Sub. H. B. No. 66Substitute Version Accepted by Committee

Substitute Version Accepted by Committee

126th General Assembly

Regular Session

2005-2006

Sub. H. B. No. 66

A BILL

To amend sections 9.24, 101.68, 102.02, 105.41,

108.05, 109.54, 109.57, 109.60, 109.79, 109.91,

117.10, 120.06, 120.13, 120.23, 120.52, 120.53,

121.37, 121.38, 122.011, 122.17, 122.171, 122.40,

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, 122.95, 122.951, 123.01, 123.152, 123.17,

124.07, 124.321, 124.328, 125.041, 125.05, 125.09,

125.11, 125.831, 125.832, 126.25, 127.16, 131.02,

131.23, 133.09, 140.01, 140.08, 141.011, 141.04,

147.05, 147.10, 147.11, 147.12, 147.371, 149.30,

150.07, 150.10, 173.26, 173.40, 173.99, 181.251,

181.51, 181.52, 181.54, 181.55, 181.56, 183.28,

184.02, 305.171, 307.36, 307.37, 307.695, 307.76,

307.86, 307.88, 317.08, 317.36, 319.20, 319.302,

321.24, 323.01, 323.152, 325.31, 329.04, 329.051,

339.72, 339.88, 340.03, 340.16, 731.14, 731.141,

742.59, 901.43, 903.05, 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, 1509.06, 1509.072, 1509.31, 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, 1751.89,

1901.26, 1901.31, 1907.24, 2113.041, 2151.352,

2151.416, 2152.43, 2152.44, 2152.74, 2303.201,

2305.234, 2329.66, 2743.191, 2744.05, 2744.08,

2901.07, 2913.40, 2921.13, 2923.25, 2929.13,

2929.14, 2967.05, 2967.13, 2971.05, 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, 3302.03, 3311.059, 3313.207,

3313.208, 3313.209, 3313.489, 3313.975, 3313.976,

3313.977, 3313.978, 3313.98, 3314.01, 3314.013,

3314.015, 3314.02, 3314.021, 3314.03, 3314.031,

3314.032, 3314.033, 3314.06, 3314.074, 3314.08,

3314.13, 3315.17, 3315.18, 3315.37, 3316.06,

3316.16, 3317.01, 3317.013, 3317.02, 3317.021,

3317.022, 3317.023, 3317.024, 3317.026, 3317.027,

3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,

3317.031, 3317.05, 3317.052, 3317.053, 3317.06,

3317.063, 3317.081, 3317.09, 3317.10, 3317.16,

3317.20, 3317.21, 3317.22, 3317.23, 3317.50,

3317.51, 3318.091, 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,

3333.38, 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, 3334.19,

3345.10, 3345.32, 3353.01, 3353.04, 3353.06,

3353.07, 3362.02, 3365.01, 3365.02, 3375.48,

3375.49, 3375.54, 3375.55, 3381.15, 3383.02,

3383.09, 3501.17, 3701.023, 3701.146, 3701.65,

3702.141, 3702.51, 3702.68, 3702.72, 3702.74,

3703.01, 3703.03, 3703.04, 3703.05, 3703.06,

3703.07, 3703.08, 3703.10, 3703.99, 3704.035,

3704.143, 3704.99, 3705.24, 3709.29, 3709.34,

3712.03, 3714.07, 3721.01, 3721.011, 3721.02,

3721.03, 3721.07, 3721.15, 3721.21, 3721.50,

3721.51, 3721.52, 3721.56, 3721.58, 3722.01,

3722.02, 3722.04, 3734.01, 3734.20, 3734.21,

3734.22, 3734.23, 3734.28, 3734.57, 3734.573,

3734.85, 3734.901, 3734.9010, 3735.27, 3743.01,

3743.02, 3743.04, 3743.05, 3743.06, 3743.15,

3743.17, 3743.18, 3743.19, 3743.57, 3743.59,

3743.65, 3743.75, 3745.11, 3745.12, 3746.04,

3746.071, 3748.07, 3748.13, 3773.34, 3773.38,

3773.39, 3773.40, 3773.57, 3781.07, 3781.10,

3781.102, 3793.09, 3901.021, 3901.17, 3901.78,

3903.14, 3903.42, 3905.04, 3905.36, 3905.40,

3923.27, 4112.12, 4115.03, 4115.032, 4115.071,

4115.32, 4115.34, 4117.10, 4117.24, 4123.27,

4301.10, 4301.43, 4303.182, 4501.01, 4501.37,

4503.103, 4503.471, 4503.48, 4503.50, 4503.53,

4503.571, 4503.59, 4503.73, 4503.85, 4503.91,

4505.06, 4506.07, 4511.191, 4511.75, 4517.01,

4519.01, 4519.02, 4519.09, 4561.17, 4561.18,

4561.21, 4703.15, 4705.09, 4709.05, 4713.02,

4723.32, 4723.63, 4731.65, 4731.71, 4736.11,

4736.12, 4740.14, 4753.03, 4753.06, 4753.071,

4753.08, 4753.09, 4755.48, 4775.04, 4905.10,

4905.54, 4905.95, 4911.02, 4911.18, 4973.171,

5101.16, 5101.181, 5101.21, 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, 5104.02, 5104.32, 5104.38, 5107.05,

5107.10, 5107.26, 5107.30, 5107.58, 5110.01,

5110.05, 5110.352, 5110.39, 5111.011, 5111.019,

5111.0112, 5111.02, 5111.021, 5111.022, 5111.023,

5111.025, 5111.042, 5111.06, 5111.082, 5111.11,

5111.111, 5111.113, 5111.16, 5111.17, 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,

100

5111.33, 5111.62, 5111.81, 5111.85, 5111.87,

101

5111.871, 5111.88, 5111.911, 5111.97, 5111.99,

102

5112.03, 5112.08, 5112.17, 5112.30, 5112.31,

103

5115.20, 5115.22, 5115.23, 5119.61, 5120.09,

104

5120.16, 5120.48, 5120.51, 5121.01, 5121.02,

105

5121.03, 5121.04, 5121.05, 5121.06, 5121.061,

106

5121.07, 5121.08, 5121.09, 5121.10, 5121.11,

107

5121.12, 5121.21, 5122.03, 5122.31, 5123.01,

108

5123.045, 5123.046, 5123.047, 5123.049, 5123.0412,

109

5123.34, 5123.41, 5123.701, 5123.71, 5123.76,

110

5126.01, 5126.035, 5126.042, 5126.054, 5126.055,

111

5126.056, 5126.057, 5126.12, 5139.01, 5139.36,

112

5153.16, 5502.01, 5531.10, 5540.01, 5540.09,

113

5552.01, 5703.052, 5703.053, 5703.26, 5703.47,

114

5703.50, 5703.70, 5703.80, 5703.99, 5705.091,

115

5705.19, 5705.391, 5711.16, 5711.21, 5711.22,

116

5711.28, 5715.24, 5719.041, 5725.01, 5725.19,

117

5727.01, 5727.02, 5727.06, 5727.08, 5727.10,

118

5727.11, 5727.111, 5727.12, 5727.23, 5727.47,

119

5727.81, 5727.82, 5727.84, 5727.85, 5727.99,

120

5728.01, 5728.02, 5728.03, 5728.04, 5728.06,

121

5728.08, 5728.99, 5729.08, 5731.01, 5731.05,

122

5731.131, 5731.14, 5731.18, 5731.181, 5731.22,

123

5731.23, 5731.39, 5731.41, 5731.99, 5733.01,

124

5733.065, 5733.066, 5733.33, 5733.351, 5733.352,

125

5733.40, 5733.41, 5733.49, 5733.98, 5733.99,

126

5735.99, 5737.03, 5739.01, 5739.02, 5739.021,

127

5739.025, 5739.026, 5739.029, 5739.03, 5739.033,

128

5739.034, 5739.035, 5739.09, 5739.10, 5739.16,

129

5739.17, 5739.99, 5741.02, 5741.16, 5741.99,

130

5743.01, 5743.02, 5743.03, 5743.05, 5743.071,

131

5743.08, 5743.10, 5743.111, 5743.112, 5743.14,

132

5743.15, 5743.16, 5743.18, 5743.19, 5743.20,

133

5743.32, 5743.33, 5743.99, 5747.01, 5747.02,

134

5747.05, 5747.08, 5747.212, 5747.331, 5747.70,

135

5747.80, 5747.98, 5747.99, 5749.02, 5907.15,

136

5919.33, 5920.01, 6109.21, 6111.02, 6121.04, and

137

6123.04; to amend, for the purpose of adopting new

138

section numbers as indicated in parentheses,

139

sections 181.251 (5502.63), 181.51 (5502.61),

140

181.52 (5502.62), 181.54 (5502.64), 181.55

141

(5502.65), 181.56 (5502.66), 3314.031 (3314.21),

142

3314.032 (3314.22), 3314.033 (3314.23), 3314.034

143

(3314.24), 3317.21 (3318.47), 3317.22 (3318.48),

144

3317.23 (3318.49), 4115.21 (4115.16), 4723.63

145

(4723.91), 5101.75 (173.42), 5101.752 (173.43),

146

5111.02 (5111.021), 5111.021 (5111.022), 5111.022

147

(5111.023), 5111.023 (5111.0115), 5111.112

148

(5111.113), 5111.113 (5111.114), 5111.231

149

(5111.232), 5111.257 (5111.258), 5111.81

150

(5111.084), 5111.88 (5111.97), 5111.97 (5111.86),

151

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

152

(5121.01); to enact new sections 3317.012,

153

3353.02, 3353.03, 3704.14, 4723.63, 5111.02,

154

5111.112, 5111.231, 5111.257, 5111.262, 5111.88,

155

and 5123.048, and sections 101.391, 103.132,

156

120.36, 121.373, 121.381, 121.382, 121.403,

157

122.075, 122.083, 122.12, 122.121, 125.18, 125.25,

158

125.60, 125.601, 125.602, 125.603, 125.604,

159

125.605, 125.606, 125.607, 125.608, 125.609,

160

125.6010, 125.6011, 125.6012, 131.51, 153.02,

161

173.39, 173.391, 173.392, 173.393, 173.44, 173.45,

162

173.46, 173.47, 173.48, 173.49, 173.50, 306.331,

163

341.192, 901.44, 907.111, 1327.70, 1327.71,

164

1547.721, 1547.722, 1547.723, 1547.724, 1547.725,

165

1547.726, 1751.271, 2151.282, 2151.652, 2305.2341,

166

2307.65, 2744.082, 2913.401, 2927.023, 3125.191,

167

3302.10, 3310.01, 3310.02, 3310.03, 3310.04,

168

3310.05, 3310.06, 3310.07, 3310.08, 3310.09,

169

3310.10, 3310.13, 3310.14, 3310.16, 3310.17,

170

3314.016, 3314.061, 3314.084, 3314.12, 3314.18,

171

3314.25, 3314.26, 3314.27, 3314.28, 3314.35,

172

3314.36, 3316.043, 3317.016, 3317.017, 3317.201,

173

3318.18, 3319.06, 3319.0810, 3319.172, 3323.20,

174

3323.30, 3323.31, 3323.32, 3323.33, 3324.10,

175

3325.10, 3325.11, 3325.12, 3325.15, 3325.16,

176

3325.17, 3333.047, 3333.122, 3333.162, 3345.02,

177

3354.25, 3701.073, 3702.83, 3704.144, 3705.242,

178

3714.073, 3715.04, 3721.032, 3721.541, 3721.561,

179

3745.015, 3745.114, 3770.061, 3781.191, 3903.421,

180

4501.07, 4506.101, 4506.161, 4115.36, 4117.103,

181

4723.61, 4723.62, 4723.621, 4723.64, 4723.65,

182

4723.66, 4723.67, 4723.68, 4723.69, 4905.261,

183

4911.021, 5101.07, 5101.071, 5101.163, 5101.244,

184

5101.461, 5101.802, 5101.803, 5101.93, 5107.301,

185

5111.0114, 5111.027, 5111.028, 5111.061, 5111.062,

186

5111.083, 5111.084, 5111.10, 5111.161, 5111.162,

187

5111.163, 5111.164, 5111.165, 5111.176, 5111.191,

188

5111.222, 5111.234, 5111.242, 5111.254, 5111.256,

189

5111.265, 5111.266, 5111.851, 5111.852, 5111.853,

190

5111.854, 5111.855, 5111.856, 5111.881, 5111.882,

191

5111.883, 5111.884, 5111.885, 5111.886, 5111.887,

192

5111.888, 5111.889, 5111.89, 5111.891, 5111.892,

193

5111.893, 5111.914, 5111.915, 5111.971, 5111.98,

194

5112.341, 5121.30, 5121.31, 5121.32, 5121.33,

195

5121.34, 5121.35, 5121.36, 5121.37, 5121.38,

196

5121.39, 5121.40, 5121.41, 5121.42, 5121.43,

197

5121.44, 5121.45, 5121.46, 5121.47, 5121.49,

198

5121.50, 5121.51, 5121.52, 5121.53, 5121.54,

199

5121.55, 5123.16, 5540.032, 5703.057, 5707.031,

200

5725.32, 5727.031, 5727.241, 5727.812, 5729.032,

201

5739.012, 5739.36, 5743.031, 5743.072, 5743.71,

202

5747.056, 5751.01, 5751.011, 5751.012, 5751.013,

203

5751.02, 5751.03, 5751.031, 5751.032, 5751.033,

204

5751.04, 5751.05, 5751.051, 5751.06, 5751.07,

205

5751.08, 5751.081, 5751.09, 5751.10, 5751.11,

206

5751.12, 5751.20, 5751.21, 5751.22, 5751.23,

207

5751.31, 5751.50, 5751.51, 5751.52, 5751.53,

208

5751.98, 5751.99, 5919.31, 5919.341, 6111.0210,

209

6111.0211, 6111.0212, and 6111.0213; and to repeal

210

sections 181.53, 339.77, 742.36, 1541.221,

211

3301.31, 3301.33, 3301.34, 3301.35, 3301.36,

212

3301.37, 3301.38, 3301.80, 3301.85, 3301.87,

213

3311.40, 3317.012, 3317.0212, 3317.0213, 3353.02,

214

3353.03, 3501.141, 3704.14, 3704.142, 3704.17,

215

3721.511, 3901.41, 3901.781, 3901.782, 3901.783,

216

3901.784, 4115.16, 4519.06, 4519.07, 5101.751,

217

5101.753, 5101.754, 5111.041, 5111.205, 5111.262,

218

5111.34, 5115.10, 5115.11, 5115.12, 5115.13,

219

5115.14, 5123.041, 5123.048, 5731.20, 5733.122,

220

and 6111.028 of the Revised Code; to amend

221

Sections 16.09, 19.01, 20.01, 22.03, 22.04, 23.02,

222

23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub.

223

H.B. 16 of the 126th General Assembly; to amend

224

Sections 203.03.09, 203.03.10, and 203.06.15 of

225

Am. Sub. H.B. 68 of the 126th General Assembly; to

226

amend Section 41.36 of Am. Sub. H.B. 95 of the

227

125th General Assembly and to amend Section 41.36

228

of Am. Sub. H.B. 95 of the 125th General Assembly

229

for the purpose of codifying it as section 3323.19

230

of the Revised Code; to amend Section 14 of Sub.

231

H.B. 434 of the 125th General Assembly; to amend

232

Section 4 of Am. Sub. H.B. 516 of the 125th

233

General Assembly; to amend Sections 26.01 and 74

234

of Am. Sub. S.B. 189 of the 125th General

235

Assembly; to amend Section 22 of Am. Sub. S.B. 189

236

of the 125th General Assembly, as amended by Am.

237

Sub. H.B. 16 of the 126th General Assembly; to

238

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

239

General Assembly, as subsequently amended; to

240

amend Section 153 of Am. Sub. H.B. 117 of the

241

121st General Assembly, as subsequently amended;

242

to amend Section 5 of Am. Sub. S.B. 50 of the

243

121st General Assembly, as subsequently amended;

244

and to repeal Sections 59.19, 89.17, and 147 of

245

Am. Sub. H.B. 95 of the 125th General Assembly to

246

make operating appropriations for the biennium

247

beginning July 1, 2005 and ending June 30, 2007,

248

and to provide authorization and conditions for

249

the operation of state programs, and to repeal

250

Section 553.01 of this act on December 16, 2005.

251

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

Section 101.01. That sections 9.24, 101.68, 102.02, 108.05,	252
109.54, 109.57, 109.60, 109.79, 109.91, 117.10, 120.06, 120.13,	253
120.23, 120.52, 120.53, 121.37, 121.38, 122.011, 122.17, 122.171,	254
122.40, 122.603, 122.71, 122.72, 122.73, 122.74, 122.75, 122.751,	255
122.76, 122.77, 122.78, 122.79, 122.82, 122.83, 122.95, 122.951,	256
123.01, 123.152, 123.17, 124.07, 124.321, 124.328, 125.041,	257
125.05, 125.09, 125.11, 125.831, 125.832, 126.25, 127.16, 131.02,	258
131.23, 133.09, 140.01, 140.08, 141.011, 141.04, 147.05, 147.10,	259
147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 173.26, 173.40,	260
173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56, 183.28,	261
184.02, 305.171, 307.37, 307.695, 307.76, 307.86, 307.88, 317.08,	262
317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31, 329.04,	263
329.051, 339.72, 339.88, 340.03, 340.16, 731.14, 731.141, 742.59,	264
901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37, 905.38,	265
905.381, 905.50, 905.501, 905.66, 907.16, 911.02, 913.02, 913.23,	266
915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45, 923.46,	267
927.69, 1327.511, 1327.62, 1327.99, 1502.02, 1509.06, 1509.072,	268
1509.31, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10, 1533.11,	269
1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06, 1711.53,	270
1713.03, 1751.03, 1751.89, 1901.26, 1901.31, 1907.24, 2113.041,	271
2151.352, 2151.416, 2152.43, 2152.44, 2152.74, 2303.201, 2305.234,	272
2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40, 2921.13,	273
2923.25, 2929.13, 2929.14, 2967.05, 2967.13, 2971.05, 3107.10,	274
3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079, 3301.0710,	275
3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16, 3301.311,	276
3301.32, 3301.86, 3301.88, 3302.03, 3311.059, 3313.207, 3313.208,	277
3313.209, 3313.489, 3313.975, 3313.976, 3313.977, 3313.978,	278
3313.98, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021, 3314.03,	279
3314.031, 3314.032, 3314.033, 3314.06, 3314.074, 3314.08, 3314.13,	280
3315.17, 3315.18, 3315.37, 3316.06, 3316.16, 3317.01, 3317.013,	281
3317.02, 3317.021, 3317.022, 3317.023, 3317.024, 3317.026,	282
3317.027, 3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03,	283
3317.031, 3317.05, 3317.052, 3317.053, 3317.06, 3317.063,	284
3317.081, 3317.09, 3317.10, 3317.16, 3317.20, 3317.21, 3317.22,	285
3317.23, 3317.50, 3317.51, 3318.091, 3318.33, 3319.081, 3319.17,	286
3319.22, 3319.235, 3319.55, 3323.021, 3323.091, 3323.14, 3323.16,	287
3327.01, 3332.092, 3333.04, 3333.044, 3333.12, 3333.121, 3333.27,	288
3333.28, 3333.38, 3334.01, 3334.02, 3334.03, 3334.07, 3334.08,	289
3334.09, 3334.10, 3334.11, 3334.12, 3334.15, 3334.16, 3334.17,	290
3334.18, 3334.19, 3345.10, 3345.32, 3353.01, 3353.04, 3353.06,	291
3353.07, 3362.02, 3365.01, 3365.02, 3375.48, 3375.49, 3375.54,	292
3375.55, 3381.15, 3383.02, 3383.09, 3501.17, 3701.023, 3701.146,	293
3701.65, 3702.141, 3702.51, 3702.68, 3702.71, 3702.74, 3703.01,	294
3703.03, 3703.04, 3703.05, 3703.06, 3703.07, 3703.08, 3703.10,	295
3703.99, 3704.035, 3704.143, 3704.99, 3705.24, 3709.29, 3709.34,	296
3712.03, 3714.07, 3721.01, 3721.011, 3721.02, 3721.03, 3721.07,	297
3721.15, 3721.21, 3721.50, 3721.51, 3721.52, 3721.56, 3721.58,	298
3722.01, 3722.02, 3722.04, 3734.01, 3734.20, 3734.21, 3734.22,	299
3734.23, 3734.28, 3734.57, 3734.573, 3734.85, 3734.901, 3734.9010,	300
3735.27, 3743.01, 3743.02, 3743.04, 3743.05, 3743.06, 3743.15,	301
3743.17, 3743.18, 3743.19, 3743.57, 3743.59, 3743.65, 3743.75,	302
3745.11, 3745.12, 3746.04, 3746.071, 3748.07, 3748.13, 3773.34,	303
3773.38, 3773.39, 3773.40, 3773.57, 3781.07, 3781.10, 3781.102,	304
3793.09, 3901.021, 3901.17, 3901.78, 3903.14, 3903.42, 3905.04,	305
3905.36, 3905.40, 3923.27, 4112.12, 4115.03, 4115.032, 4115.071,	306
4115.32, 4115.34, 4117.10, 4117.24, 4123.27, 4301.10, 4301.43,	307
4303.182, 4501.01, 4501.37, 4503.103, 4503.471, 4503.48, 4503.50,	308
4503.53, 4503.571, 4503.59, 4503.73, 4503.85, 4503.91, 4505.06,	309
4506.07, 4511.191, 4511.75, 4517.01, 4519.01, 4519.02, 4519.09,	310
4561.17, 4561.18, 4561.21, 4703.15, 4705.09, 4709.05, 4713.02,	311
4723.32, 4723.63, 4731.65, 4731.71, 4736.11, 4736.12, 4740.14,	312
4753.03, 4753.06, 4753.071, 4753.08, 4753.09, 4755.48, 4775.04,	313
4905.10, 4905.54, 4905.95, 4911.02, 4911.18, 4973.171, 5101.16,	314
5101.181, 5101.21, 5101.241, 5101.26, 5101.31, 5101.35, 5101.36,	315
5101.46, 5101.47, 5101.75, 5101.752, 5101.80, 5101.801, 5101.821,	316
5104.01, 5104.02, 5104.32, 5104.38, 5107.05, 5107.10, 5107.26,	317
5107.30, 5107.58, 5110.01, 5110.05, 5110.352, 5110.39, 5111.011,	318
5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.023,	319
5111.025, 5111.042, 5111.06, 5111.082, 5111.11, 5111.111,	320
5111.113, 5111.16, 5111.17, 5111.19, 5111.20, 5111.204, 5111.21,	321
5111.22, 5111.221, 5111.23, 5111.231, 5111.235, 5111.24, 5111.241,	322
5111.25, 5111.251, 5111.255, 5111.257, 5111.26, 5111.261,	323
5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291, 5111.30,	324
5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85, 5111.87,	325
5111.871, 5111.88, 5111.911, 5111.97, 5111.99, 5112.03, 5112.08,	326
5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23, 5119.61,	327
5120.09, 5120.16, 5120.48, 5120.51, 5121.01, 5121.02, 5121.03,	328
5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08, 5121.09,	329
5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31, 5123.01,	330
5123.045, 5123.046, 5123.047, 5123.049, 5123.0412, 5123.34,	331
5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035, 5126.042,	332
5126.054, 5126.055, 5126.056, 5126.057, 5126.12, 5139.01, 5139.36,	333
5153.16, 5502.01, 5531.10, 5540.01, 5540.09, 5552.01, 5703.052,	334
5703.053, 5703.26, 5703.47, 5703.50, 5703.70, 5703.80, 5703.99,	335
5705.091, 5705.19, 5705.391, 5711.16, 5711.21, 5711.22, 5711.28,	336
5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02, 5727.06,	337
5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.47,	338
5727.81, 5727.82, 5727.84, 5727.85, 5727.99, 5728.01, 5728.02,	339
5728.03, 5728.04, 5728.06, 5728.08, 5728.99, 5729.08, 5731.01,	340
5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22, 5731.23,	341
5731.39, 5731.41, 5731.99, 5733.01, 5733.065, 5733.066, 5733.33,	342
5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98, 5733.99,	343
5735.99, 5737.03, 5739.01, 5739.02, 5739.021, 5739.025, 5739.026,	344
5739.03, 5739.033, 5739.034, 5739.035, 5739.09, 5739.10, 5739.16,	345
5739.17, 5739.99, 5741.02, 5741.16, 5741.99, 5743.01, 5743.02,	346
5743.03, 5743.05, 5743.071, 5743.08, 5743.10, 5743.111, 5743.112,	347
5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20, 5743.32,	348
5743.33, 5743.99, 5747.01, 5747.02, 5747.05, 5747.08, 5747.212,	349
5747.331, 5747.70, 5747.80, 5747.98, 5747.99, 5749.02, 5907.15,	350
5919.33, 5920.01, 6109.21, 6111.02, 6121.04, and 6123.04 be	351
amended; that sections 181.251 (5502.63), 181.51 (5502.61), 181.52	352
(5502.62), 181.54 (5502.64), 181.55 (5502.65), 181.56 (5502.66),	353
3314.031 (3314.21), 3314.032 (3314.22), 3314.033 (3314.23),	354
3314.034 (3314.24), 3317.21 (3318.47), 3317.22 (3318.48), 3317.23	355
(3318.49), 4115.21 (4115.16), 4723.63 (4723.91), 5101.75 (173.42),	356
5101.752 (173.43), 5111.02 (5111.021), 5111.021 (5111.022),	357
5111.022 (5111.023), 5111.023 (5111.0115), 5111.112 (5111.113),	358
5111.113 (5111.114), 5111.231 (5111.232), 5111.257 (5111.258),	359
5111.81 (5111.085), 5111.88 (5111.97), 5111.97 (5111.86), 5121.01	360
(5121.02), 5121.02 (5121.03), and 5121.03 (5121.01) be amended for	361
the purpose of adopting new section numbers as indicated in	362
parentheses; that Section 41.36 of Am. Sub. H.B. 95 of the 125th	363
General Assembly be amended and that Section 41.36 of Am. Sub.	364
H.B. 95 of the 125th General Assembly be amended for the purpose	365
of codifying it as section 3323.19 of the Revised Code; that new	366
sections 3317.012, 3353.02, 3353.03, 3704.14, 4723.63, 5111.02,	367
5111.112, 5111.231, 5111.257, 5111.262, 5111.88, and 5123.048 and	368
sections 101.391, 103.132, 120.36, 121.373, 121.381, 121.382,	369
121.403, 122.075, 122.083, 122.12, 122.121, 125.18, 125.25,	370
125.60, 125.601, 125.602, 125.603, 125.604, 125.605, 125.606,	371
125.607, 125.608, 125.609, 125.6010, 125.6011, 125.6012, 131.51,	372
153.02, 173.39, 173.391, 173.392, 173.393, 173.44, 173.45, 173.46,	373
173.47, 173.48, 173.49, 173.50, 306.331, 341.192, 901.44, 907.111,	374
1327.70, 1327.71, 1547.721, 1547.722, 1547.723, 1547.724,	375
1547.725, 1547.726, 1751.271, 2151.282, 2151.652, 2305.2341,	376
2307.65, 2744.082, 2913.401, 2927.023, 3125.191, 3302.10, 3310.01,	377
3310.02, 3310.03, 3310.04, 3310.05, 3310.06, 3310.07, 3310.08,	378
3310.09, 3310.10, 3310.13, 3310.14, 3310.16, 3310.17, 3314.016,	379
3314.061, 3314.084, 3314.12, 3314.18, 3314.25, 3314.26, 3314.27,	380
3314.28, 3314.35, 3314.36, 3316.043, 3317.016, 3317.017, 3317.201,	381
3318.18, 3319.06, 3319.0810, 3319.172, 3323.20, 3323.30, 3323.31,	382
3323.32, 3323.33, 3324.10, 3325.10, 3325.11, 3325.12, 3325.15,	383
3325.16, 3325.17, 3333.047, 3333.122, 3333.162, 3345.02, 3354.25,	384
3701.073, 3702.83, 3704.144, 3705.242, 3714.073, 3715.04,	385
3721.032, 3721.541, 3721.561, 3745.015, 3745.114, 3770.061,	386
3781.191, 3903.421, 4115.36, 4117.103, 4501.07, 4506.101,	387
4506.161, 4723.61, 4723.62, 4723.621, 4723.64, 4723.65, 4723.66,	388
4723.67, 4723.68, 4723.69, 4905.261, 4911.021, 5101.07, 5101.071,	389
5101.163, 5101.244, 5101.461, 5101.802, 5101.803, 5101.93,	390
5107.301, 5111.0114, 5111.027, 5111.028, 5111.061, 5111.062,	391
5111.083, 5111.084, 5111.10, 5111.161, 5111.162, 5111.163,	392
5111.164, 5111.165, 5111.176, 5111.191, 5111.222, 5111.234,	393
5111.242, 5111.254, 5111.256, 5111.265, 5111.266, 5111.851,	394
5111.852, 5111.853, 5111.854, 5111.855, 5111.856, 5111.881,	395
5111.882, 5111.883, 5111.884, 5111.885, 5111.886, 5111.887,	396
5111.888, 5111.889, 5111.89, 5111.891, 5111.892, 5111.893,	397
5111.914, 5111.915, 5111.971, 5111.98, 5112.341, 5121.30, 5121.31,	398
5121.32, 5121.33, 5121.34, 5121.35, 5121.36, 5121.37, 5121.38,	399
5121.39, 5121.40, 5121.41, 5121.42, 5121.43, 5121.44, 5121.45,	400
5121.46, 5121.47, 5121.49, 5121.50, 5121.51, 5121.52, 5121.53,	401
5121.54, 5121.55, 5123.16, 5540.032, 5703.057, 5707.031, 5725.32,	402
5727.031, 5727.241, 5727.812, 5729.032, 5739.012, 5739.36,	403
5743.031, 5743.072, 5743.71, 5747.056, 5751.01, 5751.011,	404
5751.012, 5751.013, 5751.02, 5751.03, 5751.031, 5751.032,	405
5751.033, 5751.04, 5751.05, 5751.051, 5751.06, 5751.07, 5751.08,	406
5751.081, 5751.09, 5751.10, 5751.11, 5751.12, 5751.20, 5751.21,	407
5751.22, 5751.23, 5751.31, 5751.50, 5751.51, 5751.52, 5751.53,	408
5751.98, 5751.99, 5919.31, 5919.341, 6111.0210, 6111.0211,	409
6111.0212, and 6111.0213 of the Revised Code be enacted to read as	410
follows:	411

Sec. 9.24. (A) Except as may be allowed under division (F) of	412
this section, no state agency and no political subdivision shall	413
award a contract as described in division (G)(1) of this section	414
for goods, services, or construction, paid for in whole or in part	415
with state funds, to a person against whom a finding for recovery	416
has been issued by the auditor of state on and after January 1,	417
2001, if the finding for recovery is unresolved.	418

A contract is considered to be awarded when it is entered	419
into or executed, irrespective of whether the parties to the	420
contract have exchanged any money.	421

(B) For purposes of this section, a finding for recovery is	422
unresolved unless one of the following criteria applies:	423

(1) The money identified in the finding for recovery is paid	424
in full to the state agency or political subdivision to whom the	425
money was owed;	426

(2) The debtor has entered into a repayment plan that is	427
approved by the attorney general and the state agency or political	428
subdivision to whom the money identified in the finding for	429
recovery is owed. A repayment plan may include a provision	430
permitting a state agency or political subdivision to withhold	431
payment to a debtor for goods, services, or construction provided	432
to or for the state agency or political subdivision pursuant to a	433
contract that is entered into with the debtor after the date the	434
finding for recovery was issued.	435

(3) The attorney general waives a repayment plan described in	436
division (B)(2) of this section for good cause;	437

(4) The debtor and state agency or political subdivision to	438
whom the money identified in the finding for recovery is owed have	439
agreed to a payment plan established through an enforceable	440
settlement agreement.	441

(5) The state agency or political subdivision desiring to	442
enter into a contract with a debtor certifies, and the attorney	443
general concurs, that all of the following are true:	444

(a) Essential services the state agency or political	445
subdivision is seeking to obtain from the debtor cannot be	446
provided by any other person besides the debtor;	447

(b) Awarding a contract to the debtor for the essential	448
services described in division (B)(5)(a) of this section is in the	449
best interest of the state;	450

(c) Good faith efforts have been made to collect the money	451
identified in the finding of recovery.	452

(6) The debtor has commenced an action to contest the finding	453
for recovery and a final determination on the action has not yet	454
been reached.	455

(C) The attorney general shall submit an initial report to	456
the auditor of state, not later than December 1, 2003, indicating	457
the status of collection for all findings for recovery issued by	458
the auditor of state for calendar years 2001, 2002, and 2003.	459
Beginning on January 1, 2004, the attorney general shall submit to	460
the auditor of state, on the first day of every January, April,	461
July, and October, a list of all findings for recovery that have	462
been resolved in accordance with division (B) of this section	463
during the calendar quarter preceding the submission of the list	464
and a description of the means of resolution. The attorney general	465
shall notify the auditor of state when a judgment is issued	466
against an entity described in division (F)(1) of this section.	467

(D) The auditor of state shall maintain a database,	468
accessible to the public, listing persons against whom an	469
unresolved finding for recovery has been issued, and the amount of	470
the money identified in the unresolved finding for recovery. The	471
auditor of state shall have this database operational on or before	472
January 1, 2004. The initial database shall contain the	473
information required under this division for calendar years 2001,	474
2002, and 2003.	475

Beginning January 15, 2004, the auditor of state shall update	476
the database by the fifteenth day of every January, April, July,	477
and October to reflect resolved findings for recovery that are	478
reported to the auditor of state by the attorney general on the	479
first day of the same month pursuant to division (C) of this	480
section.	481

(E) Before awarding a contract as described in division	482
(G)(1) of this section for goods, services, or construction, paid	483
for in whole or in part with state funds, a state agency or	484
political subdivision shall verify that the person to whom the	485
state agency or political subdivision plans to award the contract	486
has no unresolved finding for recovery issued against the person.	487
A state agency or political subdivision shall verify that the	488
person does not appear in the database described in division (D)	489
of this section or shall obtain other proof that the person has no	490
unresolved finding for recovery issued against the person.	491

(F) The prohibition of division (A) of this section and the	492
requirement of division (E) of this section do not apply with	493
respect to the companies or agreements described in divisions	494
(F)(1) and (2) of this section, or in the circumstance described	495
in division (F)(3) of this section.	496

(1) A bonding company or a company authorized to transact the	497
business of insurance in this state, a self-insurance pool, joint	498
self-insurance pool, risk management program, or joint risk	499
management program, unless a court has entered a final judgment	500
against the company and the company has not yet satisfied the	501
final judgment.	502

(2) To medicaid provider agreements under Chapter 5111. of	503
the Revised Code ~~or payments or provider agreements under~~	504
~~disability assistance medical assistance established under Chapter~~	505
~~5115. of the Revised Code~~.	506

(3) When federal law dictates that a specified entity provide	507
the goods, services, or construction for which a contract is being	508
awarded, regardless of whether that entity would otherwise be	509
prohibited from entering into the contract pursuant to this	510
section.	511

(G)(1) This section applies only to contracts for goods,	512
services, or construction that satisfy the criteria in either	513
division (G)(1)(a) or (b) of this ~~division~~section. This section	514
may apply to contracts for goods, services, or construction that	515
satisfy the criteria in division (G)(1)(c) of this section,	516
provided that the contracts also satisfy the criteria in either	517
division (G)(1)(a) or (b) of this ~~division~~section.	518

(a) The cost for the goods, services, or construction	519
provided under the contract is estimated to exceed twenty-five	520
thousand dollars.	521

(b) The aggregate cost for the goods, services, or	522
construction provided under multiple contracts entered into by the	523
particular state agency and a single person or the particular	524
political subdivision and a single person within the fiscal year	525
preceding the fiscal year within which a contract is being entered	526
into by that same state agency and the same single person or the	527
same political subdivision and the same single person, exceeded	528
fifty thousand dollars.	529

(c) The contract is a renewal of a contract previously	530
entered into and renewed pursuant to that preceding contract.	531

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

532

(H) As used in this section:

533

(1) "State agency" has the same meaning as in section 9.66 of	534
the Revised Code.	535

(2) "Political subdivision" means a political subdivision as	536
defined in section 9.82 of the Revised Code that has received more	537
than fifty thousand dollars of state money in the current fiscal	538
year or the preceding fiscal year.	539

(3) "Finding for recovery" means a determination issued by	540
the auditor of state, contained in a report the auditor of state	541
gives to the attorney general pursuant to section 117.28 of the	542
Revised Code, that public money has been illegally expended,	543
public money has been collected but not been accounted for, public	544
money is due but has not been collected, or public property has	545
been converted or misappropriated.	546

(4) "Debtor" means a person against whom a finding for	547
recovery has been issued.	548

(5) "Person" means the person named in the finding for	549
recovery.	550

(6) "State money" does not include funds the state receives	551
from another source and passes through to a political subdivision.	552

Sec. 101.391. (A) There is hereby created the joint	553
legislative committee on medicaid technology and reform. The	554
committee may review or study any matter that it considers	555
relevant to the operation of the medicaid program established	556
under Chapter 5111. of the Revised Code, with priority given to	557
the study or review of mechanisms to enhance the program's	558
effectiveness through improved technology systems and program	559
reform.	560

(B) The committee shall consist of five members of the house	561
of representatives appointed by the speaker of the house of	562
representatives and five members of the senate appointed by the	563
president of the senate. Not more than three members appointed by	564
the speaker of the house of representatives and not more than	565
three members appointed by the president of the senate may be of	566
the same political party.	567

Each member of the committee shall hold office during the	568
general assembly in which the member is appointed and until a	569
successor has been appointed, notwithstanding the adjournment sine	570
die of the general assembly in which the member was appointed or	571
the expiration of the member's term as a member of the general	572
assembly. Any vacancies occurring among the members of the	573
committee shall be filled in the manner of the original	574
appointment.	575

(C) The committee has the same powers as other standing or	576
select committees of the general assembly. The committee may	577
employ an executive director.	578

Sec. 101.68. (A) ~~Within~~Subject to division (D) of this	579
section, within thirty days of the convening of the first regular	580
session of the general assembly, each agency required to submit	581
reports or similar documents to the general assembly pursuant to	582
section 103.43, 3301.07, 5139.33, 5501.07, 5537.17, or 5593.21 of	583
the Revised Code shall send written notice to each member of the	584
general assembly in order to determine whether the member desires	585
to personally receive the reports or similar documents as they are	586
made available by the agency. If the member desires to personally	587
receive the reports or similar documents as they become available,	588
the member shall send a written request to the agency within	589
thirty days of receiving the notice.	590

(B) Whenever any statute or rule requires that a report,	591
recommendation, or other similar document be submitted to the	592
general assembly under a law not cited in division (A) of this	593
section, to the members of the general assembly, to one house of	594
the general assembly, or to the members of one house of the	595
general assembly, the requirement shall be fulfilled by the	596
submission of a copy of the report, recommendation, or document to	597
the director of the legislative service commission, the president	598
of the senate, the minority leader of the senate, the speaker of	599
the house of representatives, and the minority leader of the house	600
of representatives if both houses of the general assembly or their	601
members are specified, or to the director of the legislative	602
service commission, the president of the senate, and the minority	603
leader of the senate if only the senate or its members are	604
specified, or to the director of the legislative service	605
commission, the speaker of the house of representatives, and the	606
minority leader of the house of representatives if only the house	607
of representatives or its members are specified. This division	608
does not apply to items required to be distributed to members of	609
the general assembly pursuant to section 103.14, 149.04, 149.07,	610
or 149.17 of the Revised Code.	611

(C) Each month the legislative service commission shall	612
provide to each member of the senate and to each member of the	613
house of representatives a list of all reports, recommendations,	614
and documents submitted to the officers of the general assembly	615
under division (B) of this section. The list shall include a short	616
and accurate description of the content, length, and form of each	617
report, recommendation, or document submitted, as well as a	618
statement setting forth the number printed, if applicable, and the	619
cost of preparation. Each member may request from the legislative	620
service commission a copy of any report, recommendation, or	621
document on the list, and the legislative service commission shall	622
comply with any such request.	623

(D) Notwithstanding any provision of the Revised Code to the	624
contrary, whenever any statute or rule requires that an agency	625
submit a report, recommendation, or other similar document to the	626
general assembly or otherwise as described in division (B) of this	627
section in a paper, book, or other hard copy format, the report,	628
recommendation, or other document, to the extent technologically	629
feasible, shall be submitted to the general assembly or otherwise	630
as described in division (B) of this section through electronic	631
means, rather than in the hard copy format, and shall be displayed	632
by the agency on a web site it maintains.	633

Sec. 102.02. (A) Except as otherwise provided in division	634
(H) of this section, all of the following shall file with the	635
appropriate ethics commission the disclosure statement described	636
in this division on a form prescribed by the appropriate	637
commission: every person who is elected to or is a candidate for a	638
state, county, or city office and every person who is appointed to	639
fill a vacancy for an unexpired term in such an elective office;	640
all members of the state board of education; the director,	641
assistant directors, deputy directors, division chiefs, or persons	642
of equivalent rank of any administrative department of the state;	643
the president or other chief administrative officer of every state	644
institution of higher education as defined in section 3345.011 of	645
the Revised Code; the executive director and the members of the	646
capitol square review and advisory board appointed or employed	647
pursuant to section 105.41 of the Revised Code; the chief	648
executive officer and the members of the board of each state	649
retirement system; each employee of a state retirement board who	650
is a state retirement system investment officer licensed pursuant	651
to section 1707.163 of the Revised Code; the members of the Ohio	652
retirement study council appointed pursuant to division (C) of	653
section 171.01 of the Revised Code; employees of the Ohio	654
retirement study council, other than employees who perform purely	655
administrative or clerical functions; all members of the board of	656
commissioners on grievances and discipline of the supreme court	657
and the ethics commission created under section 102.05 of the	658
Revised Code; every business manager, treasurer, or superintendent	659
of a city, local, exempted village, joint vocational, or	660
cooperative education school district or an educational service	661
center; every person who is elected to or is a candidate for the	662
office of member of a board of education of a city, local,	663
exempted village, joint vocational, or cooperative education	664
school district or of a governing board of an educational service	665
center that has a total student count of twelve thousand or more	666
as most recently determined by the department of education	667
pursuant to section 3317.03 of the Revised Code; every person who	668
is appointed to the board of education of a municipal school	669
district pursuant to division (B) or (F) of section 3311.71 of the	670
Revised Code; all members of the board of directors of a sanitary	671
district that is established under Chapter 6115. of the Revised	672
Code and organized wholly for the purpose of providing a water	673
supply for domestic, municipal, and public use, and that includes	674
two municipal corporations in two counties; every public official	675
or employee who is paid a salary or wage in accordance with	676
schedule C of section 124.15 or schedule E-2 of section 124.152 of	677
the Revised Code; members of the board of trustees and the	678
executive director of the tobacco use prevention and control	679
foundation; members of the board of trustees and the executive	680
director of the southern Ohio agricultural and community	681
development foundation; and every other public official or	682
employee who is designated by the appropriate ethics commission	683
pursuant to division (B) of this section.	684

The disclosure statement shall include all of the following:

685

(1) The name of the person filing the statement and each	686
member of the person's immediate family and all names under which	687
the person or members of the person's immediate family do	688
business;	689

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	690
and except as otherwise provided in section 102.022 of the Revised	691
Code, identification of every source of income, other than income	692
from a legislative agent identified in division (A)(2)(b) of this	693
section, received during the preceding calendar year, in the	694
person's own name or by any other person for the person's use or	695
benefit, by the person filing the statement, and a brief	696
description of the nature of the services for which the income was	697
received. If the person filing the statement is a member of the	698
general assembly, the statement shall identify the amount of every	699
source of income received in accordance with the following ranges	700
of amounts: zero or more, but less than one thousand dollars; one	701
thousand dollars or more, but less than ten thousand dollars; ten	702
thousand dollars or more, but less than twenty-five thousand	703
dollars; twenty-five thousand dollars or more, but less than fifty	704
thousand dollars; fifty thousand dollars or more, but less than	705
one hundred thousand dollars; and one hundred thousand dollars or	706
more. Division (A)(2)(a) of this section shall not be construed to	707
require a person filing the statement who derives income from a	708
business or profession to disclose the individual items of income	709
that constitute the gross income of that business or profession,	710
except for those individual items of income that are attributable	711
to the person's or, if the income is shared with the person, the	712
partner's, solicitation of services or goods or performance,	713
arrangement, or facilitation of services or provision of goods on	714
behalf of the business or profession of clients, including	715
corporate clients, who are legislative agents. A person who files	716
the statement under this section shall disclose the identity of	717
and the amount of income received from a person who the public	718
official or employee knows or has reason to know is doing or	719
seeking to do business of any kind with the public official's or	720
employee's agency.	721

(b) If the person filing the statement is a member of the	722
general assembly, the statement shall identify every source of	723
income and the amount of that income that was received from a	724
legislative agent during the preceding calendar year, in the	725
person's own name or by any other person for the person's use or	726
benefit, by the person filing the statement, and a brief	727
description of the nature of the services for which the income was	728
received. Division (A)(2)(b) of this section requires the	729
disclosure of clients of attorneys or persons licensed under	730
section 4732.12 of the Revised Code, or patients of persons	731
certified under section 4731.14 of the Revised Code, if those	732
clients or patients are legislative agents. Division (A)(2)(b) of	733
this section requires a person filing the statement who derives	734
income from a business or profession to disclose those individual	735
items of income that constitute the gross income of that business	736
or profession that are received from legislative agents.	737

(c) Except as otherwise provided in division (A)(2)(c) of	738
this section, division (A)(2)(a) of this section applies to	739
attorneys, physicians, and other persons who engage in the	740
practice of a profession and who, pursuant to a section of the	741
Revised Code, the common law of this state, a code of ethics	742
applicable to the profession, or otherwise, generally are required	743
not to reveal, disclose, or use confidences of clients, patients,	744
or other recipients of professional services except under	745
specified circumstances or generally are required to maintain	746
those types of confidences as privileged communications except	747
under specified circumstances. Division (A)(2)(a) of this section	748
does not require an attorney, physician, or other professional	749
subject to a confidentiality requirement as described in division	750
(A)(2)(c) of this section to disclose the name, other identity, or	751
address of a client, patient, or other recipient of professional	752
services if the disclosure would threaten the client, patient, or	753
other recipient of professional services, would reveal details of	754
the subject matter for which legal, medical, or professional	755
advice or other services were sought, or would reveal an otherwise	756
privileged communication involving the client, patient, or other	757
recipient of professional services. Division (A)(2)(a) of this	758
section does not require an attorney, physician, or other	759
professional subject to a confidentiality requirement as described	760
in division (A)(2)(c) of this section to disclose in the brief	761
description of the nature of services required by division	762
(A)(2)(a) of this section any information pertaining to specific	763
professional services rendered for a client, patient, or other	764
recipient of professional services that would reveal details of	765
the subject matter for which legal, medical, or professional	766
advice was sought or would reveal an otherwise privileged	767
communication involving the client, patient, or other recipient of	768
professional services.	769

(3) The name of every corporation on file with the secretary	770
of state that is incorporated in this state or holds a certificate	771
of compliance authorizing it to do business in this state, trust,	772
business trust, partnership, or association that transacts	773
business in this state in which the person filing the statement or	774
any other person for the person's use and benefit had during the	775
preceding calendar year an investment of over one thousand dollars	776
at fair market value as of the thirty-first day of December of the	777
preceding calendar year, or the date of disposition, whichever is	778
earlier, or in which the person holds any office or has a	779
fiduciary relationship, and a description of the nature of the	780
investment, office, or relationship. Division (A)(3) of this	781
section does not require disclosure of the name of any bank,	782
savings and loan association, credit union, or building and loan	783
association with which the person filing the statement has a	784
deposit or a withdrawable share account.	785

(4) All fee simple and leasehold interests to which the	786
person filing the statement holds legal title to or a beneficial	787
interest in real property located within the state, excluding the	788
person's residence and property used primarily for personal	789
recreation;	790

(5) The names of all persons residing or transacting business	791
in the state to whom the person filing the statement owes, in the	792
person's own name or in the name of any other person, more than	793
one thousand dollars. Division (A)(5) of this section shall not be	794
construed to require the disclosure of debts owed by the person	795
resulting from the ordinary conduct of a business or profession or	796
debts on the person's residence or real property used primarily	797
for personal recreation, except that the superintendent of	798
financial institutions shall disclose the names of all	799
state-chartered savings and loan associations and of all service	800
corporations subject to regulation under division (E)(2) of	801
section 1151.34 of the Revised Code to whom the superintendent in	802
the superintendent's own name or in the name of any other person	803
owes any money, and that the superintendent and any deputy	804
superintendent of banks shall disclose the names of all	805
state-chartered banks and all bank subsidiary corporations subject	806
to regulation under section 1109.44 of the Revised Code to whom	807
the superintendent or deputy superintendent owes any money.	808

(6) The names of all persons residing or transacting business	809
in the state, other than a depository excluded under division	810
(A)(3) of this section, who owe more than one thousand dollars to	811
the person filing the statement, either in the person's own name	812
or to any person for the person's use or benefit. Division (A)(6)	813
of this section shall not be construed to require the disclosure	814
of clients of attorneys or persons licensed under section 4732.12	815
or 4732.15 of the Revised Code, or patients of persons certified	816
under section 4731.14 of the Revised Code, nor the disclosure of	817
debts owed to the person resulting from the ordinary conduct of a	818
business or profession.	819

(7) Except as otherwise provided in section 102.022 of the	820
Revised Code, the source of each gift of over seventy-five	821
dollars, or of each gift of over twenty-five dollars received by a	822
member of the general assembly from a legislative agent, received	823
by the person in the person's own name or by any other person for	824
the person's use or benefit during the preceding calendar year,	825
except gifts received by will or by virtue of section 2105.06 of	826
the Revised Code, or received from spouses, parents, grandparents,	827
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	828
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	829
fathers-in-law, mothers-in-law, or any person to whom the person	830
filing the statement stands in loco parentis, or received by way	831
of distribution from any inter vivos or testamentary trust	832
established by a spouse or by an ancestor;	833

(8) Except as otherwise provided in section 102.022 of the	834
Revised Code, identification of the source and amount of every	835
payment of expenses incurred for travel to destinations inside or	836
outside this state that is received by the person in the person's	837
own name or by any other person for the person's use or benefit	838
and that is incurred in connection with the person's official	839
duties, except for expenses for travel to meetings or conventions	840
of a national or state organization to which any state agency,	841
including, but not limited to, any legislative agency or state	842
institution of higher education as defined in section 3345.011 of	843
the Revised Code, pays membership dues, or any political	844
subdivision or any office or agency of a political subdivision	845
pays membership dues;	846

(9) Except as otherwise provided in section 102.022 of the	847
Revised Code, identification of the source of payment of expenses	848
for meals and other food and beverages, other than for meals and	849
other food and beverages provided at a meeting at which the person	850
participated in a panel, seminar, or speaking engagement or at a	851
meeting or convention of a national or state organization to which	852
any state agency, including, but not limited to, any legislative	853
agency or state institution of higher education as defined in	854
section 3345.011 of the Revised Code, pays membership dues, or any	855
political subdivision or any office or agency of a political	856
subdivision pays membership dues, that are incurred in connection	857
with the person's official duties and that exceed one hundred	858
dollars aggregated per calendar year;	859

(10) If the disclosure statement is filed by a public	860
official or employee described in division (B)(2) of section	861
101.73 of the Revised Code or division (B)(2) of section 121.63 of	862
the Revised Code who receives a statement from a legislative	863
agent, executive agency lobbyist, or employer that contains the	864
information described in division (F)(2) of section 101.73 of the	865
Revised Code or division (G)(2) of section 121.63 of the Revised	866
Code, all of the nondisputed information contained in the	867
statement delivered to that public official or employee by the	868
legislative agent, executive agency lobbyist, or employer under	869
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	870
the Revised Code.	871

A person may file a statement required by this section in	872
person or by mail. A person who is a candidate for elective office	873
shall file the statement no later than the thirtieth day before	874
the primary, special, or general election at which the candidacy	875
is to be voted on, whichever election occurs soonest, except that	876
a person who is a write-in candidate shall file the statement no	877
later than the twentieth day before the earliest election at which	878
the person's candidacy is to be voted on. A person who holds	879
elective office shall file the statement on or before the	880
fifteenth day of April of each year unless the person is a	881
candidate for office. A person who is appointed to fill a vacancy	882
for an unexpired term in an elective office shall file the	883
statement within fifteen days after the person qualifies for	884
office. Other persons shall file an annual statement on or before	885
the fifteenth day of April or, if appointed or employed after that	886
date, within ninety days after appointment or employment. No	887
person shall be required to file with the appropriate ethics	888
commission more than one statement or pay more than one filing fee	889
for any one calendar year.	890

The appropriate ethics commission, for good cause, may extend	891
for a reasonable time the deadline for filing a statement under	892
this section.	893

A statement filed under this section is subject to public	894
inspection at locations designated by the appropriate ethics	895
commission except as otherwise provided in this section.	896

(B) The Ohio ethics commission, the joint legislative ethics	897
committee, and the board of commissioners on grievances and	898
discipline of the supreme court, using the rule-making procedures	899
of Chapter 119. of the Revised Code, may require any class of	900
public officials or employees under its jurisdiction and not	901
specifically excluded by this section whose positions involve a	902
substantial and material exercise of administrative discretion in	903
the formulation of public policy, expenditure of public funds,	904
enforcement of laws and rules of the state or a county or city, or	905
the execution of other public trusts, to file an annual statement	906
on or before the fifteenth day of April under division (A) of this	907
section. The appropriate ethics commission shall send the public	908
officials or employees written notice of the requirement by the	909
fifteenth day of February of each year the filing is required	910
unless the public official or employee is appointed after that	911
date, in which case the notice shall be sent within thirty days	912
after appointment, and the filing shall be made not later than	913
ninety days after appointment.	914

Except for disclosure statements filed by members of the	915
board of trustees and the executive director of the tobacco use	916
prevention and control foundation and members of the board of	917
trustees and the executive director of the southern Ohio	918
agricultural and community development foundation, disclosure	919
statements filed under this division with the Ohio ethics	920
commission by members of boards, commissions, or bureaus of the	921
state for which no compensation is received other than reasonable	922
and necessary expenses shall be kept confidential. Disclosure	923
statements filed with the Ohio ethics commission under division	924
(A) of this section by business managers, treasurers, and	925
superintendents of city, local, exempted village, joint	926
vocational, or cooperative education school districts or	927
educational service centers shall be kept confidential, except	928
that any person conducting an audit of any such school district or	929
educational service center pursuant to section 115.56 or Chapter	930
117. of the Revised Code may examine the disclosure statement of	931
any business manager, treasurer, or superintendent of that school	932
district or educational service center. The Ohio ethics commission	933
shall examine each disclosure statement required to be kept	934
confidential to determine whether a potential conflict of interest	935
exists for the person who filed the disclosure statement. A	936
potential conflict of interest exists if the private interests of	937
the person, as indicated by the person's disclosure statement,	938
might interfere with the public interests the person is required	939
to serve in the exercise of the person's authority and duties in	940
the person's office or position of employment. If the commission	941
determines that a potential conflict of interest exists, it shall	942
notify the person who filed the disclosure statement and shall	943
make the portions of the disclosure statement that indicate a	944
potential conflict of interest subject to public inspection in the	945
same manner as is provided for other disclosure statements. Any	946
portion of the disclosure statement that the commission determines	947
does not indicate a potential conflict of interest shall be kept	948
confidential by the commission and shall not be made subject to	949
public inspection, except as is necessary for the enforcement of	950
Chapters 102. and 2921. of the Revised Code and except as	951
otherwise provided in this division.	952

(C) No person shall knowingly fail to file, on or before the	953
applicable filing deadline established under this section, a	954
statement that is required by this section.	955

(D) No person shall knowingly file a false statement that is	956
required to be filed under this section.	957

(E)(1) Except as provided in divisions (E)(2) and (3) of this	958
section, the statement required by division (A) or (B) of this	959
section shall be accompanied by a filing fee of forty dollars.	960

(2) The statement required by division (A) of this section	961
shall be accompanied by the following filing fee to be paid by the	962
person who is elected or appointed to, or is a candidate for, any	963
of the following offices:	964

For state office, except member of the		965
state board of education	$65	966
For office of member of general assembly	$40	967
For county office	$40	968
For city office	$25	969
For office of member of the state board		970
of education	$25	971
For office of member of a city, local,		972
exempted village, or cooperative		973
education board of		974
education or educational service		975
center governing board	$20	976
For position of business manager,		977
treasurer, or superintendent of a		978
city, local, exempted village, joint		979
vocational, or cooperative education		980
school district or		981
educational service center	$20	982

(3) No judge of a court of record or candidate for judge of a	983
court of record, and no referee or magistrate serving a court of	984
record, shall be required to pay the fee required under division	985
(E)(1) or (2) or (F) of this section.	986

(4) For any public official who is appointed to a nonelective	987
office of the state and for any employee who holds a nonelective	988
position in a public agency of the state, the state agency that is	989
the primary employer of the state official or employee shall pay	990
the fee required under division (E)(1) or (F) of this section.	991

(F) If a statement required to be filed under this section is	992
not filed by the date on which it is required to be filed, the	993
appropriate ethics commission shall assess the person required to	994
file the statement a late filing fee of ten dollars for each day	995
the statement is not filed, except that the total amount of the	996
late filing fee shall not exceed two hundred fifty dollars.	997

(G)(1) The appropriate ethics commission other than the Ohio	998
ethics commission shall deposit all fees it receives under	999
divisions (E) and (F) of this section into the general revenue	1000
fund of the state.	1001

(2) The Ohio ethics commission shall deposit all receipts,	1002
including, but not limited to, fees it receives under divisions	1003
(E) and (F) of this section and all moneys it receives from	1004
settlements under division (G) of section 102.06 of the Revised	1005
Code, into the Ohio ethics commission fund, which is hereby	1006
created in the state treasury. All moneys credited to the fund	1007
shall be used solely for expenses related to the operation and	1008
statutory functions of the commission.	1009

(H) Division (A) of this section does not apply to a person	1010
elected or appointed to the office of precinct, ward, or district	1011
committee member under Chapter 3517. of the Revised Code; a	1012
presidential elector; a delegate to a national convention; village	1013
or township officials and employees; any physician or psychiatrist	1014
who is paid a salary or wage in accordance with schedule C of	1015
section 124.15 or schedule E-2 of section 124.152 of the Revised	1016
Code and whose primary duties do not require the exercise of	1017
administrative discretion; or any member of a board, commission,	1018
or bureau of any county or city who receives less than one	1019
thousand dollars per year for serving in that position.	1020

Sec. 103.132. The legislative service commission, in	1021
conjunction with the legislative information systems office, shall	1022
establish and maintain an electronic database containing current	1023
and historical revenue and expenditure data for each school	1024
district in the state that is easy to use and readily accessible	1025
through the internet.	1026

Sec. 105.41. (A) There is hereby created the capitol square	1027
review and advisory board, consisting of one nonvoting member, who	1028
shall be a member of the capital square foundation appointed by	1029
the board of the foundation, and the following thirteen voting	1030
members ~~as follows~~:	1031

(1) Two members of the senate, appointed by the president of	1032
the senate, both of whom shall not be members of the same	1033
political party;	1034

(2) Two members of the house of representatives, appointed by	1035
the speaker of the house of representatives, both of whom shall	1036
not be members of the same political party;	1037

(3) Five members appointed by the governor, with the advice	1038
and consent of the senate, not more than three of whom shall be	1039
members of the same political party, one of whom shall represent	1040
the office of the state architect and engineer, one of whom shall	1041
represent the Ohio arts council, one of whom shall represent the	1042
Ohio historical society, one of whom shall represent the Ohio	1043
building authority, and one of whom shall represent the public at	1044
large;	1045

(4) One member, who shall be a former president of the	1046
senate, appointed by the current president of the senate. If the	1047
current president of the senate, in the current president's	1048
discretion, decides for any reason not to make the appointment or	1049
if no person is eligible or available to serve, the seat shall	1050
remain vacant.	1051

(5) One member, who shall be a former speaker of the house of	1052
representatives, appointed by the current speaker of the house of	1053
representatives. If the current speaker of the house of	1054
representatives, in the current speaker's discretion, decides for	1055
any reason not to make the appointment or if no person is eligible	1056
or available to serve, the seat shall remain vacant.	1057

(6) The clerk of the senate and the clerk of the house of	1058
representatives.	1059

(B) Terms of office of each appointed member of the board	1060
shall be for three years, except that members of the general	1061
assembly appointed to the board shall be members of the board only	1062
so long as they are members of the general assembly. Each member	1063
shall hold office from the date of the member's appointment until	1064
the end of the term for which the member was appointed. In case of	1065
a vacancy occurring on the board, the president of the senate, the	1066
speaker of the house of representatives, or the governor, or the	1067
board of the foundation, as the case may be, shall in the same	1068
manner prescribed for the regular appointment to the commission,	1069
fill the vacancy by appointing a member. Any member appointed to	1070
fill a vacancy occurring prior to the expiration of the term for	1071
which the member's predecessor was appointed shall hold office for	1072
the remainder of the term. Any appointed member shall continue in	1073
office subsequent to the expiration date of the member's term	1074
until the member's successor takes office, or until a period of	1075
sixty days has elapsed, whichever occurs first.	1076

(C) The board shall hold meetings in a manner and at times	1077
prescribed by the rules adopted by the board. A majority of the	1078
voting members of the board constitutes a quorum, and no action	1079
shall be taken by the board unless approved by at least six voting	1080
members or by at least seven voting members if a person is	1081
appointed under division (A)(4) or (5) of this section. At its	1082
first meeting, the board shall adopt rules for the conduct of its	1083
business and the election of its officers, and shall organize by	1084
selecting a chairperson and other officers as it considers	1085
necessary. Board members shall serve without compensation but	1086
shall be reimbursed for actual and necessary expenses incurred in	1087
the performance of their duties.	1088

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

1089

(1) Employ or hire on a consulting basis professional,	1090
technical, and clerical employees as are necessary for the	1091
performance of its duties;	1092

(2) Hold public hearings at times and places as determined by	1093
the board;	1094

(3) Adopt, amend, or rescind rules necessary to accomplish	1095
the duties of the board as set forth in this section;	1096

(4) Sponsor, conduct, and support such social events as the	1097
board may authorize and consider appropriate for the employees of	1098
the board, employees and members of the general assembly,	1099
employees of persons under contract with the board or otherwise	1100
engaged to perform services on the premises of capitol square, or	1101
other persons as the board may consider appropriate. Subject to	1102
the requirements of Chapter 4303. of the Revised Code, the board	1103
may provide beer, wine, and intoxicating liquor, with or without	1104
charge, for those events and may use funds only from the sale of	1105
goods and services fund to purchase the beer, wine, and	1106
intoxicating liquor the board provides.	1107

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

1108

(1) Have sole authority to coordinate and approve any	1109
improvements, additions, and renovations that are made to the	1110
capitol square. The improvements shall include, but not be limited	1111
to, the placement of monuments and sculpture on the capitol	1112
grounds.	1113

(2) Subject to section 3353.07 of the Revised Code, operate	1114
the capitol square, and have sole authority to regulate all uses	1115
of the capitol square. The uses shall include, but not be limited	1116
to, the casual and recreational use of the capitol square.	1117

(3) Employ, fix the compensation of, and prescribe the duties	1118
of the executive director of the board and other employees the	1119
board considers necessary for the performance of its powers and	1120
duties;	1121

(4) Establish and maintain the capitol collection trust. The	1122
capitol collection trust shall consist of furniture, antiques, and	1123
other items of personal property that the board shall store in	1124
suitable facilities until they are ready to be placed in the	1125
capitol square.	1126

(5) Perform repair, construction, contracting, purchasing,	1127
maintenance, supervisory, and operating activities the board	1128
determines are necessary for the operation and maintenance of the	1129
capitol square;	1130

(6) Maintain and preserve the capitol square, in accordance	1131
with guidelines issued by the United States secretary of the	1132
interior for application of the secretary's standards for	1133
rehabilitation adopted in 36 C.F.R. part 67.	1134

(F)(1) The board shall lease capital facilities improved or	1135
financed by the Ohio building authority pursuant to Chapter 152.	1136
of the Revised Code for the use of the board, and may enter into	1137
any other agreements with the authority ancillary to improvement,	1138
financing, or leasing of those capital facilities, including, but	1139
not limited to, any agreement required by the applicable bond	1140
proceedings authorized by Chapter 152. of the Revised Code. Any	1141
lease of capital facilities authorized by this section shall be	1142
governed by division (D) of section 152.24 of the Revised Code.	1143

(2) Fees, receipts, and revenues received by the board from	1144
the state underground parking garage constitute available receipts	1145
as defined in section 152.09 of the Revised Code, and may be	1146
pledged to the payment of bond service charges on obligations	1147
issued by the Ohio building authority pursuant to Chapter 152. of	1148
the Revised Code to improve or finance capital facilities useful	1149
to the board. The authority may, with the consent of the board,	1150
provide in the bond proceedings for a pledge of all or a portion	1151
of those fees, receipts, and revenues as the authority determines.	1152
The authority may provide in the bond proceedings or by separate	1153
agreement with the board for the transfer of those fees, receipts,	1154
and revenues to the appropriate bond service fund or bond service	1155
reserve fund as required to pay the bond service charges when due,	1156
and any such provision for the transfer of those fees, receipts,	1157
and revenues shall be controlling notwithstanding any other	1158
provision of law pertaining to those fees, receipts, and revenues.	1159

(3) All moneys received by the treasurer of state on account	1160
of the board and required by the applicable bond proceedings or by	1161
separate agreement with the board to be deposited, transferred, or	1162
credited to the bond service fund or bond service reserve fund	1163
established by the bond proceedings shall be transferred by the	1164
treasurer of state to such fund, whether or not it is in the	1165
custody of the treasurer of state, without necessity for further	1166
appropriation, upon receipt of notice from the Ohio building	1167
authority as prescribed in the bond proceedings.	1168

(G) All fees, receipts, and revenues received by the board	1169
from the state underground parking garage shall be deposited into	1170
the state treasury to the credit of the underground parking garage	1171
operating fund, which is hereby created, to be used for the	1172
purposes specified in division (F) of this section and for the	1173
operation and maintenance of the garage. All investment earnings	1174
of the fund shall be credited to the fund.	1175

(H) All donations received by the board shall be deposited	1176
into the state treasury to the credit of the capitol square	1177
renovation gift fund, which is hereby created. The fund shall be	1178
used by the board as follows:	1179

(1) To provide part or all of the funding related to	1180
construction, goods, or services for the renovation of the capitol	1181
square;	1182

(2) To purchase art, antiques, and artifacts for display at	1183
the capitol square;	1184

(3) To award contracts or make grants to organizations for	1185
educating the public regarding the historical background and	1186
governmental functions of the capitol square. Chapters 125., 127.,	1187
and 153. and section 3517.13 of the Revised Code do not apply to	1188
purchases made exclusively from the fund, notwithstanding anything	1189
to the contrary in those chapters or that section. All investment	1190
earnings of the fund shall be credited to the fund.	1191

(I) Except as provided in divisions (G), (H), and (J) of this	1192
section, all fees, receipts, and revenues received by the board	1193
shall be deposited into the state treasury to the credit of the	1194
sale of goods and services fund, which is hereby created. Money	1195
credited to the fund shall be used solely to pay costs of the	1196
board other than those specified in divisions (F) and (G) of this	1197
section. All investment earnings of the fund shall be credited to	1198
the fund.	1199

(J) There is hereby created in the state treasury the capitol	1200
square improvement fund, to be used by the board to pay	1201
construction, renovation, and other costs related to the capitol	1202
square for which money is not otherwise available to the board.	1203
Whenever the board determines that there is a need to incur those	1204
costs and that the unencumbered, unobligated balance to the credit	1205
of the underground parking garage operating fund exceeds the	1206
amount needed for the purposes specified in division (F) of this	1207
section and for the operation and maintenance of the garage, the	1208
board may request the director of budget and management to	1209
transfer from the underground parking garage operating fund to the	1210
capitol square improvement fund the amount needed to pay such	1211
construction, renovation, or other costs. The director then shall	1212
transfer the amount needed from the excess balance of the	1213
underground parking garage operating fund.	1214

(K) As the operation and maintenance of the capitol square	1215
constitute essential government functions of a public purpose, the	1216
board shall not be required to pay taxes or assessments upon the	1217
square, upon any property acquired or used by the board under this	1218
section, or upon any income generated by the operation of the	1219
square.	1220

(L) As used in this section, "capitol square" means the	1221
capitol building, senate building, capitol atrium, capitol	1222
grounds, and the state underground parking garage.	1223

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

1224

Sec. 108.05. (A) The lieutenant governor shall be a member	1225
of the governor's cabinet and shall preside at its meetings in the	1226
absence of the governor.	1227

(B) The governor may appoint the lieutenant governor as an	1228
administrative department head listed in section 121.03 of the	1229
Revised Code, ~~as director of the office of criminal justice~~	1230
~~services pursuant to section 181.52 of the Revised Code,~~ as the	1231
governor's representative on any board, agency, committee, or	1232
commission of which the governor is a member and has the authority	1233
to appoint a representative, or in an advisory capacity to any	1234
nonelective board, agency, committee, or commission in the	1235
executive department or may give the lieutenant governor any	1236
special assignment as the governor considers in the interest of	1237
the state.	1238

(C) When carrying out any of the functions described in	1239
division (B) of this section, the lieutenant governor shall be	1240
reimbursed from funds of the particular authority for necessary	1241
expenses incurred in the conduct of authority business.	1242

Sec. 109.54. (A) The bureau of criminal identification and	1243
investigation may investigate any criminal activity in this state	1244
that is of statewide or intercounty concern when requested by	1245
local authorities and may aid federal authorities, when requested,	1246
in their investigation of any criminal activity in this state. The	1247
bureau may investigate any criminal activity in this state related	1248
to the conduct of elections when requested by the secretary of	1249
state. The bureau may investigate any criminal activity in this	1250
state involving drug abuse or illegal drug distribution prohibited	1251
under Chapter 3719. or 4729. of the Revised Code. The	1252
superintendent and any agent of the bureau may participate, as the	1253
director of an organized crime task force established under	1254
section 177.02 of the Revised Code or as a member of the	1255
investigatory staff of a task force established under that	1256
section, in an investigation of organized criminal activity	1257
anywhere within this state under sections 177.01 to 177.03 of the	1258
Revised Code.	1259

(B) The bureau may provide any trained investigative	1260
personnel and specialized equipment that are requested by any	1261
sheriff or chief of police, by the authorized designee of any	1262
sheriff or chief of police, or by any other authorized law	1263
enforcement officer to aid and assist the officer in the	1264
investigation and solution of any crime or the control of any	1265
criminal activity occurring within the officer's jurisdiction.	1266
This assistance shall be furnished by the bureau without	1267
disturbing or impairing any of the existing law enforcement	1268
authority or the prerogatives of local law enforcement authorities	1269
or officers. Investigators provided pursuant to this section, or	1270
engaged in an investigation pursuant to section 109.83 of the	1271
Revised Code, may go armed in the same manner as sheriffs and	1272
regularly appointed police officers under section 2923.12 of the	1273
Revised Code.	1274

(C)(1) The bureau shall obtain recording equipment that can	1275
be used to record depositions of the type described in division	1276
(A) of section 2152.81 and division (A) of section 2945.481 of the	1277
Revised Code, or testimony of the type described in division (D)	1278
of section 2152.81 and division (D) of section 2945.481 or in	1279
division (C) of section 2937.11 of the Revised Code, shall obtain	1280
closed circuit equipment that can be used to televise testimony of	1281
the type described in division (C) of section 2152.81 and division	1282
(C) of section 2945.481 or in division (B) of section 2937.11 of	1283
the Revised Code, and shall provide the equipment, upon request,	1284
to any court for use in recording any deposition or testimony of	1285
one of those types or in televising the testimony in accordance	1286
with the applicable division.	1287

(2) The bureau shall obtain the names, addresses, and	1288
telephone numbers of persons who are experienced in questioning	1289
children in relation to an investigation of a violation of section	1290
2905.03, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	1291
2907.07, 2907.09, 2907.21, 2907.23, 2907.24, 2907.31, 2907.32,	1292
2907.321, 2907.322, 2907.323, or 2919.22 of the Revised Code or an	1293
offense of violence and shall maintain a list of those names,	1294
addresses, and telephone numbers. The list shall include a	1295
classification of the names, addresses, and telephone numbers by	1296
appellate district. Upon request, the bureau shall provide any	1297
county sheriff, chief of police, prosecuting attorney, village	1298
solicitor, city director of law, or similar chief legal officer	1299
with the name, address, and telephone number of any person	1300
contained in the list.	1301

Sec. 109.57. (A)(1) The superintendent of the bureau of	1302
criminal identification and investigation shall procure from	1303
wherever procurable and file for record photographs, pictures,	1304
descriptions, fingerprints, measurements, and other information	1305
that may be pertinent of all persons who have been convicted of	1306
committing within this state a felony, any crime constituting a	1307
misdemeanor on the first offense and a felony on subsequent	1308
offenses, or any misdemeanor described in division (A)(1)(a) of	1309
section 109.572 of the Revised Code, of all children under	1310
eighteen years of age who have been adjudicated delinquent	1311
children for committing within this state an act that would be a	1312
felony or an offense of violence if committed by an adult or who	1313
have been convicted of or pleaded guilty to committing within this	1314
state a felony or an offense of violence, and of all well-known	1315
and habitual criminals. The person in charge of any county,	1316
multicounty, municipal, municipal-county, or multicounty-municipal	1317
jail or workhouse, community-based correctional facility, halfway	1318
house, alternative residential facility, or state correctional	1319
institution and the person in charge of any state institution	1320
having custody of a person suspected of having committed a felony,	1321
any crime constituting a misdemeanor on the first offense and a	1322
felony on subsequent offenses, or any misdemeanor described in	1323
division (A)(1)(a) of section 109.572 of the Revised Code or	1324
having custody of a child under eighteen years of age with respect	1325
to whom there is probable cause to believe that the child may have	1326
committed an act that would be a felony or an offense of violence	1327
if committed by an adult shall furnish such material to the	1328
superintendent of the bureau. Fingerprints, photographs, or other	1329
descriptive information of a child who is under eighteen years of	1330
age, has not been arrested or otherwise taken into custody for	1331
committing an act that would be a felony or an offense of violence	1332
if committed by an adult, has not been adjudicated a delinquent	1333
child for committing an act that would be a felony or an offense	1334
of violence if committed by an adult, has not been convicted of or	1335
pleaded guilty to committing a felony or an offense of violence,	1336
and is not a child with respect to whom there is probable cause to	1337
believe that the child may have committed an act that would be a	1338
felony or an offense of violence if committed by an adult shall	1339
not be procured by the superintendent or furnished by any person	1340
in charge of any county, multicounty, municipal, municipal-county,	1341
or multicounty-municipal jail or workhouse, community-based	1342
correctional facility, halfway house, alternative residential	1343
facility, or state correctional institution, except as authorized	1344
in section 2151.313 of the Revised Code.	1345

(2) Every clerk of a court of record in this state, other	1346
than the supreme court or a court of appeals, shall send to the	1347
superintendent of the bureau a weekly report containing a summary	1348
of each case involving a felony, involving any crime constituting	1349
a misdemeanor on the first offense and a felony on subsequent	1350
offenses, involving a misdemeanor described in division (A)(1)(a)	1351
of section 109.572 of the Revised Code, or involving an	1352
adjudication in a case in which a child under eighteen years of	1353
age was alleged to be a delinquent child for committing an act	1354
that would be a felony or an offense of violence if committed by	1355
an adult. The clerk of the court of common pleas shall include in	1356
the report and summary the clerk sends under this division all	1357
information described in divisions (A)(2)(a) to (f) of this	1358
section regarding a case before the court of appeals that is	1359
served by that clerk. The summary shall be written on the standard	1360
forms furnished by the superintendent pursuant to division (B) of	1361
this section and shall include the following information:	1362

(a) The incident tracking number contained on the standard	1363
forms furnished by the superintendent pursuant to division (B) of	1364
this section;	1365

(b) The style and number of the case;

1366

1367

(d) The date that the person was convicted of or pleaded	1368
guilty to the offense, adjudicated a delinquent child for	1369
committing the act that would be a felony or an offense of	1370
violence if committed by an adult, found not guilty of the	1371
offense, or found not to be a delinquent child for committing an	1372
act that would be a felony or an offense of violence if committed	1373
by an adult, the date of an entry dismissing the charge, an entry	1374
declaring a mistrial of the offense in which the person is	1375
discharged, an entry finding that the person or child is not	1376
competent to stand trial, or an entry of a nolle prosequi, or the	1377
date of any other determination that constitutes final resolution	1378
of the case;	1379

(e) A statement of the original charge with the section of	1380
the Revised Code that was alleged to be violated;	1381

(f) If the person or child was convicted, pleaded guilty, or	1382
was adjudicated a delinquent child, the sentence or terms of	1383
probation imposed or any other disposition of the offender or the	1384
delinquent child.	1385

If the offense involved the disarming of a law enforcement	1386
officer or an attempt to disarm a law enforcement officer, the	1387
clerk shall clearly state that fact in the summary, and the	1388
superintendent shall ensure that a clear statement of that fact is	1389
placed in the bureau's records.	1390

(3) The superintendent shall cooperate with and assist	1391
sheriffs, chiefs of police, and other law enforcement officers in	1392
the establishment of a complete system of criminal identification	1393
and in obtaining fingerprints and other means of identification of	1394
all persons arrested on a charge of a felony, any crime	1395
constituting a misdemeanor on the first offense and a felony on	1396
subsequent offenses, or a misdemeanor described in division	1397
(A)(1)(a) of section 109.572 of the Revised Code and of all	1398
children under eighteen years of age arrested or otherwise taken	1399
into custody for committing an act that would be a felony or an	1400
offense of violence if committed by an adult. The superintendent	1401
also shall file for record the fingerprint impressions of all	1402
persons confined in a county, multicounty, municipal,	1403
municipal-county, or multicounty-municipal jail or workhouse,	1404
community-based correctional facility, halfway house, alternative	1405
residential facility, or state correctional institution for the	1406
violation of state laws and of all children under eighteen years	1407
of age who are confined in a county, multicounty, municipal,	1408
municipal-county, or multicounty-municipal jail or workhouse,	1409
community-based correctional facility, halfway house, alternative	1410
residential facility, or state correctional institution or in any	1411
facility for delinquent children for committing an act that would	1412
be a felony or an offense of violence if committed by an adult,	1413
and any other information that the superintendent may receive from	1414
law enforcement officials of the state and its political	1415
subdivisions.	1416

(4) The superintendent shall carry out Chapter 2950. of the	1417
Revised Code with respect to the registration of persons who are	1418
convicted of or plead guilty to either a sexually oriented offense	1419
that is not a registration-exempt sexually oriented offense or a	1420
child-victim oriented offense and with respect to all other duties	1421
imposed on the bureau under that chapter.	1422

(5) The bureau shall perform centralized recordkeeping	1423
functions for criminal history records and services in this state	1424
for purposes of the national crime prevention and privacy compact	1425
set forth in section 109.571 of the Revised Code and is the	1426
criminal history record repository as defined in that section for	1427
purposes of that compact. The superintendent or the	1428
superintendent's designee is the compact officer for purposes of	1429
that compact and shall carry out the responsibilities of the	1430
compact officer specified in that compact.	1431

(B) The superintendent shall prepare and furnish to every	1432
county, multicounty, municipal, municipal-county, or	1433
multicounty-municipal jail or workhouse, community-based	1434
correctional facility, halfway house, alternative residential	1435
facility, or state correctional institution and to every clerk of	1436
a court in this state specified in division (A)(2) of this section	1437
standard forms for reporting the information required under	1438
division (A) of this section. The standard forms that the	1439
superintendent prepares pursuant to this division may be in a	1440
tangible format, in an electronic format, or in both tangible	1441
formats and electronic formats.	1442

(C) The superintendent may operate a center for electronic,	1443
automated, or other data processing for the storage and retrieval	1444
of information, data, and statistics pertaining to criminals and	1445
to children under eighteen years of age who are adjudicated	1446
delinquent children for committing an act that would be a felony	1447
or an offense of violence if committed by an adult, criminal	1448
activity, crime prevention, law enforcement, and criminal justice,	1449
and may establish and operate a statewide communications network	1450
to gather and disseminate information, data, and statistics for	1451
the use of law enforcement agencies. The superintendent may	1452
gather, store, retrieve, and disseminate information, data, and	1453
statistics that pertain to children who are under eighteen years	1454
of age and that are gathered pursuant to sections 109.57 to 109.61	1455
of the Revised Code together with information, data, and	1456
statistics that pertain to adults and that are gathered pursuant	1457
to those sections. In addition to any other authorized use of	1458
information, data, and statistics of that nature, the	1459
superintendent or the superintendent's designee may provide and	1460
exchange the information, data, and statistics pursuant to the	1461
national crime prevention and privacy compact as described in	1462
division (A)(5) of this section.	1463

(D) The information and materials furnished to the	1464
superintendent pursuant to division (A) of this section and	1465
information and materials furnished to any board or person under	1466
division (F) or (G) of this section are not public records under	1467
section 149.43 of the Revised Code.	1468

(E) The attorney general shall adopt rules, in accordance	1469
with Chapter 119. of the Revised Code, setting forth the procedure	1470
by which a person may receive or release information gathered by	1471
the superintendent pursuant to division (A) of this section. A	1472
reasonable fee may be charged for this service. If a temporary	1473
employment service submits a request for a determination of	1474
whether a person the service plans to refer to an employment	1475
position has been convicted of or pleaded guilty to an offense	1476
listed in division (A)(1), (3), (4), (5), or (6) of section	1477
109.572 of the Revised Code, the request shall be treated as a	1478
single request and only one fee shall be charged.	1479

(F)(1) As used in division (F)(2) of this section, "head	1480
start agency" means an entity in this state that has been approved	1481
to be an agency for purposes of subchapter II of the "Community	1482
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1483
as amended.	1484

(2)(a) In addition to or in conjunction with any request that	1485
is required to be made under section 109.572, 2151.86, 3301.32,	1486
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	1487
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	1488
education of any school district; the director of mental	1489
retardation and developmental disabilities; any county board of	1490
mental retardation and developmental disabilities; any entity	1491
under contract with a county board of mental retardation and	1492
developmental disabilities; the chief administrator of any	1493
chartered nonpublic school; the chief administrator of any home	1494
health agency; the chief administrator of or person operating any	1495
child day-care center, type A family day-care home, or type B	1496
family day-care home licensed or certified under Chapter 5104. of	1497
the Revised Code; the administrator of any type C family day-care	1498
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1499
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1500
general assembly; the chief administrator of any head start	1501
agency; or the executive director of a public children services	1502
agency may request that the superintendent of the bureau	1503
investigate and determine, with respect to any individual who has	1504
applied for employment in any position after October 2, 1989, or	1505
any individual wishing to apply for employment with a board of	1506
education may request, with regard to the individual, whether the	1507
bureau has any information gathered under division (A) of this	1508
section that pertains to that individual. On receipt of the	1509
request, the superintendent shall determine whether that	1510
information exists and, upon request of the person, board, or	1511
entity requesting information, also shall request from the federal	1512
bureau of investigation any criminal records it has pertaining to	1513
that individual. The superintendent or the superintendent's	1514
designee also may request criminal history records from other	1515
states or the federal government pursuant to the national crime	1516
prevention and privacy compact set forth in section 109.571 of the	1517
Revised Code. Within thirty days of the date that the	1518
superintendent receives a request, the superintendent shall send	1519
to the board, entity, or person a report of any information that	1520
the superintendent determines exists, including information	1521
contained in records that have been sealed under section 2953.32	1522
of the Revised Code, and, within thirty days of its receipt, shall	1523
send the board, entity, or person a report of any information	1524
received from the federal bureau of investigation, other than	1525
information the dissemination of which is prohibited by federal	1526
law.	1527

(b) When a board of education is required to receive	1528
information under this section as a prerequisite to employment of	1529
an individual pursuant to section 3319.39 of the Revised Code, it	1530
may accept a certified copy of records that were issued by the	1531
bureau of criminal identification and investigation and that are	1532
presented by an individual applying for employment with the	1533
district in lieu of requesting that information itself. In such a	1534
case, the board shall accept the certified copy issued by the	1535
bureau in order to make a photocopy of it for that individual's	1536
employment application documents and shall return the certified	1537
copy to the individual. In a case of that nature, a district only	1538
shall accept a certified copy of records of that nature within one	1539
year after the date of their issuance by the bureau.	1540

(3) The state board of education may request, with respect to	1541
any individual who has applied for employment after October 2,	1542
1989, in any position with the state board or the department of	1543
education, any information that a school district board of	1544
education is authorized to request under division (F)(2) of this	1545
section, and the superintendent of the bureau shall proceed as if	1546
the request has been received from a school district board of	1547
education under division (F)(2) of this section.	1548

(4) When the superintendent of the bureau receives a request	1549
for information under section 3319.291 of the Revised Code, the	1550
superintendent shall proceed as if the request has been received	1551
from a school district board of education under division (F)(2) of	1552
this section.	1553

(5) When a recipient of ~~an OhioReads~~a classroom ~~or community~~	1554
reading improvement grant paid under section 3301.86 ~~or 3301.87~~ of	1555
the Revised Code ~~or an entity approved by the OhioReads council~~	1556
requests, with respect to any individual who applies to	1557
participate in providing any program or service ~~through an entity~~	1558
~~approved by the OhioReads council or~~ funded in whole or in part by	1559
the grant, the information that a school district board of	1560
education is authorized to request under division (F)(2)(a) of	1561
this section, the superintendent of the bureau shall proceed as if	1562
the request has been received from a school district board of	1563
education under division (F)(2)(a) of this section.	1564

(G) In addition to or in conjunction with any request that is	1565
required to be made under section 173.41, 3701.881, 3712.09,	1566
3721.121, or 3722.151 of the Revised Code with respect to an	1567
individual who has applied for employment in a position that	1568
involves providing direct care to an older adult, the chief	1569
administrator of a PASSPORT agency that provides services through	1570
the PASSPORT program created under section 173.40 of the Revised	1571
Code, home health agency, hospice care program, home licensed	1572
under Chapter 3721. of the Revised Code, adult day-care program	1573
operated pursuant to rules adopted under section 3721.04 of the	1574
Revised Code, or adult care facility may request that the	1575
superintendent of the bureau investigate and determine, with	1576
respect to any individual who has applied after January 27, 1997,	1577
for employment in a position that does not involve providing	1578
direct care to an older adult, whether the bureau has any	1579
information gathered under division (A) of this section that	1580
pertains to that individual. On receipt of the request, the	1581
superintendent shall determine whether that information exists	1582
and, on request of the administrator requesting information, shall	1583
also request from the federal bureau of investigation any criminal	1584
records it has pertaining to that individual. The superintendent	1585
or the superintendent's designee also may request criminal history	1586
records from other states or the federal government pursuant to	1587
the national crime prevention and privacy compact set forth in	1588
section 109.571 of the Revised Code. Within thirty days of the	1589
date a request is received, the superintendent shall send to the	1590
administrator a report of any information determined to exist,	1591
including information contained in records that have been sealed	1592
under section 2953.32 of the Revised Code, and, within thirty days	1593
of its receipt, shall send the administrator a report of any	1594
information received from the federal bureau of investigation,	1595
other than information the dissemination of which is prohibited by	1596
federal law.	1597

(H) Information obtained by a board, administrator, or other	1598
person under this section is confidential and shall not be	1599
released or disseminated.	1600

(I) The superintendent may charge a reasonable fee for	1601
providing information or criminal records under division (F)(2) or	1602
(G) of this section.	1603

Sec. 109.60. (A)(1) The sheriffs of the several counties and	1604
the chiefs of police of cities, immediately upon the arrest of any	1605
person for any felony, on suspicion of any felony, for a crime	1606
constituting a misdemeanor on the first offense and a felony on	1607
subsequent offenses, or for any misdemeanor described in division	1608
(A)(1)(a) of section 109.572 of the Revised Code, and immediately	1609
upon the arrest or taking into custody of any child under eighteen	1610
years of age for committing an act that would be a felony or an	1611
offense of violence if committed by an adult or upon probable	1612
cause to believe that a child of that age may have committed an	1613
act that would be a felony or an offense of violence if committed	1614
by an adult, shall take the person's or child's fingerprints, or	1615
cause the same to be taken, according to the fingerprint system of	1616
identification on the forms furnished by the superintendent of the	1617
bureau of criminal identification and investigation, and	1618
immediately shall forward copies of the completed forms, any other	1619
description that may be required, and the history of the offense	1620
committed to the bureau to be classified and filed and to the	1621
clerk of the court having jurisdiction over the prosecution of the	1622
offense or over the adjudication relative to the act.	1623

(2) If a sheriff or chief of police has not taken, or caused	1624
to be taken, a person's or child's fingerprints in accordance with	1625
division (A)(1) of this section by the time of the arraignment or	1626
first appearance of the person or child, the court shall order the	1627
person or child to appear before the sheriff or chief of police	1628
within twenty-four hours to have the person's or child's	1629
fingerprints taken. The sheriff or chief of police shall take the	1630
person's or child's fingerprints, or cause the fingerprints to be	1631
taken, according to the fingerprint system of identification on	1632
the forms furnished by the superintendent of the bureau of	1633
criminal identification and investigation and, immediately after	1634
the person's or child's arraignment or first appearance, forward	1635
copies of the completed forms, any other description that may be	1636
required, and the history of the offense committed to the bureau	1637
to be classified and filed and to the clerk of the court.	1638

(3) Every court with jurisdiction over a case involving a	1639
person or child with respect to whom division (A)(1) of this	1640
section requires a sheriff or chief of police to take the person's	1641
or child's fingerprints shall inquire at the time of the person's	1642
or child's sentencing or adjudication whether or not the person or	1643
child has been fingerprinted pursuant to division (A)(1) or (2) of	1644
this section for the original arrest upon which the sentence or	1645
adjudication is based. If the person or child was not	1646
fingerprinted for the original arrest upon which the sentence or	1647
adjudication is based, the court shall order the person or child	1648
to appear before the sheriff or chief of police within twenty-four	1649
hours to have the person's or child's fingerprints taken. The	1650
sheriff or chief of police shall take the person's or child's	1651
fingerprints, or cause the fingerprints to be taken, according to	1652
the fingerprint system of identification on the forms furnished by	1653
the superintendent of the bureau of criminal identification and	1654
investigation and immediately forward copies of the completed	1655
forms, any other description that may be required, and the history	1656
of the offense committed to the bureau to be classified and filed	1657
and to the clerk of the court.	1658

(4) If a person or child is in the custody of a law	1659
enforcement agency or a detention facility, as defined in section	1660
2921.01 of the Revised Code, and the chief law enforcement officer	1661
or chief administrative officer of the detention facility	1662
discovers that a warrant has been issued or a bill of information	1663
has been filed alleging the person or child to have committed an	1664
offense or act other than the offense or act for which the person	1665
or child is in custody, and the other alleged offense or act is	1666
one for which fingerprints are to be taken pursuant to division	1667
(A)(1) of this section, the law enforcement agency or detention	1668
facility shall take the fingerprints of the person or child, or	1669
cause the fingerprints to be taken, according to the fingerprint	1670
system of identification on the forms furnished by the	1671
superintendent of the bureau of criminal identification and	1672
investigation and immediately forward copies of the completed	1673
forms, any other description that may be required, and the history	1674
of the offense committed to the bureau to be classified and filed	1675
and to the clerk of the court that issued the warrant or with	1676
which the bill of information was filed.	1677

(5) If an accused is found not guilty of the offense charged	1678
or a nolle prosequi is entered in any case, or if any accused	1679
child under eighteen years of age is found not to be a delinquent	1680
child for committing an act that would be a felony or an offense	1681
of violence if committed by an adult or not guilty of the felony	1682
or offense of violence charged or a nolle prosequi is entered in	1683
that case, the fingerprints and description shall be given to the	1684
accused upon the accused's request.	1685

(6) The superintendent shall compare the description received	1686
with those already on file in the bureau, and, if the	1687
superintendent finds that the person arrested or taken into	1688
custody has a criminal record or a record as a delinquent child	1689
for having committed an act that would be a felony or an offense	1690
of violence if committed by an adult or is a fugitive from justice	1691
or wanted by any jurisdiction in this or another state, the United	1692
States, or a foreign country for any offense, the superintendent	1693
at once shall inform the arresting officer, the officer taking the	1694
person into custody, or the chief administrative officer of the	1695
county, multicounty, municipal, municipal-county, or	1696
multicounty-municipal jail or workhouse, community-based	1697
correctional facility, halfway house, alternative residential	1698
facility, or state correctional institution in which the person or	1699
child is in custody of that fact and give appropriate notice to	1700
the proper authorities in the jurisdiction in which the person is	1701
wanted, or, if that jurisdiction is a foreign country, give	1702
appropriate notice to federal authorities for transmission to the	1703
foreign country. The names, under which each person whose	1704
identification is filed is known, shall be alphabetically indexed	1705
by the superintendent.	1706

(B) ~~This~~Division (A) of this section does not apply to a	1707
violator of a city ordinance unless the officers have reason to	1708
believe that the violator is a past offender or the crime is one	1709
constituting a misdemeanor on the first offense and a felony on	1710
subsequent offenses, or unless it is advisable for the purpose of	1711
subsequent identification. This section does not apply to any	1712
child under eighteen years of age who was not arrested or	1713
otherwise taken into custody for committing an act that would be a	1714
felony or an offense of violence if committed by an adult or upon	1715
probable cause to believe that a child of that age may have	1716
committed an act that would be a felony or an offense of violence	1717
if committed by an adult, except as provided in section 2151.313	1718
of the Revised Code.	1719

(C)(1) For purposes of division (C) of this section, a law	1720
enforcement agency shall be considered to have arrested a person	1721
if any law enforcement officer who is employed by, appointed by,	1722
or serves that agency arrests the person. As used in division (C)	1723
of this section:	1724

(a) "Illegal methamphetamine manufacturing laboratory" has	1725
the same meaning as in section 3745.13 of the Revised Code.	1726

(b) "Methamphetamine or a methamphetamine product" means	1727
methamphetamine, any salt, isomer, or salt of an isomer of	1728
methamphetamine, or any compound, mixture, preparation, or	1729
substance containing methamphetamine or any salt, isomer, or salt	1730
of an isomer of methamphetamine.	1731

(2) Each law enforcement agency that, in any calendar year,	1732
arrests any person for a violation of section 2925.04 of the	1733
Revised Code that is based on the manufacture of methamphetamine	1734
or a methamphetamine product, a violation of section 2925.041 of	1735
the Revised Code that is based on the possession of chemicals	1736
sufficient to produce methamphetamine or a methamphetamine	1737
product, or a violation of any other provision of Chapter 2925. or	1738
3719. of the Revised Code that is based on the possession of	1739
chemicals sufficient to produce methamphetamine or a	1740
methamphetamine product shall prepare an annual report covering	1741
the calendar year that contains the information specified in	1742
division (C)(3) of this section relative to all arrests for	1743
violations of those sections committed under those circumstances	1744
during that calendar year and shall send the annual report, not	1745
later than the first day of March in the calendar year following	1746
the calendar year covered by the report, to the bureau of criminal	1747
identification and investigation.	1748

The law enforcement agency shall write any annual report	1749
prepared and filed under this division on the standard forms	1750
furnished by the superintendent of the bureau of criminal	1751
identification and investigation pursuant to division (C)(4) of	1752
this section. The annual report shall be a statistical report, and	1753
nothing in the report or in the information it contains shall	1754
identify, or enable the identification of, any person who was	1755
arrested and whose arrest is included in the information contained	1756
in the report. The annual report in the possession of the bureau	1757
and the information it contains are public records for the purpose	1758
of section 149.43 of the Revised Code.	1759

(3) The annual report prepared and filed by a law enforcement	1760
agency under division (C)(2) of this section shall contain all of	1761
the following information for the calendar year covered by the	1762
report:	1763

(a) The total number of arrests made by the agency in that	1764
calendar year for a violation of section 2925.04 of the Revised	1765
Code that is based on the manufacture of methamphetamine or a	1766
methamphetamine product, a violation of section 2925.041 of the	1767
Revised Code that is based on the possession of chemicals	1768
sufficient to produce methamphetamine or a methamphetamine	1769
product, or a violation of any other provision of Chapter 2925. or	1770
3719. of the Revised Code that is based on the possession of	1771
chemicals sufficient to produce methamphetamine or a	1772
methamphetamine product;	1773

(b) The total number of illegal methamphetamine manufacturing	1774
laboratories at which one or more of the arrests reported under	1775
division (C)(3)(a) of this section occurred, or that were	1776
discovered in that calendar year within the territory served by	1777
the agency but at which none of the arrests reported under	1778
division (C)(3)(a) of this section occurred.	1779

(4) The superintendent of the bureau of criminal	1780
identification and investigation shall prepare and furnish to each	1781
law enforcement agency in this state standard forms for making the	1782
annual reports required by division (C)(2) of this section. The	1783
standard forms that the superintendent prepares pursuant to this	1784
division may be in a tangible format, in an electronic format, or	1785
in both a tangible format and an electronic format.	1786

(5) The annual report required by division (C)(2) of this	1787
section is separate from, and in addition to, any report,	1788
materials, or information required under division (A) of this	1789
section or under any other provision of sections 109.57 to 109.62	1790
of the Revised Code.	1791

Sec. 109.79. (A) The Ohio peace officer training commission	1792
shall establish and conduct a training school for law enforcement	1793
officers of any political subdivision of the state or of the state	1794
public defender's office. The school shall be known as the Ohio	1795
peace officer training academy. No bailiff or deputy bailiff of a	1796
court of record of this state and no criminal investigator	1797
employed by the state public defender shall be permitted to attend	1798
the academy for training unless the employing court of the bailiff	1799
or deputy bailiff or the state public defender, whichever is	1800
applicable, has authorized the bailiff, deputy bailiff, or	1801
investigator to attend the academy.	1802

The Ohio peace officer training commission shall develop the	1803
training program, which shall include courses in both the civil	1804
and criminal functions of law enforcement officers, a course in	1805
crisis intervention with six or more hours of training, and	1806
training in the handling of missing children and child abuse and	1807
neglect cases, and shall establish rules governing qualifications	1808
for admission to the academy. The commission may require	1809
competitive examinations to determine fitness of prospective	1810
trainees, so long as the examinations or other criteria for	1811
admission to the academy are consistent with the provisions of	1812
Chapter 124. of the Revised Code.	1813

The Ohio peace officer training commission shall determine	1814
tuition costs which shall be sufficient in the aggregate to pay	1815
the costs of operating the academy. The costs of acquiring and	1816
equipping the academy shall be paid from appropriations made by	1817
the general assembly to the Ohio peace officer training commission	1818
for that purpose, or from gifts or grants received for that	1819
purpose, or from fees for goods related to the academy.	1820

The law enforcement officers, during the period of their	1821
training, shall receive compensation as determined by the	1822
political subdivision that sponsors them or, if the officer is a	1823
criminal investigator employed by the state public defender, as	1824
determined by the state public defender. The political subdivision	1825
may pay the tuition costs of the law enforcement officers they	1826
sponsor and the state public defender may pay the tuition costs of	1827
criminal investigators of that office who attend the academy.	1828

If trainee vacancies exist, the academy may train and issue	1829
certificates of satisfactory completion to peace officers who are	1830
employed by a campus police department pursuant to section 1713.50	1831
of the Revised Code, by a qualified nonprofit corporation police	1832
department pursuant to section 1702.80 of the Revised Code, or by	1833
a railroad company or who are hospital police officers appointed	1834
and commissioned by the governor pursuant to sections 4973.17 to	1835
4973.22 of the Revised Code, provided that no such officer shall	1836
be trained at the academy unless the officer meets the	1837
qualifications established for admission to the academy and the	1838
qualified nonprofit corporation police department, railroad	1839
company, or hospital or the private college or university that	1840
established the campus police department prepays the entire cost	1841
of the training. A qualified nonprofit corporation police	1842
department, railroad company, or hospital or a private college or	1843
university that has established a campus police department is not	1844
entitled to reimbursement from the state for any amount paid for	1845
the cost of training the railroad company's peace officers or the	1846
peace officers of the qualified nonprofit corporation police	1847
department, campus police department, or hospital.	1848

The academy shall permit investigators employed by the state	1849
medical board to take selected courses that the board determines	1850
are consistent with its responsibilities for initial and	1851
continuing training of investigators as required under sections	1852
4730.26 and 4731.05 of the Revised Code. The board shall pay the	1853
entire cost of training that investigators receive at the academy.	1854

(B) As used in this section:

1855

(1) "Law enforcement officers" include any undercover drug	1856
agent, any bailiff or deputy bailiff of a court of record, and any	1857
criminal investigator who is employed by the state public	1858
defender.	1859

(2) "Undercover drug agent" means any person who:

1860

(a) Is employed by a county, township, or municipal	1861
corporation for the purposes set forth in division (B)(2)(b) of	1862
this section but who is not an employee of a county sheriff's	1863
department, of a township constable, or of the police department	1864
of a municipal corporation or township;	1865

(b) In the course of the person's employment by a county,	1866
township, or municipal corporation, investigates and gathers	1867
information pertaining to persons who are suspected of violating	1868
Chapter 2925. or 3719. of the Revised Code, and generally does not	1869
wear a uniform in the performance of the person's duties.	1870

(3) "Crisis intervention training" has the same meaning as in	1871
section 109.71 of the Revised Code.	1872

(4) "Missing children" has the same meaning as in section	1873
2901.30 of the Revised Code.	1874

Sec. 109.91. (A) There is hereby established within the	1875
office of the attorney general the crime victims assistance	1876
office.	1877

(B) There is hereby established the state victims assistance	1878
advisory committee. The committee shall consist of a chairperson,	1879
to be appointed by the attorney general, ~~four~~three ex officio	1880
members, and fifteen members to be appointed by the attorney	1881
general as follows: one member who represents the Ohio	1882
victim-witness association; three members who represent local	1883
victim assistance programs, including one from a municipally	1884
operated program and one from a county-operated program; one	1885
member who represents the interests of elderly victims; one member	1886
who is a board member of any statewide or local organization that	1887
exists primarily to aid victims of domestic violence, or who is an	1888
employee of, or counselor for, such an organization; one member	1889
who is an employee or officer of a county probation department or	1890
a probation department operated by the department of	1891
rehabilitation and correction; one member who is a county	1892
prosecuting attorney; one member who is a city law director; one	1893
member who is a county sheriff; one member who is a member or	1894
officer of a township or municipal police department; one member	1895
who is a court of common pleas judge; one member who is a	1896
municipal court judge or county court judge; and two members who	1897
are private citizens and are not government employees.	1898

The committee shall include the following ex officio,	1899
nonvoting members: ~~the chief justice of the supreme court,~~ the	1900
attorney general, one member of the senate to be designated by the	1901
president of the senate, and one member of the house of	1902
representatives to be designated by the speaker of the house.	1903

Members of the committee shall serve without compensation,	1904
but shall be reimbursed for travel and other necessary expenses	1905
that are incurred in the conduct of their official duties as	1906
members of the committee. The chairperson and members of the	1907
committee appointed by the attorney general shall serve at the	1908
pleasure of the attorney general. The ~~chief justice of the supreme~~	1909
~~court and the~~ attorney general shall serve on the committee until	1910
the end of the term of office that qualified ~~them~~the attorney	1911
general for membership on the committee. The member of the senate	1912
and the member of the house of representatives shall serve at the	1913
pleasure of the president of the senate and the speaker of the	1914
house of representatives, respectively.	1915

(C) The victims assistance advisory committee shall perform	1916
both of the following duties:	1917

(1) Advise the crime victims assistance office in determining	1918
crime and delinquency victim service needs, determining crime and	1919
delinquency victim policies for the state, and improving and	1920
exercising leadership in the quality of crime and delinquency	1921
victim programs in the state;	1922

(2) Review and recommend to the crime victims assistance	1923
office the victim assistance programs that should be considered	1924
for the receipt of state financial assistance pursuant to section	1925
109.92 of the Revised Code. The financial assistance allocation	1926
recommendations of the committee shall be based on the following	1927
priorities:	1928

(a) Programs in existence on July 1, 1985, shall be given	1929
first priority;	1930

(b) Programs offering or proposing to offer the broadest	1931
range of services and referrals to the community served, including	1932
medical, psychological, financial, educational, vocational, and	1933
legal services that were not in existence on July 1, 1985, shall	1934
be given second priority;	1935

1936

(D) As used in this section and section 109.92 of the Revised	1937
Code, "victim assistance program" includes, but is not limited to	1938
a program that provides at least one of the following:	1939

(1) Services to victims of any offense of violence or	1940
delinquent act that would be an offense of violence if committed	1941
by an adult;	1942

(2) Financial assistance or property repair services to	1943
victims of crime or delinquent acts;	1944

(3) Assistance to victims of crime or delinquent acts in	1945
judicial proceedings;	1946

(4) Assistance to victims of crime or delinquent acts under	1947
the operation of any political subdivision of the state or a	1948
branch of the criminal justice system set forth in division	1949
(B)(1)(a), ~~(2)~~(b), or ~~(3)~~(c) of section ~~181.51~~5502.61 of the	1950
Revised Code;	1951

(5) Technical assistance to persons or organizations that	1952
provide services to victims of crime or delinquent acts under the	1953
operation of a branch of the criminal justice system set forth in	1954
~~divisions~~division (B)(1)(a), ~~(2)~~(b), ~~and (3)~~or (c) of section	1955
~~181.51~~5502.61 of the Revised Code.	1956

A victim assistance program does not include the program for	1957
the reparation of crime victims established pursuant to Chapter	1958
2743. of the Revised Code.	1959

Sec. 117.10. The auditor of state shall audit all public	1960
offices as provided in this chapter. The auditor of state also may	1961
audit the accounts of private institutions, associations, boards,	1962
and corporations receiving public money for their use and may	1963
require of them annual reports in such form as the auditor of	1964
state prescribes.	1965

If the auditor of state performs or contracts for the	1966
performance of an audit, including a special audit, of the public	1967
employees retirement system, school employees retirement system,	1968
state teachers retirement system, state highway patrol retirement	1969
system, or Ohio police and fire pension fund, the auditor of state	1970
shall make a timely report of the results of the audit to the Ohio	1971
retirement study council.	1972

The auditor of state may audit the accounts of any provider	1973
as defined in section 5111.06 of the Revised Code~~, if requested by~~	1974
~~the department of job and family services~~.	1975

If a public office has been audited by an agency of the	1976
United States government, the auditor of state may, if satisfied	1977
that the federal audit has been conducted according to principles	1978
and procedures not contrary to those of the auditor of state, use	1979
and adopt the federal audit and report in lieu of an audit by the	1980
auditor of state's own office.	1981

Within thirty days after the creation or dissolution or the	1982
winding up of the affairs of any public office, that public office	1983
shall notify the auditor of state in writing that this action has	1984
occurred.	1985

Sec. 120.06. (A)(1) The state public defender, when	1986
designated by the court or requested by a county public defender	1987
or joint county public defender, may provide legal representation	1988
in all courts throughout the state to indigent adults and	1989
juveniles who are charged with the commission of an offense or act	1990
for which the penalty or any possible adjudication includes the	1991
potential loss of liberty.	1992

(2) The state public defender may provide legal	1993
representation to any indigent person who, while incarcerated in	1994
any state correctional institution, is charged with a felony	1995
offense, for which the penalty or any possible adjudication that	1996
may be imposed by a court upon conviction includes the potential	1997
loss of liberty.	1998

(3) The state public defender may provide legal	1999
representation to any person incarcerated in any correctional	2000
institution of the state, in any matter in which the person	2001
asserts the person is unlawfully imprisoned or detained.	2002

(4) The state public defender, in any case in which the state	2003
public defender has provided legal representation or is requested	2004
to do so by a county public defender or joint county public	2005
defender, may provide legal representation on appeal.	2006

(5) The state public defender, when designated by the court	2007
or requested by a county public defender, joint county public	2008
defender, or the director of rehabilitation and correction, shall	2009
provide legal representation in parole and probation revocation	2010
matters or matters relating to the revocation of community control	2011
or post-release control under a community control sanction or	2012
post-release control sanction, unless the state public defender	2013
finds that the alleged parole or probation violator or alleged	2014
violator of a community control sanction or post-release control	2015
sanction has the financial capacity to retain the alleged	2016
violator's own counsel.	2017

(6) If the state public defender contracts with a county	2018
public defender commission, a joint county public defender	2019
commission, or a board of county commissioners for the provision	2020
of services, under authority of division (C)(7) of section 120.04	2021
of the Revised Code, the state public defender shall provide legal	2022
representation in accordance with the contract.	2023

(B) The state public defender shall not be required to	2024
prosecute any appeal, postconviction remedy, or other proceeding	2025
pursuant to division (A)(3), (4), or (5) of this section, unless	2026
the state public defender first is satisfied that there is	2027
arguable merit to the proceeding.	2028

(C) A court may appoint counsel or allow an indigent person	2029
to select the indigent's own personal counsel to assist the state	2030
public defender as co-counsel when the interests of justice so	2031
require. When co-counsel is appointed to assist the state public	2032
defender, the co-counsel shall receive any compensation that the	2033
court may approve, not to exceed the amounts provided for in	2034
section 2941.51 of the Revised Code.	2035

(D)(1) When the state public defender is designated by the	2036
court or requested by a county public defender or joint county	2037
public defender to provide legal representation for an indigent	2038
person in any case, other than pursuant to a contract entered into	2039
under authority of division (C)(7) of section 120.04 of the	2040
Revised Code, the state public defender shall send to the county	2041
in which the case is filed ~~an itemized~~a bill ~~for fifty per cent~~	2042
ofdetailing the actual cost of the representation that separately	2043
itemizes legal fees and expenses. The county, upon receipt of an	2044
itemized bill from the state public defender pursuant to this	2045
division, shall ~~pay fifty per cent of the actual cost of the legal~~	2046
~~representation as set forth in the itemized bill.~~pay the state	2047
public defender each of the following amounts:	2048

(a) For the amount identified as legal fees in the itemized	2049
bill, one hundred per cent of the amount identified as legal fees	2050
less the state reimbursement rate as calculated by the state	2051
public defender pursuant to section 120.34 of the Revised Code for	2052
the month the case terminated, as set forth in the itemized bill;	2053

(b) For the amount identified as expenses in the itemized	2054
bill, one hundred per cent.	2055

(2) Upon payment of the itemized bill under division (D)(1)	2056
of this section, the county may submit the cost of the expenses,	2057
excluding legal fees, to the state public defender for	2058
reimbursement pursuant to section 120.33 of the Revised Code.	2059

(3) When the state public defender provides investigation or	2060
mitigation services to private appointed counsel or to a county or	2061
joint county public defender as approved by the appointing court,	2062
other than pursuant to a contract entered into under authority of	2063
division (C)(7) of section 120.04 of the Revised Code, the state	2064
public defender shall send to the county in which the case is	2065
filed a bill itemizing the actual cost of the services provided.	2066
The county, upon receipt of an itemized bill from the state public	2067
defender pursuant to this division, shall pay one hundred per cent	2068
of the amount as set forth in the itemized bill. Upon payment of	2069
the itemized bill received pursuant to this division, the county	2070
may submit the cost of the investigation and mitigation services	2071
to the state public defender for reimbursement pursuant to section	2072
120.33 of the Revised Code.	2073

(4) There is hereby created in the state treasury the county	2074
representation fund for the deposit of moneys received from	2075
counties under this division. All moneys credited to the fund	2076
shall be used by the state public defender to provide legal	2077
representation for indigent persons when designated by the court	2078
or requested by a county or joint county public defender or to	2079
provide investigation or mitigation services, including	2080
investigation or mitigation services to private appointed counsel	2081
or a county or joint county public defender, as approved by the	2082
court.	2083

(E)(1) Notwithstanding any contrary provision of sections	2084
109.02, 109.07, 109.361 to 109.366, and 120.03 of the Revised Code	2085
that pertains to representation by the attorney general, an	2086
assistant attorney general, or special counsel of an officer or	2087
employee, as defined in section 109.36 of the Revised Code, or of	2088
an entity of state government, the state public defender may elect	2089
to contract with, and to have the state pay pursuant to division	2090
(E)(2) of this section for the services of, private legal counsel	2091
to represent the Ohio public defender commission, the state public	2092
defender, assistant state public defenders, other employees of the	2093
commission or the state public defender, and attorneys described	2094
in division (C) of section 120.41 of the Revised Code in a	2095
malpractice or other civil action or proceeding that arises from	2096
alleged actions or omissions related to responsibilities derived	2097
pursuant to this chapter, or in a civil action that is based upon	2098
alleged violations of the constitution or statutes of the United	2099
States, including section 1983 of Title 42 of the United States	2100
Code, 93 Stat. 1284 (1979), 42 U.S.C.A. 1983, as amended, and that	2101
arises from alleged actions or omissions related to	2102
responsibilities derived pursuant to this chapter, if the state	2103
public defender determines, in good faith, that the defendant in	2104
the civil action or proceeding did not act manifestly outside the	2105
scope of the defendant's employment or official responsibilities,	2106
with malicious purpose, in bad faith, or in a wanton or reckless	2107
manner. If the state public defender elects not to contract	2108
pursuant to this division for private legal counsel in a civil	2109
action or proceeding, then, in accordance with sections 109.02,	2110
109.07, 109.361 to 109.366, and 120.03 of the Revised Code, the	2111
attorney general shall represent or provide for the representation	2112
of the Ohio public defender commission, the state public defender,	2113
assistant state public defenders, other employees of the	2114
commission or the state public defender, or attorneys described in	2115
division (C) of section 120.41 of the Revised Code in the civil	2116
action or proceeding.	2117

(2)(a) Subject to division (E)(2)(b) of this section, payment	2118
from the state treasury for the services of private legal counsel	2119
with whom the state public defender has contracted pursuant to	2120
division (E)(1) of this section shall be accomplished only through	2121
the following procedure:	2122

(i) The private legal counsel shall file with the attorney	2123
general a copy of the contract; a request for an award of legal	2124
fees, court costs, and expenses earned or incurred in connection	2125
with the defense of the Ohio public defender commission, the state	2126
public defender, an assistant state public defender, an employee,	2127
or an attorney in a specified civil action or proceeding; a	2128
written itemization of those fees, costs, and expenses, including	2129
the signature of the state public defender and the state public	2130
defender's attestation that the fees, costs, and expenses were	2131
earned or incurred pursuant to division (E)(1) of this section to	2132
the best of the state public defender's knowledge and information;	2133
a written statement whether the fees, costs, and expenses are for	2134
all legal services to be rendered in connection with that defense,	2135
are only for legal services rendered to the date of the request	2136
and additional legal services likely will have to be provided in	2137
connection with that defense, or are for the final legal services	2138
rendered in connection with that defense; a written statement	2139
indicating whether the private legal counsel previously submitted	2140
a request for an award under division (E)(2) of this section in	2141
connection with that defense and, if so, the date and the amount	2142
of each award granted; and, if the fees, costs, and expenses are	2143
for all legal services to be rendered in connection with that	2144
defense or are for the final legal services rendered in connection	2145
with that defense, a certified copy of any judgment entry in the	2146
civil action or proceeding or a signed copy of any settlement	2147
agreement entered into between the parties to the civil action or	2148
proceeding.	2149

(ii) Upon receipt of a request for an award of legal fees,	2150
court costs, and expenses and the requisite supportive	2151
documentation described in division (E)(2)(a)(i) of this section,	2152
the attorney general shall review the request and documentation;	2153
determine whether any of the limitations specified in division	2154
(E)(2)(b) of this section apply to the request; and, if an award	2155
of legal fees, court costs, or expenses is permissible after	2156
applying the limitations, prepare a document awarding legal fees,	2157
court costs, or expenses to the private legal counsel. The	2158
document shall name the private legal counsel as the recipient of	2159
the award; specify the total amount of the award as determined by	2160
the attorney general; itemize the portions of the award that	2161
represent legal fees, court costs, and expenses; specify any	2162
limitation applied pursuant to division (E)(2)(b) of this section	2163
to reduce the amount of the award sought by the private legal	2164
counsel; state that the award is payable from the state treasury	2165
pursuant to division (E)(2)(a)(iii) of this section; and be	2166
approved by the inclusion of the signatures of the attorney	2167
general, the state public defender, and the private legal counsel.	2168

(iii) The attorney general shall forward a copy of the	2169
document prepared pursuant to division (E)(2)(a)(ii) of this	2170
section to the director of budget and management. The award of	2171
legal fees, court costs, or expenses shall be paid out of the	2172
state public defender's appropriations, to the extent there is a	2173
sufficient available balance in those appropriations. If the state	2174
public defender does not have a sufficient available balance in	2175
the state public defender's appropriations to pay the entire award	2176
of legal fees, court costs, or expenses, the director shall make	2177
application for a transfer of appropriations out of the emergency	2178
purposes account or any other appropriation for emergencies or	2179
contingencies in an amount equal to the portion of the award that	2180
exceeds the sufficient available balance in the state public	2181
defender's appropriations. A transfer of appropriations out of the	2182
emergency purposes account or any other appropriation for	2183
emergencies or contingencies shall be authorized if there are	2184
sufficient moneys greater than the sum total of then pending	2185
emergency purposes account requests, or requests for releases from	2186
the other appropriation. If a transfer of appropriations out of	2187
the emergency purposes account or other appropriation for	2188
emergencies or contingencies is made to pay an amount equal to the	2189
portion of the award that exceeds the sufficient available balance	2190
in the state public defender's appropriations, the director shall	2191
cause the payment to be made to the private legal counsel. If	2192
sufficient moneys do not exist in the emergency purposes account	2193
or other appropriation for emergencies or contingencies to pay an	2194
amount equal to the portion of the award that exceeds the	2195
sufficient available balance in the state public defender's	2196
appropriations, the private legal counsel shall request the	2197
general assembly to make an appropriation sufficient to pay an	2198
amount equal to the portion of the award that exceeds the	2199
sufficient available balance in the state public defender's	2200
appropriations, and no payment in that amount shall be made until	2201
the appropriation has been made. The private legal counsel shall	2202
make the request during the current biennium and during each	2203
succeeding biennium until a sufficient appropriation is made.	2204

(b) An award of legal fees, court costs, and expenses	2205
pursuant to division (E) of this section is subject to the	2206
following limitations:	2207

(i) The maximum award or maximum aggregate of a series of	2208
awards of legal fees, court costs, and expenses to the private	2209
legal counsel in connection with the defense of the Ohio public	2210
defender commission, the state public defender, an assistant state	2211
public defender, an employee, or an attorney in a specified civil	2212
action or proceeding shall not exceed fifty thousand dollars.	2213

(ii) The private legal counsel shall not be awarded legal	2214
fees, court costs, or expenses to the extent the fees, costs, or	2215
expenses are covered by a policy of malpractice or other	2216
insurance.	2217

(iii) The private legal counsel shall be awarded legal fees	2218
and expenses only to the extent that the fees and expenses are	2219
reasonable in light of the legal services rendered by the private	2220
legal counsel in connection with the defense of the Ohio public	2221
defender commission, the state public defender, an assistant state	2222
public defender, an employee, or an attorney in a specified civil	2223
action or proceeding.	2224

(c) If, pursuant to division (E)(2)(a) of this section, the	2225
attorney general denies a request for an award of legal fees,	2226
court costs, or expenses to private legal counsel because of the	2227
application of a limitation specified in division (E)(2)(b) of	2228
this section, the attorney general shall notify the private legal	2229
counsel in writing of the denial and of the limitation applied.	2230

(d) If, pursuant to division (E)(2)(c) of this section, a	2231
private legal counsel receives a denial of an award notification	2232
or if a private legal counsel refuses to approve a document under	2233
division (E)(2)(a)(ii) of this section because of the proposed	2234
application of a limitation specified in division (E)(2)(b) of	2235
this section, the private legal counsel may commence a civil	2236
action against the attorney general in the court of claims to	2237
prove the private legal counsel's entitlement to the award sought,	2238
to prove that division (E)(2)(b) of this section does not prohibit	2239
or otherwise limit the award sought, and to recover a judgment for	2240
the amount of the award sought. A civil action under division	2241
(E)(2)(d) of this section shall be commenced no later than two	2242
years after receipt of a denial of award notification or, if the	2243
private legal counsel refused to approve a document under division	2244
(E)(2)(a)(ii) of this section because of the proposed application	2245
of a limitation specified in division (E)(2)(b) of this section,	2246
no later than two years after the refusal. Any judgment of the	2247
court of claims in favor of the private legal counsel shall be	2248
paid from the state treasury in accordance with division (E)(2)(a)	2249
of this section.	2250

(F) If a court appoints the office of the state public	2251
defender to represent a petitioner in a postconviction relief	2252
proceeding under section 2953.21 of the Revised Code, the	2253
petitioner has received a sentence of death, and the proceeding	2254
relates to that sentence, all of the attorneys who represent the	2255
petitioner in the proceeding pursuant to the appointment, whether	2256
an assistant state public defender, the state public defender, or	2257
another attorney, shall be certified under Rule 20 of the Rules of	2258
Superintendence for the Courts of Ohio to represent indigent	2259
defendants charged with or convicted of an offense for which the	2260
death penalty can be or has been imposed.	2261

(G) As used in this section:

2262

(1) "Community control sanction" has the same meaning as in	2263
section 2929.01 of the Revised Code.	2264

(2) "Post-release control sanction" has the same meaning as	2265
in section 2967.01 of the Revised Code.	2266

Sec. 120.13. (A) The county commissioners in any county may	2267
establish a county public defender commission. The commission	2268
shall have five members, three of whom shall be appointed by the	2269
board of county commissioners, and two by the judge, or the	2270
presiding judge if there is one, of the court of common pleas of	2271
the county. At least one member appointed by each of these	2272
appointing bodies shall be an attorney admitted to the practice of	2273
law in this state.	2274

(B) The board of county commissioners shall select a specific	2275
day for the county public defender commission to be established	2276
and on which all members' appointments shall take effect, and	2277
shall notify the Ohio public defender commission of the date.	2278

(C) Of the initial appointments made to the county public	2279
defender commission, two appointments by the county commissioners	2280
and one appointment by the court shall be for a term of two years	2281
ending two years after the date the commission is established, and	2282
one appointment by each of the appointing bodies shall be for a	2283
term ending four years after the date the commission is	2284
established. Thereafter, terms of office shall be for four years,	2285
each term ending on the same day of the same month of the year as	2286
did the term which it succeeds. Each member shall hold office from	2287
the date of ~~his~~ appointment until the end of the term for which he	2288
the member was appointed. Any member appointed to fill a vacancy	2289
occurring prior to the expiration of the term for which ~~his~~the	2290
member's predecessor was appointed shall hold office for the	2291
remainder of such term. Any member shall continue in office	2292
subsequent to the expiration date of ~~his~~the member's term until	2293
~~his~~a successor takes office, or until a period of sixty days has	2294
elapsed, whichever occurs first.	2295

(D) The members of the commission shall choose as ~~chairman~~	2296
chairperson one of the commission members, who shall serve as	2297
~~chairman~~chairperson for two years. Meetings shall be held at	2298
least quarterly and at such other times as called by the ~~chairman~~	2299
chairperson or by request of the county public defender. Members	2300
of the commission may receive an amount fixed by the county	2301
commissioners, but not in excess of the amounts set for the	2302
members of the Ohio public defender commission pursuant to section	2303
124.14 of the Revised Code per diem for every meeting of the board	2304
they attend, and necessary expenses including mileage for each	2305
mile necessarily traveled.	2306

(E) The county commissioners may terminate the county public	2307
defender commission at any time if at least ninety days prior to	2308
termination, the commissioners notify the Ohio public defender	2309
commission in writing of the termination date. Upon the	2310
termination date all pending county public defender matters shall	2311
be transferred to the state public defender, a joint county public	2312
defender, or appointed counsel.	2313

(F) ~~Fifty per cent of the~~The cost of representation in all	2314
matters assumed by the state public defender shall be charged to	2315
the counties in accordance with division (D) of section 120.06 of	2316
the Revised Code.	2317

Sec. 120.23. (A) The boards of county commissioners in two	2318
or more adjoining or neighboring counties may form themselves into	2319
a joint board and proceed to organize a district for the	2320
establishment of a joint county public defender commission. The	2321
commission shall have three members from each county, who shall be	2322
appointed by the board of county commissioners of the county.	2323

(B) The boards shall agree on a specific date for the joint	2324
county public defender commission to be established, on which date	2325
the appointments of all members shall take effect. The joint board	2326
shall notify the Ohio public defender commission of the date.	2327

(C) Of the initial appointments made by each county to the	2328
joint county public defender commission, one appointment shall be	2329
for a term of one year ending one year after the date the	2330
commission is established, one appointment shall be for a term of	2331
two years ending two years after the date the commission is	2332
established, and one appointment shall be for a period of three	2333
years, ending three years after the date the commission is	2334
established. Thereafter, terms of office shall be for three years,	2335
each term ending on the same day of the same month of the year as	2336
did the term which it succeeds. Each member shall hold office from	2337
the date of ~~his~~ appointment until the end of the term for which he	2338
the member was appointed. Any member appointed to fill a vacancy	2339
occurring prior to the expiration of the term for which ~~his~~the	2340
member's predecessor was appointed shall hold office for the	2341
remainder of the term. Any member shall continue in office	2342
subsequent to the expiration date of ~~his~~the member's term until	2343
~~his~~a successor takes office, or until a period of sixty days has	2344
elapsed, whichever occurs first.	2345

(D) The members of the commission shall choose as ~~chairman~~	2346
chairperson one of the commission members, who shall serve as	2347
~~chairman~~chairperson for two years. Meetings shall be held at	2348
least quarterly and at such other times as called by the ~~chairman~~	2349
chairperson or by request of the joint county public defender.	2350
Members of the commission may receive an amount fixed by the	2351
agreement of the boards of commissioners of the counties in the	2352
district, but not in excess of the amount set for the members of	2353
the Ohio public defender commission pursuant to section 124.14 of	2354
the Revised Code per diem for every meeting of the commission they	2355
attend, and necessary expenses including mileage for each mile	2356
necessarily traveled.	2357

(E) The agreement of the boards of county commissioners	2358
establishing the joint county public defender commission shall	2359
provide for the allocation of the proportion of expenses to be	2360
paid by each county, which may be based upon population, number of	2361
cases, or such other factors as the commissioners determine to be	2362
appropriate. The county commissioners may amend their agreement	2363
from time to time to provide for a different allocation of the	2364
proportion of expenses to be paid by each county.	2365

(F) The county auditor of the county, with the greatest	2366
population is hereby designated as the fiscal officer of a joint	2367
county public defender district organized under this section. The	2368
county auditors of the several counties composing the joint county	2369
public defender commission district shall meet at the commission	2370
office not less than once in each six months, to adjust accounts	2371
and to transact such other duties in connection with the	2372
commission as pertain to the business of their office.	2373

(G) Each member of the board of county commissioners who	2374
meets by appointment to consider the organization of a joint	2375
county public defender commission shall, upon presentation of	2376
properly certified accounts, be paid ~~his~~the member's necessary	2377
expenses upon a warrant drawn by the county auditor of ~~his~~the	2378
member's county.	2379

(H) The board of county commissioners of any county within a	2380
joint county public defender commission district may withdraw from	2381
the district. Such withdrawal shall not be effective until at	2382
least ninety days after the board has notified the Ohio public	2383
defender commission, the joint county public defender commission	2384
of the district, and each board of county commissioners in the	2385
district, in writing of the termination date. The failure of a	2386
board of county commissioners to approve an annual operating	2387
budget for the office of the joint county public defender as	2388
provided in division (C)(1) of section 120.24 of the Revised Code	2389
constitutes a notice of withdrawal by the county from the	2390
district, effective on the ninetieth day after commencement of the	2391
next fiscal year. Upon the termination date, all joint county	2392
public defender matters relating to the withdrawing county shall	2393
be transferred to the state public defender, a county public	2394
defender, or appointed counsel.	2395

(I) ~~Fifty per cent of the~~The cost of representation in all	2396
matters assumed by the state public defender shall be charged to	2397
the counties in accordance with division (D) of section 120.06 of	2398
the Revised Code.	2399

Members of the joint county public defender commission who	2400
are residents of a county withdrawing from such district are	2401
deemed to have resigned their positions upon the completion of the	2402
withdrawal procedure provided by this section. Vacancies thus	2403
created shall not be filled.	2404

If two or more counties remain within the district after the	2405
withdrawal, the boards of county commissioners of the remaining	2406
adjoining or neighboring counties may agree to continue the	2407
operation of the joint county public defender commission and to	2408
reallocate the proportionate share of expenses to be paid by each	2409
participating county.	2410

Sec. 120.36. (A) If a person who is a defendant in a criminal	2411
case or a party in a case in juvenile court requests or is	2412
provided a state public defender, a county or joint county public	2413
defender, or any other counsel appointed by the court, the court	2414
in which the criminal case is initially filed or the juvenile	2415
court, whichever is applicable, shall assess, unless the	2416
application fee is waived or reduced, a non-refundable application	2417
fee of twenty-five dollars.	2418

The court shall direct the person to pay the application fee	2419
to the clerk of the court that assessed the fee. The person shall	2420
pay the application fee at the time the person files an affidavit	2421
of indigency or a financial disclosure form with the court or	2422
within seven days of that date. If the person does not pay the	2423
application fee within that seven-day period, the court shall	2424
assess the application fee at sentencing or at the final	2425
disposition of the case.	2426

If a case involving a felony that was initially filed in a	2427
municipal court or a county court is bound over to the court of	2428
common pleas and the defendant in the case failed to pay the	2429
application fee in the municipal court or county court, the court	2430
of common pleas shall assess the application fee at the initial	2431
appearance of the defendant in the court of common pleas. If a	2432
case involving an alleged delinquent child is transferred to the	2433
court of common pleas for prosecution of the involved child as an	2434
adult, the court of common pleas shall assess the application fee	2435
at the initial appearance of the child in the court of common	2436
pleas.	2437

The court shall assess an application fee pursuant to this	2438
section one time per case. An appeal shall not be considered a	2439
separate case for the purpose of assessing the application fee.	2440
The court may waive or reduce the fee upon a finding that the	2441
person lacks financial resources that are sufficient to pay the	2442
fee or that payment of the fee would result in an undue hardship.	2443

(B) No court, state public defender, county or joint county	2444
public defender, or other counsel appointed by the court shall	2445
deny a person the assistance of counsel solely due to the person's	2446
failure to pay the application fee assessed pursuant to division	2447
(A) of this section. A person's present inability, failure, or	2448
refusal to pay the application fee shall not disqualify that	2449
person from legal representation.	2450

(C) The application fee assessed pursuant to division (A) of	2451
this section is separate from and in addition to any other amount	2452
assessed against a person who is found to be able to contribute	2453
toward the cost of the person's legal representation pursuant to	2454
division (D) of section 2941.51 of the Revised Code.	2455

(D) The clerk of the court that assessed the fees shall	2456
forward all application fees collected pursuant to this section to	2457
the county treasurer for deposit in the county treasury. The	2458
county shall retain eighty per cent of the application fees so	2459
collected to offset the costs of providing legal representation to	2460
indigent persons. Each month, the county auditor shall remit	2461
twenty per cent of the application fees so collected to the state	2462
public defender. The state public defender shall deposit the	2463
remitted fees into the state treasury to the credit of the client	2464
payment fund created pursuant to division (B)(5) of section 120.04	2465
of the Revised Code. The state public defender may use that money	2466
in accordance with that section.	2467

(E) On or before the first day of March of each year, each	2468
clerk of court shall provide to the state public defender and the	2469
state auditor a report including all of the following:	2470

(1) The number of persons in the previous calendar year who	2471
requested or were provided a state public defender, county or	2472
joint county public defender, or other counsel appointed by the	2473
court;	2474

(2) The number of persons in the previous calendar year for	2475
whom the court waived the application fee pursuant to division (A)	2476
of this section;	2477

(3) The dollar value of the assessed application fees	2478
pursuant to division (A) of this section in the previous calendar	2479
year;	2480

(4) The amount of assessed application fees collected in the	2481
previous calendar year;	2482

(5) The balance of unpaid assessed application fees at the	2483
open and close of the previous calendar year.	2484

(F) As used in this section:

2485

(1) "Clerk of court" means the clerk of the court of common	2486
pleas of the county, the clerk of the juvenile court of the	2487
county, the clerk of a municipal court in the county, the clerk of	2488
a county-operated municipal court, or the clerk of a county court	2489
in the county, whichever is applicable.	2490

(2) "County-operated municipal court" has the same meaning as	2491
in section 1901.03 of the Revised Code.	2492

Sec. 120.52. There is hereby established in the state	2493
treasury the legal aid fund, which shall be for the charitable	2494
public purpose of providing financial assistance to legal aid	2495
societies that provide civil legal services to indigents. The fund	2496
shall contain all funds credited to it by the treasurer of state	2497
pursuant to sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09	2498
and 4705.10 of the Revised Code and income from investment	2499
credited to it by the treasurer of state in accordance with this	2500
section.	2501

The treasurer of state may invest moneys contained in the	2502
legal aid fund in any manner authorized by the Revised Code for	2503
the investment of state moneys. However, no such investment shall	2504
interfere with any apportionment, allocation, or payment of moneys	2505
in January and July of each calendar year, as required by section	2506
120.53 of the Revised Code. All income earned as a result of any	2507
such investment shall be credited to the fund.	2508

The state public defender, through the Ohio legal assistance	2509
foundation, shall administer the payment of moneys out of the	2510
fund. Four and one-half per cent of the moneys in the fund shall	2511
be reserved for the actual, reasonable costs of administering	2512
sections 120.51 to 120.55 and sections 1901.26, 1907.24, 2303.201,	2513
3953.231, 4705.09, and 4705.10 of the Revised Code. Moneys that	2514
are reserved for administrative costs but that are not used for	2515
actual, reasonable administrative costs shall be set aside for use	2516
in the manner described in division (A) of section 120.521 of the	2517
Revised Code. The remainder of the moneys in the legal aid fund	2518
shall be distributed in accordance with section 120.53 of the	2519
Revised Code. The Ohio legal assistance foundation shall	2520
establish, in accordance with Chapter 119. of the Revised Code,	2521
rules governing the administration of the legal aid fund,	2522
including the ~~program~~programs established under sections 1901.26,	2523
1907.24, 2303.201, 4705.09, and 4705.10 of the Revised Code	2524
regarding interest on interest-bearing trust accounts of an	2525
attorney, law firm, or legal professional association.	2526

Sec. 120.53. (A) A legal aid society that operates within	2527
the state may apply to the Ohio legal assistance foundation for	2528
financial assistance from the legal aid fund established by	2529
section 120.52 of the Revised Code to be used for the funding of	2530
the society during the calendar year following the calendar year	2531
in which application is made.	2532

(B) An application for financial assistance made under	2533
division (A) of this section shall be submitted by the first day	2534
of November of the calendar year preceding the calendar year for	2535
which financial assistance is desired and shall include all of the	2536
following:	2537

(1) Evidence that the applicant is incorporated in this state	2538
as a nonprofit corporation;	2539

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

2540

(3) The proposed budget of the applicant for these funds for	2541
the following calendar year;	2542

(4) A summary of the services to be offered by the applicant	2543
in the following calendar year;	2544

(5) A specific description of the territory or constituency	2545
served by the applicant;	2546

(6) An estimate of the number of persons to be served by the	2547
applicant during the following calendar year;	2548

(7) A general description of the additional sources of the	2549
applicant's funding;	2550

(8) The amount of the applicant's total budget for the	2551
calendar year in which the application is filed that it will	2552
expend in that calendar year for legal services in each of the	2553
counties it serves;	2554

(9) A specific description of any services, programs,	2555
training, and legal technical assistance to be delivered by the	2556
applicant or by another person pursuant to a contract with the	2557
applicant, including, but not limited to, by private attorneys or	2558
through reduced fee plans, judicare panels, organized pro bono	2559
programs, and mediation programs.	2560

(C) The Ohio legal assistance foundation shall determine	2561
whether each applicant that filed an application for financial	2562
assistance under division (A) of this section in a calendar year	2563
is eligible for financial assistance under this section. To be	2564
eligible for such financial assistance, an applicant shall satisfy	2565
the criteria for being a legal aid society and shall be in	2566
compliance with the provisions of sections 120.51 to 120.55 of the	2567
Revised Code and with the rules and requirements the foundation	2568
establishes pursuant to section 120.52 of the Revised Code. The	2569
Ohio legal assistance foundation then, on or before the fifteenth	2570
day of December of the calendar year in which the application is	2571
filed, shall notify each such applicant, in writing, whether it is	2572
eligible for financial assistance under this section, and if it is	2573
eligible, estimate the amount that will be available for that	2574
applicant for each six-month distribution period, as determined	2575
under division (D) of this section.	2576

(D) The Ohio legal assistance foundation shall allocate	2577
moneys contained in the legal aid fund twice each year for	2578
distribution to applicants that filed their applications in the	2579
previous calendar year and were determined to be eligible	2580
applicants.	2581

All moneys contained in the fund on the first day of January	2582
of a calendar year shall be allocated, after deduction of the	2583
costs of administering sections 120.51 to 120.55 and sections	2584
1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and 4705.10 of the	2585
Revised Code that are authorized by section 120.52 of the Revised	2586
Code, according to this section and shall be distributed	2587
accordingly on the thirty-first day of January of that calendar	2588
year, and all moneys contained in the fund on the first day of	2589
July of that calendar year shall be allocated, after deduction of	2590
the costs of administering those sections that are authorized by	2591
section 120.52 of the Revised Code, according to this section and	2592
shall be distributed accordingly on the thirty-first day of July	2593
of that calendar year. In making the allocations under this	2594
section, the moneys in the fund that were generated pursuant to	2595
sections 1901.26, 1907.24, 2303.201, 3953.231, 4705.09, and	2596
4705.10 of the Revised Code and all income generated from the	2597
investment of such moneys shall be apportioned as follows:	2598

(1) After deduction of the amount authorized and used for	2599
actual, reasonable administrative costs under section 120.52 of	2600
the Revised Code:	2601

(a) Five per cent of the moneys remaining in the fund~~, plus~~	2602
~~any moneys reserved for administrative costs under that section~~	2603
~~that are not used for actual, reasonable administrative costs,~~	2604
shall be reserved for use in the manner described in division (A)	2605
of section 120.521 of the Revised Code or for distribution to	2606
legal aid societies that provide assistance to special population	2607
groups of their eligible clients, engage in special projects that	2608
have a substantial impact on their local service area or on	2609
significant segments of the state's poverty population, or provide	2610
legal training or support to other legal aid societies in the	2611
state;	2612

(b) After deduction of the amount described in division	2613
(D)(1)(a) of this section, one and three-quarters per cent of the	2614
moneys remaining in the fund shall be apportioned among entities	2615
that received financial assistance from the legal aid fund prior	2616
to the effective date of this amendment but that, on and after the	2617
effective date of this amendment, no longer qualify as a legal aid	2618
society that is eligible for financial assistance under this	2619
section.	2620

(c) After deduction of the amounts described in divisions	2621
(D)(1)(a) and (b) of this section, fifteen per cent of the moneys	2622
remaining in the fund shall be placed in the legal assistance	2623
foundation fund for use in the manner described in division (A) of	2624
section 120.521 of the Revised Code.	2625

(2) After deduction of the actual, reasonable administrative	2626
costs under section 120.52 of the Revised Code and after deduction	2627
of the amounts identified in ~~division~~divisions (D)(1)(a) ~~and~~,	2628
(b), and (c) of this section, the remaining moneys shall be	2629
apportioned among the counties that are served by eligible legal	2630
aid societies that have applied for financial assistance under	2631
this section so that each such county is apportioned a portion of	2632
those moneys, based upon the ratio of the number of indigents who	2633
reside in that county to the total number of indigents who reside	2634
in all counties of this state that are served by eligible legal	2635
aid societies that have applied for financial assistance under	2636
this section. Subject to division (E) of this section, the moneys	2637
apportioned to a county under this division then shall be	2638
allocated to the eligible legal aid society that serves the county	2639
and that has applied for financial assistance under this section.	2640
For purposes of this division, the source of data identifying the	2641
number of indigent persons who reside in a county shall be the	2642
most recent decennial census figures from the United States	2643
department of commerce, division of census.	2644

(E) If the Ohio legal assistance foundation, in attempting to	2645
make an allocation of moneys under division (D)(2) of this	2646
section, determines that a county that has been apportioned money	2647
under that division is served by more than one eligible legal aid	2648
society that has applied for financial assistance under this	2649
section, the Ohio legal assistance foundation shall allocate the	2650
moneys that have been apportioned to that county under division	2651
(D)(2) of this section among all eligible legal aid societies that	2652
serve that county and that have applied for financial assistance	2653
under this section on a pro rata basis, so that each such eligible	2654
society is allocated a portion based upon the amount of its total	2655
budget expended in the prior calendar year for legal services in	2656
that county as compared to the total amount expended in the prior	2657
calendar year for legal services in that county by all eligible	2658
legal aid societies that serve that county and that have applied	2659
for financial assistance under this section.	2660

(F) Moneys allocated to eligible applicants under this	2661
section shall be paid twice annually, on the thirty-first day of	2662
January and on the thirty-first day of July of the calendar year	2663
following the calendar year in which the application is filed.	2664

(G)(1) A legal aid society that receives financial assistance	2665
in any calendar year under this section shall file an annual	2666
report with the Ohio legal assistance foundation detailing the	2667
number and types of cases handled, and the amount and types of	2668
legal training, legal technical assistance, and other service	2669
provided, by means of that financial assistance. No information	2670
contained in the report shall identify or enable the	2671
identification of any person served by the legal aid society or in	2672
any way breach client confidentiality.	2673

(2) The Ohio legal assistance foundation shall make an annual	2674
report to the governor, the general assembly, and the supreme	2675
court on the distribution and use of the legal aid fund. The	2676
foundation also shall include in the annual report an audited	2677
financial statement of all gifts, bequests, donations,	2678
contributions, and other moneys the foundation receives. No	2679
information contained in the report shall identify or enable the	2680
identification of any person served by a legal aid society, or in	2681
any way breach confidentiality.	2682

(H) A legal aid society may enter into agreements for the	2683
provision of services, programs, training, or legal technical	2684
assistance for the legal aid society or to indigent persons.	2685

Sec. 121.37. (A)(1) There is hereby created the Ohio family	2686
and children first cabinet council. The council shall be composed	2687
of the superintendent of public instruction and the directors of	2688
youth services, job and family services, mental health, health,	2689
alcohol and drug addiction services, mental retardation and	2690
developmental disabilities, and budget and management. The	2691
chairperson of the council shall be the governor or the governor's	2692
designee and shall establish procedures for the council's internal	2693
control and management.	2694

(2) The purpose of the cabinet council is to help families	2695
seeking government services. This section shall not be interpreted	2696
or applied to usurp the role of parents, but solely to streamline	2697
and coordinate existing government services for families seeking	2698
assistance for their children.	2699

In seeking to fulfill its purpose, the council may do any of	2700
the following:	2701

(a) Advise and make recommendations to the governor and	2702
general assembly regarding the provision of services to children;	2703

(b) Advise and assess local governments on the coordination	2704
of service delivery to children;	2705

(c) Hold meetings at such times and places as may be	2706
prescribed by the council's procedures and maintain records of the	2707
meetings, except that records identifying individual children are	2708
confidential and shall be disclosed only as provided by law;	2709

(d) Develop programs and projects, including pilot projects,	2710
to encourage coordinated efforts at the state and local level to	2711
improve the state's social service delivery system;	2712

(e) Enter into contracts with and administer grants to county	2713
family and children first councils, as well as other county or	2714
multicounty organizations to plan and coordinate service delivery	2715
between state agencies and local service providers for families	2716
and children;	2717

(f) Enter into contracts with and apply for grants from	2718
federal agencies or private organizations;	2719

(g) Enter into interagency agreements to encourage	2720
coordinated efforts at the state and local level to improve the	2721
state's social service delivery system. The agreements may include	2722
provisions regarding the receipt, transfer, and expenditure of	2723
funds;	2724

(h) Identify public and private funding sources for services	2725
provided to alleged or adjudicated unruly children and children	2726
who are at risk of being alleged or adjudicated unruly children,	2727
including regulations governing access to and use of the services;	2728

(i) Collect information provided by local communities	2729
regarding successful programs for prevention, intervention, and	2730
treatment of unruly behavior, including evaluations of the	2731
programs;	2732

(j) Identify and disseminate publications regarding alleged	2733
or adjudicated unruly children and children who are at risk of	2734
being alleged or adjudicated unruly children and regarding	2735
programs serving those types of children;	2736

(k) Maintain an inventory of strategic planning facilitators	2737
for use by government or nonprofit entities that serve alleged or	2738
adjudicated unruly children or children who are at risk of being	2739
alleged or adjudicated unruly children.	2740

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

2741

(a) Reviews of service and treatment plans for children for	2742
which such reviews are requested;	2743

(b) Assistance as the council determines to be necessary to	2744
meet the needs of children referred by county family and children	2745
first councils;	2746

(c) Monitoring and supervision of a statewide, comprehensive,	2747
coordinated, multi-disciplinary, interagency system for infants	2748
and toddlers with developmental disabilities or delays and their	2749
families, as established pursuant to federal grants received and	2750
administered by the department of health for early intervention	2751
services under the "~~Education of the Handicapped Act Amendments of~~	2752
~~1986," 100 Stat. 1145 (1986), 20 U.S.C.A. 1471~~Individuals with	2753
Disabilities Education Act of 2004," 20 U.S.C.A. 1400, as amended.	2754

(B)(1) Each board of county commissioners shall establish a	2755
county family and children first council. The board may invite any	2756
local public or private agency or group that funds, advocates, or	2757
provides services to children and families to have a	2758
representative become a permanent or temporary member of its	2759
county council. Each county council must include the following	2760
individuals:	2761

(a) At least three individuals who are not employed by an	2762
agency represented on the council and whose families are or have	2763
received services from an agency represented on the council or	2764
another county's council. Where possible, the number of members	2765
representing families shall be equal to twenty per cent of the	2766
council's membership.	2767

(b) The director of the board of alcohol, drug addiction, and	2768
mental health services that serves the county, or, in the case of	2769
a county that has a board of alcohol and drug addiction services	2770
and a community mental health board, the directors of both boards.	2771
If a board of alcohol, drug addiction, and mental health services	2772
covers more than one county, the director may designate a person	2773
to participate on the county's council.	2774

(c) The health commissioner, or the commissioner's designee,	2775
of the board of health of each city and general health district in	2776
the county. If the county has two or more health districts, the	2777
health commissioner membership may be limited to the commissioners	2778
of the two districts with the largest populations.	2779

(d) The director of the county department of job and family	2780
services;	2781

(e) The executive director of the ~~county agency responsible~~	2782
~~for the administration of~~public children services ~~pursuant to~~	2783
~~section 5153.15 of the Revised Code~~agency;	2784

(f) The superintendent of the county board of mental	2785
retardation and developmental disabilities;	2786

(g) The county's juvenile court judge senior in service or	2787
another judge of the juvenile court designated by the	2788
administrative judge or, where there is no administrative judge,	2789
by the judge senior in service;	2790

(h) The superintendent of the city, exempted village, or	2791
local school district with the largest number of pupils residing	2792
in the county, as determined by the department of education, which	2793
shall notify each board of county commissioners of its	2794
determination at least biennially;	2795

(i) A school superintendent representing all other school	2796
districts with territory in the county, as designated at a	2797
biennial meeting of the superintendents of those districts;	2798

(j) A representative of the municipal corporation with the	2799
largest population in the county;	2800

(k) The president of the board of county commissioners, or an	2801
individual designated by the board;	2802

(l) A representative of the regional office of the department	2803
of youth services;	2804

(m) A representative of the county's head start agencies, as	2805
defined in section ~~3301.31~~3301.32 of the Revised Code;	2806

(n) A representative of the county's early intervention	2807
collaborative established pursuant to the federal early	2808
intervention program operated under the "Education of the	2809
Handicapped Act Amendments of 1986";	2810

(o) A representative of a local nonprofit entity that funds,	2811
advocates, or provides services to children and families.	2812

Notwithstanding any other provision of law, the public	2813
members of a county council are not prohibited from serving on the	2814
council and making decisions regarding the duties of the council,	2815
including those involving the funding of joint projects and those	2816
outlined in the county's service coordination mechanism	2817
implemented pursuant to division (C) of this section.	2818

The cabinet council shall establish a state appeals process	2819
to resolve disputes among the members of a county council	2820
concerning whether reasonable responsibilities as members are	2821
being shared. The appeals process may be accessed only by a	2822
majority vote of the council members who are required to serve on	2823
the council. Upon appeal, the cabinet council may order that state	2824
funds for services to children and families be redirected to a	2825
county's board of county commissioners.	2826

(2) AThe purpose of the county council is to streamline and	2827
coordinate existing government services for families seeking	2828
services for their children. In seeking to fulfill its purpose, a	2829
county council shall provide for the following:	2830

(a) Referrals to the cabinet council of those children for	2831
whom the county council cannot provide adequate services;	2832

(b) Development and implementation of a process that annually	2833
evaluates and prioritizes services, fills service gaps where	2834
possible, and invents new approaches to achieve better results for	2835
families and children;	2836

(c) Participation in the development of a countywide,	2837
comprehensive, coordinated, multi-disciplinary, interagency system	2838
for infants and toddlers with developmental disabilities or delays	2839
and their families, as established pursuant to federal grants	2840
received and administered by the department of health for early	2841
intervention services under the "Education of the Handicapped Act	2842
Amendments of 1986";	2843

(d) Maintenance of an accountability system to monitor the	2844
county council's progress in achieving results for families and	2845
children;	2846

(e) Establishment of a mechanism to ensure ongoing input from	2847
a broad representation of families who are receiving services	2848
within the county system.	2849

(3)(a) Except as provided in division (B)(3)(b) of this	2850
section, a county council shall comply with the policies,	2851
procedures, and activities prescribed by the rules or interagency	2852
agreements of a state department participating on the cabinet	2853
council whenever the county council performs a function subject to	2854
those rules or agreements.	2855

(b) On application of a county council, the cabinet council	2856
may grant an exemption from any rules or interagency agreements of	2857
a state department participating on the council if an exemption is	2858
necessary for the council to implement an alternative program or	2859
approach for service delivery to families and children. The	2860
application shall describe the proposed program or approach and	2861
specify the rules or interagency agreements from which an	2862
exemption is necessary. The cabinet council shall approve or	2863
disapprove the application in accordance with standards and	2864
procedures it shall adopt. If an application is approved, the	2865
exemption is effective only while the program or approach is being	2866
implemented, including a reasonable period during which the	2867
program or approach is being evaluated for effectiveness.	2868

(4)(a) Each county council shall designate an administrative	2869
agent for the council from among the following public entities:	2870
the board of alcohol, drug addiction, and mental health services,	2871
including a board of alcohol and drug addiction or a community	2872
mental health board if the county is served by separate boards;	2873
the board of county commissioners; any board of health of the	2874
county's city and general health districts; the county department	2875
of job and family services; the county agency responsible for the	2876
administration of children services pursuant to section 5153.15 of	2877
the Revised Code; the county board of mental retardation and	2878
developmental disabilities; any of the county's boards of	2879
education or governing boards of educational service centers; or	2880
the county's juvenile court. Any of the foregoing public entities,	2881
other than the board of county commissioners, may decline to serve	2882
as the council's administrative agent.	2883

A county council's administrative agent shall serve as the	2884
council's appointing authority for any employees of the council.	2885
The council shall file an annual budget with its administrative	2886
agent, with copies filed with the county auditor and with the	2887
board of county commissioners, unless the board is serving as the	2888
council's administrative agent. The council's administrative agent	2889
shall ensure that all expenditures are handled in accordance with	2890
policies, procedures, and activities prescribed by state	2891
departments in rules or interagency agreements that are applicable	2892
to the council's functions.	2893

The administrative agent for a county council may do any of	2894
the following on behalf of the council:	2895

(i) Enter into agreements or administer contracts with public	2896
or private entities to fulfill specific council business. Such	2897
agreements and contracts are exempt from the competitive bidding	2898
requirements of section 307.86 of the Revised Code if they have	2899
been approved by the county council and they are for the purchase	2900
of family and child welfare or child protection services or other	2901
social or job and family services for families and children. The	2902
approval of the county council is not required to exempt	2903
agreements or contracts entered into under section 5139.34,	2904
5139.41, or 5139.43 of the Revised Code from the competitive	2905
bidding requirements of section 307.86 of the Revised Code.	2906

(ii) As determined by the council, provide financial	2907
stipends, reimbursements, or both, to family representatives for	2908
expenses related to council activity;	2909

(iii) Receive by gift, grant, devise, or bequest any moneys,	2910
lands, or other property for the purposes for which the council is	2911
established. The agent shall hold, apply, and dispose of the	2912
moneys, lands, or other property according to the terms of the	2913
gift, grant, devise, or bequest. Any interest or earnings shall be	2914
treated in the same manner and are subject to the same terms as	2915
the gift, grant, devise, or bequest from which it accrues.	2916

(b)(i) If the county council designates the board of county	2917
commissioners as its administrative agent, the board may, by	2918
resolution, delegate any of its powers and duties as	2919
administrative agent to an executive committee the board	2920
establishes from the membership of the county council. The board	2921
shall name to the executive committee at least the individuals	2922
described in divisions (B)(1)~~(b) through (h)~~(a) to (i) of this	2923
section and may appoint the president of the board or another	2924
individual as the chair of the executive committee. The executive	2925
committee must include at least one family county council	2926
representative who does not have a family member employed by an	2927
agency represented on the council.	2928

(ii) The executive committee may, with the approval of the	2929
board, hire an executive director to assist the county council in	2930
administering its powers and duties. The executive director shall	2931
serve in the unclassified civil service at the pleasure of the	2932
executive committee. The executive director may, with the approval	2933
of the executive committee, hire other employees as necessary to	2934
properly conduct the county council's business.	2935

(iii) The board may require the executive committee to submit	2936
an annual budget to the board for approval and may amend or repeal	2937
the resolution that delegated to the executive committee its	2938
authority as the county council's administrative agent.	2939

(5) Two or more county councils may enter into an agreement	2940
to administer their county councils jointly by creating a regional	2941
family and children first council. A regional council possesses	2942
the same duties and authority possessed by a county council,	2943
except that the duties and authority apply regionally rather than	2944
to individual counties. Prior to entering into an agreement to	2945
create a regional council, the members of each county council to	2946
be part of the regional council shall meet to determine whether	2947
all or part of the members of each county council will serve as	2948
members of the regional council.	2949

(6) A board of county commissioners may approve a resolution	2950
by a majority vote of the board's members that requires the county	2951
council to submit a statement to the board each time the council	2952
proposes to enter into an agreement, adopt a plan, or make a	2953
decision, other than a decision pursuant to section 121.38 of the	2954
Revised Code, that requires the expenditure of funds for two or	2955
more families. The statement shall describe the proposed	2956
agreement, plan, or decision.	2957

Not later than fifteen days after the board receives the	2958
statement, it shall, by resolution approved by a majority of its	2959
members, approve or disapprove the agreement, plan, or decision.	2960
Failure of the board to pass a resolution during that time period	2961
shall be considered approval of the agreement, plan, or decision.	2962

An agreement, plan, or decision for which a statement is	2963
required to be submitted to the board shall be implemented only if	2964
it is approved by the board.	2965

(C) Each county shall develop a county service coordination	2966
mechanism. The county service coordination mechanism shall serve	2967
as the guiding document for coordination of services in the	2968
county. For children who also receive services under the help me	2969
grow program, the service coordination mechanism shall be	2970
consistent with rules adopted by the department of health under	2971
section 3701.61 of the Revised Code. All family service	2972
coordination plans shall be developed in accordance with the	2973
county service coordination mechanism. The mechanism shall be	2974
developed and approved with the participation of the county	2975
entities representing child welfare; mental retardation and	2976
developmental disabilities; alcohol, drug addiction, and mental	2977
health services; health; juvenile judges; education; the county	2978
family and children first council; and the county early	2979
intervention collaborative established pursuant to the federal	2980
early intervention program operated under the "Education of the	2981
Handicapped Act Amendments of 1986." The county shall establish an	2982
implementation schedule for the mechanism. The cabinet council may	2983
monitor the implementation and administration of each county's	2984
service coordination mechanism.	2985

Each mechanism shall include all of the following:

2986

(1) A procedure for ~~assessing the needs of any child,~~	2987
~~including a child who is an abused, neglected, dependent, unruly,~~	2988
~~or delinquent child and under the jurisdiction of the juvenile~~	2989
~~court or a child whose parent or custodian is voluntarily seeking~~	2990
~~services~~an agency, including a juvenile court, or a family	2991
voluntarily seeking service coordination, to refer the child and	2992
family to the county council for service coordination in	2993
accordance with the county service coordination mechanism;	2994

(2) A procedure to ensuring that a family and all appropriate	2995
staff from involved agencies, including a representative from the	2996
appropriate school district, are notified of and invited to	2997
participate in all family service coordination plan meetings;	2998

(3) A procedure that permits a family to initiate a meeting	2999
to develop or review the family's service coordination plan and	3000
allows the family to invite a family advocate, mentor, or support	3001
person of the family's choice to participate in any such meeting;	3002

(4) A procedure for ensuring that a family service	3003
coordination plan meeting is conducted before a non-emergency	3004
out-of-home placement for all multi-need children, or within ten	3005
days of a placement for emergency placements of multi-need	3006
children. The family service coordination plan shall outline how	3007
the county council members will jointly pay for services, where	3008
applicable, and provide services in the least restrictive	3009
environment.	3010

(5) A procedure for monitoring the progress and tracking the	3011
outcomes of each service coordination plan requested in the county	3012
including monitoring and tracking children in out-of-home	3013
placements to assure continued progress, appropriateness of	3014
placement, and continuity of care after discharge from placement	3015
with appropriate arrangements for housing, treatment, and	3016
education.	3017

(6) A procedure for protecting the confidentiality of all	3018
personal family information disclosed during service coordination	3019
meetings or contained in the comprehensive family service	3020
coordination plan.	3021

(7) A procedure for assessing the ~~service~~ needs and strengths	3022
of ~~the family of~~ any child or family that has been referred to the	3023
council for service coordination, including a child ~~who is an~~	3024
~~abused, neglected, dependent, unruly, or delinquent child and~~	3025
~~under the jurisdiction of the juvenile court or a child~~ whose	3026
parent or custodian is voluntarily seeking services, and for	3027
ensuring that parents and custodians are afforded the opportunity	3028
to participate;	3029

~~(3)~~(8) A procedure for development of a ~~comprehensivejoint~~	3030
family service coordination plan described in division (D) of this	3031
section;	3032

~~(4)~~(9) A local dispute resolution process to serve as the	3033
process that must be used first to resolve disputes among the	3034
agencies represented on the county council concerning the	3035
provision of services to children, including children who are	3036
abused, neglected, dependent, unruly, alleged unruly, or	3037
delinquent children and under the jurisdiction of the juvenile	3038
court and children whose parents or custodians are voluntarily	3039
seeking services. The local dispute resolution process shall	3040
comply with section 121.38 of the Revised Code. ~~The~~The local	3041
dispute resolution process shall be used to resolve disputes	3042
between a child's parents or custodians and the county council	3043
regarding service coordination. The county council shall inform	3044
the parents or custodians of their right to use the dispute	3045
resolution process. Parents or custodians shall use existing local	3046
agency grievance procedures to address disputes not involving	3047
service coordination. The dispute resolution process is in	3048
addition to and does not replace other rights or procedures that	3049
parents or custodians may have under other sections of the Revised	3050
Code.	3051

The cabinet council shall adopt rules in accordance with	3052
Chapter 119. of the Revised Code establishing an administrative	3053
review process to address problems that arise concerning the	3054
operation of a local dispute resolution process.	3055

Nothing in division (C)(4) of this section shall be	3056
interpreted as overriding or affecting decisions of a juvenile	3057
court regarding an out-of-home placement, long-term placement, or	3058
emergency out-of-home placement.	3059

(D) Each county shall develop a comprehensive ~~joint~~family	3060
service coordination plan that does ~~both~~all of the following:	3061

(1) Designates service responsibilities among the various	3062
state and local agencies that provide services to children and	3063
their families, including children who are abused, neglected,	3064
dependent, unruly, or delinquent children and under the	3065
jurisdiction of the juvenile court and children whose parents or	3066
custodians are voluntarily seeking services;	3067

(2) Designates an individual, approved by the family, to	3068
track the progress of the family service coordination plan,	3069
schedule reviews as necessary, and facilitate the family service	3070
coordination plan meeting process;	3071

(3) Ensures that assistance and services to be provided are	3072
responsive to the strengths and needs of the family, as well as	3073
the family's culture, race, and ethnic group, by allowing the	3074
family to offer information and suggestions and participate in	3075
decisions. Identified assistance and services shall be provided in	3076
the least restrictive environment possible.	3077

(4) Includes a ~~service coordination~~ process for dealing with	3078
a child who is alleged to be an unruly child. The ~~service~~	3079
~~coordination~~ process shall include methods to divert the child	3080
from the juvenile court system;	3081

(5) Includes timelines for completion of goals specified in	3082
the plan with regular reviews scheduled to monitor progress toward	3083
those goals;	3084

(6) Includes a plan for dealing with short-term crisis	3085
situations and safety concerns.	3086

(E)(1) The ~~service coordination~~ process provided for under	3087
division (D)~~(2)~~(4) of this section may include, but is not limited	3088
to, the following:	3089

(a) ~~An assessment of the needs and strengths of the child and~~	3090
~~the child's family and the services the child and the child's~~	3091
~~family need;~~	3092

~~(b)~~ Designation of the person or agency to conduct the	3093
assessment of the child and the child's family as described in	3094
division ~~(E)(1)(a)~~(C)(7) of this section and designation of the	3095
instrument or instruments to be used to conduct the assessment;	3096

~~(c) Designation of the agency to provide case management~~	3097
~~services to the child and to the child's family;~~	3098

~~(d)~~(b) An emphasis on the personal responsibilities of the	3099
child and the parental responsibilities of the parents, guardian,	3100
or custodian of the child;	3101

~~(e)~~(c) Involvement of local law enforcement agencies and	3102
officials.	3103

(2) The method to divert a child from the juvenile court	3104
system that must be included in the service coordination process	3105
may include, but is not limited to, the following:	3106

(a) The preparation of a complaint under section 2151.27 of	3107
the Revised Code alleging that the child is an unruly child and	3108
notifying the child and the parents, guardian, or custodian that	3109
the complaint has been prepared to encourage the child and the	3110
parents, guardian, or custodian to comply with other methods to	3111
divert the child from the juvenile court system;	3112

(b) Conducting a meeting with the child, the parents,	3113
guardian, or custodian, and other interested parties to determine	3114
the appropriate methods to divert the child from the juvenile	3115
court system;	3116

(c) ~~A method for dealing with short-term crisis situations~~	3117
~~involving a confrontation between the child and the parents,~~	3118
~~guardian, or custodian;~~	3119

~~(d)~~ A method to provide to the child and the child's family a	3120
short-term respite from a short-term crisis situation involving a	3121
confrontation between the child and the parents, guardian, or	3122
custodian;	3123

~~(e)~~(d) A program to provide a mentor to the child or the	3124
parents, guardian, or custodian;	3125

~~(f)~~(e) A program to provide parenting education to the	3126
parents, guardian, or custodian;	3127

~~(g)~~(f) An alternative school program for children who are	3128
truant from school, repeatedly disruptive in school, or suspended	3129
or expelled from school;	3130

~~(h)~~(g) Other appropriate measures, including, but not limited	3131
to, any alternative methods to divert a child from the juvenile	3132
court system that are identified by the Ohio family and children	3133
first cabinet council.	3134

(F) Each county may review and revise the service	3135
coordination process described in division (D)~~(2)~~ of this section	3136
based on the availability of funds under Title IV-A of the "Social	3137
Security Act," 110 Stat. 2113 (1996), 42 U.S.C.A. 601, as amended,	3138
or to the extent resources are available from any other federal,	3139
state, or local funds.	3140

Sec. 121.373. There is hereby created in the state treasury	3141
the family and children first administration fund. The fund shall	3142
consist of money that the director of budget and management	3143
transfers from one or more funds of one or more agencies	3144
represented on the Ohio family and children first cabinet council.	3145
The director may transfer only money that state or federal law	3146
permits to be used for the cabinet council's administrative costs.	3147
Money in the fund shall be used to pay the cabinet council's	3148
administrative costs.	3149

Sec. 121.38. (A) An agency represented on a county family	3150
and children first council that disagrees with the council's	3151
decision concerning the services or funding for services a child	3152
is to receive from agencies represented on the council may	3153
initiate the local dispute resolution process established in the	3154
county service coordination mechanism applicable to the council.	3155
On completion of the process, the decision maker designated in the	3156
mechanism shall issue a written determination that directs one or	3157
more agencies represented on the council to provide services or	3158
funding for services to the child. The determination shall include	3159
a plan of care governing the manner in which the services or	3160
funding are to be provided. The decision maker shall base the plan	3161
of care on the ~~comprehensive joint~~family service coordination	3162
plan developed as part of the county's service coordination	3163
mechanism and on evidence presented during the local dispute	3164
resolution process. The decision maker may require an agency to	3165
provide services or funding only if the child's condition or needs	3166
qualify the child for services under the laws governing the	3167
agency.	3168

(B) An agency subject to a determination issued pursuant to a	3169
local dispute resolution process shall immediately comply with the	3170
determination, unless the agency objects to the determination by	3171
doing one of the following not later than seven days after the	3172
date the written determination is issued:	3173

(1) If the child has been alleged or adjudicated to be an	3174
abused, neglected, dependent, unruly, or delinquent child or a	3175
juvenile traffic offender, filing in the juvenile court of the	3176
county having jurisdiction over the child's case a motion	3177
requesting that the court hold a hearing to determine which	3178
agencies are to provide services or funding for services to the	3179
child.	3180

(2) If the child is not a child described in division (B)(1)	3181
of this section, filing in the juvenile court of the county served	3182
by the county council a complaint objecting to the determination.	3183

The court shall hold a hearing as soon as possible, but not	3184
later than ninety days after the motion or complaint is filed. At	3185
least five days before the date on which the court hearing is to	3186
be held, the court shall send each agency subject to the	3187
determination written notice by first class mail of the date,	3188
time, place, and purpose of the court hearing. In the case of a	3189
motion filed under division (B)(1) of this section, the court may	3190
conduct the hearing as part of the adjudicatory or dispositional	3191
hearing concerning the child, if appropriate, and shall provide	3192
notice as required for those hearings.	3193

Except in cases in which the hearing is conducted as part of	3194
the adjudicatory or dispositional hearing, a hearing held pursuant	3195
to this division shall be limited to a determination of which	3196
agencies are to provide services or funding for services to the	3197
child. At the conclusion of the hearing, the court shall issue an	3198
order directing one or more agencies represented on the county	3199
council to provide services or funding for services to the child.	3200
The order shall include a plan of care governing the manner in	3201
which the services or funding are to be provided. The court shall	3202
base the plan of care on the ~~comprehensive joint~~family service	3203
coordination plan developed as part of the county's service	3204
coordination plan and on evidence presented during the hearing. An	3205
agency required by the order to provide services or funding shall	3206
be a party to any juvenile court proceeding concerning the child.	3207
The court may require an agency to provide services or funding for	3208
a child only if the child's condition or needs qualify the child	3209
for services under the laws governing the agency.	3210

(C) While the local dispute resolution process or court	3211
proceedings pursuant to this section are pending, each agency	3212
shall provide services and funding as required by the decision	3213
made by the county council before dispute resolution was	3214
initiated. If an agency that provides services or funds during the	3215
local dispute resolution process or court proceedings is	3216
determined through the process or proceedings not to be	3217
responsible for providing them, it shall be reimbursed for the	3218
costs of providing the services or funding by the agencies	3219
determined to be responsible for providing them.	3220

Sec. 121.381. A parent or custodian who disagrees with a	3221
decision rendered by a county family and children first council	3222
regarding services for a child may initiate the dispute resolution	3223
process established in the county service coordination mechanism	3224
pursuant to division (C)(10) of section 121.37 of the Revised	3225
Code.	3226

Not later than sixty days after the parent or custodian	3227
initiates the dispute resolution process, the council shall make	3228
findings regarding the dispute and issue a written determination	3229
of its findings.	3230

Sec. 121.382. Each agency represented on a county family and	3231
children first council that is providing services or funding for	3232
services that are the subject of the dispute resolution process	3233
initiated by a parent or custodian under section 121.381 of the	3234
Revised Code shall continue to provide those services and the	3235
funding for those services during the dispute resolution process.	3236

Sec. 121.403. (A) The Ohio community service council may do	3237
any of the following:	3238

(1) Accept monetary gifts or donations;

3239

(2) Sponsor conferences, meetings, or events in furtherance	3240
of the council's purpose described in section 121.40 of the	3241
Revised Code and charge fees for participation or involvement in	3242
the conferences, meetings, or events;	3243

(3) Sell promotional items in furtherance of the council's	3244
purpose described in section 121.40 of the Revised Code.	3245

(B) All monetary gifts and donations, funds from the sale of	3246
promotional items, and any fees paid to the council for	3247
conferences, meetings, or events sponsored by the council shall be	3248
deposited into the Ohio community service council gifts and	3249
donations fund, which is hereby created in the state treasury.	3250
Moneys in the fund may be used only as follows:	3251

(1) To pay operating expenses of the council, including	3252
payroll, personal services, maintenance, equipment, and subsidy	3253
payments;	3254

(2) To support council programs promoting volunteerism and	3255
community service in the state;	3256

(3) As matching funds for federal grants.

3257

Sec. 122.011. (A) The department of development shall	3258
develop and promote plans and programs designed to assure that	3259
state resources are efficiently used, economic growth is properly	3260
balanced, community growth is developed in an orderly manner, and	3261
local governments are coordinated with each other and the state,	3262
and for such purposes may do all of the following:	3263

(1) Serve as a clearinghouse for information, data, and other	3264
materials that may be helpful or necessary to persons or local	3265
governments, as provided in section 122.07 of the Revised Code;	3266

(2) Prepare and activate plans for the retention,	3267
development, expansion, and use of the resources and commerce of	3268
the state, as provided in section 122.04 of the Revised Code;	3269

(3) Assist and cooperate with federal, state, and local	3270
governments and agencies of federal, state, and local governments	3271
in the coordination of programs to carry out the functions and	3272
duties of the department;	3273

(4) Encourage and foster research and development activities,	3274
conduct studies related to the solution of community problems, and	3275
develop recommendations for administrative or legislative actions,	3276
as provided in section 122.03 of the Revised Code;	3277

(5) Serve as the economic and community development planning	3278
agency, which shall prepare and recommend plans and programs for	3279
the orderly growth and development of this state and which shall	3280
provide planning assistance, as provided in section 122.06 of the	3281
Revised Code;	3282

(6) Cooperate with and provide technical assistance to state	3283
departments, political subdivisions, regional and local planning	3284
commissions, tourist associations, councils of government,	3285
community development groups, community action agencies, and other	3286
appropriate organizations for carrying out the functions and	3287
duties of the department or for the solution of community	3288
problems;	3289

(7) Coordinate the activities of state agencies that have an	3290
impact on carrying out the functions and duties of the department;	3291

(8) Encourage and assist the efforts of and cooperate with	3292
local governments to develop mutual and cooperative solutions to	3293
their common problems that relate to carrying out the purposes of	3294
this section;	3295

(9) Study existing structure, operations, and financing of	3296
regional or local government and those state activities that	3297
involve significant relations with regional or local governmental	3298
units, recommend to the governor and to the general assembly such	3299
changes in these provisions and activities as will improve the	3300
operations of regional or local government, and conduct other	3301
studies of legal provisions that affect problems related to	3302
carrying out the purposes of this section;	3303

(10) Create and operate a division of community development	3304
to develop and administer programs and activities that are	3305
authorized by federal statute or the Revised Code;	3306

(11) Until October 15, ~~2005~~2007, establish fees and charges,	3307
in consultation with the director of agriculture, for purchasing	3308
loans from financial institutions and providing loan guarantees	3309
under the family farm loan program created under sections 901.80	3310
to 901.83 of the Revised Code;	3311

(12) Provide loan servicing for the loans purchased and loan	3312
guarantees provided under section 901.80 of the Revised Code as	3313
that section existed prior to October 15, ~~2005~~2007;	3314

(13) Until October 15, ~~2005~~2007, and upon approval by the	3315
controlling board under division (A)(3) of section 901.82 of the	3316
Revised Code of the release of money to be used for purchasing a	3317
loan or providing a loan guarantee, request the release of that	3318
money in accordance with division (B) of section 166.03 of the	3319
Revised Code for use for the purposes of the fund created by	3320
section 166.031 of the Revised Code.	3321

(B) The director of development may request the attorney	3322
general to, and the attorney general, in accordance with section	3323
109.02 of the Revised Code, shall bring a civil action in any	3324
court of competent jurisdiction. The director may be sued in the	3325
director's official capacity, in connection with this chapter, in	3326
accordance with Chapter 2743. of the Revised Code.	3327

Sec. 122.075. (A) As used in this section:

3328

(1) "Alternative fuel" means blended biodiesel or blended	3329
gasoline.	3330

(2) "Biodiesel" means a mono-alkyl ester combustible liquid	3331
fuel that is derived from vegetable oils or animal fats, or any	3332
combination of those reagents, and that meets American society for	3333
testing and materials specification D6751-03a for biodiesel fuel	3334
(B100) blend stock distillate fuels.	3335

(3) "Diesel fuel" and "gasoline" have the same meanings as in	3336
section 5735.01 of the Revised Code.	3337

(4) "Ethanol" has the same meaning as in section 5733.46 of	3338
the Revised Code.	3339

(5) "Blended biodiesel" means diesel fuel containing at least	3340
twenty per cent biodiesel by volume.	3341

(6) "Blended gasoline" means gasoline containing at least	3342
eighty-five per cent ethanol by volume.	3343

(7) "Incremental cost" means either of the following:

3344

(a) The difference in cost between blended gasoline and	3345
gasoline containing ten per cent or less ethanol at the time that	3346
the blended gasoline is purchased;	3347

(b) The difference in cost between blended biodiesel and	3348
diesel fuel containing two per cent or less biodiesel at the time	3349
that the blended biodiesel is purchased.	3350

(B) For the purpose of improving the air quality in this	3351
state, the director of development shall establish an alternative	3352
fuel transportation grant program under which the director may	3353
make grants to businesses, nonprofit organizations, public school	3354
systems, or local governments for the purchase and installation of	3355
alternative fuel refueling facilities and for the purchase and use	3356
of alternative fuel.	3357

(C) The director shall adopt rules in accordance with Chapter	3358
119. of the Revised Code that are necessary for the administration	3359
of the alternative fuel transportation grant program. The rules	3360
shall establish at least all of the following:	3361

(1) An application form and procedures governing the	3362
application process for a grant under the program;	3363

(2) A procedure for prioritizing the award of grants under	3364
the program;	3365

(3) A requirement that the maximum grant for the purchase and	3366
installation of an alternative fuel refueling facility be no more	3367
than fifty per cent of the cost of the facility;	3368

(4) A requirement that the maximum grant for the purchase of	3369
alternative fuel be no more than fifty per cent of the incremental	3370
cost of the fuel;	3371

(5) Any other criteria, procedures, or guidelines that the	3372
director determines are necessary to administer the program.	3373

(D) There is hereby created in the state treasury the	3374
alternative fuel transportation grant fund. The fund shall consist	3375
of money as may be specified by the general assembly from the	3376
energy efficiency revolving loan fund created by section 4928.61	3377
of the Revised Code. Money in the fund shall be used to make	3378
grants under the alternative fuel transportation grant program and	3379
by the director in the administration of that program.	3380

Sec. 122.083. (A) The director of development shall	3381
administer a shovel ready sites program to provide grants for	3382
projects to port authorities and development entities approved by	3383
the director. Grants may be used to pay the costs of any or all of	3384
the following:	3385

(1) Acquisition of property, including options;

3386

(2) Preparation of sites, including brownfield clean-up	3387
activities;	3388

(3) Construction of road, water, telecommunication, and	3389
utility infrastructure;	3390

(4) Payment of professional fees the amount of which shall	3391
not exceed twenty per cent of the grant amount for a project.	3392

(B) The director shall adopt rules in accordance with Chapter	3393
119. of the Revised Code that establish procedures and	3394
requirements necessary for the administration of the program,	3395
including a requirement that a recipient of a grant enter into an	3396
agreement with the director governing the use of the grant.	3397

(C) There is hereby created in the state treasury the shovel	3398
ready sites fund consisting of money appropriated to it. Money in	3399
the fund shall be used solely for the purposes of this section.	3400

Sec. 122.12. As used in this section and in section 122.121	3401
of the Revised Code:	3402

(A) "Direct costs" means total administrative operations	3403
spending plus total visitor spending.	3404

(B) "Eligible event" means an event that meets all of the	3405
following criteria:	3406

(1) It is held for a period not to exceed seven consecutive	3407
days.	3408

(2) It is either an amateur sporting event not regularly held	3409
in this state or a professional sporting event not affiliated	3410
exclusively with a franchise of the national football league,	3411
major league baseball, the national basketball association, the	3412
national hockey league, or major league soccer.	3413

(3) It is administered or managed by a sports commission or	3414
convention and visitors bureau domiciled in this state.	3415

(C) "Sports commission" means a nonprofit corporation	3416
organized under the laws of this state that is entitled to tax	3417
exempt status under section 501(c)(3), 501(c)(4), or 501(c)(6) of	3418
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.	3419
501, as amended, and whose function is to attract, promote, or	3420
sponsor sports and athletic events within a municipal corporation,	3421
township, or county.	3422

(D) "Total administrative operations spending" means the	3423
total amount of administrative costs related to conducting an	3424
eligible event by a sports commission or convention and visitors	3425
bureau as estimated in a grant application submitted under section	3426
122.121 of the Revised Code.	3427

(E) "Total visitor spending" means the number of attendees of	3428
an eligible event from outside this state as estimated in a grant	3429
application submitted under section 122.121 of the Revised Code	3430
multiplied by the number of days the eligible event is to take	3431
place and then multiplied by one hundred fifty dollars.	3432

Sec. 122.121. (A) The director of development shall approve	3433
grants in accordance with this section for the purpose of	3434
providing financial assistance to eligible events from money	3435
appropriated for that purpose. An applicant for a grant under this	3436
section shall submit an application to the director on a form and	3437
in a manner prescribed by the director. An application shall	3438
include estimates of total administrative operations spending and	3439
the total number of persons from outside this state that are	3440
expected to attend the eligible event. Not later than thirty days	3441
after receipt of an application, the director shall approve or	3442
disapprove the application in accordance with procedures	3443
established by the director. The director shall not approve an	3444
application until the applicant has submitted a formal letter of	3445
commitment from the organizer of the eligible event for which the	3446
application was submitted. If a grant application is approved, the	3447
grant money shall be paid directly to the sports commission or	3448
convention and visitors bureau that applied for the grant.	3449

(B) Grants approved by the director shall comply with all of	3450
the following requirements:	3451

(1) No one sports commission or convention and visitors	3452
bureau shall receive more than forty per cent of the total money	3453
awarded in grants in any given calendar year.	3454

(2) No one eligible event shall receive more than thirty per	3455
cent of the total money awarded in grants in any given calendar	3456
year.	3457

(3) A grant for an eligible event shall comprise not more	3458
than two per cent of the direct costs associated with conducting	3459
the eligible event or, if the eligible event is or is scheduled to	3460
be televised nationally, not more than two and one-half per cent	3461
of the direct costs associated with conducting the eligible event.	3462

(4) Money from a grant awarded under this section shall not	3463
be spent on costs other than costs associated with marketing,	3464
eligible event operations, facility costs, and any bid fee or	3465
financial guarantee that is required to secure the eligible event.	3466

(C) The director may request a sports commission or	3467
convention and visitors bureau to submit the results of the most	3468
recent audit of the sports commission or bureau, if available.	3469

(D) Not later than ninety days after an eligible event for	3470
which a grant has been issued under this section has been	3471
conducted, the sports commission or convention and visitors bureau	3472
that received the grant shall submit a report to the director in a	3473
form and manner prescribed by the director detailing attendance	3474
statistics, spending receipts, and any other information that is	3475
determined to be necessary by the director.	3476

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

3477

(1) "Full-time employee" means an individual who is employed	3478
for consideration for at least thirty-five hours a week, or who	3479
renders any other standard of service generally accepted by custom	3480
or specified by contract as full-time employment.	3481

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

3482

(a) A full-time employee first employed by a taxpayer in the	3483
project that is the subject of the agreement after the taxpayer	3484
enters into a tax credit agreement with the tax credit authority	3485
under this section;	3486

(b) A full-time employee first employed by a taxpayer in the	3487
project that is the subject of the tax credit after the tax credit	3488
authority approves a project for a tax credit under this section	3489
in a public meeting, as long as the taxpayer enters into the tax	3490
credit agreement prepared by the department of development after	3491
such meeting within sixty days after receiving the agreement from	3492
the department. If the taxpayer fails to enter into the agreement	3493
within sixty days, "new employee" has the same meaning as under	3494
division (A)(2)(a) of this section.	3495

Under division (A)(2)(a) or (b) of this section, if the tax	3496
credit authority determines it appropriate, "new employee" also	3497
may include an employee re-hired or called back from lay-off to	3498
work in a new facility or on a new product or service established	3499
or produced by the taxpayer after entering into the agreement	3500
under this section or after the tax credit authority approves the	3501
tax credit in a public meeting. Except as otherwise provided in	3502
this paragraph, "new employee" does not include any employee of	3503
the taxpayer who was previously employed in this state by a	3504
related member of the taxpayer and whose employment was shifted to	3505
the taxpayer after the taxpayer entered into the tax credit	3506
agreement or after the tax credit authority approved the credit in	3507
a public meeting, or any employee of the taxpayer for which the	3508
taxpayer has been granted a certificate under division (B) of	3509
section 5709.66 of the Revised Code. However, if the taxpayer is	3510
engaged in the enrichment and commercialization of uranium or	3511
uranium products or is engaged in research and development	3512
activities related thereto and if the tax credit authority	3513
determines it appropriate, "new employee" may include an employee	3514
of the taxpayer who was previously employed in this state by a	3515
related member of the taxpayer and whose employment was shifted to	3516
the taxpayer after the taxpayer entered into the tax credit	3517
agreement or after the tax credit authority approved the credit in	3518
a public meeting. "New employee" does not include an employee of	3519
the taxpayer who is employed in an employment position that was	3520
relocated to a project from other operations of the taxpayer in	3521
this state or from operations of a related member of the taxpayer	3522
in this state. In addition, "new employee" does not include a	3523
child, grandchild, parent, or spouse, other than a spouse who is	3524
legally separated from the individual, of any individual who is an	3525
employee of the taxpayer and who has a direct or indirect	3526
ownership interest of at least five per cent in the profits,	3527
capital, or value of the taxpayer. Such ownership interest shall	3528
be determined in accordance with section 1563 of the Internal	3529
Revenue Code and regulations prescribed thereunder.	3530

(3) "New income tax revenue" means the total amount withheld	3531
under section 5747.06 of the Revised Code by the taxpayer during	3532
the taxable year, or during the calendar year that includes the	3533
tax period, from the compensation of new employees for the tax	3534
levied under Chapter 5747. of the Revised Code.	3535

(4) "Related member" has the same meaning as under division	3536
(A)(6) of section 5733.042 of the Revised Code without regard to	3537
division (B) of that section.	3538

(B) The tax credit authority may make grants under this	3539
section to foster job creation in this state. Such a grant shall	3540
take the form of a refundable credit allowed against the tax	3541
imposed by section 5733.06 or 5747.02 or levied under Chapter	3542
5751. of the Revised Code. The credit shall be claimed for the	3543
taxable years or tax periods specified in the taxpayer's agreement	3544
with the tax credit authority under division (D) of this section.	3545
The credit shall be claimed ~~after the allowance of all other~~	3546
~~credits provided by Chapter 5733. or 5747.~~in the order required	3547
under section 5733.98, 5747.98, or 5751.98 of the Revised Code.	3548
The amount of the credit available for a taxable year or for a	3549
calendar year that includes a tax period equals the new income tax	3550
revenue for ~~the taxable~~that year multiplied by the percentage	3551
specified in the agreement with the tax credit authority. Any	3552
credit granted under this section against the tax imposed by	3553
section 5733.06 or 5747.02 of the Revised Code, to the extent not	3554
fully utilized against such tax for taxable years ending prior to	3555
2008, shall automatically be converted without any action taken by	3556
the tax credit authority to a credit against the tax levied under	3557
Chapter 5751. of the Revised Code for tax periods beginning on or	3558
after July 1, 2008, provided that the person to whom the credit	3559
was granted is subject to such tax. The converted credit shall	3560
apply to those calendar years in which the remaining taxable years	3561
specified in the agreement end.	3562

(C) A taxpayer or potential taxpayer who proposes a project	3563
to create new jobs in this state may apply to the tax credit	3564
authority to enter into an agreement for a tax credit under this	3565
section. The director of development shall prescribe the form of	3566
the application. After receipt of an application, the authority	3567
may enter into an agreement with the taxpayer for a credit under	3568
this section if it determines all of the following:	3569

(1) The taxpayer's project will create new jobs in this	3570
state;	3571

(2) The taxpayer's project is economically sound and will	3572
benefit the people of this state by increasing opportunities for	3573
employment and strengthening the economy of this state;	3574

(3) Receiving the tax credit is a major factor in the	3575
taxpayer's decision to go forward with the project.	3576

(D) An agreement under this section shall include all of the	3577
following:	3578

(1) A detailed description of the project that is the subject	3579
of the agreement;	3580

(2) The term of the tax credit, which shall not exceed	3581
fifteen years, and the first taxable year, or first calendar year	3582
that includes a tax period, for which the credit may be claimed;	3583

(3) A requirement that the taxpayer shall maintain operations	3584
at the project location for at least twice the number of years as	3585
the term of the tax credit;	3586

(4) The percentage, as determined by the tax credit	3587
authority, of new income tax revenue that will be allowed as the	3588
amount of the credit for each taxable year or for each calendar	3589
year that includes a tax period;	3590

(5) A specific method for determining how many new employees	3591
are employed during a taxable year or during a calendar year that	3592
includes a tax period;	3593

(6) A requirement that the taxpayer annually shall report to	3594
the director of development the number of new employees, the new	3595
income tax revenue withheld in connection with the new employees,	3596
and any other information the director needs to perform the	3597
director's duties under this section;	3598

(7) A requirement that the director of development annually	3599
shall verify the amounts reported under division (D)(6) of this	3600
section, and after doing so shall issue a certificate to the	3601
taxpayer stating that the amounts have been verified;	3602

(8)(a) A provision requiring that the taxpayer, except as	3603
otherwise provided in division (D)(8)(b) of this section, shall	3604
not relocate employment positions from elsewhere in this state to	3605
the project site that is the subject of the agreement for the	3606
lesser of five years from the date the agreement is entered into	3607
or the number of years the taxpayer is entitled to claim the tax	3608
credit.	3609

(b) The taxpayer may relocate employment positions from	3610
elsewhere in this state to the project site that is the subject of	3611
the agreement if the director of development determines both of	3612
the following:	3613

(i) That the site from which the employment positions would	3614
be relocated is inadequate to meet market and industry conditions,	3615
expansion plans, consolidation plans, or other business	3616
considerations affecting the taxpayer;	3617

(ii) That the legislative authority of the county, township,	3618
or municipal corporation from which the employment positions would	3619
be relocated has been notified of the relocation.	3620

For purposes of this section, the movement of an employment	3621
position from one political subdivision to another political	3622
subdivision shall be considered a relocation of an employment	3623
position, but the transfer of an individual employee from one	3624
political subdivision to another political subdivision shall not	3625
be considered a relocation of an employment position as long as	3626
the individual's employment position in the first political	3627
subdivision is refilled.	3628

(E) If a taxpayer fails to meet or comply with any condition	3629
or requirement set forth in a tax credit agreement, the tax credit	3630
authority may amend the agreement to reduce the percentage or term	3631
of the tax credit. The reduction of the percentage or term shall	3632
take effect in the taxable year immediately following the taxable	3633
year in which the authority amends the agreement or in the first	3634
tax period beginning in the calendar year immediately following	3635
the calendar year in which the authority amends the agreement. If	3636
the taxpayer relocates employment positions in violation of the	3637
provision required under division (D)(8)(a) of this section, the	3638
taxpayer shall not claim the tax credit under section 5733.0610 of	3639
the Revised Code for any tax years following the calendar year in	3640
which the relocation occurs, or shall not claim the tax credit	3641
under section 5725.32, 5729.032, or 5747.058 of the Revised Code	3642
for the taxable year in which the relocation occurs and any	3643
subsequent taxable years, and shall not claim the tax credit under	3644
division (A) of section 5751.50 of the Revised Code for any tax	3645
period in the calendar year in which the relocation occurs and any	3646
subsequent tax periods.	3647

(F) Projects that consist solely of point-of-final-purchase	3648
retail facilities are not eligible for a tax credit under this	3649
section. If a project consists of both point-of-final-purchase	3650
retail facilities and nonretail facilities, only the portion of	3651
the project consisting of the nonretail facilities is eligible for	3652
a tax credit and only the new income tax revenue from new	3653
employees of the nonretail facilities shall be considered when	3654
computing the amount of the tax credit. If a warehouse facility is	3655
part of a point-of-final-purchase retail facility and supplies	3656
only that facility, the warehouse facility is not eligible for a	3657
tax credit. Catalog distribution centers are not considered	3658
point-of-final-purchase retail facilities for the purposes of this	3659
division, and are eligible for tax credits under this section.	3660

(G) Financial statements and other information submitted to	3661
the department of development or the tax credit authority by an	3662
applicant or recipient of a tax credit under this section, and any	3663
information taken for any purpose from such statements or	3664
information, are not public records subject to section 149.43 of	3665
the Revised Code. However, the chairperson of the authority may	3666
make use of the statements and other information for purposes of	3667
issuing public reports or in connection with court proceedings	3668
concerning tax credit agreements under this section. Upon the	3669
request of the tax commissioner or, if the applicant or recipient	3670
is an insurance company, upon the request of the superintendent of	3671
insurance, the chairperson of the authority shall provide to the	3672
commissioner or superintendent any statement or information	3673
submitted by an applicant or recipient of a tax credit in	3674
connection with the credit. The commissioner or superintendent	3675
shall preserve the confidentiality of the statement or	3676
information.	3677

(H) A taxpayer claiming a credit under this section shall	3678
submit to the tax commissioner or, if the taxpayer is an insurance	3679
company, to the superintendent of insurance, a copy of the	3680
director of development's certificate of verification under	3681
division (D)(7) of this section for the taxable year or for the	3682
calendar year that includes the tax period. However, failure to	3683
submit a copy of the certificate does not invalidate a claim for a	3684
credit.	3685

(I) The director of development, after consultation with the	3686
tax commissioner and the superintendent of insurance and in	3687
accordance with Chapter 119. of the Revised Code, shall adopt	3688
rules necessary to implement this section. The rules may provide	3689
for recipients of tax credits under this section to be charged	3690
fees to cover administrative costs of the tax credit program. At	3691
the time the director gives public notice under division (A) of	3692
section 119.03 of the Revised Code of the adoption of the rules,	3693
the director shall submit copies of the proposed rules to the	3694
chairpersons of the standing committees on economic development in	3695
the senate and the house of representatives.	3696

(J) For the purposes of this section, a taxpayer may include	3697
a partnership, a corporation that has made an election under	3698
subchapter S of chapter one of subtitle A of the Internal Revenue	3699
Code, or any other business entity through which income flows as a	3700
distributive share to its owners. A credit received under this	3701
section by a partnership, S-corporation, or other such business	3702
entity shall be apportioned among the persons to whom the income	3703
or profit of the partnership, S-corporation, or other entity is	3704
distributed, in the same proportions as those in which the income	3705
or profit is distributed.	3706

(K) If the director of development determines that a taxpayer	3707
who has received a credit under this section is not complying with	3708
the requirement under division (D)(3) of this section, the	3709
director shall notify the tax credit authority of the	3710
noncompliance. After receiving such a notice, and after giving the	3711
taxpayer an opportunity to explain the noncompliance, the tax	3712
credit authority may require the taxpayer to refund to this state	3713
a portion of the credit in accordance with the following:	3714

(1) If the taxpayer maintained operations at the project	3715
location for at least one and one-half times the number of years	3716
of the term of the tax credit, an amount not exceeding twenty-five	3717
per cent of the sum of any previously allowed credits under this	3718
section;	3719

(2) If the taxpayer maintained operations at the project	3720
location for at least the number of years of the term of the tax	3721
credit, an amount not exceeding fifty per cent of the sum of any	3722
previously allowed credits under this section;	3723

(3) If the taxpayer maintained operations at the project	3724
location for less than the number of years of the term of the tax	3725
credit, an amount not exceeding one hundred per cent of the sum of	3726
any previously allowed credits under this section.	3727

In determining the portion of the tax credit to be refunded	3728
to this state, the tax credit authority shall consider the effect	3729
of market conditions on the taxpayer's project and whether the	3730
taxpayer continues to maintain other operations in this state.	3731
After making the determination, the authority shall certify the	3732
amount to be refunded to the tax commissioner or superintendent of	3733
insurance, as appropriate. ~~The~~If the amount is certified to the	3734
commissioner, the commissioner shall make an assessment for that	3735
amount against the taxpayer under Chapter 5733. or, 5747., or	3736
5751. of the Revised Code. If the amount is certified to the	3737
superintendent, the superintendent shall make an assessment for	3738
that amount against the taxpayer under Chapter 5725. or 5729. of	3739
the Revised Code. The time limitations on assessments under	3740
~~Chapter 5733. or 5747. of the Revised Code~~those chapters do not	3741
apply to an assessment under this division, but the commissioner	3742
or superintendent, as appropriate, shall make the assessment	3743
within one year after the date the authority certifies to the	3744
commissioner or superintendent the amount to be refunded.	3745

(L) On or before the thirty-first day of March each year, the	3746
director of development shall submit a report to the governor, the	3747
president of the senate, and the speaker of the house of	3748
representatives on the tax credit program under this section. The	3749
report shall include information on the number of agreements that	3750
were entered into under this section during the preceding calendar	3751
year, a description of the project that is the subject of each	3752
such agreement, and an update on the status of projects under	3753
agreements entered into before the preceding calendar year.	3754

~~During the fifth year of the tax credit program, the director~~	3755
~~of development in conjunction with the director of budget and~~	3756
~~management shall conduct an evaluation of it. The evaluation shall~~	3757
~~include assessments of the effectiveness of the program in~~	3758
~~creating new jobs in this state and of the revenue impact of the~~	3759
~~program, and may include a review of the practices and experiences~~	3760
~~of other states with similar programs. The director of development~~	3761
~~shall submit a report on the evaluation to the governor, the~~	3762
~~president of the senate, and the speaker of the house of~~	3763
~~representatives on or before January 1, 1998.~~	3764

(M) There is hereby created the tax credit authority, which	3765
consists of the director of development and four other members	3766
appointed as follows: the governor, the president of the senate,	3767
and the speaker of the house of representatives each shall appoint	3768
one member who shall be a specialist in economic development; the	3769
governor also shall appoint a member who is a specialist in	3770
taxation. Of the initial appointees, the members appointed by the	3771
governor shall serve a term of two years; the members appointed by	3772
the president of the senate and the speaker of the house of	3773
representatives shall serve a term of four years. Thereafter,	3774
terms of office shall be for four years. Initial appointments to	3775
the authority shall be made within thirty days after January 13,	3776
1993. Each member shall serve on the authority until the end of	3777
the term for which the member was appointed. Vacancies shall be	3778
filled in the same manner provided for original appointments. Any	3779
member appointed to fill a vacancy occurring prior to the	3780
expiration of the term for which the member's predecessor was	3781
appointed shall hold office for the remainder of that term.	3782
Members may be reappointed to the authority. Members of the	3783
authority shall receive their necessary and actual expenses while	3784
engaged in the business of the authority. The director of	3785
development shall serve as chairperson of the authority, and the	3786
members annually shall elect a vice-chairperson from among	3787
themselves. Three members of the authority constitute a quorum to	3788
transact and vote on the business of the authority. The majority	3789
vote of the membership of the authority is necessary to approve	3790
any such business, including the election of the vice-chairperson.	3791

The director of development may appoint a professional	3792
employee of the department of development to serve as the	3793
director's substitute at a meeting of the authority. The director	3794
shall make the appointment in writing. In the absence of the	3795
director from a meeting of the authority, the appointed substitute	3796
shall serve as chairperson. In the absence of both the director	3797
and the director's substitute from a meeting, the vice-chairperson	3798
shall serve as chairperson.	3799

(N) For purposes of the credits granted by this section	3800
against the taxes imposed under sections 5725.18 and 5729.03 of	3801
the Revised Code, "taxable year" means the period covered by the	3802
taxpayer's annual report.	3803

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

3804

(1) "Capital investment project" means a plan of investment	3805
at a project site for the acquisition, construction, renovation,	3806
or repair of buildings, machinery, or equipment, or for	3807
capitalized costs of basic research and new product development	3808
determined in accordance with generally accepted accounting	3809
principles, but does not include any of the following:	3810

(a) Payments made for the acquisition of personal property	3811
through operating leases;	3812

(b) Project costs paid before January 1, 2002~~, or after~~	3813
~~December 31, 2006~~;	3814

(c) Payments made to a related member as defined in section	3815
5733.042 of the Revised Code or to an elected consolidated	3816
taxpayer or a combined taxpayer as defined in section 5751.01 of	3817
the Revised Code.	3818

(2) "Eligible business" means a business with Ohio operations	3819
satisfying all of the following:	3820

(a) Employed an average of at least one thousand employees in	3821
full-time employment positions at a project site during each of	3822
the twelve months preceding the application for a tax credit under	3823
this section; and	3824

(b) On or after January 1, 2002, has made payments for the	3825
capital investment project of either of the following:	3826

(i) At least two hundred million dollars in the aggregate at	3827
the project site during a period of three consecutive calendar	3828
years including the calendar year that includes a day of the	3829
taxpayer's taxable year or tax period with respect to which the	3830
credit is granted;	3831

(ii) If the average wage of all full-time employment	3832
positions at the project site is greater than four hundred per	3833
cent of the federal minimum wage, at least one hundred million	3834
dollars in the aggregate at the project site during a period of	3835
three consecutive calendar years including the calendar year that	3836
includes a day of the taxpayer's taxable year or tax period with	3837
respect to which the credit is granted.	3838

(c) Is engaged at the project site primarily as a	3839
manufacturer or is providing significant corporate administrative	3840
functions;	3841

(d) Has had a capital investment project reviewed and	3842
approved by the tax credit authority as provided in divisions (C),	3843
(D), and (E) of this section.	3844

(3) "Full-time employment position" means a position of	3845
employment for consideration for at least thirty-five hours a week	3846
that has been filled for at least one hundred eighty days	3847
immediately preceding the filing of an application under this	3848
section and for at least one hundred eighty days during each	3849
taxable year or each calendar year that includes a tax period with	3850
respect to which the credit is granted.	3851

(4) "Manufacturer" has the same meaning as in section	3852
5739.011 of the Revised Code.	3853

(5) "Project site" means an integrated complex of facilities	3854
in this state, as specified by the tax credit authority under this	3855
section, within a fifteen-mile radius where a taxpayer is	3856
primarily operating as an eligible business.	3857

(6) "Applicable corporation" means a corporation satisfying	3858
all of the following:	3859

(a)(i) For the entire taxable year immediately preceding the	3860
tax year, the corporation develops software applications primarily	3861
to provide telecommunication billing and information services	3862
through outsourcing or licensing to domestic or international	3863
customers.	3864

(ii) Sales and licensing of software generated at least six	3865
hundred million dollars in revenue during the taxable year	3866
immediately preceding the tax year the corporation is first	3867
entitled to claim the credit provided under division (B) of this	3868
section.	3869

(b) For the entire taxable year immediately preceding the tax	3870
year, the corporation or one or more of its related members	3871
provides customer or employee care and technical support for	3872
clients through one or more contact centers within this state, and	3873
the corporation and its related members together have a daily	3874
average, based on a ~~three hundred sixty-five day~~	3875
three-hundred-sixty-five-day year, of at least five hundred	3876
thousand successful customer contacts through one or more of their	3877
contact centers, wherever located.	3878

(c) The corporation is eligible for the credit under division	3879
(B) of this section for the tax year.	3880

(7) "Related member" has the same meaning as in section	3881
5733.042 of the Revised Code as that section existed on the	3882
effective date of its amendment by Am. Sub. H.B. 215 of the 122nd	3883
general assembly, September 29, 1997.	3884

(8) "Successful customer contact" means a contact with an end	3885
user via telephone, including interactive voice recognition or	3886
similar means, where the contact culminates in a conversation or	3887
connection other than a busy signal or equipment busy.	3888

(9) "Telecommunications" means all forms of	3889
telecommunications service as defined in section 5739.01 of the	3890
Revised Code, and includes services in wireless, wireline, cable,	3891
broadband, internet protocol, and satellite.	3892

(10)(a) "Applicable difference" means the difference between	3893
the tax for the tax year under Chapter 5733. of the Revised Code	3894
applying the law in effect for that tax year, and the tax for that	3895
tax year if section 5733.042 of the Revised Code applied as that	3896
section existed on the effective date of its amendment by Am. Sub.	3897
H.B. 215 of the 122nd general assembly, September 29, 1997,	3898
subject to division (A)(10)(b) of this section.	3899

(b) If the tax rate set forth in division (B) of section	3900
5733.06 of the Revised Code for the tax year is less than eight	3901
and one-half per cent, the tax calculated under division	3902
(A)(10)(a) of this section shall be computed by substituting a tax	3903
rate of eight and one-half per cent for the rate set forth in	3904
division (B) of section 5733.06 of the Revised Code for the tax	3905
year.	3906

(c) If the resulting difference is negative, the applicable	3907
tax difference for the tax year shall be zero.	3908

(B) The tax credit authority created under section 122.17 of	3909
the Revised Code may grant tax credits under this section for the	3910
purpose of fostering job retention in this state. Upon application	3911
by an eligible business and upon consideration of the	3912
recommendation of the director of budget and management, tax	3913
commissioner, and director of development under division (C) of	3914
this section, the tax credit authority may grant to an eligible	3915
business a nonrefundable credit against the tax imposed by section	3916
5733.06 or 5747.02 or levied under Chapter 5751. of the Revised	3917
Code for a period up to fifteen taxable years and against the tax	3918
levied by Chapter 5751. of the Revised Code for a period of up to	3919
fifteen calendar years. The credit shall be in an amount not	3920
exceeding seventy-five per cent of the Ohio income tax withheld	3921
from the employees of the eligible business occupying full-time	3922
employment positions at the project site during the calendar year	3923
that includes the last day of such business' taxable year or tax	3924
period with respect to which the credit is granted. The amount of	3925
the credit shall not be based on the Ohio income tax withheld from	3926
full-time employees for a calendar year prior to the calendar year	3927
in which the minimum investment requirement referred to in	3928
division (A)(2)(b) of this section is completed. The credit shall	3929
be claimed only for the taxable years or tax periods specified in	3930
the eligible business' agreement with the tax credit authority	3931
under division (E) of this section, but in no event shall the	3932
credit be claimed for a taxable year or tax period terminating	3933
before the date specified in the agreement. Any credit granted	3934
under this section against the tax imposed by section 5733.06 or	3935
5747.02 of the Revised Code, to the extent not fully utilized	3936
against such tax for taxable years ending prior to 2008, shall	3937
automatically be converted without any action taken by the tax	3938
credit authority to a credit against the tax levied under Chapter	3939
5751. of the Revised Code for tax periods beginning on or after	3940
July 1, 2008, provided that the person to whom the credit was	3941
granted is subject to such tax. The converted credit shall apply	3942
to those calendar years in which the remaining taxable years	3943
specified in the agreement end.	3944

The credit computed under this division is in addition to any	3945
credit allowed under division (M) of this section which the tax	3946
credit authority may also include in the agreement.	3947

Any unused portion of a tax credit may be carried forward for	3948
not more than three additional years after the year for which the	3949
credit is granted.	3950

(C) A taxpayer that proposes a capital investment project to	3951
retain jobs in this state may apply to the tax credit authority to	3952
enter into an agreement for a tax credit under this section. The	3953
director of development shall prescribe the form of the	3954
application. After receipt of an application, the authority shall	3955
forward copies of the application to the director of budget and	3956
management, the tax commissioner, and the director of development,	3957
each of whom shall review the application to determine the	3958
economic impact the proposed project would have on the state and	3959
the affected political subdivisions and shall submit a summary of	3960
their determinations and recommendations to the authority. ~~The~~	3961
~~authority shall make no agreements under this section after June~~	3962
~~30, 2007.~~	3963

(D) Upon review of the determinations and recommendations	3964
described in division (C) of this section, the tax credit	3965
authority may enter into an agreement with the taxpayer for a	3966
credit under this section if the authority determines all of the	3967
following:	3968

(1) The taxpayer's capital investment project will result in	3969
the retention of full-time employment positions in this state.	3970

(2) The taxpayer is economically sound and has the ability to	3971
complete the proposed capital investment project.	3972

(3) The taxpayer intends to and has the ability to maintain	3973
operations at the project site for at least twice the term of the	3974
credit.	3975

(4) Receiving the credit is a major factor in the taxpayer's	3976
decision to begin, continue with, or complete the project.	3977

(5) The political subdivisions in which the project is	3978
located have agreed to provide substantial financial support to	3979
the project.	3980

(E) An agreement under this section shall include all of the	3981
following:	3982

(1) A detailed description of the project that is the subject	3983
of the agreement, including the amount of the investment, the	3984
period over which the investment has been or is being made, and	3985
the number of full-time employment positions at the project site.	3986

(2) The method of calculating the number of full-time	3987
employment positions as specified in division (A)(3) of this	3988
section.	3989

(3) The term and percentage of the tax credit, and the first	3990
year for which the credit may be claimed.	3991

(4) A requirement that the taxpayer maintain operations at	3992
the project site for at least twice the number of years as the	3993
term of the credit.	3994

(5) A requirement that the taxpayer retain a specified number	3995
of full-time employment positions at the project site and within	3996
this state for the term of the credit, including a requirement	3997
that the taxpayer continue to employ at least one thousand	3998
employees in full-time employment positions at the project site	3999
during the entire term of any agreement, subject to division	4000
(E)(7) of this section.	4001

(6) A requirement that the taxpayer annually report to the	4002
director of development the number of full-time employment	4003
positions subject to the credit, the amount of tax withheld from	4004
employees in those positions, the amount of the payments made for	4005
the capital investment project, and any other information the	4006
director needs to perform the director's duties under this	4007
section.	4008

(7) A requirement that the director of development annually	4009
review the annual reports of the taxpayer to verify the	4010
information reported under division (E)(6) of this section and	4011
compliance with the agreement. Upon verification, the director	4012
shall issue a certificate to the taxpayer stating that the	4013
information has been verified and identifying the amount of the	4014
credit for the taxable year. Unless otherwise specified by the tax	4015
credit authority in a resolution and included as part of the	4016
agreement, the director shall not issue a certificate for any year	4017
in which the total number of filled full-time employment positions	4018
for each day of the calendar year divided by three hundred	4019
sixty-five is less than ninety per cent of the full-time	4020
employment positions specified in division (E)(5) of this section.	4021
In determining the number of full-time employment positions, no	4022
position shall be counted that is filled by an employee who is	4023
included in the calculation of a tax credit under section 122.17	4024
of the Revised Code.	4025

(8)(a) A provision requiring that the taxpayer, except as	4026
otherwise provided in division (E)(8)(b) of this section, shall	4027
not relocate employment positions from elsewhere in this state to	4028
the project site that is the subject of the agreement for the	4029
lesser of five years from the date the agreement is entered into	4030
or the number of years the taxpayer is entitled to claim the	4031
credit.	4032

(b) The taxpayer may relocate employment positions from	4033
elsewhere in this state to the project site that is the subject of	4034
the agreement if the director of development determines both of	4035
the following:	4036

(i) That the site from which the employment positions would	4037
be relocated is inadequate to meet market and industry conditions,	4038
expansion plans, consolidation plans, or other business	4039
considerations affecting the taxpayer;	4040

(ii) That the legislative authority of the county, township,	4041
or municipal corporation from which the employment positions would	4042
be relocated has been notified of the relocation.	4043

For purposes of this section, the movement of an employment	4044
position from one political subdivision to another political	4045
subdivision shall be considered a relocation of an employment	4046
position unless the movement is confined to the project site. The	4047
transfer of an individual employee from one political subdivision	4048
to another political subdivision shall not be considered a	4049
relocation of an employment position as long as the individual's	4050
employment position in the first political subdivision is	4051
refilled.	4052

(9) A waiver by the taxpayer of any limitations periods	4053
relating to assessments or adjustments resulting from the	4054
taxpayer's failure to comply with the agreement.	4055

(F) If a taxpayer fails to meet or comply with any condition	4056
or requirement set forth in a tax credit agreement, the tax credit	4057
authority may amend the agreement to reduce the percentage or term	4058
of the credit. The reduction of the percentage or term shall take	4059
effect in the taxable year immediately following the taxable year	4060
in which the authority amends the agreement or in the first tax	4061
period beginning in the calendar year immediately following the	4062
calendar year in which the authority amends the agreement. If the	4063
taxpayer relocates employment positions in violation of the	4064
provision required under division (D)(8)(a) of this section, the	4065
taxpayer shall not claim the tax credit under section 5733.0610 of	4066
the Revised Code for any tax years following the calendar year in	4067
which the relocation occurs, or shall not claim the tax credit	4068
under section 5747.058 of the Revised Code for the taxable year in	4069
which the relocation occurs and any subsequent taxable years, and	4070
shall not claim the tax credit under division (A) of section	4071
5751.50 of the Revised Code for the tax period in which the	4072
relocation occurs and any subsequent tax periods.	4073

(G) Financial statements and other information submitted to	4074
the department of development or the tax credit authority by an	4075
applicant for or recipient of a tax credit under this section, and	4076
any information taken for any purpose from such statements or	4077
information, are not public records subject to section 149.43 of	4078
the Revised Code. However, the chairperson of the authority may	4079
make use of the statements and other information for purposes of	4080
issuing public reports or in connection with court proceedings	4081
concerning tax credit agreements under this section. Upon the	4082
request of the tax commissioner, the chairperson of the authority	4083
shall provide to the commissioner any statement or other	4084
information submitted by an applicant for or recipient of a tax	4085
credit in connection with the credit. The commissioner shall	4086
preserve the confidentiality of the statement or other	4087
information.	4088

(H) A taxpayer claiming a tax credit under this section shall	4089
submit to the tax commissioner a copy of the director of	4090
development's certificate of verification under division (E)(7) of	4091
this section for the taxable year or for the calendar year that	4092
includes the tax period. However, failure to submit a copy of the	4093
certificate does not invalidate a claim for a credit.	4094

(I) For the purposes of this section, a taxpayer may include	4095
a partnership, a corporation that has made an election under	4096
subchapter S of chapter one of subtitle A of the Internal Revenue	4097
Code, or any other business entity through which income flows as a	4098
distributive share to its owners. A tax credit received under this	4099
section by a partnership, S-corporation, or other such business	4100
entity shall be apportioned among the persons to whom the income	4101
or profit of the partnership, S-corporation, or other entity is	4102
distributed, in the same proportions as those in which the income	4103
or profit is distributed.	4104

(J) If the director of development determines that a taxpayer	4105
that received a tax credit under this section is not complying	4106
with the requirement under division (E)(4) of this section, the	4107
director shall notify the tax credit authority of the	4108
noncompliance. After receiving such a notice, and after giving the	4109
taxpayer an opportunity to explain the noncompliance, the	4110
authority may terminate the agreement and require the taxpayer to	4111
refund to the state all or a portion of the credit claimed in	4112
previous years, as follows:	4113

(1) If the taxpayer maintained operations at the project site	4114
for less than the term of the credit, the amount required to be	4115
refunded shall not exceed the amount of any tax credits previously	4116
allowed and received under this section.	4117

(2) If the taxpayer maintained operations at the project site	4118
longer than the term of the credit but less than one and one-half	4119
times the term of the credit, the amount required to be refunded	4120
shall not exceed fifty per cent of the sum of any tax credits	4121
previously allowed and received under this section.	4122

(3) If the taxpayer maintained operations at the project site	4123
for at least one and one-half times the term of the credit but	4124
less than twice the term of the credit, the amount required to be	4125
refunded shall not exceed twenty-five per cent of the sum of any	4126
tax credits previously allowed and received under this section.	4127

In determining the portion of the credit to be refunded to	4128
this state, the authority shall consider the effect of market	4129
conditions on the taxpayer's project and whether the taxpayer	4130
continues to maintain other operations in this state. After making	4131
the determination, the authority shall certify the amount to be	4132
refunded to the tax commissioner. The commissioner shall make an	4133
assessment for that amount against the taxpayer under Chapter	4134
5733. or, 5747., or 5751. of the Revised Code. The time	4135
limitations on assessments under ~~Chapter 5733. or 5747. of the~~	4136
~~Revised Code~~those chapters do not apply to an assessment under	4137
this division, but the commissioner shall make the assessment	4138
within one year after the date the authority certifies to the	4139
commissioner the amount to be refunded.	4140

If the director of development determines that a taxpayer	4141
that received a tax credit under this section has reduced the	4142
number of employees agreed to under division (E)(5) of this	4143
section by more than ten per cent, the director shall notify the	4144
tax credit authority of the noncompliance. After receiving such	4145
notice, and after providing the taxpayer an opportunity to explain	4146
the noncompliance, the authority may amend the agreement to reduce	4147
the percentage or term of the tax credit. The reduction in the	4148
percentage or term shall take effect in the taxable year, or in	4149
the calendar year that includes the tax period, in which the	4150
authority amends the agreement.	4151

(K) The director of development, after consultation with the	4152
tax commissioner and in accordance with Chapter 119. of the	4153
Revised Code, shall adopt rules necessary to implement this	4154
section. The rules may provide for recipients of tax credits under	4155
this section to be charged fees to cover administrative costs of	4156
the tax credit program. At the time the director gives public	4157
notice under division (A) of section 119.03 of the Revised Code of	4158
the adoption of the rules, the director shall submit copies of the	4159
proposed rules to the chairpersons of the standing committees on	4160
economic development in the senate and the house of	4161
representatives.	4162

(L) On or before the thirty-first day of March of each year,	4163
the director of development shall submit a report to the governor,	4164
the president of the senate, and the speaker of the house of	4165
representatives on the tax credit program under this section. The	4166
report shall include information on the number of agreements that	4167
were entered into under this section during the preceding calendar	4168
year, a description of the project that is the subject of each	4169
such agreement, and an update on the status of projects under	4170
agreements entered into before the preceding calendar year.	4171

(M)(1) A nonrefundable credit shall be allowed to an	4172
applicable corporation and its related members in an amount equal	4173
to the applicable difference. The credit is in addition to the	4174
credit granted to the corporation or related members under	4175
division (B) of this section. The credit is subject to divisions	4176
(B) to (E) and division (J) of this section.	4177

(2) A person qualifying as an applicable corporation under	4178
this section for a tax year does not necessarily qualify as an	4179
applicable corporation for any other tax year. No person is	4180
entitled to the credit allowed under division (M) of this section	4181
for the tax year immediately following the taxable year during	4182
which the person fails to meet the requirements in divisions	4183
(A)(6)(a)(i) and (A)(6)(b) of this section. No person is entitled	4184
to the credit allowed under division (M) of this section for any	4185
tax year for which the person is not eligible for the credit	4186
provided under division (B) of this section.	4187

Sec. 122.40. (A) There is hereby created the development	4188
financing advisory council to assist in carrying out the programs	4189
created pursuant to sections 122.39 to 122.62 and Chapter 166. of	4190
the Revised Code.	4191

(B) The council shall consist of seven members appointed by	4192
the governor, with the advice and consent of the senate, who are	4193
selected for their knowledge of and experience in economic	4194
development financing, one member of the senate appointed by the	4195
president of the senate, one member of the house of	4196
representatives appointed by the speaker of the house of	4197
representatives, and the director of development or the director's	4198
designee. With respect to the council:	4199

(1) No more than four members of the council appointed by the	4200
governor shall be members of the same political party.	4201

(2) Each member shall hold office from the date of the	4202
member's appointment until the end of the term for which the	4203
member was appointed.	4204

(3) The terms of office for the seven members appointed by	4205
the governor shall be for five years commencing on the first day	4206
of January and ending on the thirty-first day of December. The	4207
seven members appointed by the governor who are serving terms of	4208
office of seven years on ~~the effective date of this amendment~~	4209
December 30, 2004, shall continue to serve those terms, but their	4210
successors in office, including the filling of a vacancy occurring	4211
prior to the expiration of those terms, shall be appointed for	4212
terms of five years in accordance with this division.	4213

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

4214

(5) As a term of a member of the council appointed by the	4215
governor expires, the governor shall appoint a successor with the	4216
advice and consent of the senate.	4217

(6) Except as otherwise provided in division (B)(3) of this	4218
section, any member appointed to fill a vacancy occurring prior to	4219
the expiration of the term for which the member's predecessor was	4220
appointed shall hold office for the remainder of the predecessor's	4221
term.	4222

(7) Any member shall continue in office subsequent to the	4223
expiration date of the member's term until the member's successor	4224
takes office, or until a period of sixty days has elapsed,	4225
whichever occurs first.	4226

(8) Before entering upon duties as a member of the council,	4227
each member shall take an oath provided by Section 7 of Article	4228
XV, Ohio Constitution.	4229

(9) The governor may, at any time, remove any nonlegislative	4230
member pursuant to section 3.04 of the Revised Code.	4231

(10) Members of the council, notwithstanding section 101.26	4232
of the Revised Code with respect to members who are members of the	4233
general assembly, shall receive their necessary and actual	4234
expenses while engaged in the business of the council and shall be	4235
paid at the per diem rate of step 1, pay range 31, of section	4236
124.15 of the Revised Code.	4237

(11) ~~Four~~Six members of the council constitute a quorum and	4238
the affirmative vote of six members is necessary for any action	4239
taken by the council.	4240

(12) In the event of the absence of a member appointed by the	4241
president of the senate or by the speaker of the house of	4242
representatives, the following persons may serve in the member's	4243
absence: the president of the senate or the speaker of the house,	4244
as the case may be, or a member of the senate or of the house of	4245
representatives, of the same political party as the development	4246
financing advisory council member, designated by the president of	4247
the senate or the speaker of the house.	4248

Sec. 122.603. (A)(1) Upon approval by the director of	4249
development and after entering into a participation agreement with	4250
the department of development, a participating financial	4251
institution making a capital access loan shall establish a program	4252
reserve account. The account shall be an interest-bearing account	4253
and shall contain only moneys deposited into it under the program	4254
and the interest payable on the moneys in the account.	4255

(2) All interest payable on the moneys in the program reserve	4256
account shall be added to the moneys and held as an additional	4257
loss reserve. The director may require that a portion or all of	4258
the accrued interest so held in the account be released to the	4259
department. If the director causes a release of accrued interest,	4260
the director shall deposit the released amount into the capital	4261
access loan program fund created in section 122.601 of the Revised	4262
Code. The director shall not require the release of that accrued	4263
interest more than twice in a fiscal year.	4264

(B) When a participating financial institution makes a	4265
capital access loan, it shall require the eligible business to pay	4266
to the participating financial institution a fee in an amount that	4267
is not less than one and one-half per cent, and not more than	4268
three per cent, of the principal amount of the loan. The	4269
participating financial institution shall deposit the fee into its	4270
program reserve account, and it also shall deposit into the	4271
account an amount of its own funds equal to the amount of the fee.	4272
The participating financial institution may recover from the	4273
eligible business all or part of the amount that the participating	4274
financial institution is required to deposit into the account	4275
under this division in any manner agreed to by the participating	4276
financial institution and the eligible business.	4277

(C) For each capital access loan made by a participating	4278
financial institution, the participating financial institution	4279
shall certify to the director, within a period specified by the	4280
director, that the participating financial institution has made	4281
the loan. The certification shall include the amount of the loan,	4282
the amount of the fee received from the eligible business, the	4283
amount of its own funds that the participating financial	4284
institution deposited into its program reserve account to reflect	4285
that fee, and any other information specified by the director.	4286

(D) OnUpon receipt of each of the first three certifications	4287
from a participating financial institution made under division (C)	4288
of this section and subject to section 122.602 of the Revised	4289
Code, the director shall disburse to the participating financial	4290
institution from the capital access loan program fund an amount	4291
equal to fifty per cent of the principal amount of the particular	4292
capital access loan for deposit into the participating financial	4293
institution's program reserve account. Thereafter, upon receipt of	4294
a certification from that participating financial institution made	4295
under division (C) of this section and subject to section 122.602	4296
of the Revised Code, the director shall disburse to the	4297
participating financial institution from the capital access loan	4298
program fund an amount equal to ten per cent of the principal	4299
amount of the particular capital access loan for deposit into the	4300
participating financial institution's program reserve account. The	4301
disbursement of moneys from the fund to a participating financial	4302
institution does not require approval from the controlling board.	4303

(E) If the amount in a program reserve account exceeds an	4304
amount equal to thirty-three per cent of a participating financial	4305
institution's outstanding capital access loans, the department may	4306
cause the withdrawal of the excess amount and the deposit of the	4307
withdrawn amount into the capital access loan program fund.	4308

(F)(1) The department may cause the withdrawal of the total	4309
amount in a participating financial institution's program reserve	4310
account if any of the following applies:	4311

(a) The financial institution is no longer eligible to	4312
participate in the program.	4313

(b) The participation agreement expires without renewal by	4314
the department or the financial institution.	4315

(c) The financial institution has no outstanding capital	4316
access loans.	4317

(d) The financial institution has not made a capital access	4318
loan within the preceding twenty-four months.	4319

(2) If the department causes a withdrawal under division	4320
(F)(1) of this section, the department shall deposit the withdrawn	4321
amount into the capital access loan program fund.	4322

Sec. 122.71. As used in sections 122.71 to 122.83 of the	4323
Revised Code:	4324

(A) "Financial institution" means any banking corporation,	4325
trust company, insurance company, savings and loan association,	4326
building and loan association, or corporation, partnership,	4327
federal lending agency, foundation, or other institution engaged	4328
in lending or investing funds for industrial or business purposes.	4329

(B) "Project" means any real or personal property connected	4330
with or being a part of an industrial, distribution, commercial,	4331
or research facility to be acquired, constructed, reconstructed,	4332
enlarged, improved, furnished, or equipped, or any combination	4333
thereof, with the aid provided under sections 122.71 to 122.83 of	4334
the Revised Code, for industrial, commercial, distribution, and	4335
research development of the state.	4336

(C) "Mortgage" means the lien imposed on a project by a	4337
mortgage on real property, or by financing statements on personal	4338
property, or a combination of a mortgage and financing statements	4339
when a project consists of both real and personal property.	4340

(D) "Mortgagor" means the principal user of a project or the	4341
person, corporation, partnership, or association unconditionally	4342
guaranteeing performance by the principal user of its obligations	4343
under the mortgage.	4344

(E)(1) "Minority business enterprise" means an individual who	4345
is a United States citizen and owns and controls a business, or a	4346
partnership, corporation, or joint venture of any kind that is	4347
owned and controlled by United States citizens, which citizen or	4348
citizens are residents of this state and are members of one of the	4349
following economically disadvantaged groups: Blacks or African	4350
Americans, American Indians, Hispanics or Latinos, and ~~Orientals~~	4351
Asians.	4352

(2) "Owned and controlled" means that at least fifty-one per	4353
cent of the business, including corporate stock if a corporation,	4354
is owned by persons who belong to one or more of the groups set	4355
forth in division (E)(1) of this section, and that those owners	4356
have control over the management and day-to-day operations of the	4357
business and an interest in the capital, assets, and profits and	4358
losses of the business proportionate to their percentage of	4359
ownership. In order to qualify as a minority business enterprise,	4360
a business shall have been owned and controlled by those persons	4361
at least one year prior to being awarded a contract pursuant to	4362
this section.	4363

(F) "Community improvement corporation" means a corporation	4364
organized under Chapter 1724. of the Revised Code.	4365

(G) "Ohio development corporation" means a corporation	4366
organized under Chapter 1726. of the Revised Code.	4367

(H) "Minority contractors business assistance organization"	4368
means an entity engaged in the provision of management and	4369
technical business assistance to minority business enterprise	4370
entrepreneurs.	4371

(I) "Minority business supplier development council" means a	4372
nonprofit organization established as an affiliate of the national	4373
minority supplier development council.	4374

(J) "Regional economic development entity" means an entity	4375
that is under contract with the director of development to	4376
administer a loan program under this chapter in a particular area	4377
of the state.	4378

Sec. 122.72. (A) There is hereby created the minority	4379
development financing advisory board to assist in carrying out the	4380
programs created pursuant to sections 122.71 to ~~122.89~~122.90 of	4381
the Revised Code.	4382

(B) The board shall consist of ~~seven~~ten members. The	4383
director of development or the director's designee shall be a	4384
voting member on the board. Seven members shall be appointed by	4385
the governor with the advice and consent of the senate and	4386
selected because of their knowledge of and experience in	4387
industrial, business, and commercial financing, suretyship,	4388
construction, and their understanding of the problems of minority	4389
business enterprises; one member also shall be a member of the	4390
senate and appointed by the president of the senate, and one	4391
member also shall be a member of the house of representatives and	4392
appointed by the speaker of the house of representatives. With	4393
respect to the board, all of the following apply:	4394

(1) Not more than four of the members of the board appointed	4395
by the governor shall be of the same political party.	4396

(2) Each member shall hold office from the date of the	4397
member's appointment until the end of the term for which the	4398
member was appointed.	4399

(3) The terms of office for the seven members appointed by	4400
the governor shall be for seven years, commencing on the first day	4401
of October and ending on the thirtieth day of September of the	4402
seventh year, except that of the original seven members, three	4403
shall be appointed for three years and two shall be appointed for	4404
five years.	4405

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

4406

(5) Any member appointed to fill a vacancy occurring prior to	4407
the expiration of the term for which ~~his~~the member's predecessor	4408
was appointed shall hold office for the remainder of ~~his~~the	4409
predecessor's term.	4410

(6) Any member shall continue in office subsequent to the	4411
expiration date of ~~his~~the member's term until ~~his~~the member's	4412
successor takes office, or until a period of sixty days has	4413
elapsed, whichever occurs first.	4414

(7) Before entering upon ~~his~~official duties as a member of	4415
the board, each member shall take an oath as provided by Section 7	4416
of Article XV, Ohio Constitution.	4417

(8) The governor may, at any time, remove any member	4418
appointed by ~~him~~the governor pursuant to section 3.04 of the	4419
Revised Code.	4420

(9) Notwithstanding section 101.26 of the Revised Code,	4421
members shall receive their necessary and actual expenses while	4422
engaged in the business of the board and shall be paid at the per	4423
diem rate of step 1 of pay range 31 of section 124.15 of the	4424
Revised Code.	4425

(10) ~~Five~~Six members of the board constitute a quorum and	4426
the affirmative vote of ~~five~~six members is necessary for any	4427
action taken by the board.	4428

(11) In the event of the absence of a member appointed by the	4429
president of the senate or by the speaker of the house of	4430
representatives, either of the following persons may serve in the	4431
member's absence:	4432

(a) The president of the senate or the speaker of the house	4433
of representatives, whoever appointed the absent member;	4434

(b) A member of the senate or of the house of representatives	4435
of the same political party as the absent member, as designated by	4436
the president of the senate or the speaker of the house of	4437
representatives, whoever appointed the absent member.	4438

(12) The board shall annually elect one of its members as	4439
~~chairman~~chairperson and another as ~~vice-chairman~~	4440
vice-chairperson.	4441

Sec. 122.73. (A) The minority development financing advisory	4442
board and the director of development are invested with the powers	4443
and duties provided in sections 122.71 to ~~122.89~~122.90 of the	4444
Revised Code, in order to promote the welfare of the people of the	4445
state by encouraging the establishment and expansion of minority	4446
business enterprises,; to stabilize the economy,; to provide	4447
employment,; to assist in the development within the state of	4448
industrial, commercial, distribution, and research activities	4449
required for the people of the state, and for their gainful	4450
employment,; or otherwise to create or preserve jobs and	4451
employment opportunities, or improve the economic welfare of the	4452
people of the state. It is hereby determined that the	4453
accomplishment of those purposes is essential so that the people	4454
of the state may maintain their present high standards of living	4455
in comparison with the people of other states and so that	4456
opportunities for employment and for favorable markets for the	4457
products of the state's natural resources, agriculture, and	4458
manufacturing shall be improved ~~and~~. It further is determined that	4459
it is necessary for the state to establish the programs authorized	4460
under sections 122.71 to ~~122.89~~122.90 of the Revised Code to	4461
establish the minority development financing advisory board, and	4462
to invest it and the director of development with the powers and	4463
duties provided in sections 122.71 to ~~122.89~~122.90 of the Revised	4464
Code.	4465

(B) The minority development financing advisory board shall	4466
do all of the following:	4467

(1) Make recommendations to the director as to applications	4468
for assistance pursuant to sections 122.71 to ~~122.89~~122.90 of the	4469
Revised Code. The board may revise its recommendations to reflect	4470
any changes in the proposed assistance made by the director.	4471

(2) Advise the director in the administration of sections	4472
122.71 to ~~122.89~~122.90 of the Revised Code.	4473

(3) Adopt bylaws to govern the conduct of the business of the	4474
board.	4475

Sec. 122.74. (A)(1) The director of development shall do all	4476
of the following:	4477

~~(1)~~(a) Receive applications for assistance under sections	4478
122.71 to ~~122.89~~122.90 of the Revised Code, and, after processing	4479
but subject to division (A)(2) of this section, forward them to	4480
the minority development financing advisory board together with	4481
necessary supporting information;	4482

~~(2)~~(b) Receive the recommendations of the board and make a	4483
final determination whether to approve the application for	4484
assistance;	4485

~~(3)~~(c) Receive recommendations from a regional economic	4486
development entity for loans made under section 122.76 of the	4487
Revised Code and make a final determination, notwithstanding	4488
divisions (A)(1) and (2) of this section, whether to approve the	4489
proposed loan;	4490

(d) Transmit the director's determinations to approve	4491
assistance to the controlling board together with any information	4492
the controlling board requires for its review and decision as to	4493
whether to approve the assistance.	4494

(2) The director is not required to submit any determination,	4495
data, terms, or any other application materials or information to	4496
the minority development financing advisory board when provision	4497
of the assistance has been recommended to the director by a	4498
regional economic development entity.	4499

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

4500

(1) Fix the rate of interest and charges to be made upon or	4501
with respect to moneys loaned or guaranteed by the director and	4502
the terms upon which mortgages and lease rentals may be guaranteed	4503
and the rates of charges to be made for them and make provisions	4504
for the operation of the funds established by the director in	4505
accordance with this section and sections 122.80 ~~and~~, 122.88, and	4506
122.90 of the Revised Code;	4507

(2) Loan and guarantee moneys from the fund established in	4508
accordance with section 122.80 of the Revised Code pursuant to and	4509
in compliance with sections 122.71 to ~~122.89~~122.90 of the Revised	4510
Code.	4511

(3) Acquire in the name of the director any property of any	4512
kind or character in accordance with sections 122.71 to ~~122.89~~	4513
122.90 of the Revised Code, by purchase, purchase at foreclosure,	4514
or exchange on such terms and in such manner as the director	4515
considers proper;	4516

(4) Make and enter into all contracts and agreements	4517
necessary or incidental to the performance of the director's	4518
duties and the exercise of the director's powers under sections	4519
122.71 to ~~122.89~~122.90 of the Revised Code;	4520

(5) Maintain, protect, repair, improve, and insure any	4521
property that the director has acquired and dispose of it by sale,	4522
exchange, or lease for the consideration and on the terms and in	4523
the manner as the director considers proper, but the director	4524
shall not operate any such property as a business except as the	4525
lessor of it;	4526

(6)(a) When the cost of any contract for the maintenance,	4527
protection, repair, or improvement of any property held by the	4528
director, other than compensation for personal services, involves	4529
an expenditure of more than fifty thousand dollars, the director	4530
shall make a written contract with the lowest responsive and	4531
responsible bidder in accordance with section 9.312 of the Revised	4532
Code after advertisement for not less than two consecutive weeks	4533
in a newspaper of general circulation in the county where such	4534
contract, or some substantial part of it, is to be performed, and	4535
in such other publications as the director determines, which	4536
notice shall state the general character of the work and the	4537
general character of the materials to be furnished, the place	4538
where plans and specifications therefor may be examined, and the	4539
time and place of receiving bids.	4540

(b) Each bid for a contract for the construction, demolition,	4541
alteration, repair, or reconstruction of an improvement shall	4542
contain the full name of every person interested in it and meet	4543
the requirements of section 153.54 of the Revised Code.	4544

(c) Each bid for a contract, except as provided in division	4545
(B)(6)(b) of this section, shall contain the full name of every	4546
person interested in it and shall be accompanied by bond or	4547
certified check on a solvent bank, in such amount as the director	4548
considers sufficient, that if the bid is accepted a contract will	4549
be entered into and the performance of the proposal secured.	4550

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

4551

(e) A bond with good and sufficient surety, approved by the	4552
director, shall be required of every contractor awarded a contract	4553
except as provided in division (B)(6)(b) of this section, in an	4554
amount equal to at least fifty per cent of the contract price,	4555
conditioned upon faithful performance of the contract.	4556

(7) Employ or contract with financial consultants,	4557
appraisers, consulting engineers, superintendents, managers,	4558
construction and accounting experts, attorneys, and other	4559
employees and agents as are necessary in the director's judgment	4560
and fix their compensation;	4561

(8) Receive and accept grants, gifts, and contributions of	4562
money, property, labor, and other things of value to be held,	4563
used, and applied only for the purpose for which ~~such~~the grants,	4564
gifts, and contributions are made, from individuals, private and	4565
public corporations, from the United States or any agency thereof,	4566
from the state or any agency thereof, and from any political	4567
subdivision of the state, and may agree to repay any contribution	4568
of money or to return any property contributed or the value	4569
thereof at such times, in ~~such~~ amounts, and on ~~such~~ terms and	4570
conditions, excluding the payment of interest, as the director	4571
determines at the time ~~such~~the contribution is made, and may	4572
evidence ~~such~~the obligations by notes, bonds, or other written	4573
instruments;	4574

(9) Establish with the treasurer of state the funds provided	4575
in sections 122.80 and 122.88 of the Revised Code in addition to	4576
such funds as the director determines are necessary or proper;	4577

(10) Adopt rules under Chapter 119. of the Revised Code	4578
necessary to implement sections 122.71 to ~~122.83~~122.90 of the	4579
Revised Code.	4580

(11) Do all acts and things necessary or proper to carry out	4581
the powers expressly granted and the duties imposed in sections	4582
122.71 to ~~122.89~~122.90 of the Revised Code.	4583

(C)(1) All expenses and obligations incurred by the director	4584
in carrying out the director's powers and in exercising the	4585
director's duties under sections 122.71 to ~~122.89~~122.90 of the	4586
Revised Code shall be payable solely from revenues or other	4587
receipts or income of the director, from grants, gifts, and	4588
contributions, or funds established in accordance with such	4589
sections. Such sections do not authorize the director to incur	4590
indebtedness or to impose liability on the state or any political	4591
subdivision of the state.	4592

(2) Financial statements and other data submitted to the	4593
director by any corporation, partnership, or person in connection	4594
with financial assistance provided under sections 122.71 to ~~122.89~~	4595
122.90 of the Revised Code, or any information taken from such	4596
statements or data for any purpose, shall not be open to public	4597
inspection.	4598

Sec. 122.75. The director of development shall, for the	4599
minority business development loan program ~~and~~, the minority	4600
business bonding program, and the minority business bond guarantee	4601
program under sections 122.87 to ~~122.89~~122.90 of the Revised	4602
Code, do all of the following:	4603

(A) Hire employees, consultants, and agents and fix their	4604
compensation;	4605

(B) Adopt bylaws and rules for the regulation of the business	4606
of the minority development financing advisory board;	4607

(C) Receive and accept grants, gifts, and contributions of	4608
money, property, labor, and other things of value, to be held,	4609
used, and applied only for the purpose for which the grants,	4610
gifts, and contributions are made, from individuals, private and	4611
public corporations, the United States or any agency of the United	4612
States, the state or any agency of the state, and any political	4613
subdivision of the state. The director may agree to repay any	4614
contribution of money or to return any property contributed or its	4615
value at such times, in ~~such~~ amounts, and on ~~such~~ terms and	4616
conditions, excluding the payment of interest, as the director	4617
determines at the time the contribution is made. The director may	4618
evidence the obligations by written contracts, subject to section	4619
122.76 of the Revised Code; provided, that the director shall not	4620
thereby incur indebtedness of or impose liability upon the state	4621
or any political subdivision.	4622

(D) Establish funds with the treasurer of state in addition	4623
to the minority business bonding fund created under section 122.88	4624
of the Revised Code;	4625

(E) Invest money in the funds the director establishes	4626
pursuant to division (D) of this section that is in excess of	4627
current needs, in notes, bonds, or other obligations that are	4628
direct obligations of or are guaranteed by the United States, or	4629
in certificates of deposit or withdrawable accounts of banks,	4630
trust companies, ~~and~~or savings and loan associations organized	4631
under the laws of this state or the United States, and may credit	4632
the income or sell the investments at the director's discretion;	4633

(F) Acquire any property of any kind or character in	4634
accordance with sections 122.71 to 122.83 of the Revised Code, by	4635
purchase, purchase at foreclosure, or exchange on terms and in a	4636
manner the director considers proper;	4637

(G)(1) Maintain, protect, repair, improve, and insure any	4638
property the director has acquired and dispose of it by sale,	4639
exchange, or lease for the consideration and on terms and in a	4640
manner the director considers proper. The director may not operate	4641
any property as a business except as a lessor of the property.	4642
When the cost of any contract for the maintenance, protection,	4643
repair, or improvement of any property of the advisory board	4644
connected with the minority business development loan program,	4645
other than compensation for personal services, involves an	4646
expenditure of more than one thousand dollars, the director shall	4647
enter into a written contract with the lowest and best bidder	4648
after advertisement for not less than four consecutive weeks in a	4649
newspaper of general circulation in the county where the contract,	4650
or some substantial part of it, is to be performed, and in other	4651
publications as the director determines. The notice shall state	4652
the general character of the work and the general character of the	4653
materials to be furnished, the place where plans and	4654
specifications for the work and materials may be examined, and the	4655
time and place of receiving bids.	4656

(2) Each bid for a contract for the construction, demolition,	4657
alteration, repair, or reconstruction of an improvement shall	4658
contain the full name of every person interested in it and meet	4659
the requirements of section 153.54 of the Revised Code.	4660

(3) Each bid for a contract, except as provided in division	4661
(G)(2) of this section, shall contain the full name of every	4662
person interested in it and shall be accompanied by a bond or	4663
certified check on a solvent bank, in the amount of ten per cent	4664
of the bid, that if the bid is accepted a contract will be entered	4665
into and the performance of its proposal secured. The director may	4666
reject any or all bids. A bond with good and sufficient surety,	4667
approved by the director, shall be required of all contractors in	4668
an amount equal to at least one hundred per cent of the contract	4669
price, conditioned upon faithful performance of the contract.	4670

(H) Expend money appropriated to the department of	4671
development by the general assembly for the purposes of sections	4672
122.71 to 122.83 and 122.87 to ~~122.89~~122.90 of the Revised Code;	4673

(I) Do all acts and things necessary or proper to carry out	4674
the powers expressly granted and the duties imposed in sections	4675
122.71 to 122.83 and 122.87 to ~~122.89~~122.90 of the Revised Code.	4676

Sec. 122.751. The minority development financing advisory	4677
board or a regional economic development entity shall only	4678
consider an application for a loan from any applicant after a	4679
certification by the equal employment opportunity coordinator of	4680
the department of administrative services under division (B)(1) of	4681
section 123.151 of the Revised Code that the applicant is a	4682
minority business enterprise, or after a certification by the	4683
minority business supplier development council that the applicant	4684
is a minority business, and that the applicant satisfies all	4685
criteria regarding eligibility for assistance pursuant to section	4686
122.76 of the Revised Code.	4687

Sec. 122.76. (A) The director of development, with	4688
controlling board approval, may lend funds to minority business	4689
enterprises and to community improvement corporations, Ohio	4690
development corporations, minority contractors business assistance	4691
organizations, and minority business supplier development councils	4692
for the purpose of loaning funds to minority business enterprises	4693
and for the purpose of procuring or improving real or personal	4694
property, or both, for the establishment, location, or expansion	4695
of industrial, distribution, commercial, or research facilities in	4696
the state, if the director determines, in the director's sole	4697
discretion, that all of the following apply:	4698

(1) The project is economically sound and will benefit the	4699
people of the state by increasing opportunities for employment, by	4700
strengthening the economy of the state, or expanding minority	4701
business enterprises.	4702

(2) The proposed minority business enterprise borrower is	4703
unable to finance the proposed project through ordinary financial	4704
channels at comparable terms.	4705

(3) The value of the project is or, upon completion, will be	4706
at least equal to the total amount of the money expended in the	4707
procurement or improvement of the project, and one or more	4708
financial institutions or other governmental entities have loaned	4709
not less than thirty per cent of that amount.	4710

(4) The amount to be loaned by the director will not exceed	4711
sixty per cent of the total amount expended in the procurement or	4712
improvement of the project.	4713

(5) The amount to be loaned by the director will be	4714
adequately secured by a first or second mortgage upon the project	4715
or by mortgages, leases, liens, assignments, or pledges on or of	4716
other property or contracts as the director requires, and such	4717
mortgage will not be subordinate to any other liens or mortgages	4718
except the liens securing loans or investments made by financial	4719
institutions referred to in division (A)(3) of this section, and	4720
the liens securing loans previously made by any financial	4721
institution in connection with the procurement or expansion of all	4722
or part of a project.	4723

(B) Any proposed minority business enterprise borrower	4724
submitting an application for assistance under this section shall	4725
not have defaulted on a previous loan from the director, and no	4726
full or limited partner, major shareholder, or holder of an equity	4727
interest of the proposed minority business enterprise borrower	4728
shall have defaulted on a loan from the director.	4729

(C) The proposed minority business enterprise borrower shall	4730
demonstrate to the satisfaction of the director that it is able to	4731
successfully compete in the private sector if it obtains the	4732
necessary financial, technical, or managerial support and that	4733
support is available through the director, the minority business	4734
development office of the department of development, or other	4735
identified and acceptable sources. In determining whether a	4736
minority business enterprise borrower will be able to successfully	4737
compete, the director may give consideration to such factors as	4738
the successful completion of or participation in courses of study,	4739
recognized by the board of regents as providing financial,	4740
technical, or managerial skills related to the operation of the	4741
business, by the economically disadvantaged individual, owner, or	4742
partner, and the prior success of the individual, owner, or	4743
partner in personal, career, or business activities, as well as to	4744
other factors identified by the director.	4745

(D) The director shall not lend funds for the purpose of	4746
procuring or improving motor vehicles~~, power-driven vehicles,~~	4747
~~office equipment, raw materials, small tools, supplies,~~	4748
~~inventories,~~ or accounts receivable.	4749

Sec. 122.77. (A) The director of development with	4750
controlling board approval may make loan guarantees to small	4751
businesses and corporations for the purpose of guaranteeing loans	4752
made to small businesses by financial institutions for the purpose	4753
of procuring or improving real or personal property, or both, for	4754
the establishment, location, or expansion of industrial,	4755
distribution, commercial, or research facilities in the state, if	4756
the director determines, in ~~his~~the director's sole discretion,	4757
that all of the following apply:	4758

(1) The project is economically sound and will benefit the	4759
people of the state by increasing opportunities for employment, by	4760
strengthening the economy of the state, or expanding minority	4761
business enterprises;.	4762

(2) The proposed small business borrower is unable to finance	4763
the proposed project through ordinary financial channels at	4764
comparable terms;.	4765

(3) The value of the project is, or upon completion of it	4766
will be, at least equal to the total amount of the money expended	4767
in the procurement or improvement of the project and of which	4768
amount one or more financial institutions or other governmental	4769
entities have loaned not less than thirty per cent;.	4770

(4) The amount to be guaranteed by the director will not	4771
exceed ~~fifty~~eighty per cent of the total amount expended in the	4772
procurement or improvement of the project;.	4773

(5) The amount to be guaranteed by the director will be	4774
adequately secured by a first or second mortgage upon the project,	4775
or by mortgages, leases, liens, assignments, or pledges on or of	4776
other property or contracts as the director shall require and that	4777
such mortgage will not be subordinate to any other liens or	4778
mortgages except the liens securing loans or investments made by	4779
financial institutions referred to in division (A)(3) of this	4780
section, and the liens securing loans previously made by any	4781
financial institution in connection with the procurement or	4782
expansion of all or part of a project.	4783

(B) The proposed small business borrower shall not have	4784
defaulted on a previous loan or guarantee from the director, and	4785
no full or limited partner, or major shareholder, or holder of any	4786
equity interest of the proposed minority business enterprise	4787
borrower shall have defaulted on a loan or guarantee from the	4788
director.	4789

(C) The proposed small business borrower shall demonstrate to	4790
the satisfaction of the director that it is able to successfully	4791
compete in the private sector if it obtains the necessary	4792
financial, technical, or managerial support and that support is	4793
available through the director, the minority business development	4794
office of the department of development, or other identified and	4795
acceptable sources. In determining whether a small business	4796
borrower will be able to successfully compete, the director may	4797
give consideration to such factors as the successful completion of	4798
or participation in courses of study, recognized by the board of	4799
regents as providing financial, technical, or managerial skills	4800
related to the operation of the business, by the economically	4801
disadvantaged individual, owner, or partner, and the prior success	4802
of the individual, owner, or partner in personal, career, or	4803
business activities, as well as to other factors identified by the	4804
director.	4805

(D) The director shall not guarantee funds for the purpose of	4806
procuring or improving motor vehicles~~, power driven vehicles,~~	4807
~~office equipment, raw materials, small tools, supplies,~~	4808
~~inventories,~~ or accounts receivable.	4809

Sec. 122.78. Fees, charges, rates of interest, times of	4810
payment of interest and principal, and other terms, conditions,	4811
and provisions of the loans and guarantees made by the director of	4812
development pursuant to sections 122.71 to ~~122.89~~122.90 of the	4813
Revised Code shall be such as the director determines to be	4814
appropriate and in furtherance of the purpose for which the loans	4815
and guarantees are made, but the mortgage lien securing any money	4816
loaned or guaranteed by the director may be subordinate to the	4817
mortgage lien securing any money loaned or invested by a financial	4818
institution, but shall be superior to that securing any money	4819
loaned or expended by any other corporation or person. The funds	4820
used in making these loans or guarantees shall be disbursed upon	4821
order of the director.	4822

Sec. 122.79. The exercise of the powers granted by sections	4823
122.71 to ~~122.89~~122.90 of the Revised Code, will be in all	4824
respects for the benefit of the people of the state, for the	4825
increase of their commerce and prosperity, for the increase and	4826
expansion of minority business enterprises, and for the	4827
improvement of conditions of employment, and will constitute the	4828
performance of essential governmental functions; therefore, the	4829
director of development shall not be required to pay any taxes	4830
upon any property or assets held by ~~him~~the director, or upon any	4831
property acquired or used by ~~him~~the director under sections	4832
122.71 to ~~122.89~~122.90 of the Revised Code, or upon the income	4833
from it, provided that this exemption shall not apply to any	4834
property held by the director while it is in the possession of a	4835
private person, partnership, or corporation and used for private	4836
purposes for profit, in which case such tax liability shall accrue	4837
to ~~such~~the private person, partnership, or corporation.	4838

Sec. 122.82. All moneys, funds, properties, and assets	4839
acquired by the director of development shall be held by ~~him~~the	4840
director in trust to carry out ~~his~~the director's powers and	4841
duties, shall be used as provided in sections 122.71 to ~~122.89~~	4842
122.90 of the Revised Code, and shall at no time be part of other	4843
public funds.	4844

Sec. 122.83. Any person who intentionally misrepresents that	4845
person's self as owning, controlling, operating, or participating	4846
in a minority business enterprise for the purpose of obtaining	4847
funds, contracts, subcontracts, services, or any other benefits	4848
under sections 122.71 to 122.85 or 122.87 to ~~122.89~~122.90 of the	4849
Revised Code is guilty of theft by deception, pursuant to section	4850
2913.02 of the Revised Code.	4851

Sec. 122.95. As used in sections 122.95 to 122.952 of the	4852
Revised Code:	4853

(A) "Commercial or industrial areas" means areas ~~established~~	4854
~~by a state, county, municipal, or other~~zoned either commercial or	4855
industrial by the local zoning authority ~~as being most appropriate~~	4856
~~for business, commerce, industry, or trade~~ or an area not zoned by	4857
~~state or local law, regulation, or ordinance~~, but in which there	4858
is located one or more commercial or industrial activities.	4859

(B) "Eligible county" means any of the following:

4860

(1) A county designated as being in the "Appalachian region"	4861
under the "Appalachian Regional Development Act of 1965," 79 Stat.	4862
5, 40 U.S.C. App. 403;	4863

(2) A county that is a "distressed area" as defined in	4864
section 122.16 of the Revised Code;	4865

(3) A county that within the previous calendar year has had a	4866
~~population of less than one hundred thousand according to the most~~	4867
~~recent federal decennial census and in which three hundred fifty~~	4868
~~or more residents of the county were, during the most recently~~	4869
~~completed calendar year, permanently or temporarily terminated~~	4870
~~from a private sector employment position for any reason not~~	4871
~~reflecting discredit on the employee;~~	4872

~~(4) A county that has a population of one hundred thousand or~~	4873
~~more according to the most recent federal decennial census and in~~	4874
~~which one thousand or more residents of the county were, during~~	4875
~~the most recently completed calendar year, permanently or~~	4876
~~temporarily terminated from a private sector employment position~~	4877
~~for any reason not reflecting discredit on the employee~~job loss	4878
numbering two hundred or more of which one hundred or more are	4879
manufacturing-related as reported in the notices prepared by the	4880
department of job and family services pursuant to the "Worker	4881
Adjustment and Retraining Notification Act," 102 Stat. 890 (1988),	4882
29 U.S.C. 2101 et seq., as amended.	4883

Sec. 122.951. (A) If the director of development determines	4884
that a grant from the industrial site improvement fund ~~will~~may	4885
create new jobs or preserve existing jobs and employment	4886
opportunities in an eligible county, the director may grant up to	4887
~~one million~~five hundred thousand dollars from the fund to the	4888
eligible county for the purpose of acquiring commercial or	4889
industrial land or buildings and making improvements to commercial	4890
or industrial areas within the eligible county, including, but not	4891
limited to:	4892

(1) Expanding, remodeling, renovating, and modernizing	4893
buildings, structures, and other improvements;	4894

(2) Remediating environmentally contaminated property on	4895
which hazardous substances exist under conditions that have caused	4896
or would cause the property to be identified as contaminated by	4897
the Ohio or United States environmental protection agency; and	4898

(3) Infrastructure improvements, including, but not limited	4899
to, site preparation, including building demolition and removal;	4900
streets, roads, bridges, and traffic control devices; parking lots	4901
and facilities; water and sewer lines and treatment plants; gas,	4902
electric, and telecommunications, including broadband, hook-ups;	4903
and water and railway access improvements.	4904

A grant awarded under this section shall provide not more	4905
than seventy-five per cent of the estimated total cost of the	4906
project for which an application is submitted under this section.	4907
In addition, not more than ten per cent of the amount of the grant	4908
shall be used to pay the costs of professional services related to	4909
the project.	4910

(B) An eligible county may apply to the director for a grant	4911
under this section in the form and manner prescribed by the	4912
director. The eligible county shall include on the application all	4913
information required by the director. The application shall	4914
require the eligible county to provide a detailed description of	4915
how the eligible county would use a grant to improve commercial or	4916
industrial areas within the eligible county, and to specify how a	4917
grant will lead to the creation of new jobs or the preservation of	4918
existing jobs and employment opportunities in the eligible county.	4919
The eligible county shall specify in the application the amount of	4920
the grant for which the eligible county is applying.	4921

(C) An eligible county that receives a grant under this	4922
section is not eligible for any additional grants from the	4923
industrial site improvement fund in the fiscal year in which the	4924
grant is received and in the subsequent fiscal year.	4925

(D) An eligible county may designate a port authority,	4926
community improvement corporation as defined in section 122.71 of	4927
the Revised Code, or other economic development entity that is	4928
located in the county to apply for a grant under this section. If	4929
a port authority, community improvement corporation, or other	4930
economic development entity is so designated, references to an	4931
eligible county in this section include references to the	4932
authority, corporation, or other entity.	4933

Sec. 123.01. (A) The department of administrative services,	4934
in addition to those powers enumerated in Chapters 124. and 125.	4935
of the Revised Code and provided elsewhere by law, shall exercise	4936
the following powers:	4937

(1) To prepare, or contract to be prepared, by licensed	4938
engineers or architects, surveys, general and detailed plans,	4939
specifications, bills of materials, and estimates of cost for any	4940
projects, improvements, or public buildings to be constructed by	4941
state agencies that may be authorized by legislative	4942
appropriations or any other funds made available therefor,	4943
provided that the construction of the projects, improvements, or	4944
public buildings is a statutory duty of the department. This	4945
section does not require the independent employment of an	4946
architect or engineer as provided by section 153.01 of the Revised	4947
Code in the cases to which that section applies nor affect or	4948
alter the existing powers of the director of transportation.	4949

(2) To have general supervision over the construction of any	4950
projects, improvements, or public buildings constructed for a	4951
state agency and over the inspection of materials previous to	4952
their incorporation into those projects, improvements, or	4953
buildings;	4954

(3) To make contracts for and supervise the construction of	4955
any projects and improvements or the construction and repair of	4956
buildings under the control of a state agency, except contracts	4957
for the repair of buildings under the management and control of	4958
the departments of public safety, job and family services, mental	4959
health, mental retardation and developmental disabilities,	4960
rehabilitation and correction, and youth services, the bureau of	4961
workers' compensation, the rehabilitation services commission, and	4962
boards of trustees of educational and benevolent institutions and	4963
except contracts for the construction of projects that are	4964
necessary to remediate conditions at a hazardous waste facility,	4965
solid waste facility, or other location at which the director of	4966
environmental protection has reason to believe there is a	4967
substantial threat to public health or safety or the environment.	4968
These contracts shall be made and entered into by the directors of	4969
public safety, job and family services, mental health, mental	4970
retardation and developmental disabilities, rehabilitation and	4971
correction, and youth services, the administrator of workers'	4972
compensation, the rehabilitation services commission, ~~and~~ the	4973
boards of trustees of such institutions, and the director of	4974
environmental protection, respectively. All such contracts may be	4975
in whole or in part on unit price basis of maximum estimated cost,	4976
with payment computed and made upon actual quantities or units.	4977

(4) To prepare and suggest comprehensive plans for the	4978
development of grounds and buildings under the control of a state	4979
agency;	4980

(5) To acquire, by purchase, gift, devise, lease, or grant,	4981
all real estate required by a state agency, in the exercise of	4982
which power the department may exercise the power of eminent	4983
domain, in the manner provided by sections 163.01 to 163.22 of the	4984
Revised Code;	4985

(6) To make and provide all plans, specifications, and models	4986
for the construction and perfection of all systems of sewerage,	4987
drainage, and plumbing for the state in connection with buildings	4988
and grounds under the control of a state agency;	4989

(7) To erect, supervise, and maintain all public monuments	4990
and memorials erected by the state, except where the supervision	4991
and maintenance is otherwise provided by law;	4992

(8) To procure, by lease, storage accommodations for a state	4993
agency;	4994

(9) To lease or grant easements or licenses for unproductive	4995
and unused lands or other property under the control of a state	4996
agency. Such leases, easements, or licenses shall be granted for a	4997
period not to exceed fifteen years and shall be executed for the	4998
state by the director of administrative services and the governor	4999
and shall be approved as to form by the attorney general, provided	5000
that leases, easements, or licenses may be granted to any county,	5001
township, municipal corporation, port authority, water or sewer	5002
district, school district, library district, health district, park	5003
district, soil and water conservation district, conservancy	5004
district, or other political subdivision or taxing district, or	5005
any agency of the United States government, for the exclusive use	5006
of that agency, political subdivision, or taxing district, without	5007
any right of sublease or assignment, for a period not to exceed	5008
fifteen years, and provided that the director shall grant leases,	5009
easements, or licenses of university land for periods not to	5010
exceed twenty-five years for purposes approved by the respective	5011
university's board of trustees wherein the uses are compatible	5012
with the uses and needs of the university and may grant leases of	5013
university land for periods not to exceed forty years for purposes	5014
approved by the respective university's board of trustees pursuant	5015
to section 123.77 of the Revised Code.	5016

(10) To lease office space in buildings for the use of a	5017
state agency;	5018

(11) To have general supervision and care of the storerooms,	5019
offices, and buildings leased for the use of a state agency;	5020

(12) To exercise general custodial care of all real property	5021
of the state;	5022

(13) To assign and group together state offices in any city	5023
in the state and to establish, in cooperation with the state	5024
agencies involved, rules governing space requirements for office	5025
or storage use;	5026

(14) To lease for a period not to exceed forty years,	5027
pursuant to a contract providing for the construction thereof	5028
under a lease-purchase plan, buildings, structures, and other	5029
improvements for any public purpose, and, in conjunction	5030
therewith, to grant leases, easements, or licenses for lands under	5031
the control of a state agency for a period not to exceed forty	5032
years. The lease-purchase plan shall provide that at the end of	5033
the lease period, the buildings, structures, and related	5034
improvements, together with the land on which they are situated,	5035
shall become the property of the state without cost.	5036

(a) Whenever any building, structure, or other improvement is	5037
to be so leased by a state agency, the department shall retain	5038
either basic plans, specifications, bills of materials, and	5039
estimates of cost with sufficient detail to afford bidders all	5040
needed information or, alternatively, all of the following plans,	5041
details, bills of materials, and specifications:	5042

(i) Full and accurate plans suitable for the use of mechanics	5043
and other builders in the improvement;	5044

(ii) Details to scale and full sized, so drawn and	5045
represented as to be easily understood;	5046

(iii) Accurate bills showing the exact quantity of different	5047
kinds of material necessary to the construction;	5048

(iv) Definite and complete specifications of the work to be	5049
performed, together with such directions as will enable a	5050
competent mechanic or other builder to carry them out and afford	5051
bidders all needed information;	5052

(v) A full and accurate estimate of each item of expense and	5053
of the aggregate cost thereof.	5054

(b) The department shall give public notice, in such	5055
newspaper, in such form, and with such phraseology as the director	5056
of administrative services prescribes, published once each week	5057
for four consecutive weeks, of the time when and place where bids	5058
will be received for entering into an agreement to lease to a	5059
state agency a building, structure, or other improvement. The last	5060
publication shall be at least eight days preceding the day for	5061
opening the bids. The bids shall contain the terms upon which the	5062
builder would propose to lease the building, structure, or other	5063
improvement to the state agency. The form of the bid approved by	5064
the department shall be used, and a bid is invalid and shall not	5065
be considered unless that form is used without change, alteration,	5066
or addition. Before submitting bids pursuant to this section, any	5067
builder shall comply with Chapter 153. of the Revised Code.	5068

(c) On the day and at the place named for receiving bids for	5069
entering into lease agreements with a state agency, the director	5070
of administrative services shall open the bids and shall publicly	5071
proceed immediately to tabulate the bids upon duplicate sheets. No	5072
lease agreement shall be entered into until the bureau of workers'	5073
compensation has certified that the person to be awarded the lease	5074
agreement has complied with Chapter 4123. of the Revised Code,	5075
until, if the builder submitting the lowest and best bid is a	5076
foreign corporation, the secretary of state has certified that the	5077
corporation is authorized to do business in this state, until, if	5078
the builder submitting the lowest and best bid is a person	5079
nonresident of this state, the person has filed with the secretary	5080
of state a power of attorney designating the secretary of state as	5081
its agent for the purpose of accepting service of summons in any	5082
action brought under Chapter 4123. of the Revised Code, and until	5083
the agreement is submitted to the attorney general and the	5084
attorney general's approval is certified thereon. Within thirty	5085
days after the day on which the bids are received, the department	5086
shall investigate the bids received and shall determine that the	5087
bureau and the secretary of state have made the certifications	5088
required by this section of the builder who has submitted the	5089
lowest and best bid. Within ten days of the completion of the	5090
investigation of the bids, the department shall award the lease	5091
agreement to the builder who has submitted the lowest and best bid	5092
and who has been certified by the bureau and secretary of state as	5093
required by this section. If bidding for the lease agreement has	5094
been conducted upon the basis of basic plans, specifications,	5095
bills of materials, and estimates of costs, upon the award to the	5096
builder the department, or the builder with the approval of the	5097
department, shall appoint an architect or engineer licensed in	5098
this state to prepare such further detailed plans, specifications,	5099
and bills of materials as are required to construct the building,	5100
structure, or improvement. The department shall adopt such rules	5101
as are necessary to give effect to this section. The department	5102
may reject any bid. Where there is reason to believe there is	5103
collusion or combination among bidders, the bids of those	5104
concerned therein shall be rejected.	5105

(15) To acquire by purchase, gift, devise, or grant and to	5106
transfer, lease, or otherwise dispose of all real property	5107
required to assist in the development of a conversion facility as	5108
defined in section 5709.30 of the Revised Code as that section	5109
existed before its repeal by Amended Substitute House Bill 95 of	5110
the 125th general assembly;	5111

(16) To lease for a period not to exceed forty years,	5112
notwithstanding any other division of this section, the	5113
state-owned property located at 408-450 East Town Street,	5114
Columbus, Ohio, formerly the state school for the deaf, to a	5115
developer in accordance with this section. "Developer," as used in	5116
this section, has the same meaning as in section 123.77 of the	5117
Revised Code.	5118

Such a lease shall be for the purpose of development of the	5119
land for use by senior citizens by constructing, altering,	5120
renovating, repairing, expanding, and improving the site as it	5121
existed on June 25, 1982. A developer desiring to lease the land	5122
shall prepare for submission to the department a plan for	5123
development. Plans shall include provisions for roads, sewers,	5124
water lines, waste disposal, water supply, and similar matters to	5125
meet the requirements of state and local laws. The plans shall	5126
also include provision for protection of the property by insurance	5127
or otherwise, and plans for financing the development, and shall	5128
set forth details of the developer's financial responsibility.	5129

The department may employ, as employees or consultants,	5130
persons needed to assist in reviewing the development plans. Those	5131
persons may include attorneys, financial experts, engineers, and	5132
other necessary experts. The department shall review the	5133
development plans and may enter into a lease if it finds all of	5134
the following:	5135

(a) The best interests of the state will be promoted by	5136
entering into a lease with the developer;	5137

(b) The development plans are satisfactory;

5138

(c) The developer has established the developer's financial	5139
responsibility and satisfactory plans for financing the	5140
development.	5141

The lease shall contain a provision that construction or	5142
renovation of the buildings, roads, structures, and other	5143
necessary facilities shall begin within one year after the date of	5144
the lease and shall proceed according to a schedule agreed to	5145
between the department and the developer or the lease will be	5146
terminated. The lease shall contain such conditions and	5147
stipulations as the director considers necessary to preserve the	5148
best interest of the state. Moneys received by the state pursuant	5149
to this lease shall be paid into the general revenue fund. The	5150
lease shall provide that at the end of the lease period the	5151
buildings, structures, and related improvements shall become the	5152
property of the state without cost.	5153

(17) To lease to any person any tract of land owned by the	5154
state and under the control of the department, or any part of such	5155
a tract, for the purpose of drilling for or the pooling of oil or	5156
gas. Such a lease shall be granted for a period not exceeding	5157
forty years, with the full power to contract for, determine the	5158
conditions governing, and specify the amount the state shall	5159
receive for the purposes specified in the lease, and shall be	5160
prepared as in other cases.	5161

(18) To manage the use of space owned and controlled by the	5162
department, including space in property under the jurisdiction of	5163
the Ohio building authority, by doing all of the following:	5164

(a) Biennially implementing, by state agency location, a	5165
census of agency employees assigned space;	5166

(b) Periodically in the discretion of the director of	5167
administrative services:	5168

(i) Requiring each state agency to categorize the use of	5169
space allotted to the agency between office space, common areas,	5170
storage space, and other uses, and to report its findings to the	5171
department;	5172

(ii) Creating and updating a master space utilization plan	5173
for all space allotted to state agencies. The plan shall	5174
incorporate space utilization metrics.	5175

(iii) Conducting a cost-benefit analysis to determine the	5176
effectiveness of state-owned buildings;	5177

(iv) Assessing the alternatives associated with consolidating	5178
the commercial leases for buildings located in Columbus.	5179

(c) Commissioning a comprehensive space utilization and	5180
capacity study in order to determine the feasibility of	5181
consolidating existing commercially leased space used by state	5182
agencies into a new state-owned facility.	5183

(B) This section and section 125.02 of the Revised Code shall	5184
not interfere with any of the following:	5185

(1) The power of the adjutant general to purchase military	5186
supplies, or with the custody of the adjutant general of property	5187
leased, purchased, or constructed by the state and used for	5188
military purposes, or with the functions of the adjutant general	5189
as director of state armories;	5190

(2) The power of the director of transportation in acquiring	5191
rights-of-way for the state highway system, or the leasing of	5192
lands for division or resident district offices, or the leasing of	5193
lands or buildings required in the maintenance operations of the	5194
department of transportation, or the purchase of real property for	5195
garage sites or division or resident district offices, or in	5196
preparing plans and specifications for and constructing such	5197
buildings as the director may require in the administration of the	5198
department;	5199

(3) The power of the director of public safety and the	5200
registrar of motor vehicles to purchase or lease real property and	5201
buildings to be used solely as locations to which a deputy	5202
registrar is assigned pursuant to division (B) of section 4507.011	5203
of the Revised Code and from which the deputy registrar is to	5204
conduct the deputy registrar's business, the power of the director	5205
of public safety to purchase or lease real property and buildings	5206
to be used as locations for division or district offices as	5207
required in the maintenance of operations of the department of	5208
public safety, and the power of the superintendent of the state	5209
highway patrol in the purchase or leasing of real property and	5210
buildings needed by the patrol, to negotiate the sale of real	5211
property owned by the patrol, to rent or lease real property owned	5212
or leased by the patrol, and to make or cause to be made repairs	5213
to all property owned or under the control of the patrol;	5214

(4) The power of the division of liquor control in the	5215
leasing or purchasing of retail outlets and warehouse facilities	5216
for the use of the division;	5217

(5) The power of the director of development to enter into	5218
leases of real property, buildings, and office space to be used	5219
solely as locations for the state's foreign offices to carry out	5220
the purposes of section 122.05 of the Revised Code;	5221

(6) The power of the director of environmental protection to	5222
enter into environmental covenants, to grant and accept easements,	5223
or to sell property pursuant to division (G) of section 3745.01 of	5224
the Revised Code.	5225

(C) Purchases for, and the custody and repair of, buildings	5226
under the management and control of the capitol square review and	5227
advisory board, the rehabilitation services commission, the bureau	5228
of workers' compensation, or the departments of public safety, job	5229
and family services, mental health, mental retardation and	5230
developmental disabilities, and rehabilitation and correction, and	5231
buildings of educational and benevolent institutions under the	5232
management and control of boards of trustees, are not subject to	5233
the control and jurisdiction of the department of administrative	5234
services.	5235

(D) Any instrument by which real property is acquired	5236
pursuant to this section shall identify the agency of the state	5237
that has the use and benefit of the real property as specified in	5238
section 5301.012 of the Revised Code.	5239

Sec. 123.152. (A) As used in this section, "EDGE business	5240
enterprise" means a sole proprietorship, association, partnership,	5241
corporation, limited liability corporation, or joint venture	5242
certified as a participant in the encouraging diversity, growth,	5243
and equity program by the director of administrative services	5244
under this section of the Revised Code.	5245

(B) The director of administrative services shall establish a	5246
business assistance program known as the encouraging diversity,	5247
growth, and equity program and shall adopt rules in accordance	5248
with Chapter 119. of the Revised Code to administer the program	5249
~~and~~ that do all of the following:	5250

(1) Establish procedures by which a sole proprietorship,	5251
association, partnership, corporation, limited liability	5252
corporation, or joint venture may apply for certification as an	5253
EDGE business enterprise;	5254

(2) ~~Establish~~Except as provided in division (B)(14) of this	5255
section, establish agency procurement goals for contracting with	5256
EDGE business enterprises in the award of contracts under Chapters	5257
123., 125., and 153. of the Revised Code based on the availability	5258
of eligible program participants by region or geographic area, as	5259
determined by the director, and by standard industrial code or	5260
equivalent code classification.	5261

(a) Goals established under division (B)(2) of this section	5262
shall be based on a percentage level of participation and a	5263
percentage of contractor availability.	5264

(b) Goals established under division (B)(2) of this section	5265
shall be applied at the contract level, relative to an overall	5266
dollar goal for each state agency, in accordance with the	5267
following certification categories: construction, architecture,	5268
and engineering; professional services; goods and services; and	5269
information technology services.	5270

(3) Establish a system of certifying EDGE business	5271
enterprises based on a requirement that the business owner or	5272
owners show both social and economic disadvantage based on the	5273
following, as determined to be sufficient by the director:	5274

(a) Relative wealth of the business seeking certification as	5275
well as the personal wealth of the owner or owners of the	5276
business;	5277

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

5278

(i) A rebuttable presumption when the business owner or	5279
owners demonstrate membership in a racial minority group or show	5280
personal disadvantage due to color, ethnic origin, gender,	5281
physical disability, long-term residence in an environment	5282
isolated from the mainstream of American society, location in an	5283
area of high unemployment;	5284

(ii) Some other demonstration of personal disadvantage not	5285
common to other small businesses;	5286

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

5287

(c) Economic disadvantage based on economic and business size	5288
thresholds and eligibility criteria designed to stimulate economic	5289
development through contract awards to businesses located in	5290
qualified census tracts.	5291

(4) Establish standards to determine when an EDGE business	5292
enterprise no longer qualifies for EDGE business enterprise	5293
certification;	5294

(5) Develop a process for evaluating and adjusting goals	5295
established by this section to determine what adjustments are	5296
necessary to achieve participation goals established by the	5297
director;	5298

(6) Establish a point system or comparable system to evaluate	5299
bid proposals to encourage EDGE business enterprises to	5300
participate in the procurement of professional design and	5301
information technology services;	5302

(7) Establish a system to track data and analyze each	5303
certification category established under division (B)(2)(b) of	5304
this section;	5305

(8) Establish a process to mediate complaints and to review	5306
EDGE business enterprise certification appeals;	5307

(9) Implement an outreach program to educate potential	5308
participants about the encouraging diversity, growth, and equity	5309
program;	5310

(10) Establish a system to assist state agencies in	5311
identifying and utilizing EDGE business enterprises in their	5312
contracting processes;	5313

(11) Implement a system of self-reporting by EDGE business	5314
enterprises as well as an on-site inspection process to validate	5315
the qualifications of an EDGE business enterprise;	5316

(12) Establish a waiver mechanism to waive program goals or	5317
participation requirements for those companies that, despite their	5318
best-documented efforts, are unable to contract with certified	5319
EDGE business enterprises;	5320

(13) Establish a process for monitoring overall program	5321
compliance in which equal employment opportunity officers	5322
primarily are responsible for monitoring their respective	5323
agencies;	5324

(14) Establish guidelines for state universities as defined	5325
in section 3345.011 of the Revised Code and the Ohio school	5326
facilities commission created in section 3318.30 of the Revised	5327
Code for awarding contracts pursuant to Chapters 153., 3318., and	5328
3345. of the Revised Code to allow the universities and commission	5329
to establish agency procurement goals for contracting with EDGE	5330
business enterprises.	5331

(C) ~~Not later than December 31, 2003, the director of~~	5332
~~administrative services shall prepare a detailed report to the~~	5333
~~governor outlining and evaluating the progress made in~~	5334
~~implementing the~~Business and personal financial information and	5335
trade secrets submitted by encouraging diversity, growth, and	5336
equity program applicants to the director pursuant to this section	5337
are not public records for purposes of section 149.43 of the	5338
Revised Code, unless the director presents the financial	5339
information or trade secrets at a public hearing or public	5340
proceeding regarding the applicant's eligibility to participate in	5341
the program.	5342

Sec. 123.17. (A) As used in this section, "institution of	5343
higher education" means a state university or college, as defined	5344
in section 3345.12 of the Revised Code, or a state community	5345
college.	5346

(B) ~~The~~Not later than December 30, 2005, the state architect	5347
shall establish a local administration competency certification	5348
program to certify institutions of higher education to administer	5349
capital facilities projects pursuant to section 3345.51 of the	5350
Revised Code without the supervision, control, or approval of the	5351
department of administrative services. The program shall offer	5352
instruction in the administration of capital facilities projects	5353
for employees of institutions of higher education who are	5354
responsible for such administration and who are selected by their	5355
employing institutions to participate in the program.	5356

(C) The program shall provide instruction about the	5357
provisions of Chapters 9., 123., and 153. of the Revised Code and	5358
any rules or policies adopted by the department regarding the	5359
planning, design, and construction of capital facilities,	5360
including all of the following:	5361

(1) The planning, design, and construction process;

5362

(2) Contract requirements;

5363

(3) Construction management;

5364

(4) Project management.

5365

(D) The state architect shall award local administration	5366
competency certification to any institution of higher education if	5367
all of the following apply:	5368

(1) The institution applied for certification on a form and	5369
in a manner prescribed by the state architect.	5370

(2) The state architect determines that a sufficient number	5371
of the institution's employees, representing a sufficient number	5372
of employee classifications, responsible for the administration of	5373
capital facilities projects ~~has~~have successfully completed the	5374
certification program to ensure that any capital facilities	5375
project undertaken by the institution will be administered	5376
successfully and in accordance with all provisions of the Revised	5377
Code, and the board of trustees of the institution provides	5378
written assurance to the state architect that the institution will	5379
select new employees to participate in the certification program	5380
as necessary to compensate for employee turnover.	5381

(3) The state architect determines that the employees of the	5382
institution enrolled in the program demonstrate successful	5383
completion of the competency certification training and a	5384
satisfactory level of knowledge of and competency in the	5385
requirements for administering capital facilities projects.	5386

(4) The institution pays the fee prescribed by division	5387
~~(E)~~(F) of this section.	5388

(5) The board of trustees of the institution provides written	5389
assurance to the state architect that the institution will conduct	5390
biennial audits of the institution's administration of capital	5391
facilities projects in accordance with division (C) of section	5392
3345.51 of the Revised Code.	5393

(6) The board of trustees of the institution agrees in	5394
writing to indemnify and hold harmless the state and the	5395
department for any claim of injury, loss, or damage that results	5396
from the institution's administration of a capital facilities	5397
project.	5398

(E) Local administration competency certification granted	5399
under this section shall remain in effect for as long as the Ohio	5400
board of regents determines that both of the following apply:	5401

(1) The institution of higher education maintains a	5402
sufficient number of employees responsible for the administration	5403
of capital facilities projects who have successfully completed the	5404
certification program and have demonstrated a satisfactory level	5405
of knowledge of and competency in the requirements for	5406
administering capital facilities projects;	5407

(2) The institution is performing the biennial audits	5408
prescribed in division (C) of section 3345.51 of the Revised Code.	5409

If the board of regents determines that an institution of	5410
higher education has failed to comply with the conditions of	5411
division (E)(1) or (2) of this section, the board shall notify the	5412
state architect of that fact. Upon such notification, the state	5413
architect shall revoke the institution's certification and shall	5414
notify the board of trustees of the institution in writing of the	5415
revocation.	5416

(F) The state architect shall establish, subject to the	5417
approval of the director of budget and management, the amount of	5418
the fee required to be paid by any institution of higher education	5419
that seeks certification under this section. The amount of the	5420
fees shall be set to cover the costs to implement this section,	5421
including the costs for materials and the competency certification	5422
training sessions. Any fees received under this section shall be	5423
paid into the state treasury to the credit of the state	5424
architect's fund established under section 123.10 of the Revised	5425
Code.	5426

~~(F)~~(G) Nothing in this section shall prohibit an institution	5427
that administers a capital facilities project under section	5428
3345.51 of the Revised Code from requesting guidance or other	5429
services from the department of administrative services.	5430

Sec. 124.07. (A) The director of administrative services	5431
shall appoint ~~such~~ examiners, inspectors, clerks, and other	5432
assistants as ~~are~~ necessary to carry out sections 124.01 to 124.64	5433
of the Revised Code. The director may designate persons in or out	5434
of the ~~official~~ service of the state to serve as examiners or	5435
assistants under the director's direction. An examiner or	5436
assistant shall receive ~~such~~the compensation for each day	5437
actually and necessarily spent in the discharge of duties as an	5438
examiner or assistant ~~as is determined by~~that the director	5439
determines; provided, that, if ~~any such~~the examiner or assistant	5440
is in the ~~official~~ service of the state or any political	5441
subdivision of the state, it shall be a part of the examiner's or	5442
assistant's official duties to render ~~such~~those services in	5443
connection with ~~such~~an examination without extra compensation.	5444

(B)(1) Each state agency and each state-supported college ~~and~~	5445
or university shall pay the cost of the services and facilities	5446
furnished to it by the department of administrative services that	5447
are necessary to provide and maintain payroll services as	5448
prescribed in section 125.21 of the Revised Code and state merit	5449
standards as prescribed in sections 124.01 to 124.64 of the	5450
Revised Code for the agency,or state-supported college, or	5451
university. If a municipal corporation chooses to use the services	5452
and facilities furnished by the department that are necessary to	5453
provide and maintain the standards so prescribed, the municipal	5454
corporation shall pay the cost of the services and facilities that	5455
the department furnishes to it. ~~Such~~	5456

Subject to division (B)(2) of this section, the charges	5457
against a state agency, a state-supported college or university,	5458
or a municipal corporation shall be computed on a reasonable cost	5459
basis in accordance with procedures prescribed by the director of	5460
budget and management. ~~Any~~	5461

(2) The department shall biennially report to the governor,	5462
the speaker of the house of representatives, and the president of	5463
the senate regarding the components of the formula that the	5464
department uses to determine the amounts it charges each state	5465
agency and state-supported college or university under division	5466
(B)(1) of this section. The formula shall require that the charges	5467
that a state agency or a state-supported college or university	5468
must pay shall decrease as the percentage of the employees of that	5469
state agency or state-supported college or university who are in	5470
the unclassified civil services increases. Before calculating and	5471
assessing the amount of the charges that a state agency in which	5472
all of the employees are in the unclassified civil service must	5473
pay, the department shall negotiate the amount with that state	5474
agency.	5475

(3) Any moneys the department ~~of administrative services~~	5476
receives from ~~any such~~a state agency, a state-supported college,	5477
or university, or a municipal corporation ~~which~~under this	5478
division that are in excess of the amount necessary to pay the	5479
cost of furnishing ~~such~~the department's services and facilities	5480
during any fiscal year shall be either refunded to or credited for	5481
the ensuing fiscal year to the state agency, the state-supported	5482
college,or university, or the municipal corporation ~~that~~	5483
~~contributed the excess moneys~~.	5484

(C) The director of administrative services may enter into an	5485
agreement with any municipal corporation or other political	5486
subdivision to furnish services and facilities of the department	5487
~~of administrative services~~ in the administration of ~~its~~a merit	5488
program or other functions related to human resources. ~~Such~~The	5489
agreement shall provide that the department shall be reimbursed	5490
for the reasonable costs of ~~such~~those services and facilities as	5491
determined by the director.	5492

(D) All moneys received by the department ~~of administrative~~	5493
~~services~~ as reimbursement for payroll ~~and~~, merit program, or other	5494
human resources services performed and facilities furnished under	5495
this section shall be paid into the state treasury to the credit	5496
of the human resources services fund, which is hereby created.	5497

(E) In counties of the state in which are located cities	5498
having municipal civil service commissions, the director of	5499
administrative services may designate the municipal civil service	5500
commission of the largest city within ~~such~~the county as the	5501
director's agent for the purpose of carrying out ~~such~~the	5502
provisions of sections 124.01 to 124.64 of the Revised Code,	5503
within ~~such counties~~the county, asthat the director designates.	5504
Each municipal civil service commission designated as an agent of	5505
the director shall render to the director, at the end of each	5506
month, ~~render~~ an itemized statement ~~to the director~~ of the cost	5507
incurred by ~~such~~the commission for work done as the agent of the	5508
director, and the director ~~shall~~, after approving ~~such~~that	5509
statement, shall pay the total amount of it to the treasurer of	5510
~~such~~the municipal corporation in the same manner as other	5511
expenses of the department of administrative services.	5512

(F) The director,of administrative services and the	5513
examiners, inspectors, clerks, and assistants referred to in this	5514
section shall receive, in addition to their salaries, ~~receive~~	5515
reimbursement for ~~such~~ necessary traveling and other expenses as	5516
~~are~~ incurred in the actual discharge of their official duties. The	5517
director may also incur the necessary expenses for stationery,	5518
printing, and other supplies incident to the business of the	5519
department ~~of administrative services~~.	5520

Sec. 124.321. (A) Whenever it becomes necessary for an	5521
appointing authority to reduce its work force, the appointing	5522
authority shall lay off employees or abolish their positions in	5523
accordance with sections 124.321 to 124.327 of the Revised Code	5524
and the rules of the director of administrative services.	5525

(B)(1) Employees may be laid off as a result of a lack of	5526
funds within an appointing authority. For appointing authorities	5527
~~which~~that employ persons whose salary or wage is paid by warrant	5528
of the auditor of state, the director of budget and management	5529
shall be responsible for determining whether a lack of funds	5530
exists. For ~~all other~~ appointing authorities ~~which~~that employ	5531
persons whose salary or wage is paid other than by warrant of the	5532
auditor of state, the appointing authority ~~shall~~ itself shall	5533
determine whether a lack of funds exists and shall file a	5534
statement of rationale and supporting documentation with the	5535
director of administrative services prior to sending the layoff	5536
notice.	5537

A(2) As used in this division, a "lack of funds" means an	5538
appointing authority has a current or projected deficiency of	5539
funding to maintain current, or to sustain projected, levels of	5540
staffing and operations. This section does not require any	5541
transfer of money between funds in order to offset a deficiency or	5542
projected deficiency of federal funding for a program.	5543

(3) The director of budget and management shall ~~promulgate~~	5544
adopt rules, under Chapter 119. of the Revised Code, for agencies	5545
whose employees are paid by warrant of the auditor of state, for	5546
determining whether a lack of funds exists.	5547

(C)(1) Employees may be laid off as a result of lack of work	5548
within an appointing authority. For appointing authorities whose	5549
employees are paid by warrant of the auditor of state, the	5550
director of administrative services shall determine whether a lack	5551
of work exists. All other appointing authorities shall themselves	5552
determine whether a lack of work exists and shall file a statement	5553
of rationale and supporting documentation with the director of	5554
administrative services prior to sending the layoff notice of	5555
~~layoff~~.	5556

A(2) As used in this division, a "lack of work~~, for purposes~~	5557
~~of layoff,~~" means an appointing authority has a current or	5558
projected temporary decrease in the workload, expected to last	5559
less than one year, ~~which~~that requires a reduction of current or	5560
projected staffing levels. The determination of a lack of work	5561
shall indicate the current or projected temporary decrease in the	5562
workload of an appointing authority and whether the current or	5563
projected staffing levels of the appointing authority will be	5564
excessive.	5565

(D)(1) Employees may be laid off as a result of abolishment	5566
of positions. ~~Abolishment~~As used in this division, "abolishment"	5567
means the ~~permanent~~ deletion of a position or positions from the	5568
organization or structure of an appointing authority ~~due to lack~~	5569
~~of continued need for the position~~. An	5570

For purposes of this division, an appointing authority may	5571
abolish positions for any one or any combination of the following	5572
reasons: as a result of a reorganization for the efficient	5573
operation of the appointing authority, for reasons of economy, or	5574
for lack of work. ~~The determination of the need to abolish~~	5575
~~positions shall indicate the lack of continued need for positions~~	5576
~~within an appointing authority~~	5577

(2)(a) Reasons of economy permitting an appointing authority	5578
to abolish a position and to lay off the holder of that position	5579
under this division shall be determined at the time the appointing	5580
authority proposes to abolish the position. The reasons of economy	5581
shall be based on the appointing authority's estimated amount of	5582
savings with respect to salary, benefits, and other matters	5583
associated with the abolishment of the position, except that the	5584
reasons of economy associated with the position's abolishment	5585
instead may be based on the appointing authority's estimated	5586
amount of savings with respect to salary and benefits only, if:	5587

(i) Either the appointing authority's operating appropriation	5588
has been reduced by an executive or legislative action, or the	5589
appointing authority has a current or projected deficiency in	5590
funding to maintain current or projected levels of staffing and	5591
operations; and	5592

(ii) The appointing authority files a notice of the	5593
position's abolishment with the director of administrative	5594
services within one year of the occurrence of the applicable	5595
circumstance described in division (D)(2)(a)(i) of this section.	5596

(b) The following principles apply when a circumstance	5597
described in division (D)(2)(a)(i) of this section would serve to	5598
authorize an appointing authority to abolish a position and to lay	5599
off the holder of the position under this division based on the	5600
appointing authority's estimated amount of savings with respect to	5601
salary and benefits only:	5602

(i) The position's abolishment shall be done in good faith	5603
and not as a subterfuge for discipline.	5604

(ii) If a circumstance affects a specific program only, the	5605
appointing authority only may abolish a position within that	5606
program.	5607

(iii) If a circumstance does not affect a specific program	5608
only, the appointing authority may identify a position that it	5609
considers appropriate for abolishment based on the reasons of	5610
economy. ~~Appointing authorities~~	5611

(3) Each appointing authority shall ~~themselves~~ determine	5612
itself whether any position should be abolished and shall file a	5613
statement of rationale and supporting documentation with the	5614
director of administrative services prior to sending the notice of	5615
abolishment. If	5616

If an abolishment results in a reduction of the work force,	5617
the appointing authority shall follow the procedures for laying	5618
off employees, subject to the following modifications:	5619

~~(1)~~(a) The employee whose position has been abolished shall	5620
have the right to fill an available vacancy within the employee's	5621
classification;.	5622

~~(2)~~(b) If the employee whose position has been abolished has	5623
more retention points than any other employee serving in the same	5624
classification, ~~then~~ the employee with the fewest retention points	5625
shall be displaced;.	5626

~~(3)~~(c) If the employee whose position has been abolished has	5627
the fewest retention points in the classification, the employee	5628
shall have the right to fill an available vacancy in a lower	5629
classification in the classification series;.	5630

~~(4)~~(d) If the employee whose position has been abolished has	5631
the fewest retention points in the classification, the employee	5632
shall displace the employee with the fewest retention points in	5633
the next or successively lower classification in the	5634
classification series.	5635

(E) The director of administrative services shall ~~promulgate~~	5636
adopt rules, under Chapter 119. of the Revised Code, for the	5637
determination of lack of work within an appointing authority, for	5638
the abolishment of positions by an appointing authority, and for	5639
the implementation of this section.	5640

Sec. 124.328. A classified employee may appeal a layoff, or	5641
a displacement ~~which~~that is the result of a layoff, to the state	5642
personnel board of review. The appeal shall be filed or	5643
~~post-marked~~postmarked no later than ten days after receipt of the	5644
layoff notice ~~of layoff~~ or after the date the employee is	5645
displaced. In cases involving the laying off of classified	5646
employees, the affected employee or appointing authority may	5647
appeal the decision of the state personnel board of review to the	5648
court of common pleas ~~court. The appeal from the state personnel~~	5649
~~board of review shall be made~~ in accordance with section 119.12 of	5650
the Revised Code.	5651

Sec. 125.041. Nothing in sections 125.02, 125.03 to 125.08,	5652
125.12 to 125.16, 125.18, 125.31 to 125.76, or 125.831 of the	5653
Revised Code shall be construed as limiting the attorney general,	5654
auditor of state, secretary of state, or treasurer of state in any	5655
of the following:	5656

(A) Purchases for less than the dollar amounts for the	5657
purchase of supplies or services determined pursuant to division	5658
(D) of section 125.05 of the Revised Code;	5659

(B) Purchases that equal or exceed the dollar amounts for the	5660
purchase of supplies or services determined pursuant to division	5661
(D) of section 125.05 of the Revised Code with the approval of the	5662
controlling board, if that approval is required by section 127.16	5663
of the Revised Code;	5664

(C) The final determination of the nature or quantity making	5665
any purchase of supplies or services to be purchased pursuant to	5666
section 125.06 of the Revised Code;	5667

(D) The final determination and disposal of excess and	5668
surplus supplies;	5669

(E) The inventory of state property;

5670

(F) The purchase of printing;

5671

(G) ~~The~~Activities related to information technology	5672
development and use;	5673

(H) The fleet management program.

5674

Sec. 125.05. Except as provided in division (E) of this	5675
section, no state agency shall purchase any supplies or services	5676
except as provided in divisions (A) to (C) of this section.	5677

(A) Subject to division (D) of this section, a state agency	5678
may, without competitive selection, make any purchase of services	5679
that cost fifty thousand dollars or less or any purchase of	5680
supplies that cost twenty-five thousand dollars or less. The	5681
agency may make the purchase directly or may make the purchase	5682
from or through the department of administrative services,	5683
whichever the agency determines. The department shall establish	5684
written procedures to assist state agencies when they make direct	5685
purchases. If the agency makes the purchase directly, it shall	5686
make the purchase by a term contract whenever possible.	5687

(B) Subject to division (D) of this section, a state agency	5688
wanting to purchase services that cost more than fifty thousand	5689
dollars or supplies that cost more than twenty-five thousand	5690
dollars shall, unless otherwise authorized by law, make the	5691
purchase from or through the department. The department shall make	5692
the purchase by competitive selection under section 125.07 of the	5693
Revised Code. If the director of administrative services	5694
determines that it is not possible or not advantageous to the	5695
state for the department to make the purchase, the department	5696
shall grant the agency a release and permit under section 125.06	5697
of the Revised Code to make the purchase. Section 127.16 of the	5698
Revised Code does not apply to purchases the department makes	5699
under this section.	5700

(C) An agency that has been granted a release and permit to	5701
make a purchase may make the purchase without competitive	5702
selection if after making the purchase the cumulative purchase	5703
threshold as computed under division (F) of section 127.16 of the	5704
Revised Code would:	5705

(1) Be exceeded and the controlling board approves the	5706
purchase;	5707

(2) Not be exceeded and the department of administrative	5708
services approves the purchase.	5709

(D) Not later than January 31, 1997, the amounts specified in	5710
divisions (A) and (B) of this section and, not later than the	5711
thirty-first day of January of each second year thereafter, any	5712
amounts computed by adjustments made under this division, shall be	5713
increased or decreased by the average percentage increase or	5714
decrease in the consumer price index prepared by the United States	5715
bureau of labor statistics (U.S. City Average for Urban Wage	5716
Earners and Clerical Workers: "All Items 1982-1984=100") for the	5717
twenty-four calendar month period prior to the immediately	5718
preceding first day of January over the immediately preceding	5719
twenty-four calendar month period, as reported by the bureau. The	5720
director of administrative services shall make this determination	5721
and adjust the appropriate amounts accordingly.	5722

(E) If the eTech Ohio ~~SchoolNet~~ commission, the department of	5723
education, or the Ohio education computer network determines that	5724
it can purchase software services or supplies for specified school	5725
districts at a price less than the price for which the districts	5726
could purchase the same software services or supplies for	5727
themselves, the ~~office~~commission, department, or network shall	5728
certify that fact to the department of administrative services	5729
and, acting as an agent for the specified school districts, shall	5730
make that purchase without following the provisions in divisions	5731
(A) to (D) of this section.	5732

Sec. 125.09. (A) Pursuant to section 125.07 of the Revised	5733
Code, the department of administrative services may prescribe ~~such~~	5734
the conditions under which competitive sealed bids will be	5735
received and the terms of the proposed purchase as it considers	5736
necessary; provided, that all ~~such~~of the conditions and terms	5737
shall be reasonable and shall not unreasonably restrict	5738
competition, and that bidders may bid upon all or any item of the	5739
supplies or services listed in ~~such~~the notice. Those bidders	5740
claiming the preference for United States and Ohio products	5741
outlined in this chapter shall designate in their bids either that	5742
the product to be supplied is an Ohio product or that, under the	5743
rules established by the director of administrative services, they	5744
qualify as having a significant Ohio economic presence.	5745

(B) The department of administrative services may require	5746
that each bidder provide sufficient information about the energy	5747
efficiency or energy usage of the bidder's product or service.	5748

(C) The director of administrative services ~~shall~~, by rule	5749
adopted pursuant to Chapter 119. of the Revised Code, shall	5750
prescribe criteria and procedures for use by all state agencies in	5751
giving preference to United States and Ohio products as required	5752
by division (B) of section 125.11 of the Revised Code. The rules	5753
shall extend to the following:	5754

(1) Criteria for determining that a product is produced or	5755
mined in the United States rather than in another country or	5756
territory;	5757

(2) Criteria for determining that a product is produced or	5758
mined in ~~Ohio~~this state;	5759

(3) Information to be submitted by bidders as to the nature	5760
of a product and the location where it is produced or mined;	5761

(4)(a) Criteria and procedures to be used by the director to	5762
qualify bidders located in states bordering ~~Ohio~~this state who	5763
might otherwise be excluded from being awarded a contract by	5764
operation of this section and section 125.11 of the Revised Code.	5765
The criteria and procedures shall recognize the level and	5766
regularity of interstate commerce between ~~Ohio~~this state and the	5767
border states and, except as provided in divisions (C)(4)(b) and	5768
(c) of this section, provide that the non-Ohio businesses may	5769
qualify for the award of a contract as long as they are located in	5770
a state that imposes no greater restrictions than are contained in	5771
this section and section 125.11 of the Revised Code upon persons	5772
located in ~~Ohio~~this state who are selling products or services to	5773
agencies of that state. ~~The~~	5774

(b) The criteria and procedures shall ~~also~~ provide that, in	5775
the case of a contract for state printing, a non-Ohio business	5776
shall not bid on a contract for state printing in this state if	5777
the business is located in a state that excludes Ohio businesses	5778
from bidding on state printing contracts in that state.	5779

(c) The criteria and procedures shall provide that, in the	5780
case of a contract for furniture, preference shall be given to	5781
bidders whose furniture is produced in this state, but that	5782
bidders whose furniture is produced in states bordering this state	5783
may qualify for the award of a contract if compliance with this	5784
requirement would result in the state agency involved paying an	5785
excessive price for the furniture or acquiring disproportionately	5786
inferior furniture.	5787

(5) Criteria and procedures to be used to qualify bidders	5788
whose manufactured products, except for mined products, are	5789
produced in other states or in North America, but the bidders have	5790
a significant Ohio economic presence in terms of the number of	5791
employees or capital investment a bidder has in this state.	5792
Bidders with a significant Ohio economic presence shall qualify	5793
for award of a contract on the same basis as if their products	5794
were produced in this state.	5795

(6) Criteria and procedures for the director to grant waivers	5796
of the requirements of division (B) of section 125.11 of the	5797
Revised Code on a contract-by-contract basis ~~where~~if compliance	5798
with those requirements would result in the state agency involved	5799
paying an excessive price for the product or acquiring a	5800
disproportionately inferior product;	5801

(7) ~~Such other~~Other requirements or procedures reasonably	5802
necessary to implement the system of preferences established	5803
pursuant to division (B) of section 125.11 of the Revised Code.	5804

(D) In adopting the rules required under ~~this~~ division (C) of	5805
this section, the director ~~shall~~of administrative services, to	5806
the maximum extent possible, shall conform to the requirements of	5807
the federal "Buy America Act," 47 Stat. 1520, (1933), 41 U.S.C.A.	5808
10a-10d, as amended, and to the regulations adopted ~~thereunder~~	5809
under that act.	5810

Sec. 125.11. (A) Subject to division (B) of this section,	5811
contracts awarded pursuant to a reverse auction under section	5812
125.072 of the Revised Code or pursuant to competitive sealed	5813
bidding, including contracts awarded under section 125.081 of the	5814
Revised Code, shall be awarded to the lowest responsive and	5815
responsible bidder on each item in accordance with section 9.312	5816
of the Revised Code. When the contract is for meat products as	5817
defined in section 918.01 of the Revised Code or poultry products	5818
as defined in section 918.21 of the Revised Code, only those bids	5819
received from vendors offering products from establishments on the	5820
current list of meat and poultry vendors established and	5821
maintained by the director of administrative services under	5822
section 125.17 of the Revised Code shall be eligible for	5823
acceptance. The department of administrative services may accept	5824
or reject any or all bids in whole or by items, except that when	5825
the contract is for services or products available from a	5826
qualified nonprofit agency pursuant to sections 125.60 to 125.6012	5827
or 4115.31 to 4115.35 of the Revised Code, the contract shall be	5828
awarded to that agency.	5829

(B) Prior to awarding a contract under division (A) of this	5830
section, the department of administrative services or the state	5831
agency responsible for evaluating a contract for the purchase of	5832
products shall evaluate the bids received according to the	5833
criteria and procedures established pursuant to divisions (C)(1)	5834
and (2) of section 125.09 of the Revised Code for determining if a	5835
product is produced or mined in the United States and if a product	5836
is produced or mined in this state. The department or other state	5837
agency shall first remove bids that offer products that have not	5838
been or that will not be produced or mined in the United States.	5839
From among the remaining bids, the department or other state	5840
agency shall select the lowest responsive and responsible bid, in	5841
accordance with section 9.312 of the Revised Code, from among the	5842
bids that offer products that have been produced or mined in this	5843
state where sufficient competition can be generated within this	5844
state to ensure that compliance with these requirements will not	5845
result in an excessive price for the product or acquiring a	5846
disproportionately inferior product. If there are two or more	5847
qualified bids that offer products that have been produced or	5848
mined in this state, it shall be deemed that there is sufficient	5849
competition to prevent an excessive price for the product or the	5850
acquiring of a disproportionately inferior product.	5851

(C) Division (B) of this section applies to contracts for	5852
which competitive bidding is waived by the controlling board.	5853

(D) Division (B) of this section does not apply to the	5854
purchase by the division of liquor control of spirituous liquor.	5855

(E) The director of administrative services shall publish in	5856
the form of a model act for use by counties, townships, municipal	5857
corporations, or any other political subdivision described in	5858
division (B) of section 125.04 of the Revised Code, a system of	5859
preferences for products mined and produced in this state and in	5860
the United States and for Ohio-based contractors. The model act	5861
shall reflect substantial equivalence to the system of preferences	5862
in purchasing and public improvement contracting procedures under	5863
which the state operates pursuant to this chapter and section	5864
153.012 of the Revised Code. To the maximum extent possible,	5865
consistent with the Ohio system of preferences in purchasing and	5866
public improvement contracting procedures, the model act shall	5867
incorporate all of the requirements of the federal "Buy America	5868
Act," 47 Stat. 1520 (1933), 41 U.S.C. 10a to 10d, as amended, and	5869
the rules adopted under that act.	5870

Before and during the development and promulgation of the	5871
model act, the director shall consult with appropriate statewide	5872
organizations representing counties, townships, and municipal	5873
corporations so as to identify the special requirements and	5874
concerns these political subdivisions have in their purchasing and	5875
public improvement contracting procedures. The director shall	5876
promulgate the model act by rule adopted pursuant to Chapter 119.	5877
of the Revised Code and shall revise the act as necessary to	5878
reflect changes in this chapter or section 153.012 of the Revised	5879
Code.	5880

The director shall make available copies of the model act,	5881
supporting information, and technical assistance to any township,	5882
county, or municipal corporation wishing to incorporate the	5883
provisions of the act into its purchasing or public improvement	5884
contracting procedure.	5885

Sec. 125.18. (A) There is hereby established the office of	5886
information technology in the department of administrative	5887
services. The office shall be under the supervision of a chief	5888
information officer to be appointed by the governor and subject to	5889
removal at the pleasure of the governor. The chief information	5890
officer shall serve as the director of the office.	5891

(B) The director of the office of information technology	5892
shall advise the governor regarding the superintendence and	5893
implementation of statewide information technology policy.	5894

(C) The director of the office of information technology	5895
shall lead, oversee, and direct state agency activities related to	5896
information technology development and use. In that regard, the	5897
director shall do all of the following:	5898

(1) Coordinate and superintend statewide efforts to promote	5899
common use and development of technology by multiple state	5900
agencies. The office of information technology relatedly shall	5901
establish policies and standards that govern and direct state	5902
agency participation in statewide programs and initiatives.	5903

(2) Establish policies and standards for the acquisition and	5904
use of information technology by state agencies, including, but	5905
not limited to, hardware, software, technology services, and	5906
security, with which state agencies shall comply;	5907

(3) Establish criteria and review processes to identify state	5908
agency information technology projects that require alignment or	5909
oversight. As appropriate, the office of information technology	5910
shall provide the governor and the director of budget and	5911
management with notice and advice regarding the appropriate	5912
allocation of resources for those projects. The director of the	5913
office of information technology may require state agencies to	5914
provide, and may prescribe the form and manner by which they must	5915
provide, information to fulfill the director's alignment and	5916
oversight role.	5917

(D) The office of information technology may make contracts	5918
for, operate, and superintend technology services for state	5919
agencies in accordance with this chapter.	5920

(E) The office of information technology may establish	5921
cooperative agreements with federal and local government agencies	5922
and state agencies that are not under the authority of the	5923
governor for the provision of technology services and the	5924
development of technology projects.	5925

(F) As used in this section, "state agency" means every	5926
organized body, office, or agency established by the laws of the	5927
state for the exercise of any function of state government, other	5928
than any state-supported institution of higher education, the	5929
office of the auditor of state, treasurer of state, secretary of	5930
state, or attorney general, the public employees retirement	5931
system, the Ohio police and fire pension fund, the state teachers	5932
retirement system, the school employees retirement system, the	5933
state highway patrol retirement system, the general assembly or	5934
any legislative agency, or the courts or any judicial agency.	5935

Sec. 125.25. (A) The director of administrative services may	5936
debar a vendor from consideration for contract awards upon a	5937
finding based upon a reasonable belief that the vendor has done	5938
any of the following:	5939

(1) Abused the selection process by repeatedly withdrawing	5940
bids or proposals before purchase orders or contracts are issued	5941
or failing to accept orders based upon firm bids;	5942

(2) Failed to substantially perform a contract according to	5943
its terms, conditions, and specifications within specified time	5944
limits;	5945

(3) Failed to cooperate in monitoring contract performance by	5946
refusing to provide information or documents required in a	5947
contract, failed to respond to complaints to the vendor, or	5948
accumulated repeated justified complaints regarding performance of	5949
a contract;	5950

(4) Attempted to influence a public employee to breach	5951
ethical conduct standards or to influence a contract award;	5952

(5) Colluded to restrain competition by any means;

5953

(6) Been convicted of a criminal offense related to the	5954
application for or performance of any public or private contract,	5955
including, but not limited to, embezzlement, theft, forgery,	5956
bribery, falsification or destruction of records, receiving stolen	5957
property, and any other offense that directly reflects on the	5958
vendor's business integrity;	5959

(7) Been convicted under state or federal antitrust laws;

5960

(8) Deliberately or willfully submitted false or misleading	5961
information in connection with the application for or performance	5962
of a public contract;	5963

(9) Violated any other responsible business practice or	5964
performed in an unsatisfactory manner as determined by the	5965
director;	5966

(10) Through the default of a contract or through other means	5967
had a determination of unresolved finding for recovery by the	5968
auditor of state under section 9.24 of the Revised Code;	5969

(11) Acted in such a manner as to be debarred from	5970
participating in a contract with any governmental agency.	5971

(B) When the director reasonably believes that grounds for	5972
debarment exist, the director shall send the vendor a notice of	5973
proposed debarment indicating the grounds for the proposed	5974
debarment and the procedure for requesting a hearing on the	5975
proposed debarment. The hearing shall be conducted in accordance	5976
with Chapter 119. of the Revised Code. If the vendor does not	5977
respond with a request for a hearing in the manner specified in	5978
Chapter 119. of the Revised Code, the director shall issue the	5979
debarment decision without a hearing and shall notify the vendor	5980
of the decision by certified mail, return receipt requested.	5981

(C) The director shall determine the length of the debarment	5982
period and may rescind the debarment at any time upon notification	5983
to the vendor. During the period of debarment, the vendor is not	5984
eligible to participate in any state contract. After the debarment	5985
period expires, the vendor shall be eligible to be awarded	5986
contracts by state agencies. (D) The director, through the office	5987
of information technology and the office of procurement services,	5988
shall maintain a list of all vendors currently debarred under this	5989
section.	5990

Sec. 125.60. As used in sections 125.60 to 125.6012 of the	5991
Revised Code:	5992

(A) "Community rehabilitation program" means an agency that:

5993

(1) Is organized under the laws of the United States or this	5994
state such that no part of its net income inures to the benefit of	5995
any shareholder or other individual;	5996

(2) Is certified as a sheltered workshop, if applicable, by	5997
the wage and hour division of the United States department of	5998
labor;	5999

(3) Is registered and in good standing with the secretary of	6000
state as a domestic nonprofit or not-for-profit corporation;	6001

(4) Complies with applicable occupational health and safety	6002
standards required by the laws of the United States or of this	6003
state;	6004

(5) Operates in the interest of persons with work-limiting	6005
disabilities, provides vocational or other employment-related	6006
training to persons with work-limiting disabilities, and employs	6007
persons with work-limiting disabilities in the manufacture of	6008
products or the provision of services;	6009

(6) Is a nonprofit corporation for federal tax purposes.

6010

(B) "Government ordering office" means any of the following:

6011

(1) Any state agency, including the general assembly, the	6012
supreme court, and the office of a state elected official, or any	6013
state authority, board, bureau, commission, institution, or	6014
instrumentality that is funded in total or in part by state money;	6015

(2) A county, township, or village.

6016

(C) "Person with a work-limiting disability" means an	6017
individual who has a disability as defined in the "Americans with	6018
Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C. 12101, and	6019
who:	6020

(1) Because of that disability is substantially limited in	6021
the type or quantity of work the individual can perform or is	6022
prevented from working regularly;	6023

(2) Meets criteria established by the office of procurement	6024
from community rehabilitation programs.	6025

Sec. 125.601. (A) Not later than July 1, 2007, the director	6026
of administrative services shall establish the office of	6027
procurement from community rehabilitation programs within the	6028
department of administrative services. The director shall	6029
designate an employee of the department to serve as administrator	6030
of the office.	6031

(B) Not later than July 1, 2007, the director shall abolish	6032
the state committee for the purchase of products and services	6033
provided by persons with severe disabilities in accordance with	6034
section 4115.36 of the Revised Code.	6035

Sec. 125.602. (A) The department of mental retardation and	6036
developmental disabilities, the department of mental health, the	6037
department of job and family services, the rehabilitation services	6038
commission, and any other state or governmental agency or	6039
community rehabilitation program responsible for the provision of	6040
rehabilitation and vocational educational services to persons with	6041
work-limiting disabilities may, through written agreement,	6042
cooperate in providing resources to the department of	6043
administrative services for the operation of the office of	6044
procurement from community rehabilitation programs. These	6045
resources may include, but are not limited to, leadership and	6046
assistance in dealing with the societal aspects of meeting the	6047
needs of persons with work-limiting disabilities.	6048

(B) The office and all governmental entities that administer	6049
socioeconomic programs may enter into contractual agreements,	6050
cooperative working relationships, or other arrangements that are	6051
necessary for effective coordination and realization of the	6052
objectives of these entities.	6053

Sec. 125.603. (A) The office of procurement from community	6054
rehabilitation programs shall do the following in addition to	6055
other duties specified in sections 125.60 to 125.6012 of the	6056
Revised Code:	6057

(1) Establish, maintain, and periodically update a	6058
procurement list of approved supplies and services available from	6059
qualified nonprofit agencies;	6060

(2) Monitor the procurement practices of government ordering	6061
offices to ensure compliance with sections 125.60 to 125.6012 of	6062
the Revised Code;	6063

(3) In cooperation with qualified nonprofit agencies,	6064
government ordering offices, the department of mental retardation	6065
and developmental disabilities, the department of mental health,	6066
the department of job and family services, and the rehabilitation	6067
services commission, develop and recommend to the director of	6068
administrative services rules the director shall adopt in	6069
accordance with Chapter 119. of the Revised Code for the effective	6070
and efficient administration of sections 125.60 to 125.6012 of the	6071
Revised Code;	6072

(4) Prepare a report of its activities by the last day of	6073
December of each year. The report shall be posted electronically	6074
on the office's web site.	6075

(B) The office of procurement from community rehabilitation	6076
programs may enter into contractual agreements and establish pilot	6077
programs to further the objectives of sections 125.60 to 125.6012	6078
of the Revised Code.	6079

Sec. 125.604. A community rehabilitation program may apply to	6080
the office of procurement from community rehabilitation programs	6081
to be certified as qualified to provide its supplies and services	6082
for procurement by government ordering offices. The office shall	6083
prescribe the form of the application. If the office is satisfied	6084
the program is qualified, it shall certify the program as a	6085
qualified nonprofit agency for the purposes of sections 125.60 to	6086
125.6012 of the Revised Code.	6087

Sec. 125.605. The office of procurement from community	6088
rehabilitation programs may certify any entity to serve as an	6089
authorized agent of a qualified nonprofit agency for the purposes	6090
of sections 125.60 to 125.6012 of the Revised Code. The office	6091
shall prescribe procedures under which an entity can apply and be	6092
considered for such certification. An authorized agent may do any	6093
of the following:	6094

(A) Contract with the office of procurement from community	6095
rehabilitation programs to provide centralized business	6096
facilitation or other assistance to qualified nonprofit agencies.	6097
The office shall consult with qualified nonprofit agencies before	6098
agreeing to such a contract.	6099

(B) Act as a distributor of supplies and services registered	6100
on the procurement list maintained by the office under section	6101
125.603 of the Revised Code;	6102

(C) Provide marketing, administrative, and other services	6103
related to sales.	6104

Sec. 125.606. Prior to purchases by government ordering	6105
offices, the office of procurement from community rehabilitation	6106
programs shall attempt to establish for each item on the	6107
procurement list a fair market price that is representative of the	6108
range of prices that a government ordering office would expect to	6109
pay to purchase the item in the marketplace. When establishing a	6110
fair market price for an item, the office of procurement from	6111
community rehabilitation programs shall consider the costs of	6112
doing business with respect to that item, including sales,	6113
marketing, and research and development costs and agent fees. If	6114
the office of procurement from community rehabilitation programs	6115
cannot establish a fair market price for a particular supply or	6116
service, the government ordering office shall attempt to establish	6117
the fair market price pursuant to division (B) of section 125.607	6118
of the Revised Code for each purchase of such supply or service.	6119

Sec. 125.607. (A) Before purchasing any supply or service, a	6120
governmental ordering office shall determine whether the supply or	6121
service is on the procurement list maintained by the office of	6122
procurement from community rehabilitation programs. If the supply	6123
or service is on the list at an established fair market price, the	6124
government ordering office shall purchase it from the qualified	6125
nonprofit agency or approved agent at that price.	6126

(B) If the supply or service is on the procurement list but a	6127
fair market price has not been established, the government	6128
ordering office shall attempt to negotiate an agreement with one	6129
or more of the listed qualified nonprofit agencies or approved	6130
agents. The office of procurement from community rehabilitation	6131
programs may accept as fair market price an agreement negotiated	6132
between the government ordering office and a qualified nonprofit	6133
agency or approved agent.	6134

(C) If an agreement is not successfully negotiated, the	6135
office may establish a fair market price, or it may release a	6136
government ordering office from the requirements of this section.	6137

(D) A purchase under divisions (A) to (C) of this section is	6138
not subject to any competitive selection or competitive bidding	6139
requirements, notwithstanding any other provision of law.	6140

(E) The department of administrative services has the	6141
authority to structure or regulate competition among qualified	6142
nonprofit agencies for the overall benefit of the program.	6143

Sec. 125.608. All government ordering offices purchasing	6144
supplies and services from qualified non-profit agencies or their	6145
approved agents shall reimburse the department of administrative	6146
services a reasonable sum to cover the department's costs of	6147
administering sections 125.60 to 125.6012 of the Revised Code. The	6148
department may bill administrative costs to government ordering	6149
offices directly, or allow qualified non-profit agencies or	6150
approved agents to collect and remit department administrative	6151
fees, at the department's discretion. Any department	6152
administrative fees collected and remitted by qualified non-profit	6153
agencies or their approved agents shall be considered allowable	6154
expenses in addition to the fair market price approved under	6155
section 125.606 or 125.607 of the Revised Code. The money so paid	6156
shall be deposited in the state treasury to the credit of the	6157
general services fund created under section 125.15 of the Revised	6158
Code.	6159

Sec. 125.609. The office of procurement from community	6160
rehabilitation programs, on its own or pursuant to a request from	6161
a government ordering office, may release a government ordering	6162
office from compliance with sections 125.60 to 125.6012 of the	6163
Revised Code. If the office determines that compliance is not	6164
possible or not advantageous, or if conditions prescribed in rules	6165
as may be adopted under section 125.603 of the Revised Code for	6166
granting a release are met, the office may grant a release. The	6167
release shall be in writing, and shall specify the supplies or	6168
services to which it applies, the period of time during which it	6169
is effective, and the reason for which it is granted.	6170

Sec. 125.6010. Section 125.607 of the Revised Code does not	6171
apply to the purchase of a product or service available from a	6172
state agency, state instrumentality, or political subdivision	6173
under any law in effect on July 1, 2005.	6174

Sec. 125.6011. (A) Nothing in sections 125.60 to 125.6012 of	6175
the Revised Code shall be construed to prohibit the purchase of a	6176
supply or service from a qualified nonprofit agency by a political	6177
subdivision that is not a government ordering office.	6178

(B) Purchases made under this section by a political	6179
subdivision, as defined in section 125.04 of the Revised Code, are	6180
exempt from any competitive selection procedures otherwise	6181
required by law. Purchases under this section shall be made from	6182
qualified non-profit agencies or their approved agents.	6183

(C) A political subdivision, as defined in section 125.04 of	6184
the Revised Code, may not purchase under division (C) of that	6185
section a supply or service on the procurement list established	6186
under section 125.603 of the Revised Code.	6187

Sec. 125.6012. A government ordering office and qualified	6188
nonprofit agency shall provide the necessary information and	6189
documentation requested by the office of procurement from	6190
community rehabilitation programs to enable the office to	6191
effectively administer sections 125.60 to 125.6012 of the Revised	6192
Code.	6193

Sec. 125.831. As used in sections 125.831 to 125.833 of the	6194
Revised Code:	6195

(A) "Law enforcement officer" means an officer, agent, or	6196
employee of a state agency upon whom, by statute, a duty to	6197
conserve the peace or to enforce all or certain laws is imposed	6198
and the authority to arrest violators is conferred, within the	6199
limits of that statutory duty and authority, but does not include	6200
such an officer, agent, or employee if that duty and authority is	6201
location specific.	6202

(B)(1) "Motor vehicle" means any automobile, car minivan,	6203
cargo van, passenger van, sport utility vehicle, or pickup truck	6204
with a gross vehicle weight of under twelve thousand pounds.	6205

(2) "Motor vehicle" does not include, except for the purposes	6206
of division (C) of section 125.832 of the Revised Code, any	6207
vehicle described in division (B)(1) of this section that is used	6208
by a law enforcement officer and law enforcement agency or any	6209
vehicle that is so described and that is equipped with specialized	6210
equipment that is not normally found in such a vehicle and that is	6211
used to carry out a state agency's specific and specialized duties	6212
and responsibilities.	6213

(C) "Specialized equipment" does not include standard mobile	6214
radios with no capabilities other than voice communication,	6215
exterior and interior lights, or roof-mounted caution lights.	6216

(D) "State agency" means every organized body, office, board,	6217
authority, commission, or agency established by the laws of the	6218
state for the exercise of any governmental or quasi-governmental	6219
function of state government regardless of the funding source for	6220
that entity, other than any ~~state-supported~~state institution of	6221
higher education, the office of the governor, lieutenant governor,	6222
auditor of state, treasurer of state, secretary of state, or	6223
attorney general, the general assembly or any legislative agency,	6224
or the courts or any judicial agency, the state highway patrol, or	6225
any state retirement system or retirement program established by	6226
or referenced in the Revised Code.	6227

(E) "State institution of higher education" has the same	6228
meaning as in section 3345.011 of the Revised Code.	6229

Sec. 125.832. (A) The department of administrative services	6230
is granted exclusive authority over the acquisition and management	6231
of all motor vehicles used by state agencies. In carrying out this	6232
authority, the department shall do both of the following:	6233

(1) Approve the purchase or lease of each motor vehicle for	6234
use by a state agency. The department shall decide if a motor	6235
vehicle shall be leased or purchased for that use.	6236

Except as otherwise provided in division (A)(1) of this	6237
section, on and after July 1, 2005, each state agency shall	6238
acquire all passenger motor vehicles under the department's master	6239
leasing program. If the department determines that acquisition	6240
under that program is not the most economical method and if the	6241
department and the state agency acquiring the passenger motor	6242
vehicle can provide economic justification for doing so, the	6243
department may approve the purchase, rather than the lease, of a	6244
passenger motor vehicle for the acquiring state agency.	6245

(2) Direct and approve all funds that are expended for the	6246
purchase, lease, repair, maintenance, registration, insuring, and	6247
other costs related to the possession and operation of motor	6248
vehicles for the use of state agencies.	6249

(B) The director of administrative services shall establish	6250
and operate a fleet management program. The director shall operate	6251
the program for purposes including, but not limited to,	6252
cost-effective acquisition, maintenance, management, analysis, and	6253
disposal of all motor vehicles owned or leased by the state. All	6254
state agencies shall comply with statewide fleet management	6255
policies and procedures established by the director for the	6256
program, including, but not limited to, motor vehicle assignments,	6257
additions of motor vehicles to fleets or motor vehicle	6258
replacements, motor vehicle fueling, and motor vehicle repairs.	6259

(C) The director shall establish and maintain a fleet	6260
reporting system and shall require state agencies to submit to the	6261
department information relative to state motor vehicles, including	6262
motor vehicles described in division (B)(2) of section 125.831 of	6263
the Revised Code, to be used in operating the fleet management	6264
program. State agencies shall provide to the department fleet data	6265
and other information, including, but not limited to, mileage and	6266
costs. The data and other information shall be submitted in	6267
formats and in a manner determined by the department.	6268

(D) All state agency purchases or leases of motor vehicles	6269
are subject to the prior approval of the director under division	6270
(A)(1) of this section.	6271

(E) State agencies that utilize state motor vehicles or pay	6272
mileage reimbursements to employees shall provide a fleet plan to	6273
the department as directed by the department.	6274

(F)(1) The fleets of state agencies that consist of one	6275
hundred or less vehicles on July 1, 2004, shall be managed by the	6276
department's fleet management program on a time schedule	6277
determined by the department, unless the state agency has received	6278
delegated authority as described in division (G) of this section.	6279

(2) The fleets of state agencies that consist of greater than	6280
one hundred motor vehicles, but less than five hundred motor	6281
vehicles, on July 1, 2005, also shall be managed by the	6282
department's fleet management program on a time schedule	6283
determined by the department, unless the state agency has received	6284
delegated authority as described in division (G) of this section.	6285

(G)(1) The department may delegate any or all of its duties	6286
regarding fleet management to a state agency, if the state agency	6287
demonstrates to the satisfaction of the department both of the	6288
following:	6289

(a) Capabilities to institute and manage a fleet management	6290
program, including, but not limited to, the presence of a	6291
certified fleet manager;	6292

(b) Fleet management performance, as demonstrated by fleet	6293
data and other information submitted pursuant to annual reporting	6294
requirements and any other criteria the department considers	6295
necessary in evaluating the performance.	6296

(2) The department may determine that a state agency is not	6297
in compliance with this section and direct that the agency's fleet	6298
management duties be transferred to the department.	6299

(H) The proceeds derived from the disposition of any motor	6300
vehicles under this section shall be paid to whichever of the	6301
following applies:	6302

(1) The fund that originally provided moneys for the purchase	6303
or lease of the motor vehicles;	6304

(2) If the motor vehicles were originally purchased with	6305
moneys derived from the general revenue fund, the proceeds shall	6306
be deposited, in the director's discretion, into the state	6307
treasury ~~for~~to the credit toof either the fleet management fund	6308
created by section 125.83 of the Revised Code or the investment	6309
recovery fund created by section 125.14 of the Revised Code.	6310

(I)(1) The department shall create and maintain a certified	6311
fleet manager program.	6312

(2) State agencies that have received delegated authority as	6313
described in division (G) of this section shall have a certified	6314
fleet manager.	6315

(J) The department annually shall prepare and submit a	6316
statewide fleet report to the governor, the speaker of the house	6317
of representatives, and the president of the senate. The report	6318
shall be submitted not later than the thirty-first day of January	6319
following the end of each fiscal year. It may include, but is not	6320
limited to, the numbers and types of motor vehicles, their	6321
mileage, miles per gallon, and cost per mile, mileage	6322
reimbursements, accident and insurance data, and information	6323
regarding compliance by state agencies having delegated authority	6324
under division (G) of this section with applicable fleet	6325
management requirements.	6326

(K) The director shall adopt rules for implementing the fleet	6327
management program that are consistent with recognized best	6328
practices. The program shall be supported by reasonable fee	6329
charges for the services provided. The director shall collect	6330
these fees and deposit them into the state treasury to the credit	6331
for the fleet management fund created by section 125.83 of the	6332
Revised Code. The setting and collection of fees under this	6333
division is not subject to any restriction imposed by law upon the	6334
director's or the department's authority to set or collect fees.	6335

(L) The director also shall adopt rules that prohibit, except	6336
in very limited circumstances, the exclusive assignment of	6337
state-owned, leased, or pooled motor vehicles to state employees	6338
and that prohibit the reimbursement under section 126.31 of the	6339
Revised Code of state employees who use their own motor vehicles	6340
for any mileage they incur above an amount that the department	6341
shall determine annually unless reimbursement for the excess	6342
mileage is approved by the department in accordance with standards	6343
for that approval the director shall establish in those rules.	6344
Beginning on ~~the effective date of this section~~September 26,	6345
2003, no ~~such~~state-owned, leased, or pooled motor vehicle shall	6346
be personally assigned as any form of compensation or benefit of	6347
state employment, and no ~~such~~state-owned, leased, or pooled motor	6348
vehicle shall be assigned to an employee solely for commuting to	6349
and from home and work.	6350

(M) The director shall do both of the following:

6351

(1) Implement to the greatest extent possible the	6352
recommendations from the 2002 report entitled "Administrative	6353
Analysis of the Ohio Fleet Management Program" in connection with	6354
the authority granted to the department by this section;	6355

(2) Attempt to reduce the number of passenger vehicles used	6356
by state agencies during the fiscal years ending on June 30, 2004,	6357
and June 30, 2005.	6358

(N) Each state agency shall reimburse the department for all	6359
costs incurred in the assignment of motor vehicles to the state	6360
agency.	6361

(O) The director shall do all of the following in managing	6362
the fleet management program:	6363

(1) Determine how motor vehicles will be maintained, insured,	6364
operated, financed, and licensed;	6365

(2) Pursuant to the formula in division (O)(3) of this	6366
section, annually establish the minimum number of business miles	6367
per year an employee of a state agency must drive in order to	6368
qualify for approval by the department to receive a motor vehicle	6369
for business use;	6370

(3) Establish the minimum number of business miles per year	6371
at an amount that results when the annual motor vehicle cost is	6372
divided by the amount that is the reimbursement rate per mile	6373
minus the amount that is the sum of the fuel cost, the operating	6374
cost, and the insurance cost. As used in this division:	6375

(a) "Annual motor vehicle cost" means the price of a motor	6376
vehicle divided by the number of years an average motor vehicle is	6377
used.	6378

(b) "Fuel cost" means the average price per gallon of motor	6379
fuel divided by the miles per gallon fuel efficiency of a motor	6380
vehicle.	6381

(c) "Insurance cost" means the cost of insuring a motor	6382
vehicle per year divided by the number of miles an average motor	6383
vehicle is driven per year.	6384

(d) "Operating cost" means the maintenance cost of a motor	6385
vehicle per year divided by the product resulting when the number	6386
of miles an average motor vehicle is driven per year is multiplied	6387
by the number of years an average motor vehicle is used.	6388

(e) "Reimbursement rate per mile" means the reimbursement per	6389
mile rate for travel expenses as provided by rule of the director	6390
of budget and management adopted under division (B) of section	6391
126.31 of the Revised Code.	6392

(P) Each state institution of higher education shall do all	6393
of the following relating to motor vehicles that the institution	6394
acquires and manages:	6395

(1) Use the department's vehicle fleet management software	6396
system to track the motor vehicles;	6397

(2) Use the department's fuel card program to purchase fuel	6398
for, or to pay for the maintenance of, the motor vehicles;	6399

(3) Make bulk fuel purchases for the motor vehicles under the	6400
department's contract for those purchases.	6401

Sec. 126.25. The accounting and budgeting services provided	6402
by the director of budget and management shall be supported by	6403
user charges. The director shall determine a rate that is	6404
sufficient to defray the expense of those services and the manner	6405
by which those charges shall be collected. All money collected	6406
from user charges shall be deposited in the state treasury to the	6407
credit of the ~~state~~ accounting and budgeting fund, which is hereby	6408
created. Rebates or revenue shares received from any state payment	6409
card program established under division (B) of section 126.21 of	6410
the Revised Code and miscellaneous payments that reimburse	6411
expenses paid from the ~~state~~ accounting and budgeting fund may be	6412
deposited into the ~~state~~ accounting and budgeting fund and used to	6413
support accounting and budgeting services.	6414

Sec. 127.16. (A) Upon the request of either a state agency	6415
or the director of budget and management and after the controlling	6416
board determines that an emergency or a sufficient economic reason	6417
exists, the controlling board may approve the making of a purchase	6418
without competitive selection as provided in division (B) of this	6419
section.	6420

(B) Except as otherwise provided in this section, no state	6421
agency, using money that has been appropriated to it directly,	6422
shall:	6423

(1) Make any purchase from a particular supplier, that would	6424
amount to fifty thousand dollars or more when combined with both	6425
the amount of all disbursements to the supplier during the fiscal	6426
year for purchases made by the agency and the amount of all	6427
outstanding encumbrances for purchases made by the agency from the	6428
supplier, unless the purchase is made by competitive selection or	6429
with the approval of the controlling board;	6430

(2) Lease real estate from a particular supplier, if the	6431
lease would amount to seventy-five thousand dollars or more when	6432
combined with both the amount of all disbursements to the supplier	6433
during the fiscal year for real estate leases made by the agency	6434
and the amount of all outstanding encumbrances for real estate	6435
leases made by the agency from the supplier, unless the lease is	6436
made by competitive selection or with the approval of the	6437
controlling board.	6438

(C) Any person who authorizes a purchase in violation of	6439
division (B) of this section shall be liable to the state for any	6440
state funds spent on the purchase, and the attorney general shall	6441
collect the amount from the person.	6442

(D) Nothing in division (B) of this section shall be	6443
construed as:	6444

(1) A limitation upon the authority of the director of	6445
transportation as granted in sections 5501.17, 5517.02, and	6446
5525.14 of the Revised Code;	6447

(2) Applying to medicaid provider agreements under Chapter	6448
5111. of the Revised Code ~~or payments or provider agreements under~~	6449
~~the disability medical assistance program established under~~	6450
~~Chapter 5115. of the Revised Code~~;	6451

(3) Applying to the purchase of examinations from a sole	6452
supplier by a state licensing board under Title XLVII of the	6453
Revised Code;	6454

(4) Applying to entertainment contracts for the Ohio state	6455
fair entered into by the Ohio expositions commission, provided	6456
that the controlling board has given its approval to the	6457
commission to enter into such contracts and has approved a total	6458
budget amount for such contracts as agreed upon by commission	6459
action, and that the commission causes to be kept itemized records	6460
of the amounts of money spent under each contract and annually	6461
files those records with the clerk of the house of representatives	6462
and the clerk of the senate following the close of the fair;	6463

(5) Limiting the authority of the chief of the division of	6464
mineral resources management to contract for reclamation work with	6465
an operator mining adjacent land as provided in section 1513.27 of	6466
the Revised Code;	6467

(6) Applying to investment transactions and procedures of any	6468
state agency, except that the agency shall file with the board the	6469
name of any person with whom the agency contracts to make, broker,	6470
service, or otherwise manage its investments, as well as the	6471
commission, rate, or schedule of charges of such person with	6472
respect to any investment transactions to be undertaken on behalf	6473
of the agency. The filing shall be in a form and at such times as	6474
the board considers appropriate.	6475

(7) Applying to purchases made with money for the per cent	6476
for arts program established by section 3379.10 of the Revised	6477
Code;	6478

(8) Applying to purchases made by the rehabilitation services	6479
commission of services, or supplies, that are provided to persons	6480
with disabilities, or to purchases made by the commission in	6481
connection with the eligibility determinations it makes for	6482
applicants of programs administered by the social security	6483
administration;	6484

(9) Applying to payments by the department of job and family	6485
services under section 5111.13 of the Revised Code for group	6486
health plan premiums, deductibles, coinsurance, and other	6487
cost-sharing expenses;	6488

(10) Applying to any agency of the legislative branch of the	6489
state government;	6490

(11) Applying to agreements or contracts entered into under	6491
section 5101.11, 5101.20, 5101.201, 5101.21, or 5101.214 of the	6492
Revised Code;	6493

(12) Applying to purchases of services by the adult parole	6494
authority under section 2967.14 of the Revised Code or by the	6495
department of youth services under section 5139.08 of the Revised	6496
Code;	6497

(13) Applying to dues or fees paid for membership in an	6498
organization or association;	6499

(14) Applying to purchases of utility services pursuant to	6500
section 9.30 of the Revised Code;	6501

(15) Applying to purchases made in accordance with rules	6502
adopted by the department of administrative services of motor	6503
vehicle, aviation, or watercraft fuel, or emergency repairs of	6504
such vehicles;	6505

(16) Applying to purchases of tickets for passenger air	6506
transportation;	6507

(17) Applying to purchases necessary to provide public	6508
notifications required by law or to provide notifications of job	6509
openings;	6510

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

6511

(19) Applying to purchases of liquor for resale by the	6512
division of liquor control;	6513

(20) Applying to purchases of motor courier and freight	6514
services made in accordance with department of administrative	6515
services rules;	6516

(21) Applying to purchases from the United States postal	6517
service and purchases of stamps and postal meter replenishment	6518
from vendors at rates established by the United States postal	6519
service;	6520

(22) Applying to purchases of books, periodicals, pamphlets,	6521
newspapers, maintenance subscriptions, and other published	6522
materials;	6523

(23) Applying to purchases from other state agencies,	6524
including state-assisted institutions of higher education;	6525

(24) Limiting the authority of the director of environmental	6526
protection to enter into contracts under division (D) of section	6527
3745.14 of the Revised Code to conduct compliance reviews, as	6528
defined in division (A) of that section;	6529

(25) Applying to purchases from a qualified nonprofit agency	6530
pursuant to sections 125.60 to 125.6012 or 4115.31 to 4115.35 of	6531
the Revised Code;	6532

(26) Applying to payments by the department of job and family	6533
services to the United States department of health and human	6534
services for printing and mailing notices pertaining to the tax	6535
refund offset program of the internal revenue service of the	6536
United States department of the treasury;	6537

(27) Applying to contracts entered into by the department of	6538
mental retardation and developmental disabilities under sections	6539
5123.18, 5123.182, and 5123.199 of the Revised Code;	6540

(28) Applying to payments made by the department of mental	6541
health under a physician recruitment program authorized by section	6542
5119.101 of the Revised Code;	6543

(29) Applying to contracts entered into with persons by the	6544
director of commerce for unclaimed funds collection and remittance	6545
efforts as provided in division (F) of section 169.03 of the	6546
Revised Code. The director shall keep an itemized accounting of	6547
unclaimed funds collected by those persons and amounts paid to	6548
them for their services.	6549

(30) Applying to purchases made by a state institution of	6550
higher education in accordance with the terms of a contract	6551
between the vendor and an inter-university purchasing group	6552
comprised of purchasing officers of state institutions of higher	6553
education;	6554

(31) Applying to the department of job and family services'	6555
purchases of health assistance services under the children's	6556
health insurance program part I provided for under section 5101.50	6557
of the Revised Code or the children's health insurance program	6558
part II provided for under section 5101.51 of the Revised Code;	6559

(32) Applying to payments by the attorney general from the	6560
reparations fund to hospitals and other emergency medical	6561
facilities for performing medical examinations to collect physical	6562
evidence pursuant to section 2907.28 of the Revised Code;	6563

(33) Applying to contracts with a contracting authority or	6564
administrative receiver under division ~~(G)(2)~~(B) of section	6565
~~5126.055~~5126.056 of the Revised Code;	6566

(34) Applying to reimbursements paid to the United States	6567
department of veterans affairs for pharmaceutical and patient	6568
supply purchases made on behalf of the Ohio veterans' home agency;	6569

(35) Applying to agreements the department of job and family	6570
services enters into with terminal distributors of dangerous drugs	6571
under section 5110.12 of the Revised Code.	6572

(E) Notwithstanding division (B)(1) of this section, the	6573
cumulative purchase threshold shall be seventy-five thousand	6574
dollars for the departments of mental retardation and	6575
developmental disabilities, mental health, rehabilitation and	6576
correction, and youth services.	6577

(F) When determining whether a state agency has reached the	6578
cumulative purchase thresholds established in divisions (B)(1),	6579
(B)(2), and (E) of this section, all of the following purchases by	6580
such agency shall not be considered:	6581

(1) Purchases made through competitive selection or with	6582
controlling board approval;	6583

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

6584

(3) For the purposes of the thresholds of divisions (B)(1)	6585
and (E) of this section only, leases of real estate.	6586

(G) As used in this section, "competitive selection,"	6587
"purchase," "supplies," and "services" have the same meanings as	6588
in section 125.01 of the Revised Code.	6589

Sec. 131.02. (A) Whenever any amount is payable to the state,	6590
the officer, employee, or agent responsible for administering the	6591
law under which the amount is payable shall immediately proceed to	6592
collect the amount or cause the amount to be collected and shall	6593
pay the amount into the state treasury or into the appropriate	6594
custodial fund in the manner set forth pursuant to section 113.08	6595
of the Revised Code. IfExcept as otherwise provided in this	6596
division, if the amount is not paid within forty-five days after	6597
payment is due, the officer, employee, or agent shall certify the	6598
amount due to the attorney general, in the form and manner	6599
prescribed by the attorney general, and notify the director of	6600
budget and management thereof. In the case of an amount payable by	6601
a student enrolled in a state institution of higher education, the	6602
amount shall be certified within the later of forty-five days	6603
after the amount is due or the tenth day after the beginning of	6604
the next academic semester, quarter, or other session following	6605
the session for which the payment is payable. The attorney general	6606
may assess the collection cost to the amount certified in such	6607
manner and amount as prescribed by the attorney general.	6608

For the purposes of this section, a payment is due at the	6609
time provided in divisions (A)(1) to (9) of this section. If more	6610
than one division applies to a payment, the payment is due at the	6611
earliest of the applicable times.	6612

(1) If a law, including an administrative rule, of this state	6613
prescribes the time a payment is required to be made or reported,	6614
when the payment is required by that law to be paid or reported.	6615

(2) If the payment is for services rendered, when the	6616
rendering of the services is completed.	6617

(3) If the payment is reimbursement for a loss, when the loss	6618
is incurred.	6619

(4) In the case of a fine or penalty for which a law or	6620
administrative rule does not prescribe a time for payment, when	6621
the fine or penalty is first assessed.	6622

(5) If the payment arises from a legal finding, judgment, or	6623
adjudication order, when the finding, judgment, or order is	6624
rendered or issued.	6625

(6) If the payment arises from an overpayment of money by the	6626
state to another person, when the overpayment is discovered.	6627

(7) The date on which the amount for which an individual is	6628
personally liable under section 5735.35, section 5739.33, or	6629
division (G) of section 5747.07 of the Revised Code is determined.	6630

(8) Upon proof of claim being filed in a bankruptcy case.

6631

(9) Any other appropriate time determined by the officer,	6632
employee, or agent responsible for administering the law under	6633
which the amount is payable on the basis of statutory requirements	6634
or ordinary business processes of the state agency to which the	6635
payment is owed.	6636

(B)(1) The attorney general shall give immediate notice by	6637
mail or otherwise to the party indebted of the nature and amount	6638
of the indebtedness.	6639

(2) If the amount payable to this state arises from a tax	6640
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	6641
Code, the notice also shall specify all of the following:	6642

(a) The assessment or case number;

6643

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

6644

(c) The reason for the liability, including, if applicable,	6645
that a penalty or interest is due;	6646

(d) An explanation of how and when interest will be added to	6647
the amount assessed;	6648

(e) That the attorney general and tax commissioner, acting	6649
together, have the authority, but are not required, to compromise	6650
the claim and accept payment over a reasonable time, if such	6651
actions are in the best interest of the state.	6652

(C) The attorney general shall collect the claim or secure a	6653
judgment and issue an execution for its collection.	6654

(D) Each claim shall bear interest, from the day on which the	6655
claim became due, at the rate per annum required by section	6656
5703.47 of the Revised Code.	6657

(E) The attorney general and the chief officer of the agency	6658
reporting a claim, acting together, may do any of the following if	6659
such action is in the best interests of the state:	6660

(1) Compromise the claim;

6661

(2) Extend for a reasonable period the time for payment of	6662
the claim by agreeing to accept monthly or other periodic	6663
payments. The agreement may require security for payment of the	6664
claim.	6665

(3) Add fees to recover the cost of processing checks or	6666
other draft instruments returned for insufficient funds and the	6667
cost of providing electronic payment options.	6668

(F)(1) Except as provided in division (F)(2) of this section,	6669
if the attorney general finds, after investigation, that any claim	6670
due and owing to the state is uncollectible, the attorney general,	6671
with the consent of the chief officer of the agency reporting the	6672
claim, may do the following:	6673

(a) Sell, convey, or otherwise transfer the claim to one or	6674
more private entities for collection;	6675

(b) Cancel the claim or cause it to be cancelled.

6676

(2) The attorney general shall cancel or cause to be	6677
cancelled an unsatisfied claim on the date that is forty years	6678
after the date the claim is certified.	6679

Sec. 131.23. The various political subdivisions of this	6680
state may issue bonds, and any indebtedness created by such	6681
issuance shall not be subject to the limitations or included in	6682
the calculation of indebtedness prescribed by sections 133.05,	6683
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	6684
be issued only under the following conditions:	6685

(A) The subdivision desiring to issue such bonds shall obtain	6686
from the county auditor a certificate showing the total amount of	6687
delinquent taxes due and unpayable to such subdivision at the last	6688
semiannual tax settlement.	6689

(B) The fiscal officer of that subdivision shall prepare a	6690
statement, from the books of the subdivision, verified by the	6691
fiscal officer under oath, which shall contain the following facts	6692
of such subdivision:	6693

(1) The total bonded indebtedness;

6694

(2) The aggregate amount of notes payable or outstanding	6695
accounts of the subdivision, incurred prior to the commencement of	6696
the current fiscal year, which shall include all evidences of	6697
indebtedness issued by the subdivision except notes issued in	6698
anticipation of bond issues and the indebtedness of any	6699
nontax-supported public utility;	6700

(3) Except in the case of school districts, the aggregate	6701
current year's requirement for disability financial assistance ~~and~~	6702
~~disability medical assistance~~ provided under Chapter 5115. of the	6703
Revised Code that the subdivision is unable to finance except by	6704
the issue of bonds;	6705

(4) The indebtedness outstanding through the issuance of any	6706
bonds or notes pledged or obligated to be paid by any delinquent	6707
taxes;	6708

(5) The total of any other indebtedness;

6709

(6) The net amount of delinquent taxes unpledged to pay any	6710
bonds, notes, or certificates, including delinquent assessments on	6711
improvements on which the bonds have been paid;	6712

(7) The budget requirements for the fiscal year for bond and	6713
note retirement;	6714

(8) The estimated revenue for the fiscal year.

6715

(C) The certificate and statement provided for in divisions	6716
(A) and (B) of this section shall be forwarded to the tax	6717
commissioner together with a request for authority to issue bonds	6718
of such subdivision in an amount not to exceed seventy per cent of	6719
the net unobligated delinquent taxes and assessments due and owing	6720
to such subdivision, as set forth in division (B)(6) of this	6721
section.	6722

(D) No subdivision may issue bonds under this section in	6723
excess of a sufficient amount to pay the indebtedness of the	6724
subdivision as shown by division (B)(2) of this section and,	6725
except in the case of school districts, to provide funds for	6726
disability financial assistance ~~and disability medical assistance~~,	6727
as shown by division (B)(3) of this section.	6728

(E) The tax commissioner shall grant to such subdivision	6729
authority requested by such subdivision as restricted by divisions	6730
(C) and (D) of this section and shall make a record of the	6731
certificate, statement, and grant in a record book devoted solely	6732
to such recording and which shall be open to inspection by the	6733
public.	6734

(F) The commissioner shall immediately upon issuing the	6735
authority provided in division (E) of this section notify the	6736
proper authority having charge of the retirement of bonds of such	6737
subdivision by forwarding a copy of such grant of authority and of	6738
the statement provided for in division (B) of this section.	6739

(G) Upon receipt of authority, the subdivision shall proceed	6740
according to law to issue the amount of bonds authorized by the	6741
commissioner, and authorized by the taxing authority, provided the	6742
taxing authority of that subdivision may by resolution submit to	6743
the electors of that subdivision the question of issuing such	6744
bonds. Such resolution shall make the declarations and statements	6745
required by section 133.18 of the Revised Code. The county auditor	6746
and taxing authority shall thereupon proceed as set forth in	6747
divisions (C) and (D) of such section. The election on the	6748
question of issuing such bonds shall be held under divisions (E),	6749
(F), and (G) of such section, except that publication of the	6750
notice of such election shall be made on four separate days prior	6751
to such election in one or more newspapers of general circulation	6752
in the subdivisions. Such bonds may be exchanged at their face	6753
value with creditors of the subdivision in liquidating the	6754
indebtedness described and enumerated in division (B)(2) of this	6755
section or may be sold as provided in Chapter 133. of the Revised	6756
Code, and in either event shall be uncontestable.	6757

(H) The per cent of delinquent taxes and assessments	6758
collected for and to the credit of the subdivision after the	6759
exchange or sale of bonds as certified by the commissioner shall	6760
be paid to the authority having charge of the sinking fund of the	6761
subdivision, which money shall be placed in a separate fund for	6762
the purpose of retiring the bonds so issued. The proper authority	6763
of the subdivisions shall provide for the levying of a tax	6764
sufficient in amount to pay the debt charges on all such bonds	6765
issued under this section.	6766

(I) This section is for the sole purpose of assisting the	6767
various subdivisions in paying their unsecured indebtedness, and	6768
providing funds for disability financial assistance ~~and disability~~	6769
~~medical assistance~~. The bonds issued under authority of this	6770
section shall not be used for any other purpose and any exchange	6771
for other purposes, or the use of the money derived from the sale	6772
of such bonds by the subdivision for any other purpose, is	6773
misapplication of funds.	6774

(J) The bonds authorized by this section shall be redeemable	6775
or payable in not to exceed ten years from date of issue and shall	6776
not be subject to or considered in calculating the net	6777
indebtedness of the subdivision. The budget commission of the	6778
county in which the subdivision is located shall annually allocate	6779
such portion of the then delinquent levy due such subdivision	6780
which is unpledged for other purposes to the payment of debt	6781
charges on the bonds issued under authority of this section.	6782

(K) The issue of bonds under this section shall be governed	6783
by Chapter 133. of the Revised Code, respecting the terms used,	6784
forms, manner of sale, and redemption except as otherwise provided	6785
in this section.	6786

The board of county commissioners of any county may issue	6787
bonds authorized by this section and distribute the proceeds of	6788
such bond issues to any or all of the cities and townships of such	6789
counties, according to their relative needs for disability	6790
financial assistance ~~and disability medical assistance~~ as	6791
determined by such county.	6792

All sections of the Revised Code inconsistent with or	6793
prohibiting the exercise of the authority conferred by this	6794
section are inoperative respecting bonds issued under this	6795
section.	6796

Sec. 131.51. In any civil action that is brought before any	6797
court of competent jurisdiction and in which the state is a party,	6798
prior to entering into a consent agreement in which the state must	6799
perform any action that requires the expenditure of state funds,	6800
the state official who represents the state as a party in the	6801
action shall obtain the approval of the consent agreement by the	6802
controlling board.	6803

As used in this section, "state" has the same meaning as in	6804
section 2743.01 of the Revised Code.	6805

Sec. 133.09. (A) Unless it is a township that has adopted a	6806
limited home rule government under Chapter 504. of the Revised	6807
Code, a township shall not incur net indebtedness that exceeds an	6808
amount equal to five per cent of its tax valuation and, except as	6809
specifically authorized by section 505.262 of the Revised Code or	6810
other laws, shall not incur any net indebtedness unless authorized	6811
by vote of the electors.	6812

(B) A township that has adopted a limited home rule	6813
government under Chapter 504. of the Revised Code shall not incur	6814
net indebtedness that exceeds an amount equal to ten and one-half	6815
per cent of its tax valuation, or incur without a vote of the	6816
electors net indebtedness that exceeds an amount equal to five and	6817
one-half per cent of that tax valuation. In calculating the net	6818
indebtedness of a township that has adopted a limited home rule	6819
government, none of the following securities shall be considered:	6820

(1) Self-supporting securities issued for any purpose;

6821

(2) Securities issued for the purpose of purchasing,	6822
constructing, improving, or extending water or sanitary or surface	6823
and storm water sewerage systems or facilities, or a combination	6824
of those systems or facilities, to the extent that an agreement	6825
entered into with another subdivision requires the other	6826
subdivision to pay to the township amounts equivalent to debt	6827
charges on the securities;	6828

(3) Securities that are not general obligations of the	6829
township;	6830

(4) Voted securities issued for the purposes of redevelopment	6831
to the extent that their principal amount does not exceed an	6832
amount equal to two per cent of the tax valuation of the township;	6833

(5) Securities issued for the purpose of acquiring or	6834
constructing roads, highways, bridges, or viaducts, or for the	6835
purpose of acquiring or making other highway permanent	6836
improvements, to the extent that the resolution of the board of	6837
township trustees authorizing the issuance of the securities	6838
includes a covenant to appropriate from money distributed to the	6839
township under Chapter 4501., 4503., 4504., or 5735. of the	6840
Revised Code a sufficient amount to cover debt charges on and	6841
financing costs relating to the securities as they become due;	6842

(6) Securities issued for energy conservation measures under	6843
section 505.264 of the Revised Code.	6844

(C) In calculating the net indebtedness of any township, no	6845
obligation incurred under division (B) of section 513.17 or under	6846
section 505.261, 505.264, 505.265, 505.267, or 505.37 of the	6847
Revised Code, or in connection with a project undertaken pursuant	6848
to section 5540.032 of the Revised Code, shall be considered.	6849

Sec. 140.01. As used in this chapter:

6850

(A) "Hospital agency" means any public hospital agency or any	6851
nonprofit hospital agency.	6852

(B) "Public hospital agency" means any county, board of	6853
county hospital trustees established pursuant to section 339.02 of	6854
the Revised Code, county hospital commission established pursuant	6855
to section 339.14 of the Revised Code, municipal corporation, new	6856
community authority organized under Chapter 349. of the Revised	6857
Code, joint township hospital district, state or municipal	6858
university or college operating or authorized to operate a	6859
hospital facility, or the state.	6860

(C) "Nonprofit hospital agency" means a corporation or	6861
association not for profit, no part of the net earnings of which	6862
inures or may lawfully inure to the benefit of any private	6863
shareholder or individual, that has authority to own or operate a	6864
hospital facility or provides or is to provide services to one or	6865
more other hospital agencies.	6866

(D) "Governing body" means, in the case of a county, the	6867
board of county commissioners or other legislative body; in the	6868
case of a board of county hospital trustees, the board; in the	6869
case of a county hospital commission, the commission; in the case	6870
of a municipal corporation, the council or other legislative	6871
authority; in the case of a new community authority, its board of	6872
trustees; in the case of a joint township hospital district, the	6873
joint township district hospital board; in the case of a state or	6874
municipal university or college, its board of trustees or board of	6875
directors; in the case of a nonprofit hospital agency, the board	6876
of trustees or other body having general management of the agency;	6877
and, in the case of the state, the director of development or the	6878
Ohio higher educational facility commission.	6879

(E) "Hospital facilities" means buildings, structures and	6880
other improvements, additions thereto and extensions thereof,	6881
furnishings, equipment, and real estate and interests in real	6882
estate, used or to be used for or in connection with one or more	6883
hospitals, emergency, intensive, intermediate, extended,	6884
long-term, or self-care facilities, diagnostic and treatment and	6885
out-patient facilities, facilities related to programs for home	6886
health services, clinics, laboratories, public health centers,	6887
research facilities, and rehabilitation facilities, for or	6888
pertaining to diagnosis, treatment, care, or rehabilitation of	6889
sick, ill, injured, infirm, impaired, disabled, or handicapped	6890
persons, or the prevention, detection, and control of disease, and	6891
also includes education, training, and food service facilities for	6892
health professions personnel, housing facilities for such	6893
personnel and their families, and parking and service facilities	6894
in connection with any of the foregoing; and includes any one,	6895
part of, or any combination of the foregoing; and further includes	6896
site improvements, utilities, machinery, facilities, furnishings,	6897
and any separate or connected buildings, structures, improvements,	6898
sites, utilities, facilities, or equipment to be used in, or in	6899
connection with the operation or maintenance of, or supplementing	6900
or otherwise related to the services or facilities to be provided	6901
by, any one or more of such hospital facilities.	6902

(F) "Costs of hospital facilities" means the costs of	6903
acquiring hospital facilities or interests in hospital facilities,	6904
including membership interests in nonprofit hospital agencies,	6905
costs of constructing hospital facilities, costs of improving one	6906
or more hospital facilities, including reconstructing,	6907
rehabilitating, remodeling, renovating, and enlarging, costs of	6908
equipping and furnishing such facilities, and all financing costs	6909
pertaining thereto, including, without limitation thereto, costs	6910
of engineering, architectural, and other professional services,	6911
designs, plans, specifications and surveys, and estimates of cost,	6912
costs of tests and inspections, the costs of any indemnity or	6913
surety bonds and premiums on insurance, all related direct or	6914
allocable administrative expenses pertaining thereto, fees and	6915
expenses of trustees, depositories, and paying agents for the	6916
obligations, cost of issuance of the obligations and financing	6917
charges and fees and expenses of financial advisors, attorneys,	6918
accountants, consultants and rating services in connection	6919
therewith, capitalized interest on the obligations, amounts	6920
necessary to establish reserves as required by the bond	6921
proceedings, the reimbursement of all moneys advanced or applied	6922
by the hospital agency or others or borrowed from others for the	6923
payment of any item or items of costs of such facilities, and all	6924
other expenses necessary or incident to planning or determining	6925
feasibility or practicability with respect to such facilities, and	6926
such other expenses as may be necessary or incident to the	6927
acquisition, construction, reconstruction, rehabilitation,	6928
remodeling, renovation, enlargement, improvement, equipment, and	6929
furnishing of such facilities, the financing thereof, and the	6930
placing of the same in use and operation, including any one, part	6931
of, or combination of such classes of costs and expenses, and	6932
means the costs of refinancing obligations issued by, or	6933
reimbursement of money advanced by, nonprofit hospital agencies or	6934
others the proceeds of which were used for the payment of costs of	6935
hospital facilities, if the governing body of the public hospital	6936
agency determines that the refinancing or reimbursement advances	6937
the purposes of this chapter, whether or not the refinancing or	6938
reimbursement is in conjunction with the acquisition or	6939
construction of additional hospital facilities.	6940

(G) "Hospital receipts" means all moneys received by or on	6941
behalf of a hospital agency from or in connection with the	6942
ownership, operation, acquisition, construction, improvement,	6943
equipping, or financing of any hospital facilities, including,	6944
without limitation thereto, any rentals and other moneys received	6945
from the lease, sale, or other disposition of hospital facilities,	6946
and any gifts, grants, interest subsidies, or other moneys	6947
received under any federal program for assistance in financing the	6948
costs of hospital facilities, and any other gifts, grants, and	6949
donations, and receipts therefrom, available for financing the	6950
costs of hospital facilities.	6951

(H) "Obligations" means bonds, notes, or other evidences of	6952
indebtedness or obligation, including interest coupons pertaining	6953
thereto, issued or issuable by a public hospital agency to pay	6954
costs of hospital facilities.	6955

(I) "Bond service charges" means principal, interest, and	6956
call premium, if any, required to be paid on obligations.	6957

(J) "Bond proceedings" means one or more ordinances,	6958
resolutions, trust agreements, indentures, and other agreements or	6959
documents, and amendments and supplements to the foregoing, or any	6960
combination thereof, authorizing or providing for the terms,	6961
including any variable interest rates, and conditions applicable	6962
to, or providing for the security of, obligations and the	6963
provisions contained in such obligations.	6964

(K) "Nursing home" has the same meaning as in division (A)(1)	6965
of section 5701.13 of the Revised Code.	6966

(L) "Residential care facility" has the same meaning as in	6967
division (A)(2) of section 5701.13 of the Revised Code.	6968

(M) "Adult care facility" has the same meaning as in division	6969
(A)(3) of section 5701.13 of the Revised Code.	6970

(N) "Independent living facility" means any self-care	6971
facility or other housing facility designed or used as a residence	6972
for elderly persons. An "independent living facility" does not	6973
include a residential facility, or that part of a residential	6974
facility, that is any of the following:	6975

(1) A hospital required to be certified by section 3727.02 of	6976
the Revised Code;	6977

(2) A nursing home or residential care facility;

6978

(3) An adult care facility;

6979

(4) A hospice licensed under section 3712.04 of the Revised	6980
Code;	6981

(5) ~~A habilitation center as defined in section 5123.041 of~~	6982
~~the Revised Code;~~	6983

~~(6)~~ A residential facility for the mentally ill licensed by	6984
the department of mental health under section 5119.22 of the	6985
Revised Code;	6986

~~(7)~~(6) A facility licensed to provide methadone treatment	6987
under section 3793.11 of the Revised Code;	6988

~~(8)~~(7) A facility certified as an alcohol and drug addiction	6989
program under section 3793.06 of the Revised Code;	6990

~~(9)~~(8) A residential facility licensed under section 5123.19	6991
of the Revised Code or a facility providing services under a	6992
contract with the department of mental retardation and	6993
developmental disabilities under section 5123.18 of the Revised	6994
Code;	6995

~~(10)~~(9) A residential facility used as part of a hospital to	6996
provide housing for staff of the hospital or students pursuing a	6997
course of study at the hospital.	6998

Sec. 140.08. (A) Except as otherwise provided in ~~divisions~~	6999
division (B)~~(1) and (2)~~ of this section, all hospital facilities	7000
purchased, acquired, constructed, or owned by a public hospital	7001
agency, or financed in whole or in part by obligations issued by a	7002
public hospital agency, and used, or to be used when completed, as	7003
hospital facilities, and the income therefrom, are exempt from all	7004
taxation within this state, including ad valorem and excise taxes,	7005
notwithstanding any other provisions of law, and hospital agencies	7006
are exempt from taxes levied under Chapters 5739. and 5741. of the	7007
Revised Code. The obligations issued hereafter under section	7008
133.08, 140.06, or 339.15 of the Revised Code or Section 3 of	7009
Article XVIII, Ohio Constitution, to pay costs of hospital	7010
facilities or to refund such obligations, and the transfer	7011
thereof, and the interest and other income from such obligations,	7012
including any profit made on the sale thereof, is free from	7013
taxation within the state.	7014

(B)(1) Division (A) of this section does not exempt	7015
independent living facilities from taxes levied on property or	7016
taxes levied under Chapters 5739. and 5741. of the Revised Code.	7017
If an independent living facility or part of such facility becomes	7018
an adult care facility, nursing home, or residential care facility	7019
on or after January 10, 1991, that part of the independent living	7020
facility that is an adult care facility, nursing home, or	7021
residential care facility is exempt from taxation subject to	7022
division (B)(2) of this section on and after the date it becomes	7023
an adult care facility, nursing home, or residential care	7024
facility.	7025

(2) Division (A) of this section exempts nursing homes,	7026
residential care facilities, and adult care facilities from taxes	7027
levied on property and taxes levied under Chapters 5739. and 5741.	7028
of the Revised Code only until all obligations issued to finance	7029
such homes or facilities, or all refunding or series of refundings	7030
of those obligations, are redeemed or otherwise retired.	7031

(3) Nothing in division (A) of this section exempts any	7032
person subject to this section from the tax levied by Chapter	7033
5751. of the Revised Code, but the tax shall be based solely on	7034
those gross receipts that contribute to such person's unrelated	7035
business taxable income under the Internal Revenue Code of 1986,	7036
100 Stat. 2085, 26 U.S.C. 1, as amended.	7037

Sec. 141.011. Beginning in calendar year 2001, the annual	7038
salaries of the elective officers of the state shall be as follows	7039
rather than as prescribed by divisions (A) to (F) of section	7040
141.01 of the Revised Code:	7041

(A)(1) In calendar year 2001 the annual salary of the	7042
governor shall be one hundred twenty-six thousand four hundred	7043
ninety-seven dollars.	7044

(2) In calendar years 2002 through 2006 the annual salary of	7045
the governor shall be one hundred thirty thousand two hundred	7046
ninety-two dollars.	7047

(3) In calendar year 2007 the annual salary of the governor	7048
shall be the annual salary in 2006 increased by each of the	7049
following percentages in succession:	7050

(a) The lesser of three per cent or the percentage increase,	7051
if any, in the consumer price index from October 1, 2001, to	7052
September 30, 2002, rounded to the nearest one-tenth of one per	7053
cent;	7054

(b) The lesser of three per cent or the percentage increase,	7055
if any, in the consumer price index from October 1, 2002, to	7056
September 30, 2003, rounded to the nearest one-tenth of one per	7057
cent;	7058

(c) The lesser of three per cent or the percentage increase,	7059
if any, in the consumer price index from October 1, 2003, to	7060
September 30, 2004, rounded to the nearest one-tenth of one per	7061
cent;	7062

(d) The lesser of three per cent or the percentage increase,	7063
if any, in the consumer price index from October 1, 2004, to	7064
September 30, 2005, rounded to the nearest one-tenth of one per	7065
cent;	7066

(e) The lesser of three per cent or the percentage increase,	7067
if any, in the consumer price index from October 1, 2005, to	7068
September 30, 2006, rounded to the nearest one-tenth of one per	7069
cent.	7070

(4) In calendar year 2008 and thereafter, the annual salary	7071
of the governor shall be the annual salary in 2007 increased by	7072
the lesser of the following:	7073

(a) Three per cent;

7074

(b) The percentage increase, if any, in the consumer price	7075
index from October 1, 2006, to September 30, 2007, rounded to the	7076
nearest one-tenth of one per cent.	7077

(B)(1) In calendar year 2001 the annual salary of the	7078
lieutenant governor shall be sixty-six thousand three hundred six	7079
dollars.	7080

(2) In calendar years 2002 through 2006 the annual salary of	7081
the lieutenant governor shall be sixty-eight thousand two hundred	7082
ninety-five dollars.	7083

(3) In calendar year 2007 the annual salary of the lieutenant	7084
governor shall be the annual salary in 2006 increased by each of	7085
the following percentages in succession:	7086

(a) The lesser of three per cent or the percentage increase,	7087
if any, in the consumer price index from October 1, 2001, to	7088
September 30, 2002, rounded to the nearest one-tenth of one per	7089
cent;	7090

(b) The lesser of three per cent or the percentage increase,	7091
if any, in the consumer price index from October 1, 2002, to	7092
September 30, 2003, rounded to the nearest one-tenth of one per	7093
cent;	7094

(c) The lesser of three per cent or the percentage increase,	7095
if any, in the consumer price index from October 1, 2003, to	7096
September 30, 2004, rounded to the nearest one-tenth of one per	7097
cent;	7098

(d) The lesser of three per cent or the percentage increase,	7099
if any, in the consumer price index from October 1, 2004, to	7100
September 30, 2005, rounded to the nearest one-tenth of one per	7101
cent;	7102

(e) The lesser of three per cent or the percentage increase,	7103
if any, in the consumer price index from October 1, 2005, to	7104
September 30, 2006, rounded to the nearest one-tenth of one per	7105
cent.	7106

(4) In calendar year 2008 and thereafter, the annual salary	7107
of the lieutenant governor shall be the annual salary in 2007	7108
increased by the lesser of the following:	7109

(a) Three per cent;

7110

(b) The percentage increase, if any, in the consumer price	7111
index from October 1, 2006 to September 30, 2007, rounded to the	7112
nearest one-tenth of one per cent.	7113

If the governor appoints the lieutenant governor as an	7114
administrative department head ~~or as the director of the office of~~	7115
~~criminal justice services under section 108.05 of the Revised~~	7116
~~Code~~, the lieutenant governor may accept the salary for that	7117
office while serving as its head in lieu of the salary for the	7118
office of lieutenant governor.	7119

(C)(1) In calendar year 2001 the annual salary of the	7120
secretary of state, auditor of state, treasurer of state, and	7121
attorney general shall be ninety-three thousand four hundred	7122
forty-seven dollars.	7123

(2) In calendar year 2002 the annual salary of the secretary	7124
of state, auditor of state, treasurer of state, and attorney	7125
general shall be ninety-six thousand two hundred fifty dollars.	7126

(3) In each calendar year from 2003 through 2008, the annual	7127
salary of the secretary of state, auditor of state, treasurer of	7128
state, and attorney general shall be increased by the lesser of	7129
the following:	7130

(a) Three per cent;

7131

(b) The percentage increase, if any, in the consumer price	7132
index over the twelve-month period that ends on the thirtieth day	7133
of September of the immediately preceding year, rounded to the	7134
nearest one-tenth of one per cent.	7135

(D) Upon the death of an elected executive officer of the	7136
state listed in divisions (A) to (F) of section 141.01 of the	7137
Revised Code during that person's term of office, an amount shall	7138
be paid in accordance with section 2113.04 of the Revised Code, or	7139
to that person's estate. The amount shall equal the amount of the	7140
salary that the officer would have received during the remainder	7141
of the officer's unexpired term or an amount equal to the salary	7142
of that person's office for two years, whichever is less.	7143

(E) As used in this section, "consumer price index" has the	7144
same meaning as in section 101.27 of the Revised Code.	7145

Sec. 141.04. (A) The annual salaries of the chief justice of	7146
the supreme court and of the justices and judges named in this	7147
section payable from the state treasury are as follows, rounded to	7148
the nearest fifty dollars:	7149

(1) For the chief justice of the supreme court, the following	7150
amounts effective in the following years:	7151

(a) Beginning January 1, 2000, one hundred twenty-four	7152
thousand nine hundred dollars;	7153

(b) Beginning January 1, 2001, one hundred twenty-eight	7154
thousand six hundred fifty dollars;	7155

(c) After 2001, the amount determined under division (E)(1)	7156
of this section.	7157

(2) For the justices of the supreme court, the following	7158
amounts effective in the following years:	7159

(a) Beginning January 1, 2000, one hundred seventeen thousand	7160
two hundred fifty dollars;	7161

(b) Beginning January 1, 2001, one hundred twenty thousand	7162
seven hundred fifty dollars;	7163

(c) After 2001, the amount determined under division (E)(1)	7164
of this section.	7165

(3) For the judges of the courts of appeals, the following	7166
amounts effective in the following years:	7167

(a) Beginning January 1, 2000, one hundred nine thousand two	7168
hundred fifty dollars;	7169

(b) Beginning January 1, 2001, one hundred twelve thousand	7170
five hundred fifty dollars;	7171

(c) After 2001, the amount determined under division (E)(1)	7172
of this section.	7173

(4) For the judges of the courts of common pleas, the	7174
following amounts effective in the following years:	7175

(a) Beginning January 1, 2000, one hundred thousand five	7176
hundred dollars, reduced by an amount equal to the annual	7177
compensation paid to that judge from the county treasury pursuant	7178
to section 141.05 of the Revised Code;	7179

(b) Beginning January 1, 2001, one hundred three thousand	7180
five hundred dollars, reduced by an amount equal to the annual	7181
compensation paid to that judge from the county treasury pursuant	7182
to section 141.05 of the Revised Code;	7183

(c) After 2001, the aggregate annual salary amount determined	7184
under division (E)(2) of this section reduced by an amount equal	7185
to the annual compensation paid to that judge from the county	7186
treasury pursuant to section 141.05 of the Revised Code.	7187

(5) For the full-time judges of a municipal court or the	7188
part-time judges of a municipal court of a territory having a	7189
population of more than fifty thousand, the following amounts	7190
effective in the following years, which amounts shall be in	7191
addition to all amounts received pursuant to divisions (B)(1)(a)	7192
and (2) of section 1901.11 of the Revised Code from municipal	7193
corporations and counties:	7194

(a) Beginning January 1, 2000, thirty-two thousand six	7195
hundred fifty dollars;	7196

(b) Beginning January 1, 2001, thirty-five thousand five	7197
hundred dollars;	7198

(c) After 2001, the amount determined under division (E)(3)	7199
of this section.	7200

(6) For judges of a municipal court designated as part-time	7201
judges by section 1901.08 of the Revised Code, other than	7202
part-time judges to whom division (A)(5) of this section applies,	7203
and for judges of a county court, the following amounts effective	7204
in the following years, which amounts shall be in addition to any	7205
amounts received pursuant to division (A) of section 1901.11 of	7206
the Revised Code from municipal corporations and counties or	7207
pursuant to division (A) of section 1907.16 of the Revised Code	7208
from counties:	7209

(a) Beginning January 1, 2000, eighteen thousand eight	7210
hundred dollars;	7211

(b) Beginning January 1, 2001, twenty thousand four hundred	7212
fifty dollars;	7213

(c) After 2001, the amount determined under division (E)(4)	7214
of this section.	7215

(B) Except as provided in section 1901.121 of the Revised	7216
Code, except as otherwise provided in this division, and except	7217
for the compensation to which the judges described in division	7218
(A)(5) of this section are entitled pursuant to divisions	7219
(B)(1)(a) and (2) of section 1901.11 of the Revised Code, the	7220
annual salary of the chief justice of the supreme court and of	7221
each justice or judge listed in division (A) of this section shall	7222
be paid in equal monthly installments from the state treasury. If	7223
the chief justice of the supreme court or any justice or judge	7224
listed in division (A)(2), (3), or (4) of this section delivers a	7225
written request to be paid biweekly to the administrative director	7226
of the supreme court prior to the first day of January of any	7227
year, the annual salary of the chief justice or the justice or	7228
judge that is listed in division (A)(2), (3), or (4) of this	7229
section shall be paid, during the year immediately following the	7230
year in which the request is delivered to the administrative	7231
director of the supreme court, biweekly from the state treasury.	7232

(C) Upon the death of the chief justice or a justice of the	7233
supreme court during that person's term of office, an amount shall	7234
be paid in accordance with section 2113.04 of the Revised Code, or	7235
to that person's estate. The amount shall equal the amount of the	7236
salary that the chief justice or justice would have received	7237
during the remainder of the unexpired term or an amount equal to	7238
the salary of office for two years, whichever is less.	7239

(D) Neither the chief justice of the supreme court nor any	7240
justice or judge of the supreme court, the court of appeals, the	7241
court of common pleas, or the probate court shall hold any other	7242
office of trust or profit under the authority of this state or the	7243
United States.	7244

(E)(1) Each calendar year from 2002 through 2008, the annual	7245
salaries of the chief justice of the supreme court and of the	7246
justices and judges named in divisions (A)(2) and (3) of this	7247
section shall be increased by an amount equal to the adjustment	7248
percentage for that year multiplied by the compensation paid the	7249
preceding year pursuant to division (A)(1), (2), or (3) of this	7250
section.	7251

(2) Each calendar year from 2002 through 2008, the aggregate	7252
annual salary payable under division (A)(4) of this section to the	7253
judges named in that division shall be increased by an amount	7254
equal to the adjustment percentage for that year multiplied by the	7255
aggregate compensation paid the preceding year pursuant to	7256
division (A)(4) of this section and section 141.05 of the Revised	7257
Code.	7258

(3) Each calendar year from 2002 through 2008, the salary	7259
payable from the state treasury under division (A)(5) of this	7260
section to the judges named in that division shall be increased by	7261
an amount equal to the adjustment percentage for that year	7262
multiplied by the aggregate compensation paid the preceding year	7263
pursuant to division (A)(5) of this section and division (B)(1)(a)	7264
of section 1901.11 of the Revised Code.	7265

(4) Each calendar year from 2002 through 2008, the salary	7266
payable from the state treasury under division (A)(6) of this	7267
section to the judges named in that division shall be increased by	7268
an amount equal to the adjustment percentage for that year	7269
multiplied by the aggregate compensation paid the preceding year	7270
pursuant to division (A)(6) of this section and division (A) of	7271
section 1901.11 of the Revised Code from municipal corporations	7272
and counties or division (A) of section 1907.16 of the Revised	7273
Code from counties.	7274

(F) In addition to the salaries payable pursuant to this	7275
section, the chief justice of the supreme court and the justices	7276
of the supreme court shall be entitled to a vehicle allowance of	7277
five hundred dollars per month, payable from the state treasury.	7278
The allowance shall be increased on the first day of January of	7279
each odd numbered year by an amount equal to the percentage	7280
increase, if any, in the consumer price index for the immediately	7281
preceding twenty-four month period for which information is	7282
available.	7283

(G) As used in this section:

7284

(1) The "adjustment percentage" for a year is the lesser of	7285
the following:	7286

(a) Three per cent;

7287

(b) The percentage increase, if any, in the consumer price	7288
index over the twelve-month period that ends on the thirtieth day	7289
of September of the immediately preceding year, rounded to the	7290
nearest one-tenth of one per cent.	7291

(2) "Consumer price index" has the same meaning as in section	7292
101.27 of the Revised Code.	7293

(3) "Salary" does not include any portion of the cost,	7294
premium, or charge for health, medical, hospital, dental, or	7295
surgical benefits, or any combination of those benefits, covering	7296
the chief justice of the supreme court or a justice or judge named	7297
in this section and paid on the chief justice's or the justice's	7298
or judge's behalf by a governmental entity.	7299

Sec. 147.05. (A) Before entering upon the duties of the	7300
office of notary public, a notary public shall leave the notary	7301
public's commission with the oath endorsed on the commission with	7302
the clerk of the court of common pleas of the county in which the	7303
notary public resides. The clerk shall record the commission in a	7304
book kept for that purpose. The clerk shall endorse on the margin	7305
of the record and on the back of the commission the time that the	7306
clerk received the commission for record and make a proper index	7307
to all commissions so recorded. For recording and indexing a	7308
commission, the fee of the clerk shall be as provided in division	7309
(R) of section 2303.20 of the Revised Code.	7310

(B) The secretary of state shall maintain a record of the	7311
commissions of each notary public appointed and commissioned by	7312
the secretary of state under this chapter and make a proper index	7313
to that record.	7314

The governor's office shall transfer to the secretary of	7315
state's office, on or after ~~the effective date of this amendment~~	7316
June 6, 2001, the record of notaries public formerly kept by the	7317
governor's office under section 107.10 of the Revised Code. The	7318
secretary of state's office shall maintain that record together	7319
with the record and index of commissions of notaries public	7320
required by this division.	7321

(C) If a notary public legally changes the notary public's	7322
name or address after having been commissioned as a notary public,	7323
the notary public shall notify the secretary of state and the	7324
appropriate clerk of courts within thirty days after the name or	7325
address change. Notification to the secretary of state shall be on	7326
a form prescribed by the secretary of state.	7327

(D) A notary, other than an attorney, who resigns the	7328
person's commission shall deliver to the secretary of state, on a	7329
form prescribed by the secretary of state, a written notice	7330
indicating the effective date of resignation.	7331

Sec. 147.10. No notary public shall do or perform any act as	7332
a notary public knowing that ~~his~~the notary public's term of	7333
office has expired or that the notary public has resigned the	7334
notary public's commission.	7335

Sec. 147.11. A person appointed notary public who performs	7336
any act as such after the expiration of ~~his~~the person's term of	7337
office or after the person resigns the person's commission,	7338
knowing that ~~his~~the person's term has expired or that the person	7339
has resigned, shall forfeit not more than five hundred dollars, to	7340
be recovered by an action in the name of the state. Such act shall	7341
render ~~such~~the person ineligible for reappointment.	7342

Sec. 147.12. An official act done by a notary public after	7343
the expiration of ~~his~~the notary public's term of office or after	7344
the notary public resigns the notary public's commission is as	7345
valid as if done during ~~his~~the notary public's term of office.	7346

Sec. 147.371. (A) Upon receipt of a fee of two dollars and an	7347
affidavit that the original commission of a notary public has been	7348
lost or destroyed, a duplicate commission as notary public shall	7349
be issued by the secretary of state.	7350

(B) Upon receipt of a fee of two dollars and the properly	7351
completed, prescribed form for a name and address change under	7352
division (C) of section 147.05 of the Revised Code, the secretary	7353
of state shall issue a duplicate commission as a notary public.	7354

Sec. 149.30. The Ohio historical society, chartered by this	7355
state as a corporation not for profit to promote a knowledge of	7356
history and archaeology, especially of Ohio, and operated	7357
continuously in the public interest since 1885, may perform public	7358
functions as prescribed by law.	7359

The general assembly may appropriate money to the Ohio	7360
historical society each biennium to carry out the public functions	7361
of the society as enumerated in this section. An appropriation by	7362
the general assembly to the society constitutes an offer to	7363
contract with the society to carry out those public functions for	7364
which appropriations are made. An acceptance by the society of the	7365
appropriated funds constitutes an acceptance by the society of the	7366
offer and is considered an agreement by the society to perform	7367
those functions in accordance with the terms of the appropriation	7368
and the law and to expend the funds only for the purposes for	7369
which appropriated. The governor may request on behalf of the	7370
society, and the controlling board may release, additional funds	7371
to the society for survey, salvage, repair, or rehabilitation of	7372
an emergency nature for which funds have not been appropriated,	7373
and acceptance by the society of those funds constitutes an	7374
agreement on the part of the society to expend those funds only	7375
for the purpose for which released by the controlling board.	7376

The society shall faithfully expend and apply all moneys	7377
received from the state to the uses and purposes directed by law	7378
and for necessary administrative expenses. ~~The~~If the general	7379
assembly appropriates money to the society for grants or subsidies	7380
to other entities for their site-related programs, the society,	7381
except for good cause, shall distribute the money within ninety	7382
days of accepting a grant or subsidy application for the money.	7383
The society shall not retain or charge an administrative, service,	7384
or processing fee of any kind for distributing money to those	7385
entities.	7386

The society shall perform the public function of sending	7387
notice by certified mail to the owner of any property at the time	7388
it is listed on the national register of historic places. The	7389
society shall accurately record all expenditures of such funds in	7390
conformity with generally accepted accounting principles.	7391

The auditor of state shall audit all funds and fiscal records	7392
of the society.	7393

The public functions to be performed by the Ohio historical	7394
society shall include all of the following:	7395

(A) Creating, supervising, operating, protecting,	7396
maintaining, and promoting for public use a system of state	7397
memorials, titles to which may reside wholly or in part with this	7398
state or wholly or in part with the society as provided in and in	7399
conformity to appropriate acts and resolves of the general	7400
assembly, and leasing for renewable periods of two years or less,	7401
with the advice and consent of the attorney general and the	7402
director of administrative services, lands and buildings owned by	7403
the state which are in the care, custody, and control of the	7404
society, all of which shall be maintained and kept for public use	7405
at reasonable hours;	7406

(B) Making alterations and improvements, marking, and	7407
constructing, reconstructing, protecting, or restoring structures,	7408
earthworks, and monuments in its care, and equipping such	7409
facilities with appropriate educational maintenance facilities;	7410

(C) Serving as the archives administration for the state and	7411
its political subdivisions as provided in sections 149.31 to	7412
149.42 of the Revised Code;	7413

(D) Administering a state historical museum, to be the	7414
headquarters of the society and its principal museum and library,	7415
which shall be maintained and kept for public use at reasonable	7416
hours;	7417

(E) Establishing a marking system to identify all designated	7418
historic and archaeological sites within the state and marking or	7419
causing to be marked historic sites and communities considered by	7420
the society to be historically or archaeologically significant;	7421

(F) Publishing books, pamphlets, periodicals, and other	7422
publications about history, archaeology, and natural science and	7423
offering one copy of each regular periodical issue to all public	7424
libraries in this state at a reasonable price, which shall not	7425
exceed one hundred ten per cent more than the total cost of	7426
publication;	7427

(G) Engaging in research in history, archaeology, and natural	7428
science and providing historical information upon request to all	7429
state agencies;	7430

(H) Collecting, preserving, and making available by all	7431
appropriate means and under approved safeguards all manuscript,	7432
print, or near-print library collections and all historical	7433
objects, specimens, and artifacts which pertain to the history of	7434
Ohio and its people, including the following original documents:	7435
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	7436
Ohio Constitution of 1875; design and the letters of patent and	7437
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	7438
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	7439
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	7440
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	7441
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	7442
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	7443
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	7444
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	7445
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	7446
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	7447
(1947);	7448

(I) Encouraging and promoting the organization and	7449
development of county and local historical societies;	7450

(J) Providing to Ohio schools such materials as the society	7451
may prepare to facilitate the instruction of Ohio history at a	7452
reasonable price, which shall not exceed one hundred ten per cent	7453
more than the total cost of preparation and delivery;	7454

(K) Providing advisory and technical assistance to local	7455
societies for the preservation and restoration of historic and	7456
archaeological sites;	7457

(L) Devising uniform criteria for the designation of historic	7458
and archaeological sites throughout the state and advising local	7459
historical societies of the criteria and their application;	7460

(M) Taking inventory, in cooperation with the Ohio arts	7461
council, the Ohio archaeological council, and the archaeological	7462
society of Ohio, of significant designated and undesignated state	7463
and local sites and keeping an active registry of all designated	7464
sites within the state;	7465

(N) Contracting with the owners or persons having an interest	7466
in designated historic or archaeological sites or property	7467
adjacent or contiguous to those sites, or acquiring, by purchase,	7468
gift, or devise, easements in those sites or in property adjacent	7469
or contiguous to those sites, in order to control or restrict the	7470
use of those historic or archaeological sites or adjacent or	7471
contiguous property for the purpose of restoring or preserving the	7472
historical or archaeological significance or educational value of	7473
those sites;	7474

(O) Constructing a monument honoring Governor James A.	7475
Rhodes, which shall stand on the northeast quadrant of the grounds	7476
surrounding the capitol building. The monument shall be	7477
constructed with private funds donated to the Ohio historical	7478
society and designated for this purpose. No public funds shall be	7479
expended to construct this monument. The department of	7480
administrative services shall cooperate with the Ohio historical	7481
society in carrying out this function and shall maintain the	7482
monument in a manner compatible with the grounds of the capitol	7483
building.	7484

(P) Commissioning a portrait of each departing governor,	7485
which shall be displayed in the capitol building. The Ohio	7486
historical society may accept private contributions designated for	7487
this purpose and, at the discretion of its board of trustees, also	7488
may apply for the same purpose funds appropriated by the general	7489
assembly to the society pursuant to this section.	7490

(Q) Planning and developing a center at the capitol building	7491
for the purpose of educating visitors about the history of Ohio,	7492
including its political, economic, and social development and the	7493
design and erection of the capitol building and its grounds. The	7494
Ohio historical society may accept contributions of private moneys	7495
and in-kind services designated for this purpose and may, at the	7496
discretion of its board of trustees, also apply, for the same	7497
purpose, personnel and other resources paid in whole or in part by	7498
its state subsidy.	7499

(R) Submitting an annual report of its activities, programs,	7500
and operations to the governor within two months after the close	7501
of each fiscal year of the state.	7502

The society shall not sell, mortgage, transfer, or dispose of	7503
historical or archaeological sites to which it has title and in	7504
which the state has monetary interest except by action of the	7505
general assembly.	7506

In consideration of the public functions performed by the	7507
Ohio historical society for the state, employees of the society	7508
shall be considered public employees within the meaning of section	7509
145.01 of the Revised Code.	7510

Sec. 150.07. (A) For the purpose stated in section 150.01 of	7511
the Revised Code, the authority may authorize a lender to claim	7512
one of the tax credits allowed under section 5707.031, 5725.19,	7513
5727.241, 5729.08, 5733.49, or 5747.80 of the Revised Code. The	7514
credits shall be authorized by a written contract with the lender.	7515
The contract shall specify the terms under which the lender may	7516
claim the credit, including the amount of loss, if any, the lender	7517
must incur before the lender may claim the credit; specify that	7518
the credit shall not exceed the amount of the loss; and specify	7519
that the lender may claim the credit only for a loss certified by	7520
a program administrator to the authority under the procedures	7521
prescribed under division (B)(6) of section 150.05 of the Revised	7522
Code.	7523

(B) Tax credits may be authorized at any time after the	7524
authority establishes the investment policy under section 150.03	7525
of the Revised Code, but a tax credit so authorized may not be	7526
claimed until the beginning of the fifth year after the authority	7527
establishes the investment policy. A tax credit may not be claimed	7528
after June 30, 2026.	7529

(C) Upon receiving certification of a lender's loss from a	7530
program administrator pursuant to the procedures in the investment	7531
policy, the authority shall issue a tax credit certificate to the	7532
lender, except as otherwise provided in division (D) of this	7533
section. The authority shall not issue a certificate until the	7534
lender, in the manner prescribed by the authority, elects to	7535
receive a refundable or nonrefundable tax credit. The election,	7536
once made, is irrevocable. The certificate shall state the amount	7537
of the credit, whether the credit is refundable or nonrefundable,	7538
and the calendar year, under section 5707.031, 5725.19, 5727.241,	7539
or 5729.08, the tax year, under section 5733.49, or the taxable	7540
year under section 5747.80 of the Revised Code, for which the	7541
credit may be claimed. The authority, in conjunction with the tax	7542
commissioner, shall develop a system for issuing tax credit	7543
certificates for the purpose of verifying that any credit claimed	7544
is a credit issued under this section and is properly taken in the	7545
year specified in the certificate and in compliance with division	7546
(B) of this section.	7547

(D) The authority shall not, in any fiscal year, issue tax	7548
credit certificates in a total amount exceeding twenty million	7549
dollars.	7550

Sec. 150.10. (A) On the first day of January of the second	7551
year after the date of entering into an agreement under section	7552
150.05 of the Revised Code and of each ensuing year, the authority	7553
shall file with the clerk of the house of representatives, the	7554
clerk of the senate, and the chairpersons of the house and senate	7555
standing committees predominantly concerned with economic	7556
development a written report on the Ohio venture capital program.	7557
The report shall include all the following:	7558

(1) A description of the details of the investment policy	7559
established or modified in accordance with sections 150.03 and	7560
150.04 of the Revised Code;	7561

(2) The authority's assessment of the program's achievement	7562
of its purpose stated in section 150.01 of the Revised Code;	7563

(3) The value of tax credit certificates issued by the	7564
authority under section 150.07 of the Revised Code in each fiscal	7565
year ending on or before the preceding thirtieth day of June;	7566

(4) The amount of tax credits claimed pursuant to section	7567
5707.031, 5725.19, 5727.241, 5729.08, 5733.49, or 5747.80 of the	7568
Revised Code, as to the respective taxes involved;	7569

(5) The financial status of the Ohio venture capital fund;

7570

(6) The names of venture capital funds in which money from	7571
the program fund has been invested and the locations of their	7572
principal offices, and the names of the enterprises in which each	7573
of those venture capital funds has invested such money and the	7574
locations of those enterprises' principal offices;	7575

(7) Any recommendations for modifying the program to better	7576
achieve the purpose stated in section 150.01 of the Revised Code.	7577

(B) During each year that a report is issued under division	7578
(A) of this section, the chairperson of the authority, or another	7579
member of the authority designated by the chairperson as the	7580
authority's representative, shall be required to appear in person	7581
before the standing committees of the house and senate	7582
predominantly concerned with economic development to give	7583
testimony concerning the status of the Ohio venture capital	7584
program.	7585

Sec. 153.02. (A) The director of administrative services may	7586
debar a contractor from contract awards for public improvements	7587
under this chapter upon a reasonable belief that the contractor	7588
has done any of the following:	7589

(1) Failed to prosecute the work on a contract with the	7590
diligence or force specified or intended in the contract,	7591
including failure to timely complete all items necessary for	7592
issuance of a certificate of contract completion;	7593

(2) Failed to timely pay subcontractors and material	7594
suppliers on a contract resulting in the filing of a lien under	7595
sections 1311.25 to 1311.32 of the Revised Code;	7596

(3) Defaulted on a contract requiring the execution of a	7597
takeover agreement as set forth in section 153.17 of the Revised	7598
Code;	7599

(4) Failed during the course of a contract to maintain the	7600
coverage required by the bureau of workers' compensation;	7601

(5) Failed during the course of a contract to comply with the	7602
terms of the contractor's drug-free workplace program as required	7603
by the contract;	7604

(6) Failed during the course of a contract to maintain	7605
insurance required by the contract or otherwise by law;	7606

(7) Through the default of a contract or through other means,	7607
had a determination of unresolved finding for recovery by the	7608
auditor of state under section 9.24 of the Revised Code;	7609

(8) Misrepresented the firm's qualifications in the selection	7610
process set forth in sections 153.65 to 153.71 of the Revised	7611
Code;	7612

(9) Attempted to influence a public employee to breach	7613
ethical conduct standards or to influence a contract award;	7614

(10) Colluded to restrain competition by any means;

7615

(11) Been convicted of a criminal offense related to the	7616
application for or performance of any public or private contract,	7617
including, but not limited to, embezzlement, theft, forgery,	7618
bribery, falsification or destruction of records, receiving stolen	7619
property, and any other offense that directly reflects on the	7620
contractor's business integrity;	7621

(12) Been convicted under state or federal antitrust laws;

7622

(13) Deliberately or willfully submitted false or misleading	7623
information in connection with the application for or performance	7624
of a public contract;	7625

(14) Violated any other responsible business practice or	7626
performed in an unsatisfactory manner as determined by the	7627
director;	7628

(15) Acted in such a manner as to be debarred from	7629
participating in a contract with any governmental agency.	7630

(B) When the director reasonably believes that grounds for	7631
debarment exist, the director shall send the contractor a notice	7632
of proposed debarment indicating the grounds for the proposed	7633
debarment and the procedure for requesting a hearing on the	7634
proposed debarment. The hearing shall be conducted in accordance	7635
with Chapter 119. of the Revised Code. If the contractor does not	7636
respond with a request for a hearing in the manner specified in	7637
Chapter 119. of the Revised Code, the director shall issue the	7638
debarment decision without a hearing and shall notify the	7639
contractor of the decision by certified mail, return receipt	7640
requested.	7641

(C) The director shall determine the length of the debarment	7642
period and may rescind the debarment at any time upon notification	7643
to the contractor. During the period of debarment, the contractor	7644
is not eligible to participate in any state contract. After the	7645
debarment period expires, the contractor shall be eligible to be	7646
awarded contracts by state agencies.	7647

(D) The director, through the office of the state architect,	7648
shall maintain a list of all contractors currently debarred under	7649
this section. Any entity awarding a contract for construction of a	7650
public improvement under this chapter may use a contractor's	7651
presence on the debarment list to determine whether a contractor	7652
is responsible under section 9.312 of the Revised Code in the	7653
award of a contract.	7654

Sec. 173.26. (A) Each of the following facilities shall	7655
annually pay to the department of aging six dollars for each bed	7656
maintained by the facility for use by a resident during any part	7657
of the previous year:	7658

(1) Nursing homes, residential care facilities, and homes for	7659
the aging as defined in section 3721.01 of the Revised Code;	7660

(2) Facilities authorized to provide extended care services	7661
under Title XVIII of the "Social Security Act," 49 Stat. 620	7662
(1935), 42 U.S.C. 301, as amended;	7663

(3) County homes and district homes operated pursuant to	7664
Chapter 5155. of the Revised Code;	7665

(4) Adult care facilities as defined in section 3722.01 of	7666
the Revised Code;	7667

(5) Facilities approved by the Veterans Administration under	7668
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	7669
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	7670
the placement and care of veterans.	7671

The department shall, by rule adopted in accordance with	7672
Chapter 119. of the Revised Code, establish deadlines for payments	7673
required by this section. A facility that fails, within ninety	7674
days after the established deadline, to pay a payment required by	7675
this section shall be assessed at two times the original invoiced	7676
payment.	7677

(B) All money collected under this section shall be deposited	7678
in the state treasury to the credit of the office of the state	7679
long-term care ombudsperson program fund, which is hereby created.	7680
Money credited to the fund shall be used solely to pay the costs	7681
of operating the regional long-term care ombudsperson programs.	7682

(C) The state long-term care ombudsperson and the regional	7683
programs may solicit and receive contributions to support the	7684
operation of the office or a regional program, except that no	7685
contribution shall be solicited or accepted that would interfere	7686
with the independence or objectivity of the office or program.	7687

Sec. 173.39. As used in sections 173.39 to 173.393 of the	7688
Revised Code, "community-based long-term care services" has the	7689
same meaning as in section 173.14 of the Revised Code.	7690

Except as provided in section 173.392 of the Revised Code,	7691
the department of aging may not pay a person or government entity	7692
for providing community-based long-term care services under a	7693
program the department administers unless the person or government	7694
entity is certified under section 173.391 of the Revised Code and	7695
provides the services.	7696

Sec. 173.391. (A) The department of aging or its designee	7697
shall do all of the following in accordance with Chapter 119. of	7698
the Revised Code:	7699

(1) Certify a person or government entity to provide	7700
community-based long-term care services under a program the	7701
department administers if the person or government entity	7702
satisfies the requirements for certification established by rules	7703
adopted under division (B) of this section;	7704

(2) When required to do so by rules adopted under division	7705
(B) of this section, take one or more of the following	7706
disciplinary actions against a person or government entity issued	7707
a certificate under division (A)(1) of this section:	7708

(a) Issue a written warning;

7709

(b) Require the submission of a plan of correction;

7710

7711

(d) Remove clients;

7712

(e) Impose a fiscal sanction such as a civil monetary penalty	7713
or an order that unearned funds be repaid;	7714

(f) Revoke the certificate;

7715

(g) Impose another sanction.

7716

(3) Hold hearings when there is a dispute between the	7717
department or its designee and a person or government entity	7718
concerning actions the department or its designee takes or does	7719
not take under division (A)(1) or (2) of this section.	7720

(B) The director of aging shall adopt rules in accordance	7721
with Chapter 119. of the Revised Code establishing certification	7722
requirements and standards for determining which type of	7723
disciplinary action to take under division (A)(2) of this section	7724
in individual situations. The rules shall establish procedures for	7725
all of the following:	7726

(1) Ensuring that PASSPORT agencies, as defined in section	7727
173.41 of the Revised Code, comply with that section;	7728

(2) Evaluating the services provided to ensure that they are	7729
provided in a quality manner advantageous to the individual	7730
receiving the services;	7731

(3) Determining when to take disciplinary action under	7732
division (A)(2) of this section and which disciplinary action to	7733
take.	7734

(C) The procedures established in rules adopted under	7735
division (B)(2) of this section shall require that all of the	7736
following be considered as part of an evaluation:	7737

(1) The service provider's experience and financial	7738
responsibility;	7739

(2) The service provider's ability to comply with standards	7740
for the community-based long-term care services that the provider	7741
provides under a program the department administers;	7742

(3) The service provider's ability to meet the needs of the	7743
individuals served;	7744

(4) Any other factor the director considers relevant.

7745

(D) The rules adopted under division (B)(3) of this section	7746
shall specify that the reasons disciplinary action may be taken	7747
under division (A)(2) of this section include good cause,	7748
including misfeasance, malfeasance, nonfeasance, confirmed abuse	7749
or neglect, financial irresponsibility, or other conduct the	7750
director determines is injurious to the health or safety of	7751
individuals being served.	7752

Sec. 173.392. (A) The department of aging may pay a person or	7753
government entity for providing community-based long-term care	7754
services under a program the department administers, even though	7755
the person or government entity is not certified under section	7756
173.391 of the Revised Code if all of the following are the case:	7757

(1) The person or government entity has a contract with the	7758
department of aging or the department's designee to provide the	7759
services;	7760

(2) The contract includes detailed conditions of	7761
participation for providers of services under a program the	7762
department administers and service standards that the person or	7763
government entity is required to satisfy;	7764

(3) The person or government entity complies with the	7765
contract;	7766

(4) The contract is not for medicaid-funded services, other	7767
than services provided under the PACE program administered by the	7768
department of aging under section 173.50 of the Revised Code.	7769

(B) The director of aging shall adopt rules in accordance	7770
with Chapter 119. of the Revised Code governing both of the	7771
following:	7772

(1) Contracts between the department of aging and persons and	7773
government entities regarding community-based long-term care	7774
services provided under a program the department administers;	7775

(2) The department's payment for community-based long-term	7776
care services provided under such a contract.	7777

Sec. 173.393. (A) Except as provided in division (B) of this	7778
section, the records of an evaluation conducted in accordance with	7779
rules adopted under division (B)(2) of section 173.391 of the	7780
Revised Code are public records for purposes of section 149.43 of	7781
the Revised Code and shall be made available on request of any	7782
person, including individuals receiving or seeking community-based	7783
long-term care services under a program the department of aging	7784
administers.	7785

(B) A part of a record of an evaluation that is otherwise	7786
available as a public record under division (A) of this section is	7787
not available as a public record if its release would violate a	7788
federal or state statute, regulation, or rule, including	7789
regulations adopted by the United States department of health and	7790
human services to implement the health information privacy	7791
provisions of the "Health Insurance Portability and Accountability	7792
Act of 1996," 110 Stat. 1955, 42 U.S.C. 1320d, et seq., as	7793
amended.	7794

Sec. 173.40. There is hereby created a medicaid waiver	7795
component ~~of the medicaid program established under Chapter 5111.~~,	7796
as defined in section 5111.85 of the Revised Code, to be known as	7797
the preadmission screening system providing options and resources	7798
today program, or PASSPORT. The PASSPORT program shall provide	7799
home and community-based services as an alternative to nursing	7800
facility placement for aged and disabled medicaid recipients. The	7801
program shall be operated pursuant to a home and community-based	7802
waiver granted by the United States secretary of health and human	7803
services under section 1915 of the "Social Security Act," 49 Stat.	7804
620 (1935), 42 U.S.C. 1396n, as amended. The department of aging	7805
shall administer the program through a contract entered into with	7806
the department of job and family services under section 5111.91 of	7807
the Revised Code. The ~~directors~~director of ~~aging and~~ job and	7808
family services shall adopt rules under section 5111.85 of the	7809
Revised Code and the director of aging shall adopt rules in	7810
accordance with Chapter 119. of the Revised Code to implement the	7811
program.	7812

~~Sec. 5101.75.~~ Sec. 173.42. (A) As used in ~~sections 5101.75,~~	7813
~~5101.751, 5101.752, 5101.753, and 5101.754 of the Revised Code~~	7814
this section:	7815

(1) "~~Alternative source of long-term care" includes a~~	7816
~~residential care facility licensed under Chapter 3721. of the~~	7817
~~Revised Code, an adult care facility licensed under Chapter 3722.~~	7818
~~of the Revised Code, home and community-based services, and a~~	7819
~~nursing home licensed under Chapter 3721. of the Revised Code that~~	7820
~~is not a nursing facility~~Area agency on aging" means a public or	7821
private nonprofit entity designated under section 173.011 of the	7822
Revised Code to administer programs on behalf of the department of	7823
aging.	7824

(2) "Long-term care consultation" means the process used to	7825
provide services under the long-term care consultation program	7826
established pursuant to this section, including, but not limited	7827
to, such services as the provision of information about long-term	7828
care options and costs, the assessment of an individual's	7829
functional capabilities, and the conduct of all or part of the	7830
reviews, assessments, and determinations specified in sections	7831
5111.202, 5111.204, 5119.061, and 5123.021 of the Revised Code and	7832
the rules adopted under those sections.	7833

(3) "Medicaid" means the medical assistance program	7834
established under Chapter 5111. of the Revised Code.	7835

~~(3)~~(4) "Nursing facility" has the same meaning as in section	7836
5111.20 of the Revised Code.	7837

~~(4)~~(5) "Representative" means a person acting on behalf of an	7838
~~applicant~~individual seeking a long-term care consultation,	7839
applying for admission to a nursing facility, or residing in a	7840
nursing facility. A representative may be a family member,	7841
attorney, hospital social worker, or any other person chosen to	7842
act on behalf of ~~an applicant~~the individual.	7843

~~(5) "Third-party payment source" means a third-party payer as~~	7844
~~defined in section 3901.38 of the Revised Code or medicaid.~~	7845

(B) ~~Effective July 1, 1994, the department of job and family~~	7846
~~services may assess a person applying or intending to apply for~~	7847
~~admission to a nursing facility who is not an applicant for or~~	7848
~~recipient of medicaid to determine whether the person is in need~~	7849
~~of nursing facility services and whether an alternative source of~~	7850
~~long-term care is more appropriate for the person in meeting the~~	7851
~~person's physical, mental, and psychosocial needs than admission~~	7852
~~to the facility to which the person has applied.~~	7853

~~Each assessment shall be performed by the department or an~~	7854
~~agency designated by the department under section 5101.751 of the~~	7855
~~Revised Code and shall be based on information provided by the~~	7856
~~person or the person's representative. It shall consider the~~	7857
~~person's physical, mental, and psychosocial needs and the~~	7858
~~availability and effectiveness of informal support and care. The~~	7859
~~department or designated agency shall determine the person's~~	7860
~~physical, mental, and psychosocial needs by using, to the maximum~~	7861
~~extent appropriate, information from the resident assessment~~	7862
~~instrument specified in rules adopted by the department under~~	7863
~~division (A) of section 5111.231 of the Revised Code. The~~	7864
~~department or designated agency shall also use the criteria and~~	7865
~~procedures established in rules adopted by the department under~~	7866
~~division (I) of this section. Assessments may be performed only by~~	7867
~~persons~~The department of aging shall develop a long-term care	7868
consultation program whereby individuals or their representatives	7869
are provided with long-term care consultations and receive through	7870
these professional consultations information about options	7871
available to meet long-term care needs and information about	7872
factors to consider in making long-term care decisions. The	7873
long-term care consultations provided under the program may be	7874
provided at any appropriate time, as permitted or required under	7875
this section and the rules adopted under it, including either	7876
prior to or after the individual who is the subject of a	7877
consultation has been admitted to a nursing facility.	7878

(C) The long-term care consultation program shall be	7879
administered by the department of aging, except that the	7880
department may enter into a contract with an area agency on aging	7881
or other entity selected by the department under which the program	7882
for a particular area is administered by the area agency on aging	7883
or other entity pursuant to the contract.	7884

(D) The long-term care consultations provided for purposes of	7885
the program shall be provided by individuals certified by the	7886
department under section ~~5101.752~~173.43 of the Revised Code. ~~The~~	7887
~~department or designated agency shall make a recommendation on the~~	7888
~~basis of the assessment and, not later than the time the~~	7889
~~assessment is required to be performed under division (D) of this~~	7890
~~section, give the person assessed written notice of the~~	7891
~~recommendation, which shall explain the basis for the~~	7892
~~recommendation. If the department or designated agency determines~~	7893
~~pursuant to an assessment that an alternative source of long-term~~	7894
~~care is more appropriate for the person than admission to the~~	7895
~~facility to which the person has applied, the department or~~	7896
~~designated agency shall include in the notice possible sources of~~	7897
~~financial assistance for the alternative source of long-term care.~~	7898
~~If the department or designated agency has been informed that the~~	7899
~~person has a representative, it shall give the notice to the~~	7900
~~representative.~~	7901

~~(C) A person~~(E) The information provided through a long-term	7902
care consultation shall be appropriate to the individual's needs	7903
and situation and shall address all of the following:	7904

(1) The availability of any long-term care options open to	7905
the individual;	7906

(2) Sources and methods of both public and private payment	7907
for long-term care services;	7908

(3) Factors to consider when choosing among the available	7909
programs, services, and benefits;	7910

(4) Opportunities and methods for maximizing independence and	7911
self-reliance, including support services provided by the	7912
individual's family, friends, and community.	7913

(F) An individual's long-term care consultation may include	7914
an assessment of the individual's functional capabilities. The	7915
consultation may incorporate portions of the determinations	7916
required under sections 5111.202, 5119.061, and 5123.021 of the	7917
Revised Code and may be provided concurrently with the assessment	7918
required under section 5111.204 of the Revised Code.	7919

(G)(1) Unless an exemption specified in division (I) of this	7920
section is applicable, each individual in the following categories	7921
shall be provided with a long-term care consultation:	7922

(a) Individuals who apply or indicate an intention to apply	7923
for admission to a nursing facility, regardless of the source of	7924
payment to be used for their care in a nursing facility;	7925

(b) Nursing facility residents who apply or indicate an	7926
intention to apply for medicaid;	7927

(c) Nursing facility residents who are likely to spend down	7928
their resources within six months after admission to a nursing	7929
facility to a level at which they are financially eligible for	7930
medicaid;	7931

(d) Individuals who request a long-term care consultation.

7932

(2) In addition to the individuals included in the categories	7933
specified in division (G)(1) of this section, long-term care	7934
consultations may be provided to nursing facility residents who	7935
have not applied and have not indicated an intention to apply for	7936
medicaid. The purpose of the consultations provided to these	7937
individuals shall be to determine continued need for nursing	7938
facility services, to provide information on alternative services,	7939
and to make referrals to alternative services.	7940

(H)(1) When a long-term care consultation is required to be	7941
provided pursuant to division (G)(1) of this section, the	7942
consultation shall be provided as follows or pursuant to division	7943
(H)(2) or (3) of this section:	7944

(a) If the individual for whom the consultation is being	7945
provided has applied for medicaid and the consultation is being	7946
provided concurrently with the assessment required under section	7947
5111.204 of the Revised Code, the consultation shall be completed	7948
in accordance with the applicable time frames specified in that	7949
section for providing a level of care determination based on the	7950
assessment.	7951

(b) In all other cases, the consultation shall be provided	7952
not later than five calendar days after the department or the	7953
program administrator under contract with the department receives	7954
notice of the reason for which the consultation is required to be	7955
provided pursuant to division (G)(1) of this section.	7956

(2) An individual or the individual's representative may	7957
request that a long-term care consultation be provided on a date	7958
that is later than the date required under division (H)(1)(a) or	7959
(b) of this section.	7960

(3) If a long-term care consultation cannot be completed	7961
within the number of days required by division (H)(1) or (2) of	7962
this section, the department or the program administrator under	7963
contract with the department may do any of the following:	7964

(a) Exempt the individual from the consultation pursuant to	7965
rules that may be adopted under division (L) of this section;	7966

(b) In the case of an applicant for admission to a nursing	7967
facility, provide the consultation after the individual is	7968
admitted to the nursing facility;	7969

(c) In the case of a resident of a nursing facility, provide	7970
the consultation as soon as practicable.	7971

(I) An individual is not required to be ~~assessed~~provided a	7972
long-term care consultation under ~~division (B) of~~ this section if	7973
any of the following apply:	7974

(1) The ~~circumstances~~individual or the individual's	7975
representative chooses to forego participation in the consultation	7976
pursuant to criteria specified byin rules adopted under division	7977
~~(I)~~(L) of this section ~~exist.~~;	7978

(2) The ~~person~~individual is to receive care in a nursing	7979
facility under a contract for continuing care as defined in	7980
section 173.13 of the Revised Code.;	7981

(3) The ~~person~~individual has a contractual right to	7982
admission to a nursing facility operated as part of a system of	7983
continuing care in conjunction with one or more facilities that	7984
provide a less intensive level of services, including a	7985
residential care facility licensed under Chapter 3721. of the	7986
Revised Code, an ~~adult-care~~adult care facility licensed under	7987
Chapter 3722. of the Revised Code, or an independent living	7988
arrangement;	7989

(4) The ~~person~~individual is to receive continual care in a	7990
home for the aged exempt from taxation under section 5701.13 of	7991
the Revised Code;	7992

(5) The ~~person is to receive care in the nursing facility for~~	7993
~~not more than fourteen days in order to provide temporary relief~~	7994
~~to the person's primary caregiver and the nursing facility~~	7995
~~notifies the department of the person's admittance not later than~~	7996
~~twenty-four hours after admitting the person~~individual is seeking	7997
admission to a facility that is not a nursing facility with a	7998
provider agreement under section 5111.22 of the Revised Code;	7999

(6) The ~~person~~individual is to be transferred from another	8000
nursing facility~~, unless the nursing facility from which or to~~	8001
~~which the person is to be transferred determines that the person's~~	8002
~~medical condition has changed substantially since the person's~~	8003
~~admission to the nursing facility from which the person is to be~~	8004
~~transferred or a review is required by a third-party payment~~	8005
~~source~~;	8006

(7) The ~~person~~individual is to be readmitted to a nursing	8007
facility following a period of hospitalization~~, unless the~~	8008
~~hospital or nursing facility determines that the person's medical~~	8009
~~condition has changed substantially since the person's admission~~	8010
~~to the hospital, or a review is required by a third-party payment~~	8011
~~source~~;	8012

(8) The ~~department or designated agency fails to complete an~~	8013
~~assessment within the time required by division (D) or (E) of this~~	8014
~~section or determines after a partial assessment that the person~~	8015
~~should be exempt from the assessment~~individual is exempted from	8016
the long-term care consultation requirement by the department or	8017
the program administrator pursuant to rules that may be adopted	8018
under division (L) of this section.	8019

~~(D) The department or designated agency shall perform a~~	8020
~~complete assessment, or, if circumstances provided by rules~~	8021
~~adopted under division (I) of this section exist, a partial~~	8022
~~assessment, as follows:~~	8023

~~(1) In the case of a hospitalized person applying or~~	8024
~~intending to apply to a nursing facility, not later than two~~	8025
~~working days after the person or the person's representative is~~	8026
~~notified that a bed is available in a nursing facility;~~	8027

~~(2) In the case of an emergency as determined in accordance~~	8028
~~with rules adopted under division (I) of this section, not later~~	8029
~~than one working day after the person or the person's~~	8030
~~representative is notified that a bed is available in a nursing~~	8031
~~facility;~~	8032

~~(3) In all other cases, not later than five calendar days~~	8033
~~after the person or the person's representative who submits the~~	8034
~~application is notified that a bed is available in a nursing~~	8035
~~facility.~~	8036

~~(E) If the department or designated agency conducts a partial~~	8037
~~assessment under division (D) of this section, it shall complete~~	8038
~~the rest of the assessment not later than one hundred eighty days~~	8039
~~after the date the person is admitted to the nursing facility~~	8040
~~unless the assessment entity determines the person should be~~	8041
~~exempt from the assessment.~~	8042

~~(F) A person assessed under this section or the person's~~	8043
~~representative may file a complaint with the department about the~~	8044
~~assessment process. The department shall work to resolve the~~	8045
~~complaint in accordance with rules adopted under division (I) of~~	8046
~~this section.~~	8047

~~(G) A person~~(J) At the conclusion of an individual's	8048
long-term care consultation, the department or the program	8049
administrator under contract with the department shall provide the	8050
individual or individual's representative with a written summary	8051
of options and resources available to meet the individual's needs.	8052
Even though the summary may specify that a source of long-term	8053
care other than care in a nursing facility is appropriate and	8054
available, the individual is not required to seek an alternative	8055
source of long-term care and may be admitted to or continue to	8056
reside in a nursing facility ~~even though an alternative source of~~	8057
~~long-term care is available or the person is determined pursuant~~	8058
~~to an assessment under this section not to need nursing facility~~	8059
~~services~~.	8060

~~(H)~~(K) No nursing facility for which an operator has a	8061
provider agreement ~~with the department~~ under section 5111.22 of	8062
the Revised Code shall admit or retain any ~~person, other than a~~	8063
~~person exempt from the assessment requirement as provided by~~	8064
~~division (C) of this section,~~individual as a resident, unless the	8065
nursing facility has received evidence that a ~~complete or partial~~	8066
~~assessment~~long-term care consultation has been completed for the	8067
individual or division (I) of this section is applicable to the	8068
individual.	8069

~~(I)~~(L) The director of ~~job and family services shall~~aging	8070
may adopt any rules ~~in accordance with Chapter 119. of the Revised~~	8071
~~Code to implement and administer~~the director considers necessary	8072
for the implementation and administration of this section. The	8073
rules shall ~~include~~be adopted in accordance with Chapter 119. of	8074
the Revised Code and may specify any or all of the following:	8075

(1) ~~The information a person being assessed or the person's~~	8076
~~representative must provide to enable the department or designated~~	8077
~~agency to do the assessment;~~	8078

~~(2) Criteria to be used to determine whether a person is in~~	8079
~~need of nursing facility services;~~	8080

~~(3) Criteria to be used to determine whether an alternative~~	8081
~~source of long-term care is appropriate for the person being~~	8082
~~assessed;~~	8083

~~(4) Criteria and procedures to be used to determine a~~	8084
~~person's physical, mental, and psychosocial needs;~~	8085

~~(5) Criteria to be used to determine the effectiveness and~~	8086
~~continued availability of a person's current source of informal~~	8087
~~support and care;~~	8088

~~(6) Circumstances, in addition to those specified in division~~	8089
~~(C) of this section, under which a person is not required to be~~	8090
~~assessed;~~	8091

~~(7) Circumstances under which the department or designated~~	8092
~~agency may perform a partial assessment under division (D) of this~~	8093
~~section;~~	8094

~~(8) The method by which a situation will be determined to be~~	8095
~~an emergency for the purpose of division (D)(2) of this section;~~	8096

~~(9) The method by which the department will attempt to~~	8097
~~resolve complaints filed under division (F) of this section~~	8098
Procedures for providing long-term care consultations pursuant to	8099
this section;	8100

(2) Information to be provided through long-term care	8101
consultations regarding long-term care services that are	8102
available;	8103

(3) Criteria under which an individual or the individual's	8104
representative may choose to forego participation in a long-term	8105
care consultation;	8106

(4) Criteria for exempting individuals from the long-term	8107
care consultation requirement;	8108

(5) Circumstances under which it may be appropriate to	8109
provide an individual's long-term care consultation after the	8110
individual's admission to a nursing facility rather than before	8111
admission;	8112

(6) Criteria for identifying nursing facility residents who	8113
would benefit from the provision of a long-term care consultation.	8114

~~(J)~~(M) The director of ~~job and family services~~aging may fine	8115
a nursing facility an amount determined by rules the director	8116
shall adopt in accordance with Chapter 119. of the Revised Code in	8117
~~either of the following circumstances:~~	8118

~~(1) The nursing facility fails to notify the department~~	8119
~~within the required time about an admission described in division~~	8120
~~(C)(5) of this section;~~	8121

~~(2) The~~if the nursing facility admits or retains an	8122
individual, without evidence that a ~~complete or partial assessment~~	8123
long-term care consultation has been ~~conducted~~provided, ~~a person~~	8124
~~other than a person exempt from the assessment requirement~~ as	8125
~~provided~~required by ~~division (C) of~~ this section.	8126

~~The director shall deposit~~In accordance with section 5111.62	8127
of the Revised Code, all fines collected under this division shall	8128
be deposited into the state treasury to the credit of the	8129
residents protection fund ~~established by section 5111.62 of the~~	8130
~~Revised Code~~.	8131

~~Sec. 5101.752.~~ Sec. 173.43. The department of ~~job and family~~	8132
~~services~~aging shall certify ~~registered nurses licensed under~~	8133
~~Chapter 4723. of the Revised Code and social workers and~~	8134
~~independent social workers licensed under Chapter 4757. of the~~	8135
~~Revised Code~~individuals who meet certification requirements	8136
established by rule to ~~perform assessments under~~provide long-term	8137
care consultations for purposes of section ~~5101.75 or 5101.754~~	8138
173.42 of the Revised Code. The director of ~~job and family~~	8139
~~services~~aging shall adopt rules in accordance with Chapter 119.	8140
of the Revised Code governing the certification process and	8141
requirements. The rules shall specify the education, experience,	8142
or training in ~~geriatric~~ long-term care a person must have to	8143
qualify for certification.	8144

Sec. 173.44. (A) As used in this section, "nursing home" and	8145
"residential care facility" have the same meanings as in section	8146
3721.01 of the Revised Code.	8147

(B) The department of aging may conduct an annual survey of	8148
nursing homes and residential care facilities. The survey shall	8149
include questions about capacity, occupancy, and private pay	8150
charges. The department may contract with an outside entity to	8151
conduct the survey and analyze the results. The results of the	8152
survey and any analysis completed by the department or its	8153
designee shall be made available to the general assembly, other	8154
state agencies, nursing home and residential care facility	8155
providers, and the general public.	8156

(C) No nursing home or residential care facility shall	8157
recklessly fail to complete the survey.	8158

Sec. 173.45. As used in this section and in sections 173.46	8159
to 173.49 of the Revised Code:	8160

(A) "Long-term care facility" means a nursing home or	8161
residential care facility.	8162

(B) "Nursing home" and "residential care facility" have the	8163
same meanings as in section 3721.01 of the Revised Code.	8164

(C) "Nursing facility" has the same meaning as in section	8165
5111.20 of the Revised Code.	8166

Sec. 173.46. (A) The department of aging shall develop and	8167
publish a guide to long-term care facilities for use by	8168
individuals considering long-term care facility admission and	8169
their families, friends, and advisors. The guide, which shall be	8170
titled the Ohio long-term care consumer guide, may be published in	8171
printed form or in electronic form for distribution over the	8172
internet. The guide may be developed as a continuation or	8173
modification of the guide published by the department prior to the	8174
effective date of this section under rules adopted under section	8175
173.02 of the Revised Code.	8176

(B) The Ohio long-term care consumer guide shall include	8177
information on each long-term care facility in this state. For	8178
each facility, the guide shall include the following information,	8179
as applicable to the facility:	8180

(1) Information regarding the facility's compliance with	8181
state statutes and rules and federal statutes and regulations;	8182

(2) Information generated by the centers for medicare and	8183
medicaid services of the United States department of health and	8184
human services from the quality measures developed as part of its	8185
nursing home quality initiative;	8186

(3) Results of the customer satisfaction surveys conducted	8187
under section 173.47 of the Revised Code;	8188

(4) Any other information the department specifies in rules	8189
adopted under section 173.49 of the Revised Code.	8190

Sec. 173.47. (A) For purposes of publishing the Ohio	8191
long-term care consumer guide, the department of aging shall	8192
conduct or provide for the conduct of an annual customer	8193
satisfaction survey of each long-term care facility. The results	8194
of the surveys may include information obtained from long-term	8195
care facility residents, their families, or both.	8196

(B)(1) The department may charge fees for the conduct of	8197
annual customer satisfaction surveys. The department may contract	8198
with any person or government entity to collect the fees on its	8199
behalf. All fees collected under this section shall be deposited	8200
in accordance with section 173.48 of the Revised Code.	8201

(2) The fees charged under this section shall not exceed the	8202
following amounts:	8203

(a) Four hundred dollars for the customer satisfaction survey	8204
of a long-term care facility that is a nursing home;	8205

(b) Three hundred dollars for the customer satisfaction	8206
survey pertaining to a long-term care facility that is a	8207
residential care facility.	8208

(3) Fees paid by a long-term care facility that is a nursing	8209
facility shall be reimbursed through the medicaid program operated	8210
under Chapter 5111. of the Revised Code.	8211

(C) Each long-term care facility shall cooperate in the	8212
conduct of its annual customer satisfaction survey.	8213

Sec. 173.48. There is hereby created in the state treasury	8214
the long-term care consumer guide fund. Money collected from the	8215
fees charged for the conduct of customer satisfaction surveys	8216
under section 173.47 of the Revised Code shall be credited to the	8217
fund. The department of aging shall use money in the fund for	8218
costs associated with publishing the Ohio long-term care consumer	8219
guide, including, but not limited to, costs incurred in conducting	8220
or providing for the conduct of customer satisfaction surveys.	8221

Sec. 173.49. The department of aging shall adopt rules as the	8222
department considers necessary to implement and administer	8223
sections 173.45 to 173.48 of the Revised Code. The rules shall be	8224
adopted under Chapter 119. of the Revised Code.	8225

Sec. 173.50. (A) Pursuant to a contract entered into with the	8226
department of job and family services as an interagency agreement	8227
under section 5111.91 of the Revised Code, the department of aging	8228
shall carry out the day-to-day administration of the component of	8229
the medicaid program established under Chapter 5111. of the	8230
Revised Code known as the program of all-inclusive care for the	8231
elderly or PACE. The department of aging shall carry out its PACE	8232
administrative duties in accordance with the provisions of the	8233
interagency agreement and all applicable federal laws, including	8234
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396u-4,	8235
as amended.	8236

(B) The department of aging may adopt rules in accordance	8237
with Chapter 119. of the Revised Code regarding the PACE program,	8238
subject to both of the following:	8239

(1) The rules shall be authorized by rules adopted by the	8240
department of job and family services.	8241

(2) The rules shall address only those issues that are not	8242
addressed in rules adopted by the department of job and family	8243
services for the PACE program.	8244

Sec. 173.99. (A) A long-term care provider, person employed	8245
by a long-term care provider, other entity, or employee of such	8246
other entity that violates division (C) of section 173.24 of the	8247
Revised Code is subject to a fine not to exceed one thousand	8248
dollars for each violation.	8249

(B) Whoever violates division (C) of section 173.23 of the	8250
Revised Code is guilty of registering a false complaint, a	8251
misdemeanor of the first degree.	8252

(C) A long-term care provider, other entity, or person	8253
employed by a long-term care provider or other entity that	8254
violates division (E) of section 173.19 of the Revised Code by	8255
denying a representative of the office of the state long-term care	8256
ombudsperson program the access required by that division is	8257
subject to a fine not to exceed five hundred dollars for each	8258
violation.	8259

(D) Whoever violates division (C) of section 173.44 of the	8260
Revised Code is subject to a fine of one hundred dollars.	8261

Sec. 183.28. The education technology trust fund is hereby	8262
created in the state treasury. Money credited to the fund shall be	8263
used to pay costs of the eTech Ohio ~~SchoolNet~~ commission under	8264
section ~~3301.80~~3353.02 of the Revised Code. All investment	8265
earnings of the fund shall be credited to the fund.	8266

Sec. 184.02. (A) The third frontier commission may perform	8267
any act to ensure the performance of any function necessary or	8268
appropriate to carry out the purposes of, and exercise the powers	8269
granted under, sections 184.01 and 184.02 of the Revised Code. In	8270
addition, the commission may do any of the following:	8271

(1) Adopt, amend, and rescind rules under section 111.15 of	8272
the Revised Code for the administration of any aspect of its	8273
operations;	8274

(2) Adopt bylaws governing its operations, including bylaws	8275
that establish procedures and set policies as may be necessary to	8276
assist with the furtherance of its purposes;	8277

(3) Appoint and set the compensation of employees needed to	8278
carry out its duties;	8279

(4) Contract with, retain the services of, or designate, and	8280
fix the compensation of, such financial consultants, accountants,	8281
other consultants and advisors, and other independent contractors	8282
as may be necessary or desirable to carry out its duties;	8283

(5) Solicit input and comments from the third frontier	8284
advisory board, and specialized industry, professional, and other	8285
relevant interest groups concerning its purposes;	8286

(6) Facilitate alignment of the state's science and	8287
technology programs and activities;	8288

(7) Make grants and loans to individuals, public agencies,	8289
private companies or organizations, or joint ventures for any of	8290
the broad range of activities related to its purposes.	8291

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

8292

(1) Establish a competitive process for the award of grants	8293
and loans that is designed to fund the most meritorious proposals	8294
and, when appropriate, provide for peer review of proposals;	8295

(2) Within ninety days after the end of each fiscal year,	8296
submit to the governor and the general assembly a report of the	8297
activities of the commission during the preceding fiscal year;	8298

(3) With specific application to the biomedical research and	8299
technology transfer trust fund, periodically make strategic	8300
assessments of the types of state investments in biomedical	8301
research and biotechnology in the state that would likely create	8302
jobs and business opportunities in the state and produce the most	8303
beneficial long-term improvements to the public health of ~~Ohioians~~	8304
Ohioans, including, but not limited to, biomedical research and	8305
biotechnology initiatives that address tobacco-related illnesses	8306
as may be outlined in any master agreement. The commission shall	8307
award grants and loans from the fund pursuant to a process	8308
established under division (B)(1) of this section.	8309

(C) Notwithstanding the authority granted to the commission	8310
under sections 184.01 to 184.04 of the Revised Code, the	8311
commission shall not make any grants or loans to individuals,	8312
public agencies, private companies or organizations, or joint	8313
ventures for any activities involving stem cell research with	8314
embryonic tissue.	8315

Sec. 305.171. (A) The board of county commissioners of any	8316
county may contract for, purchase, or otherwise procure and pay	8317
all or any part of the cost of group insurance policies that may	8318
provide benefits including, but not limited to, hospitalization,	8319
surgical care, major medical care, disability, dental care, eye	8320
care, medical care, hearing aids, or prescription drugs, and that	8321
may provide sickness and accident insurance, group legal services,	8322
or group life insurance, or a combination of any of the foregoing	8323
types of insurance or coverage, for county officers and employees	8324
and their immediate dependents from the funds or budgets from	8325
which the county officers or employees are compensated for	8326
services, issued by an insurance company.	8327

(B) The board of county commissioners also may negotiate and	8328
contract for any plan or plans of health care services with health	8329
insuring corporations holding a certificate of authority under	8330
Chapter 1751. of the Revised Code, provided that each county	8331
officer or employee shall be permitted to do both of the	8332
following:	8333

(1) Exercise an option between a plan offered by an insurance	8334
company and ~~such~~a plan or plans offered by health insuring	8335
corporations under this division, on the condition that the county	8336
officer or employee shall pay any amount by which the cost of the	8337
plan chosen by ~~such~~the county officer or employee pursuant to	8338
this division exceeds the cost of the plan offered under division	8339
(A) of this section;	8340

(2) Change from one of the plans to another at a time each	8341
year as determined by the board.	8342

(C) Section 307.86 of the Revised Code does not apply to the	8343
purchase of benefits for county officers or employees under	8344
divisions (A) and (B) of this section when those benefits are	8345
provided through a jointly administered health and welfare trust	8346
fund in which the county or contracting authority and a collective	8347
bargaining representative of the county employees or contracting	8348
authority agree to participate.	8349

(D) The board of trustees of a jointly administered trust	8350
fund that receives contributions pursuant to collective bargaining	8351
agreements entered into between the board of county commissioners	8352
of any county and a collective bargaining representative of the	8353
employees of the county may provide for self-insurance of all risk	8354
in the provision of fringe benefits, and may provide through the	8355
self-insurance method specific fringe benefits as authorized by	8356
the rules of the board of trustees of the jointly administered	8357
trust fund. The fringe benefits may include, but are not limited	8358
to, hospitalization, surgical care, major medical care,	8359
disability, dental care, vision care, medical care, hearing aids,	8360
prescription drugs, group life insurance, sickness and accident	8361
insurance, group legal services, or a combination of any of the	8362
foregoing types of insurance or coverage, for county employees and	8363
their dependents.	8364

(E) The board of county commissioners may provide the	8365
benefits described in divisions (A) to (D) of this section through	8366
an individual self-insurance program or a joint self-insurance	8367
program as provided in section 9.833 of the Revised Code.	8368

(F) When a board of county commissioners offers health	8369
benefits authorized under this section to ana county officer or	8370
employee ~~of the county~~, the board may offer the benefits through a	8371
cafeteria plan meeting the requirements of section 125 of the	8372
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 125,	8373
as amended, and, as part of that plan, may offer the county	8374
officer or employee the option of receiving a cash payment in any	8375
form permissible under such cafeteria plans. A cash payment made	8376
to ana county officer or employee under this division shall not	8377
exceed twenty-five per cent of the cost of premiums or payments	8378
that otherwise would be paid by the board for benefits for the	8379
county officer or employee under a policy or plan.	8380

(G) The board of county commissioners may establish a policy	8381
authorizing any county appointing authority to make a cash payment	8382
to any county officer or employee in lieu of providing a benefit	8383
authorized under this section if the county officer or employee	8384
elects to take the cash payment instead of the offered benefit. A	8385
cash payment made to ana county officer or employee under this	8386
division shall not exceed twenty-five per cent of the cost of	8387
premiums or payments that otherwise would be paid by the board for	8388
benefits for the county officer or employee under an offered	8389
policy or plan.	8390

(H) No cash payment in lieu of a health benefit shall be made	8391
to a county officer or employee under division (F) or (G) of this	8392
section unless the county officer or employee signs a statement	8393
affirming that the county officer or employee is covered under	8394
another health insurance or health care policy, contract, or plan,	8395
and setting forth the name of the employer, if any, that sponsors	8396
the coverage, the name of the carrier that provides the coverage,	8397
and the identifying number of the policy, contract, or plan.	8398

(I)~~(1) As used in this division:~~

8399

~~(a) "County-operated municipal court" and "legislative~~	8400
~~authority" have the same meanings as in section 1901.03 of the~~	8401
~~Revised Code.~~	8402

~~(b) "Health care coverage" has the same meaning as in section~~	8403
~~1901.111 of the Revised Code.~~	8404

~~(2)~~ The legislative authority of a county-operated municipal	8405
court, after consultation with the judges, or the clerk and deputy	8406
clerks, of the municipal court, shall negotiate and contract for,	8407
purchase, or otherwise procure, and pay the costs, premiums, or	8408
charges for, group health care coverage for the judges, and group	8409
health care coverage for the clerk and deputy clerks, in	8410
accordance with section 1901.111 or 1901.312 of the Revised Code.	8411

(J) As used in this section:

8412

(1) "County officer or employee" includes, but is not limited	8413
to, a member or employee of the county board of elections.	8414

(2) "County-operated municipal court" and "legislative	8415
authority" have the same meanings as in section 1901.03 of the	8416
Revised Code.	8417

(3) "Health care coverage" has the same meaning as in section	8418
1901.111 of the Revised Code.	8419

Sec. 306.331. Notwithstanding section 306.33 of the Revised	8420
Code, the board of trustees of any regional transit authority	8421
created by one county and two municipal corporations, with the	8422
county having a population of at least five hundred thousand	8423
according to the most recent federal census, shall be appointed	8424
and governed as provided in this section.	8425

The board of trustees of such a regional transit authority	8426
shall consist of nine members, six of whom shall be appointed by	8427
the board of county commissioners, two of whom shall be appointed	8428
by the most populous municipal corporation that is included in the	8429
regional transit authority, and one of whom shall be appointed by	8430
the remaining municipal corporation that is included in the	8431
regional transit authority. A trustee appointed under this section	8432
shall serve at the pleasure of the appointing authority.	8433

The trustees of any authority first appointed under this	8434
section shall serve staggered terms. Thereafter each successor	8435
shall serve a term of three years, except that any person	8436
appointed to fill a vacancy shall be appointed to only the	8437
unexpired term. The resolutions or ordinances creating the	8438
regional transit authority may determine whether an appointed	8439
trustee is eligible for reappointment.	8440

A majority of the board of trustees constitutes a quorum, the	8441
affirmative vote of which is necessary for any action taken by the	8442
authority. No vacancy in the board shall impair the rights of a	8443
quorum to exercise all rights and perform all the duties of the	8444
authority.	8445

Each member of the board of trustees, before entering upon	8446
the trustee's official duties, shall take and subscribe to an oath	8447
or affirmation that the trustee will honestly, faithfully, and	8448
impartially perform the duties of office and that the trustee will	8449
not be personally interested directly or indirectly in any	8450
contract let by the regional transit authority.	8451

After each member of the board has taken the oath as	8452
prescribed by this section, the board shall meet and organize by	8453
electing one of its members as president and another as	8454
vice-president, who shall hold their respective offices until the	8455
next annual meeting of the board as provided in its bylaws. At	8456
each annual meeting thereafter, the board shall elect from its	8457
membership a president and a vice-president who shall serve for a	8458
term of one year. The board shall hold regular and special	8459
meetings as provided in its bylaws. All meetings shall be open to	8460
the public.	8461

The board shall appoint and fix the compensation of a	8462
secretary-treasurer, who shall be the fiscal officer. The	8463
secretary-treasurer shall not be a member of the board and shall	8464
serve at the pleasure of the board. Each member of the board of	8465
trustees is entitled to receive from the regional transit	8466
authority reimbursement for reasonable expenses in the performance	8467
of the trustee's duties.	8468

Sec. 307.37. (A) As used in division (B)(3) of this section,	8469
"proposed new construction" means a proposal to erect, construct,	8470
repair, alter, redevelop, or maintain a single-family, two-family,	8471
or three-family dwelling or any structure that is regulated by the	8472
Ohio building code.	8473

(B)(1)(a) The board of county commissioners may adopt local	8474
residential building regulations governing residential buildings	8475
as defined in section 3781.06 of the Revised Code, to be enforced	8476
within the unincorporated area of the county or within districts	8477
the board establishes in any part of the unincorporated area. No	8478
local residential building regulation shall differ from the state	8479
residential building code the board of building standards	8480
establishes pursuant to Chapter 3781. of the Revised Code unless	8481
the regulation addresses subject matter not addressed by the state	8482
residential building code or is adopted pursuant to section	8483
3781.01 of the Revised Code.	8484

(b) The board of county commissioners may, by resolution,	8485
adopt, administer, and enforce within the unincorporated area of	8486
the county, or within districts the board establishes in the	8487
unincorporated area, an existing structures code pertaining to the	8488
repair and continued maintenance of structures and the premises of	8489
those structures provided that the existing structures code	8490
governs subject matter not addressed by, and is not in conflict	8491
with, the state residential building code adopted pursuant to	8492
Chapter 3781. of the Revised Code. The board may adopt by	8493
~~incorpoation~~incorporation by reference a model or standard code	8494
prepared and promulgated by the state, any agency of this state,	8495
or any private organization that publishes a recognized or	8496
standard existing structures code.	8497

(c) The board shall assign the duties of administering and	8498
enforcing any local residential building regulations or existing	8499
structures code to a county officer or employee who is trained and	8500
qualified for those duties and shall establish by resolution the	8501
minimum qualifications necessary to perform those duties.	8502

(2) The board may adopt regulations for participation in the	8503
national flood insurance program established in the "Flood	8504
Disaster Protection Act of 1973," 87 Stat. 975, 42 U.S.C.A. 4002,	8505
as amended, and regulations adopted for the purposes of section	8506
1506.04 or 1506.07 of the Revised Code governing the prohibition,	8507
location, erection, construction, redevelopment, or floodproofing	8508
of new buildings or structures, substantial improvements to	8509
existing buildings or structures, or other development in	8510
unincorporated territory within flood hazard areas identified	8511
under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,	8512
42 U.S.C.A. 4002, as amended, or within Lake Erie coastal erosion	8513
areas identified under section 1506.06 of the Revised Code,	8514
including, but not limited to, residential, commercial,	8515
institutional, or industrial buildings or structures or other	8516
permanent structures, as defined in section 1506.01 of the Revised	8517
Code. Rules adopted under division (B)(2) of this section shall	8518
not conflict with the state residential and nonresidential	8519
building codes adopted pursuant to section 3781.10 of the Revised	8520
Code.	8521

(3)(a) A board may adopt regulations that provide for a	8522
review of the specific effects of a proposed new construction on	8523
existing surface or subsurface drainage. The regulations may	8524
require reasonable drainage mitigation and reasonable alteration	8525
of a proposed new construction before a building permit is issued	8526
in order to prevent or correct any adverse effects that the	8527
proposed new construction may have on existing surface or	8528
subsurface drainage. The regulations shall not be inconsistent	8529
with, more stringent than, or broader in scope than standards	8530
adopted by the natural resource conservation service in the United	8531
States department of agriculture concerning drainage or rules	8532
adopted by the environmental protection agency for reducing,	8533
controlling, or mitigating storm water runoff from construction	8534
sites, where applicable. The regulations shall allow a person who	8535
is registered under Chapter 4703. or 4733. of the Revised Code to	8536
prepare and submit relevant plans and other documents for review,	8537
provided that the person is authorized to prepare the plans and	8538
other documents pursuant to the person's registration.	8539

(b) If regulations are adopted under division (B)(3) of this	8540
section, the board shall specify in the regulations a procedure	8541
for the review of the specific effects of a proposed new	8542
construction on existing surface or subsurface drainage. The	8543
procedure shall include at a minimum all of the following:	8544

(i) A meeting at which the proposed new construction shall be	8545
examined for those specific effects. The meeting shall be held	8546
within thirty days after an application for a building permit is	8547
filed or a review is requested unless the applicant agrees in	8548
writing to extend that time period or to postpone the meeting to	8549
another date, time, or place. The meeting shall be scheduled	8550
within five days after an application for a building permit is	8551
filed or a review is requested.	8552

(ii) Written notice of the date, time, and place of that	8553
meeting, sent by regular mail to the applicant. The written notice	8554
shall be mailed at least seven days before the scheduled meeting	8555
date.	8556

(iii) Completion of the review by the board of county	8557
commissioners not later than thirty days after the application for	8558
a building permit is filed or a review is requested unless the	8559
applicant has agreed in writing to extend that time period or	8560
postpone the meeting to a later time, in which case the review	8561
shall be completed not later than two days after the date of the	8562
meeting. A complete review shall include the issuance of any order	8563
of the board of county commissioners regarding necessary	8564
reasonable drainage mitigation and necessary reasonable	8565
alterations to the proposed new construction to prevent or correct	8566
any adverse effects on existing surface or subsurface drainage so	8567
long as those alterations comply with the state residential and	8568
nonresidential building codes adopted pursuant to section 3781.10	8569
of the Revised Code. If the review is not completed within the	8570
thirty-day period or an extended or postponed period that the	8571
applicant has agreed to, the proposed new construction shall be	8572
deemed to have no adverse effects on existing surface or	8573
subsurface drainage, and those effects shall not be a valid basis	8574
for the denial of a building permit.	8575

(iv) A written statement, provided to the applicant at the	8576
meeting or in an order for alterations to a proposed new	8577
construction, informing the applicant of the right to seek	8578
appellate review of the denial of a building permit under division	8579
(B)(3)(b)(iii) of this section by filing a petition in accordance	8580
with Chapter 2506. of the Revised Code.	8581

(c) The regulations may authorize the board, after obtaining	8582
the advice of the county engineer, to enter into an agreement with	8583
the county engineer or another qualified person or entity to carry	8584
out any necessary inspections and make evaluations about what, if	8585
any, alterations are necessary to prevent or correct any adverse	8586
effects that a proposed new construction may have on existing	8587
surface or subsurface drainage.	8588

(d) Regulations adopted pursuant to division (B)(3) of this	8589
section shall not apply to any property that a platting authority	8590
has approved under section 711.05, 711.09, or 711.10 of the	8591
Revised Code and shall not govern the same subject matter as the	8592
state residential or nonresidential building codes adopted	8593
pursuant to section 3781.10 of the Revised Code.	8594

(e) As used in division (B)(3) of this section, "subsurface	8595
drainage" does not include a household sewage treatment system as	8596
defined in section 3709.091 of the Revised Code.	8597

(C)(1) Any regulation, code, or amendment may be adopted	8598
under this section only after a public hearing at not fewer than	8599
two regular or special sessions of the board. The board shall	8600
cause notice of any public hearing to be published in a newspaper	8601
of general circulation in the county once a week for the two	8602
consecutive weeks immediately preceding the hearing, except that	8603
if the board posts the hearing notice on the board's internet site	8604
on the world wide web, the board need publish only one notice of	8605
the hearing in a newspaper of general circulation if that	8606
newspaper notice includes the board's internet site and a	8607
statement that the notice is also posted on the internet site. Any	8608
notice of a public hearing shall include the time, date, and place	8609
of the hearing.	8610

(2) Any proposed regulation, code, or amendment shall be made	8611
available to the public at the board office. The regulations or	8612
amendments shall take effect on the thirty-first day following the	8613
date of their adoption.	8614

(D)(1) No person shall violate any regulation, code, or	8615
amendment the board adopts under sections 307.37 to 307.40 of the	8616
Revised Code.	8617

(2) Each day during which an illegal location, erection,	8618
construction, floodproofing, repair, alteration, development,	8619
redevelopment, or maintenance continues may be considered a	8620
separate offense.	8621

(E) Regulations or amendments the board adopts pursuant to	8622
this section, with the exception of an existing structures code,	8623
do not affect buildings or structures that exist or on which	8624
construction has begun on or before the date the board adopts the	8625
regulation or amendment.	8626

(F)(1) The board may create a building department and employ	8627
the personnel it determines necessary to administer and enforce	8628
any local residential building regulations or existing structures	8629
code the board adopts pursuant to this section. The building	8630
department may enforce the state residential and nonresidential	8631
building codes adopted pursuant to Chapter 3781. of the Revised	8632
Code if the building department is certified pursuant to section	8633
3781.10 of the Revised Code to enforce those codes.	8634

(2) The board may direct the building department, upon	8635
certification, to exercise enforcement authority and to accept and	8636
approve plans pursuant to sections 3781.03 and 3791.04 of the	8637
Revised Code for the class of building for which the department	8638
and personnel are certified.	8639

Sec. 307.695. (A) As used in this section~~, "convention~~:

8640

(1) "Convention center" means any structure expressly	8641
designed and constructed for the purposes of presenting	8642
conventions, public meetings, and exhibitions and includes parking	8643
facilities that serve the center and any personal property used in	8644
connection with any such structure or facilities.	8645

(2) "Community improvement corporation" means a corporation	8646
not for profit organized under Chapter 1724. of the Revised Code.	8647

(B) A board of county commissioners may enter into an	8648
agreement with a convention and visitors' bureau or a community	8649
improvement corporation operating in the county under which:	8650

(1) The bureau or corporation agrees to construct and equip a	8651
convention center in the county and to pledge and contribute from	8652
the tax revenues received by it under division (A) of section	8653
5739.09 of the Revised Code, not more than ~~such~~the portion	8654
~~thereof~~of those revenues that it is authorized to pledge and	8655
contribute for the purpose described in division (C) of this	8656
section; and	8657

(2) The board agrees to levy a tax under division (C) of	8658
section 5739.09 of the Revised Code and pledge and contribute the	8659
revenues ~~therefrom~~from the tax for the purpose described in	8660
division (C) of this section.	8661

(C) The purpose of the pledges and contributions described in	8662
divisions (B)(1) and (2) of this section is payment of principal,	8663
interest, and premium, if any, on bonds and notes issued by or for	8664
the benefit of the convention and visitors' bureau or community	8665
improvement corporation to finance the construction and equipping	8666
of a convention center. The pledges and contributions provided for	8667
in the agreement under division (B) of this section shall be for	8668
the period stated in the agreement, but not to exceed thirty	8669
years. Revenues determined from time to time by the board to be	8670
needed to cover the real and actual costs of administering the tax	8671
imposed by division (C) of section 5739.09 of the Revised Code may	8672
not be pledged or contributed. The agreement under division (B) of	8673
this section shall provide that any such bonds and notes shall be	8674
secured by a trust agreement between the bureau or corporation, or	8675
other issuer acting for the benefit of the bureau or corporation,	8676
and a corporate trustee that is a trust company or bank having the	8677
powers of a trust company within or without the state, and the	8678
trust agreement shall pledge or assign to the retirement of the	8679
bonds or notes, all moneys paid by the county under this section.	8680
A tax the revenues from which are pledged under an agreement	8681
entered into ~~by a board of county commissioners~~ under division (B)	8682
of this section shall not be subject to diminution by initiative	8683
or referendum, or diminution by statute, unless provision is made	8684
therein for an adequate substitute therefor reasonably	8685
satisfactory to the trustee under the trust agreement that secures	8686
the bonds and notes.	8687

(D) A pledge of money by a county under division (B) of this	8688
section shall not be indebtedness of the county for purposes of	8689
Chapter 133. of the Revised Code.	8690

(E) If the terms of the agreement under division (B) of this	8691
section so provide, the board of county commissioners may acquire	8692
and lease real property to the convention and visitors' bureau or	8693
community improvement corporation as the site of the convention	8694
center. The lease shall be for a term not to exceed thirty years	8695
and shall be on ~~such~~the terms ~~as are~~ set forth in the agreement.	8696
The purchase and lease are not subject to the limitations of	8697
sections 307.02 and 307.09 of the Revised Code.	8698

(F) In addition to the authority granted to a board of county	8699
commissioners under divisions (B) to (E) of this section, a board	8700
of county commissioners in a county with a population of six	8701
hundred thousand or more may establish and provide local funding	8702
options for constructing and equipping a convention center.	8703

Sec. 307.76. (A) The board of county commissioners may	8704
maintain and operate a zoological park, or it may contract with or	8705
contribute to any nonprofit corporation that is organized to	8706
encourage the study of and promote the sciences of natural	8707
history, to maintain and operate a zoological park, to develop	8708
~~such~~that park, and to provide for the acquisition, disposition,	8709
and care of the animals to be exhibited ~~therein~~in that park.	8710

(B) A board of county commissioners may maintain and operate	8711
a facility to encourage the study of and promote the sciences,	8712
including, but not limited to, natural history, or it may contract	8713
with or contribute to any nonprofit corporation that is organized	8714
to encourage the study of and promote the sciences, to maintain	8715
and operate such a facility.	8716

Sec. 307.86. Anything to be purchased, leased, leased with	8717
an option or agreement to purchase, or constructed, including, but	8718
not limited to, any product, structure, construction,	8719
reconstruction, improvement, maintenance, repair, or service,	8720
except the services of an accountant, architect, attorney at law,	8721
physician, professional engineer, construction project manager,	8722
consultant, surveyor, or appraiser, by or on behalf of the county	8723
or contracting authority, as defined in section 307.92 of the	8724
Revised Code, at a cost in excess of twenty-five thousand dollars,	8725
except as otherwise provided in division (D) of section 713.23 and	8726
in sections 125.04, 125.60 to 125.6012, 307.022, 307.041, 307.861,	8727
339.05, 340.03, 340.033, 4115.31 to 4115.35, 5119.16, 5513.01,	8728
5543.19, 5713.01, and 6137.05 of the Revised Code, shall be	8729
obtained through competitive bidding. However, competitive bidding	8730
is not required when any of the following applies:	8731

(A) The board of county commissioners, by a unanimous vote of	8732
its members, makes a determination that a real and present	8733
emergency exists, and that determination and the reasons for it	8734
are entered in the minutes of the proceedings of the board, when	8735
either of the following applies:	8736

(1) The estimated cost is less than fifty thousand dollars.

8737

(2) There is actual physical disaster to structures, radio	8738
communications equipment, or computers.	8739

For purposes of this division, "unanimous vote" means all	8740
three members of a board of county commissioners when all three	8741
members are present, or two members of the board if only two	8742
members, constituting a quorum, are present.	8743

Whenever a contract of purchase, lease, or construction is	8744
exempted from competitive bidding under division (A)(1) of this	8745
section because the estimated cost is less than fifty thousand	8746
dollars, but the estimated cost is twenty-five thousand dollars or	8747
more, the county or contracting authority shall solicit informal	8748
estimates from no fewer than three persons who could perform the	8749
contract, before awarding the contract. With regard to each such	8750
contract, the county or contracting authority shall maintain a	8751
record of such estimates, including the name of each person from	8752
whom an estimate is solicited. The county or contracting authority	8753
shall maintain the record for the longer of at least one year	8754
after the contract is awarded or the amount of time the federal	8755
government requires.	8756

(B)(1) The purchase consists of supplies or a replacement or	8757
supplemental part or parts for a product or equipment owned or	8758
leased by the county, and the only source of supply for the	8759
supplies, part, or parts is limited to a single supplier.	8760

(2) The purchase consists of services related to information	8761
technology, such as programming services, that are proprietary or	8762
limited to a single source.	8763

(C) The purchase is from the federal government, the state,	8764
another county or contracting authority of another county, or a	8765
board of education, township, or municipal corporation.	8766

(D) The purchase is made by a county department of job and	8767
family services under section 329.04 of the Revised Code and	8768
consists of family services duties or workforce development	8769
activities or is made by a county board of mental retardation and	8770
developmental disabilities under section 5126.05 of the Revised	8771
Code and consists of program services, such as direct and	8772
ancillary client services, child care, case management services,	8773
residential services, and family resource services.	8774

(E) The purchase consists of criminal justice services,	8775
social services programs, family services, or workforce	8776
development activities by the board of county commissioners from	8777
nonprofit corporations or associations under programs funded by	8778
the federal government or by state grants.	8779

(F) The purchase consists of any form of an insurance policy	8780
or contract authorized to be issued under Title XXXIX of the	8781
Revised Code or any form of health care plan authorized to be	8782
issued under Chapter 1751. of the Revised Code, or any combination	8783
of such policies, contracts, or plans that the contracting	8784
authority is authorized to purchase, and the contracting authority	8785
does all of the following:	8786

(1) Determines that compliance with the requirements of this	8787
section would increase, rather than decrease, the cost of the	8788
purchase;	8789

(2) Employs a competent consultant to assist the contracting	8790
authority in procuring appropriate coverages at the best and	8791
lowest prices;	8792

(3) Requests issuers of the policies, contracts, or plans to	8793
submit proposals to the contracting authority, in a form	8794
prescribed by the contracting authority, setting forth the	8795
coverage and cost of the policies, contracts, or plans as the	8796
contracting authority desires to purchase;	8797

(4) Negotiates with the issuers for the purpose of purchasing	8798
the policies, contracts, or plans at the best and lowest price	8799
reasonably possible.	8800

(G) The purchase consists of computer hardware, software, or	8801
consulting services that are necessary to implement a computerized	8802
case management automation project administered by the Ohio	8803
prosecuting attorneys association and funded by a grant from the	8804
federal government.	8805

(H) Child care services are purchased for provision to county	8806
employees.	8807

(I)(1) Property, including land, buildings, and other real	8808
property, is leased for offices, storage, parking, or other	8809
purposes, and all of the following apply:	8810

(a) The contracting authority is authorized by the Revised	8811
Code to lease the property.	8812

(b) The contracting authority develops requests for proposals	8813
for leasing the property, specifying the criteria that will be	8814
considered prior to leasing the property, including the desired	8815
size and geographic location of the property.	8816

(c) The contracting authority receives responses from	8817
prospective lessors with property meeting the criteria specified	8818
in the requests for proposals by giving notice in a manner	8819
substantially similar to the procedures established for giving	8820
notice under section 307.87 of the Revised Code.	8821

(d) The contracting authority negotiates with the prospective	8822
lessors to obtain a lease at the best and lowest price reasonably	8823
possible considering the fair market value of the property and any	8824
relocation and operational costs that may be incurred during the	8825
period the lease is in effect.	8826

(2) The contracting authority may use the services of a real	8827
estate appraiser to obtain advice, consultations, or other	8828
recommendations regarding the lease of property under this	8829
division.	8830

(J) The purchase is made pursuant to section 5139.34 or	8831
sections 5139.41 to 5139.46 of the Revised Code and is of programs	8832
or services that provide case management, treatment, or prevention	8833
services to any felony or misdemeanant delinquent, unruly youth,	8834
or status offender under the supervision of the juvenile court,	8835
including, but not limited to, community residential care, day	8836
treatment, services to children in their home, or electronic	8837
monitoring.	8838

(K) The purchase is made by a public children services agency	8839
pursuant to section 307.92 or 5153.16 of the Revised Code and	8840
consists of family services, programs, or ancillary services that	8841
provide case management, prevention, or treatment services for	8842
children at risk of being or alleged to be abused, neglected, or	8843
dependent children.	8844

(L) The purchase is to obtain the services of emergency	8845
medical service organizations under a contract made by the board	8846
of county commissioners pursuant to section 307.05 of the Revised	8847
Code with a joint emergency medical services district.	8848

Any issuer of policies, contracts, or plans listed in	8849
division (F) of this section and any prospective lessor under	8850
division (I) of this section may have the issuer's or prospective	8851
lessor's name and address, or the name and address of an agent,	8852
placed on a special notification list to be kept by the	8853
contracting authority, by sending the contracting authority that	8854
name and address. The contracting authority shall send notice to	8855
all persons listed on the special notification list. Notices shall	8856
state the deadline and place for submitting proposals. The	8857
contracting authority shall mail the notices at least six weeks	8858
prior to the deadline set by the contracting authority for	8859
submitting proposals. Every five years the contracting authority	8860
may review this list and remove any person from the list after	8861
mailing the person notification of that action.	8862

Any contracting authority that negotiates a contract under	8863
division (F) of this section shall request proposals and	8864
renegotiate with issuers in accordance with that division at least	8865
every three years from the date of the signing of such a contract.	8866

Any consultant employed pursuant to division (F) of this	8867
section and any real estate appraiser employed pursuant to	8868
division (I) of this section shall disclose any fees or	8869
compensation received from any source in connection with that	8870
employment.	8871

Sec. 307.88. (A) Bids submitted pursuant to sections 307.86	8872
to 307.92 of the Revised Code shall be in a form prescribed by the	8873
contracting authority and filed in a sealed envelope at the time	8874
and place mentioned in the ~~advertisement~~notice. The bids received	8875
shall be opened and tabulated at the time stated in the notice.	8876
Each bid shall contain the full name of each person submitting the	8877
bid. ~~Except as otherwise provided in division (B) of this section,~~	8878
ifIf the bid is in excess of ~~ten~~twenty-five thousand dollars and	8879
for a contract for the construction, demolition, alteration,	8880
repair, or reconstruction of an improvement, it shall meet the	8881
requirements of section 153.54 of the Revised Code. If the bid is	8882
in excess of ~~ten~~twenty-five thousand dollars and for any other	8883
contract authorized by sections 307.86 to 307.92 of the Revised	8884
Code, it shall be accompanied by a bond or certified check,	8885
cashier's check, or money order on a solvent bank or savings and	8886
loan association in a reasonable amount stated in the	8887
~~advertisement~~notice but not to exceed five per cent of the bid,	8888
conditioned that ~~he shall~~the bidder, if ~~his~~the bidder's bid is	8889
accepted, shall execute a contract in conformity to the invitation	8890
and ~~his~~the bid.	8891

(B) The board of county commissioners ~~may~~, by a unanimous	8892
vote of the entire board, may permit a contracting authority to	8893
exempt a bid from any or all of the requirements of section 153.54	8894
of the Revised Code if the estimated cost is ~~less than~~ twenty-five	8895
thousand dollars or less. If the board exempts a bid from any but	8896
not all of ~~these~~those requirements, the bid notice published in	8897
the newspaper pursuant to section 307.87 of the Revised Code shall	8898
state the specific bid guaranty requirements that apply. If the	8899
board exempts a bid from all requirements of section 153.54 of the	8900
Revised Code, the notice shall state that none of the requirements	8901
of that section apply.	8902

Sec. 317.08. (A) Except as provided in divisions (C) and (D)	8903
of this section, the county recorder shall keep six separate sets	8904
of records as follows:	8905

(1) A record of deeds, in which shall be recorded all deeds	8906
and other instruments of writing for the absolute and	8907
unconditional sale or conveyance of lands, tenements, and	8908
hereditaments; all notices as provided in sections 5301.47 to	8909
5301.56 of the Revised Code; all judgments or decrees in actions	8910
brought under section 5303.01 of the Revised Code; all	8911
declarations and bylaws, and all amendments to declarations and	8912
bylaws, as provided in Chapter 5311. of the Revised Code;	8913
affidavits as provided in section 5301.252 of the Revised Code;	8914
all certificates as provided in section 5311.17 of the Revised	8915
Code; all articles dedicating archaeological preserves accepted by	8916
the director of the Ohio historical society under section 149.52	8917
of the Revised Code; all articles dedicating nature preserves	8918
accepted by the director of natural resources under section	8919
1517.05 of the Revised Code; all agreements for the registration	8920
of lands as archaeological or historic landmarks under section	8921
149.51 or 149.55 of the Revised Code; all conveyances of	8922
conservation easements and agricultural easements under section	8923
5301.68 of the Revised Code; all instruments extinguishing	8924
agricultural easements under section 901.21 or 5301.691 of the	8925
Revised Code or pursuant to terms of such an easement granted to a	8926
charitable organization under section 5301.68 of the Revised Code;	8927
all instruments or orders described in division (B)(1)(c)(ii) of	8928
section 5301.56 of the Revised Code; all no further action letters	8929
issued under section 122.654 or 3746.11 of the Revised Code; all	8930
covenants not to sue issued under section 3746.12 of the Revised	8931
Code, including all covenants not to sue issued pursuant to	8932
section 122.654 of the Revised Code; any restrictions on the use	8933
of property contained in a no further action letter issued under	8934
section 122.654 of the Revised Code, any restrictions on the use	8935
of property identified pursuant to division (C)(3)(a) of section	8936
3746.10 of the Revised Code, and any restrictions on the use of	8937
property contained in a deed or other instrument as provided in	8938
division (E) or (F) of section 3737.882 of the Revised Code; any	8939
easement executed or granted under section 3734.22, 3734.24,	8940
3734.25, or 3734.26 of the Revised Code; any environmental	8941
covenant entered into in accordance with sections 5301.80 to	8942
5301.92 of the Revised Code; all memoranda of trust, as described	8943
in division (A) of section 5301.255 of the Revised Code, that	8944
describe specific real property; and all agreements entered into	8945
under division (A) of section 1521.26 of the Revised Code;	8946

(2) A record of mortgages, in which shall be recorded all of	8947
the following:	8948

(a) All mortgages, including amendments, supplements,	8949
modifications, and extensions of mortgages, or other instruments	8950
of writing by which lands, tenements, or hereditaments are or may	8951
be mortgaged or otherwise conditionally sold, conveyed, affected,	8952
or encumbered;	8953

(b) All executory installment contracts for the sale of land	8954
executed after September 29, 1961, that by their terms are not	8955
required to be fully performed by one or more of the parties to	8956
them within one year of the date of the contracts;	8957

(c) All options to purchase real estate, including	8958
supplements, modifications, and amendments of the options, but no	8959
option of that nature shall be recorded if it does not state a	8960
specific day and year of expiration of its validity;	8961

(d) Any tax certificate sold under section 5721.33 of the	8962
Revised Code, or memorandum of it, that is presented for filing of	8963
record.	8964

(3) A record of powers of attorney, including all memoranda	8965
of trust, as described in division (A) of section 5301.255 of the	8966
Revised Code, that do not describe specific real property;	8967

(4) A record of plats, in which shall be recorded all plats	8968
and maps of town lots, of the subdivision of town lots, and of	8969
other divisions or surveys of lands, any center line survey of a	8970
highway located within the county, the plat of which shall be	8971
furnished by the director of transportation or county engineer,	8972
and all drawings and amendments to drawings, as provided in	8973
Chapter 5311. of the Revised Code;	8974

(5) A record of leases, in which shall be recorded all	8975
leases, memoranda of leases, and supplements, modifications, and	8976
amendments of leases and memoranda of leases;	8977

(6) A record of declarations executed pursuant to section	8978
2133.02 of the Revised Code and durable powers of attorney for	8979
health care executed pursuant to section 1337.12 of the Revised	8980
Code.	8981

(B) All instruments or memoranda of instruments entitled to	8982
record shall be recorded in the proper record in the order in	8983
which they are presented for record. The recorder may index, keep,	8984
and record in one volume unemployment compensation liens, internal	8985
revenue tax liens and other liens in favor of the United States as	8986
described in division (A) of section 317.09 of the Revised Code,	8987
personal tax liens, mechanic's liens, agricultural product liens,	8988
notices of liens, certificates of satisfaction or partial release	8989
of estate tax liens, discharges of recognizances, excise and	8990
franchise tax liens on corporations, broker's liens, and liens	8991
provided for in sections 1513.33, 1513.37, 3752.13, ~~5111.021~~	8992
5111.022, and 5311.18 of the Revised Code.	8993

The recording of an option to purchase real estate, including	8994
any supplement, modification, and amendment of the option, under	8995
this section shall serve as notice to any purchaser of an interest	8996
in the real estate covered by the option only during the period of	8997
the validity of the option as stated in the option.	8998

(C) In lieu of keeping the six separate sets of records	8999
required in divisions (A)(1) to (6) of this section and the	9000
records required in division (D) of this section, a county	9001
recorder may record all the instruments required to be recorded by	9002
this section in two separate sets of record books. One set shall	9003
be called the "official records" and shall contain the instruments	9004
listed in divisions (A)(1), (2), (3), (5), and (6) and (D) of this	9005
section. The second set of records shall contain the instruments	9006
listed in division (A)(4) of this section.	9007

(D) Except as provided in division (C) of this section, the	9008
county recorder shall keep a separate set of records containing	9009
all corrupt activity lien notices filed with the recorder pursuant	9010
to section 2923.36 of the Revised Code and a separate set of	9011
records containing all medicaid fraud lien notices filed with the	9012
recorder pursuant to section 2933.75 of the Revised Code.	9013

Sec. 317.36. (A) The county recorder shall collect the low-	9014
and moderate-income housing trust fund fee as specified in	9015
sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60,	9016
~~5111.021~~5111.022, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22,	9017
6101.09, and 6115.09 of the Revised Code. The amount of any	9018
housing trust fund fee the recorder is authorized to collect is	9019
equal to the amount of any base fee the recorder is authorized to	9020
collect for services. The housing trust fund fee shall be	9021
collected in addition to the base fee.	9022

(B) The recorder shall certify the amounts collected as	9023
housing trust fund fees pursuant to division (A) of this section	9024
into the county treasury as housing trust fund fees to be paid to	9025
the treasurer of state pursuant to section 319.63 of the Revised	9026
Code.	9027

Sec. 319.20. After complying with sections 319.202, 315.251,	9028
and 319.203 of the Revised Code, and on application and	9029
presentation of title, with the affidavits required by law, or the	9030
proper order of a court, bearing the last known address of the	9031
grantee, or of any one of the grantees named in the title, and a	9032
reference to the volume and page of the recording of the next	9033
preceding recorded instrument by or through which the grantor	9034
claims title, the county auditor shall transfer any land or town	9035
lot or part thereof, minerals therein, or mineral rights thereto,	9036
charged with taxes on the tax list, from the name in which it	9037
stands into the name of the owner, when rendered necessary by a	9038
conveyance, partition, devise, descent, or otherwise. If by reason	9039
of the conveyance or otherwise, a part only of a tract or lot,	9040
minerals therein, or mineral rights thereto, as charged in the tax	9041
list, is to be transferred, the auditor shall determine the tax	9042
value of the part of a tract or lot of real estate, minerals	9043
therein, or mineral rights thereto, so transferred, and the value	9044
of the remaining part compared with the value of the whole.	9045

Whenever a part only of a tract or lot of real estate has	9046
been transferred by the auditor and ~~such~~the tract or lot bears	9047
unpaid taxes, penalties, interest, or special assessments, the	9048
unpaid taxes, penalties, interest, or special assessments shall	9049
immediately be apportioned, upon demand or request by the	9050
transferee or remaining owner, in the following manner:	9051

(A) The auditor shall allocate to the part so transferred,	9052
and to the remaining part, amounts of any current or delinquent	9053
taxes, interest, or penalties that have accrued against the parcel	9054
as a whole, proportionate to their respective values.	9055

(B) The lien of taxes, penalties, interest, and special	9056
assessments, as levied against the original tract, shall extend to	9057
the part so transferred and the part remaining only to the extent	9058
of the amounts so allocated to the respective parts.	9059

This section does not change the total amount of taxes,	9060
special assessments, or other charges as originally levied, or the	9061
total amount of the balance due. The auditor shall certify such	9062
apportionments to the county treasurer.	9063

Whenever the state acquires an entire parcel or a part only	9064
of a parcel of real property in fee simple, the county auditor,	9065
upon application of the grantor or property owner or the state,	9066
which application shall contain a description of the property as	9067
it appears on the tax list and the date of transfer of ownership,	9068
shall prepare an estimate of the taxes that are a lien on ~~said~~the	9069
property, but have not been determined, assessed, and levied for	9070
the year in which the property was acquired. The county auditor	9071
shall thereupon apportion ~~such~~the estimated taxes proportionately	9072
between the grantor and the state for the period of the lien year	9073
that each had or shall have had ownership or possession of the	9074
property, whichever is earlier. The county treasurer shall accept	9075
payment from the state for estimated taxes at the time that the	9076
real property is acquired. If the state has paid in full in the	9077
year in which the property is acquired that proportion of the	9078
estimated taxes that the tax commissioner determines are not	9079
subject to remission by the county auditor for such year under	9080
division (C) of section 5713.08 of the Revised Code, the estimated	9081
taxes paid shall be considered the tax liability on the exempted	9082
property for that year.	9083

Section 319.42 of the Revised Code applies to the	9084
apportionment of special assessments.	9085

Complaint against such values as determined by the auditor or	9086
the allocation of assessments by the certifying authority may be	9087
filed by the transferee or the remaining owner, and if filed,	9088
proceedings including appeals shall be had in the manner and	9089
within the time provided by sections 5717.01 to 5717.06 and	9090
5715.19 to 5715.22 of the Revised Code, for complaints against	9091
valuation or assessment of real property.	9092

The auditor shall endorse on the deed or other evidences of	9093
title presented to the auditor that the proper transfer of the	9094
real estate described in ~~such~~the deed has been made in the	9095
auditor's office or that it is not entered for taxation, and sign	9096
the auditor's name to ~~such~~the deed. The address of the grantee,	9097
or any one of the grantees, set forth in the deed or other	9098
evidences of title shall be entered by the auditor on the transfer	9099
sheets and on the general tax list of real property prepared	9100
pursuant to section 319.28 of the Revised Code.	9101

Sec. 319.302. (A)(1) Real property that is not intended	9102
primarily for use in a business activity shall qualify for a	9103
partial exemption from real property taxation. For purposes of	9104
this partial exemption, "business activity" does not include	9105
farming, leasing property for farming, leasing property improved	9106
with single-family, two-family, or three-family dwellings, or	9107
holding vacant land that the county auditor determines will be	9108
used for farming or to develop single-family, two-family, or	9109
three-family dwellings.	9110

(2) Each year, the county auditor shall review each parcel of	9111
real property to determine whether it qualifies for the partial	9112
exemption provided for by this section as of the first day of	9113
January of the current tax year.	9114

(B) After complying with section 319.301 of the Revised Code,	9115
the county auditor shall reduce the remaining sums to be levied	9116
against each parcel of real property that is listed on the general	9117
tax list and duplicate of real and public utility property for the	9118
current tax year and that qualifies for partial exemption under	9119
division (A) of this section, and against each manufactured and	9120
mobile home that is taxed pursuant to division (D)(2) of section	9121
4503.06 of the Revised Code and that is on the manufactured home	9122
tax list for the current tax year, by ten per cent, to provide a	9123
partial exemption for that parcel or home. Except as otherwise	9124
provided in sections 323.152, 323.158, 505.06, and 715.263 of the	9125
Revised Code, the amount of the taxes remaining after any such	9126
reduction shall be the real and public utility property taxes	9127
charged and payable on each parcel of real property, including	9128
property that does not qualify for partial exemption under	9129
division (A) of this section, and the manufactured home tax	9130
charged and payable, on each ~~property~~manufactured or mobile home,	9131
and shall be the amounts certified to the county treasurer for	9132
collection. Upon receipt of the tax duplicate, the treasurer shall	9133
certify to the tax commissioner the total amount by which taxes	9134
were reduced under this section, as shown on the duplicate. Such	9135
reduction shall not directly or indirectly affect the	9136
determination of the principal amount of notes that may be issued	9137
in anticipation of any tax levies or the amount of bonds or notes	9138
for any planned improvements. If after application of sections	9139
5705.31 and 5705.32 of the Revised Code and other applicable	9140
provisions of law, including divisions (F) and (I) of section	9141
321.24 of the Revised Code, there would be insufficient funds for	9142
payment of debt charges on bonds or notes payable from taxes	9143
reduced by this section, the reduction of taxes provided for in	9144
this section shall be adjusted to the extent necessary to provide	9145
funds from such taxes.	9146

(C) The tax commissioner may adopt rules governing the	9147
administration of the partial exemption provided for by this	9148
section.	9149

(D) The determination of whether property qualifies for	9150
partial exemption under division (A) of this section is solely for	9151
the purpose of allowing the partial exemption under division (B)	9152
of this section.	9153

Sec. 321.24. (A) On or before the fifteenth day of February,	9154
in each year, the county treasurer shall settle with the county	9155
auditor for all taxes and assessments that the treasurer has	9156
collected on the general duplicate of real and public utility	9157
property at the time of making the settlement.	9158

(B) On or before the thirtieth day of June, in each year, the	9159
treasurer shall settle with the auditor for all advance payments	9160
of general personal and classified property taxes that the	9161
treasurer has received at the time of making the settlement.	9162

(C) On or before the tenth day of August, in each year, the	9163
treasurer shall settle with the auditor for all taxes and	9164
assessments that the treasurer has collected on the general	9165
duplicates of real and public utility property at the time of	9166
making such settlement, not included in the preceding February	9167
settlement.	9168

(D) On or before the thirty-first day of October, in each	9169
year, the treasurer shall settle with the auditor for all taxes	9170
that the treasurer has collected on the general personal and	9171
classified property duplicates, and for all advance payments of	9172
general personal and classified property taxes, not included in	9173
the preceding June settlement, that the treasurer has received at	9174
the time of making such settlement.	9175

(E) In the event the time for the payment of taxes is	9176
extended, pursuant to section 323.17 of the Revised Code, the date	9177
on or before which settlement for the taxes so extended must be	9178
made, as herein prescribed, shall be deemed to be extended for a	9179
like period of time. At each such settlement, the auditor shall	9180
allow to the treasurer, on the moneys received or collected and	9181
accounted for by the treasurer, the treasurer's fees, at the rate	9182
or percentage allowed by law, at a full settlement of the	9183
treasurer.	9184

(F) Within thirty days after the day of each settlement of	9185
taxes required under divisions (A) and (C) of this section, the	9186
treasurer shall certify to the tax commissioner any adjustments	9187
~~which~~that have been made to the amount certified previously	9188
pursuant to section 319.302 of the Revised Code and that the	9189
settlement has been completed. Upon receipt of such certification,	9190
the commissioner shall provide for payment to the county treasurer	9191
from the general revenue fund of an amount equal to one-half of	9192
the amount certified by the treasurer in the preceding tax year	9193
under section 319.302 of the Revised Code, less one-half of the	9194
amount computed for all taxing districts in that county for the	9195
current fiscal year under section 5703.80 of the Revised Code for	9196
crediting to the property tax administration fund. Such payment	9197
shall be credited upon receipt to the county's undivided income	9198
tax fund, and the county auditor shall transfer to the county	9199
general fund from the amount thereof the total amount of all fees	9200
and charges which the auditor and treasurer would have been	9201
authorized to receive had such section not been in effect and that	9202
amount had been levied and collected as taxes. The county auditor	9203
shall distribute the amount remaining among the various taxing	9204
districts in the county as if it had been levied, collected, and	9205
settled as real property taxes. The amount distributed to each	9206
taxing district shall be reduced by the total of the amounts	9207
computed for the district under ~~divisions (A), (B), and (C) of~~	9208
section 5703.80 of the Revised Code, but the reduction shall not	9209
exceed the amount that otherwise would be distributed to the	9210
taxing district under this division. The tax commissioner shall	9211
make available to taxing districts such information as is	9212
sufficient for a taxing district to be able to determine the	9213
amount of the reduction in its distribution under this section.	9214

(G)(1) Within thirty days after the day of the settlement	9215
required in division (D) of this section, the county treasurer	9216
shall notify the tax commissioner that the settlement has been	9217
completed. Upon receipt of that notification, the commissioner	9218
shall provide for payment to the county treasurer from the general	9219
revenue fund of an amount equal to the amount certified under	9220
former section 319.311 of the Revised Code and paid in the state's	9221
fiscal year 2003 multiplied by the percentage specified in	9222
division (G)(2) of this section. The payment shall be credited	9223
upon receipt to the county's undivided income tax fund, and the	9224
county auditor shall distribute the amount thereof among the	9225
various taxing districts of the county as if it had been levied,	9226
collected, and settled as personal property taxes. The amount	9227
received by a taxing district under this division shall be	9228
apportioned among its funds in the same proportion as the current	9229
year's personal property taxes are apportioned.	9230

(2) Payments required under division (G)(1) of this section	9231
shall be made at the following percentages of the amount certified	9232
under former section 319.311 of the Revised Code and paid under	9233
division (G)(1) of this section in the state's fiscal year 2003:	9234

(a) In fiscal year 2004, ninety per cent;

9235

(b) In fiscal year 2005, eighty per cent;

9236

9237

(d) In fiscal year 2007, ~~sixty~~forty per cent;

9238

(e) In fiscal year 2008, ~~fifty~~thirty-two per cent;

9239

(f) In fiscal year 2009, ~~forty~~sixteen per cent;

9240

~~(g) In fiscal year 2010, thirty per cent;~~

9241

~~(h) In fiscal year 2011, twenty per cent;~~

9242

~~(i) In fiscal year 2012, ten per cent~~.

9243

After fiscal year ~~2012~~2009, no payments shall be made under	9244
division (G)(1) of this section.	9245

(H)(1) On or before the fifteenth day of April each year, the	9246
county treasurer shall settle with the county auditor for all	9247
manufactured home taxes that the county treasurer has collected on	9248
the manufactured home tax duplicate at the time of making the	9249
settlement.	9250

(2) On or before the fifteenth day of September each year,	9251
the county treasurer shall settle with the county auditor for all	9252
remaining manufactured home taxes that the county treasurer has	9253
collected on the manufactured home tax duplicate at the time of	9254
making the settlement.	9255

(3) If the time for payment of such taxes is extended under	9256
section 4503.06 of the Revised Code, the time for making the	9257
settlement as prescribed by divisions (H)(1) and (2) of this	9258
section is extended for a like period of time.	9259

(I) Within thirty days after the day of each settlement of	9260
taxes required under division (H) of this section, the county	9261
treasurer shall certify to the tax commissioner any adjustments	9262
that have been made to the amount certified previously pursuant to	9263
section 319.302 of the Revised Code and that the settlement has	9264
been completed. Upon receipt of such certification, the	9265
commissioner shall provide for payment to the county treasurer	9266
from the general revenue fund of an amount equal to one-half of	9267
the amount certified by the treasurer in the current tax year	9268
under section 319.302 of the Revised Code. Such payment shall be	9269
credited upon receipt to the county's undivided income tax fund,	9270
and the county auditor shall transfer to the county general fund	9271
from the amount thereof the total amount of all fees and charges	9272
that the auditor and treasurer would have been authorized to	9273
receive had such section not been in effect and that amount had	9274
been levied and collected as taxes. The county auditor shall	9275
distribute the amount remaining among the various taxing districts	9276
in the county as if it had been levied, collected, and settled as	9277
manufactured home taxes.	9278

Sec. 323.01. Except as otherwise provided, as used in	9279
Chapter 323. of the Revised Code:	9280

(A) "Subdivision" means any county, township, school	9281
district, or municipal corporation.	9282

(B) "Municipal corporation" includes charter municipalities.

9283

(C) "Taxes" means the total amount of all charges against an	9284
entry appearing on a tax list and the duplicate thereof that was	9285
prepared and certified in accordance with section 319.28 of the	9286
Revised Code, including taxes levied against real estate; taxes on	9287
property whose value is certified pursuant to section 5727.23 of	9288
the Revised Code; recoupment charges applied pursuant to section	9289
5713.35 of the Revised Code; all assessments; penalties and	9290
interest charged pursuant to section 323.121 of the Revised Code;	9291
charges added pursuant to section 319.35 of the Revised Code; and	9292
all of such charges which remain unpaid from any previous tax	9293
year.	9294

(D) "Current taxes" means all taxes charged against an entry	9295
on the general tax list and duplicate of real and public utility	9296
property that have not appeared on such list and duplicate for any	9297
prior tax year and any penalty thereon charged by division (A) of	9298
section 323.121 of the Revised Code. Current taxes, whether or not	9299
they have been certified delinquent, become delinquent taxes if	9300
they remain unpaid after the last day prescribed for payment of	9301
the second installment of current taxes without penalty.	9302

(E) "Delinquent taxes" means:

9303

(1) Any taxes charged against an entry on the general tax	9304
list and duplicate of real and public utility property that were	9305
charged against an entry on such list and duplicate for a prior	9306
tax year and any penalties and interest charged against such	9307
taxes.	9308

(2) Any current taxes charged on the general tax list and	9309
duplicate of real and public utility property that remain unpaid	9310
after the last day prescribed for payment of the second	9311
installment of such taxes without penalty, whether or not they	9312
have been certified delinquent, and any penalties and interest	9313
charged against such taxes.	9314

(F) "Current tax year" means, with respect to particular	9315
taxes, the calendar year in which the first installment of taxes	9316
is due prior to any extension granted under section 323.17 of the	9317
Revised Code.	9318

(G) "Liquidated claim" means:

9319

(1) Any sum of money due and payable, upon a written	9320
contractual obligation executed between the subdivision and the	9321
taxpayer, but excluding any amount due on general and special	9322
assessment bonds and notes;	9323

(2) Any sum of money due and payable, for disability	9324
financial assistance ~~or disability medical assistance~~ provided	9325
under Chapter 5115. of the Revised Code that is furnished to or in	9326
behalf of a subdivision, provided that such claim is recognized by	9327
a resolution or ordinance of the legislative body of such	9328
subdivision;	9329

(3) Any sum of money advanced and paid to or received and	9330
used by a subdivision, pursuant to a resolution or ordinance of	9331
such subdivision or its predecessor in interest, and the moral	9332
obligation to repay which sum, when in funds, shall be recognized	9333
by resolution or ordinance by the subdivision.	9334

Sec. 323.152. In addition to the reduction in taxes required	9335
under section 319.302 of the Revised Code, taxes shall be reduced	9336
as provided in divisions (A) and (B) of this section.	9337

(A)(1) Division (A) of this section applies to any of the	9338
following:	9339

(a) A person who is permanently and totally disabled;

9340

(b) A person who is sixty-five years of age or older;

9341

(c) A person who is the surviving spouse of a deceased person	9342
who was permanently and totally disabled or sixty-five years of	9343
age or older and who applied and qualified for a reduction in	9344
taxes under this division in the year of death, provided the	9345
surviving spouse is at least fifty-nine but not sixty-five or more	9346
years of age on the date the deceased spouse dies.	9347

(2) Real property taxes on a homestead owned and occupied, or	9348
a homestead in a housing cooperative occupied, by a person to whom	9349
division (A) of this section applies shall be reduced for each	9350
year for which the owner obtains a certificate of reduction from	9351
the county auditor under section 323.154 of the Revised Code or	9352
for which the occupant obtains a certificate of reduction in	9353
accordance with section 323.159 of the Revised Code. The reduction	9354
shall equal the amount obtained by multiplying the tax rate for	9355
the tax year for which the certificate is issued by the reduction	9356
in taxable value shown in the following schedule:	9357

		Reduce Taxable Value		9358
Total Income		by the Lesser of:		9359

$11,900 or less	$5,000 or seventy-five per cent	9360
More than $11,900 but not more than $17,500	$3,000 or sixty per cent	9361
More than $17,500 but not more than $23,000	$1,000 or twenty-five per cent	9362
More than $23,000	-0-	9363

(3) Each calendar year, the tax commissioner shall adjust the	9364
foregoing schedule by completing the following calculations in	9365
September of each year:	9366

(a) Determine the percentage increase in the gross domestic	9367
product deflator determined by the bureau of economic analysis of	9368
the United States department of commerce from the first day of	9369
January of the preceding calendar year to the last day of December	9370
of the preceding calendar year;	9371

(b) Multiply that percentage increase by each of the total	9372
income amounts, and by each dollar amount by which taxable value	9373
is reduced, for the current tax year;	9374

(c) Add the resulting product to each of the total income	9375
amounts, and to each of the dollar amounts by which taxable value	9376
is reduced, for the current tax year;	9377

(d)(i) Except as provided in division (A)(3)(d)(ii) of this	9378
section, round the resulting sum to the nearest multiple of one	9379
hundred dollars;	9380

(ii) If rounding the resulting sum to the nearest multiple of	9381
one hundred dollars under division (A)(3)(d)(i) of this section	9382
does not increase the dollar amounts by which taxable value is	9383
reduced, the resulting sum instead shall be rounded to the nearest	9384
multiple of ten dollars.	9385

The commissioner shall certify the amounts resulting from the	9386
adjustment to each county auditor not later than the first day of	9387
December each year. The certified amounts apply to the following	9388
tax year. The commissioner shall not make the adjustment in any	9389
calendar year in which the amounts resulting from the adjustment	9390
would be less than the total income amounts, or less than the	9391
dollar amounts by which taxable value is reduced, for the current	9392
tax year.	9393

(B) ~~Real~~To provide a partial exemption, real property taxes	9394
on any homestead, and manufactured home taxes on any manufactured	9395
or mobile home on which a manufactured home tax is assessed	9396
pursuant to division (D)(2) of section 4503.06 of the Revised	9397
Code, shall be reduced for each year for which the owner obtains a	9398
certificate of reduction from the county auditor under section	9399
323.154 of the Revised Code. The amount of the reduction shall	9400
equal ~~one-fourth~~two and one-half per cent of the amount ~~by which~~	9401
~~the~~of taxes ~~charged and payable~~to be levied on the homestead or	9402
the manufactured or mobile home ~~are reduced for such year under~~	9403
after applying section ~~319.302~~319.301 of the Revised Code.	9404

(C) The reductions granted by this section do not apply to	9405
special assessments or respread of assessments levied against the	9406
homestead, and if there is a transfer of ownership subsequent to	9407
the filing of an application for a reduction in taxes, such	9408
reductions are not forfeited for such year by virtue of such	9409
transfer.	9410

(D) The reductions in taxable value referred to in this	9411
section shall be applied solely as a factor for the purpose of	9412
computing the reduction of taxes under this section and shall not	9413
affect the total value of property in any subdivision or taxing	9414
district as listed and assessed for taxation on the tax lists and	9415
duplicates, or any direct or indirect limitations on indebtedness	9416
of a subdivision or taxing district. If after application of	9417
sections 5705.31 and 5705.32 of the Revised Code, including the	9418
allocation of all levies within the ten-mill limitation to debt	9419
charges to the extent therein provided, there would be	9420
insufficient funds for payment of debt charges not provided for by	9421
levies in excess of the ten-mill limitation, the reduction of	9422
taxes provided for in sections 323.151 to 323.159 of the Revised	9423
Code shall be proportionately adjusted to the extent necessary to	9424
provide such funds from levies within the ten-mill limitation.	9425

(E) No reduction shall be made on the taxes due on the	9426
homestead of any person convicted of violating division (C) or (D)	9427
of section 323.153 of the Revised Code for a period of three years	9428
following the conviction.	9429

Sec. 325.31. (A) On the first business day of each month,	9430
and at the end of the officer's term of office, each officer named	9431
in section 325.27 of the Revised Code shall pay into the county	9432
treasury, to the credit of the general county fund, on the warrant	9433
of the county auditor, all fees, costs, penalties, percentages,	9434
allowances, and perquisites collected by the officer's office	9435
during the preceding month or part thereof for official services,	9436
except the fees allowed the county auditor by division (B) of	9437
section 319.54 of the Revised Code, which shall be paid into the	9438
county treasury to the credit of the real estate assessment fund	9439
hereby created.	9440

(B) Moneys to the credit of the real estate assessment fund	9441
may be expended, upon appropriation by the board of county	9442
commissioners, for the purpose of defraying one or more of the	9443
following:	9444

(1) The cost incurred by the county auditor in assessing real	9445
estate pursuant to Chapter 5713. of the Revised Code and	9446
manufactured and mobile homes pursuant to Chapter 4503. of the	9447
Revised Code;	9448

(2) At the county auditor's discretion, costs and expenses	9449
incurred by the county auditor in preparing the list of real and	9450
public utility property, in administering laws related to the	9451
taxation of real property and the levying of special assessments	9452
on real property, including administering reductions under	9453
Chapters 319. and 323. and section 4503.065 of the Revised Code,	9454
and to support assessments of real property in any administrative	9455
or judicial proceeding;	9456

(3) At the county auditor's discretion, the expenses incurred	9457
by the county board of revision under Chapter 5715. of the Revised	9458
Code;	9459

(4) At the county auditor's discretion, the expenses incurred	9460
by the county auditor for geographic information systems, mapping	9461
programs, and technological advances in those or similar systems	9462
or programs;	9463

(5) At the county auditor's discretion, expenses incurred by	9464
the county auditor in compiling the general tax list of tangible	9465
personal property and administering tangible personal property	9466
taxes under Chapters 5711. and 5719. of the Revised Code;	9467

(6) At the county auditor's discretion, costs, expenses, and	9468
fees incurred by the county auditor in the administration of	9469
estate taxes under Chapter 5731. of the Revised Code and the	9470
amounts incurred under section 5731.41 of the Revised Code.	9471

Any expenditures made from the real estate assessment fund	9472
shall comply with rules that the tax commissioner adopts under	9473
division (O) of section 5703.05 of the Revised Code. Those rules	9474
shall include a requirement that a copy of any appraisal plans,	9475
progress of work reports, contracts, or other documents required	9476
to be filed with the tax commissioner shall be filed also with the	9477
board of county commissioners.	9478

The board of county commissioners shall not transfer moneys	9479
required to be deposited in the real estate assessment fund to any	9480
other fund. Following an assessment of real property pursuant to	9481
Chapter 5713. of the Revised Code, or an assessment of a	9482
manufactured or mobile home pursuant to Chapter 4503. of the	9483
Revised Code, any moneys not expended for the purpose of defraying	9484
the cost incurred in assessing real estate or manufactured or	9485
mobile homes or for the purpose of defraying the expenses	9486
described in divisions (B)(2), (3), (4), (5), and (6) of this	9487
section, and thereby remaining to the credit of the real estate	9488
assessment fund, shall be apportioned ratably and distributed to	9489
those taxing authorities that contributed to the fund. However, no	9490
such distribution shall be made if the amount of such unexpended	9491
moneys remaining to the credit of the real estate assessment fund	9492
does not exceed five thousand dollars.	9493

(C) None of the officers named in section 325.27 of the	9494
Revised Code shall collect any fees from the county. Each of such	9495
officers shall, at the end of each calendar year, make and file a	9496
sworn statement with the board of county commissioners of all such	9497
fees, costs, penalties, percentages, allowances, and perquisites	9498
which have been due in the officer's office and unpaid for more	9499
than one year prior to the date such statement is required to be	9500
made.	9501

Sec. 329.04. (A) The county department of job and family	9502
services shall have, exercise, and perform the following powers	9503
and duties:	9504

(1) Perform any duties assigned by the state department of	9505
job and family services regarding the provision of public family	9506
services, including the provision of the following services to	9507
prevent or reduce economic or personal dependency and to	9508
strengthen family life:	9509

(a) Services authorized by a Title IV-A program, as defined	9510
in section 5101.80 of the Revised Code;	9511

(b) Social services authorized by Title XX of the "Social	9512
Security Act" and provided for by section 5101.46 or 5101.461 of	9513
the Revised Code;	9514

(c) If the county department is designated as the child	9515
support enforcement agency, services authorized by Title IV-D of	9516
the "Social Security Act" and provided for by Chapter 3125. of the	9517
Revised Code. The county department may perform the services	9518
itself or contract with other government entities, and, pursuant	9519
to division (C) of section 2301.35 and section 2301.42 of the	9520
Revised Code, private entities, to perform the Title IV-D	9521
services.	9522

(d) Duties assigned under section 5111.98 of the Revised	9523
Code.	9524

(2) Administer disability financial assistance, as required	9525
by the state department of job and family services under section	9526
5115.03 of the Revised Code;	9527

(3) ~~Administer disability medical assistance, as required by~~	9528
~~the state department of job and family services under section~~	9529
~~5115.13 of the Revised Code;~~	9530

~~(4)~~ Administer burials insofar as the administration of	9531
burials was, prior to September 12, 1947, imposed upon the board	9532
of county commissioners and if otherwise required by state law;	9533

~~(5)~~(4) Cooperate with state and federal authorities in any	9534
matter relating to family services and to act as the agent of such	9535
authorities;	9536

~~(6)~~(5) Submit an annual account of its work and expenses to	9537
the board of county commissioners and to the state department of	9538
job and family services at the close of each fiscal year;	9539

~~(7)~~(6) Exercise any powers and duties relating to family	9540
services duties or workforce development activities imposed upon	9541
the county department of job and family services by law, by	9542
resolution of the board of county commissioners, or by order of	9543
the governor, when authorized by law, to meet emergencies during	9544
war or peace;	9545

~~(8)~~(7) Determine the eligibility for medical assistance of	9546
recipients of aid under Title XVI of the "Social Security Act";	9547

~~(9)~~(8) If assigned by the state director of job and family	9548
services under section 5101.515 of the Revised Code, determine	9549
applicants' eligibility for health assistance under the children's	9550
health insurance program part II;	9551

~~(10)~~(9) Enter into a plan of cooperation with the board of	9552
county commissioners under section 307.983, consult with the board	9553
in the development of the transportation work plan developed under	9554
section 307.985, establish with the board procedures under section	9555
307.986 for providing services to children whose families relocate	9556
frequently, and comply with the contracts the board enters into	9557
under sections 307.981 and 307.982 of the Revised Code that affect	9558
the county department;	9559

~~(11)~~(10) For the purpose of complying with a fiscal agreement	9560
the board of county commissioners enters into under section 307.98	9561
of the Revised Code, exercise the powers and perform the duties	9562
the fiscal agreement assigns to the county department;	9563

~~(12)~~(11) If the county department is designated as the	9564
workforce development agency, provide the workforce development	9565
activities specified in the contract required by section 330.05 of	9566
the Revised Code.	9567

(B) The powers and duties of a county department of job and	9568
family services are, and shall be exercised and performed, under	9569
the control and direction of the board of county commissioners.	9570
The board may assign to the county department any power or duty of	9571
the board regarding family services duties and workforce	9572
development activities. If the new power or duty necessitates the	9573
state department of job and family services changing its federal	9574
cost allocation plan, the county department may not implement the	9575
power or duty unless the United States department of health and	9576
human services approves the changes.	9577

Sec. 329.051. The county department of job and family	9578
services shall make voter registration applications as prescribed	9579
by the secretary of state under section 3503.10 of the Revised	9580
Code available to persons who are applying for, receiving	9581
assistance from, or participating in any of the following:	9582

(A) The disability financial assistance program established	9583
under Chapter 5115. of the Revised Code;	9584

(B) ~~The disability medical assistance program established~~	9585
~~under Chapter 5115. of the Revised Code;~~	9586

~~(C)~~ The medical assistance program established under Chapter	9587
5111. of the Revised Code;	9588

~~(D)~~(C) The Ohio works first program established under Chapter	9589
5107. of the Revised Code;	9590

~~(E)~~(D) The prevention, retention, and contingency program	9591
established under Chapter 5108. of the Revised Code.	9592

Sec. 339.72. (A) Each board of county commissioners shall	9593
provide for the county to be served by a tuberculosis control unit	9594
by designating a county tuberculosis control unit or by entering	9595
into an agreement with one or more boards of county commissioners	9596
of other counties under which the boards jointly designate a	9597
district tuberculosis control unit. The entity designated as the	9598
county or district tuberculosis control unit may be any of the	9599
following:	9600

(1) A communicable disease control program operated by a	9601
board of health of a city or general health district pursuant to	9602
section 3709.22 of the Revised Code;	9603

(2) ~~A tuberculosis program operated by a county that receives~~	9604
~~funds pursuant to section 339.77 of the Revised Code;~~	9605

~~(3)~~ A tuberculosis clinic established by a board of county	9606
commissioners pursuant to section 339.76 of the Revised Code;	9607

~~(4)~~(3) A hospital that provides tuberculosis clinic services	9608
under a contract with a board of county commissioners pursuant to	9609
section 339.75 of the Revised Code.	9610

(B) The entity designated under division (A) of this section	9611
as the tuberculosis control unit shall accept that designation and	9612
fulfill its duties as the tuberculosis control unit specified	9613
under sections 339.71 to 339.89 of the Revised Code.	9614

Sec. 339.88. The expenses incurred for detention under	9615
section 339.86 or 339.87 of the Revised Code shall be paid by the	9616
individual detained or if the individual is indigent, by the board	9617
of county commissioners of the county from which the individual	9618
was removed. ~~The board of county commissioners may apply to the~~	9619
~~director of health for reimbursement under section 339.77 of the~~	9620
~~Revised Code for expenses of detaining indigent individuals with~~	9621
~~tuberculosis.~~	9622

Sec. 340.03. (A) Subject to rules issued by the director of	9623
mental health after consultation with relevant constituencies as	9624
required by division (A)(11) of section 5119.06 of the Revised	9625
Code, with regard to mental health services, the board of alcohol,	9626
drug addiction, and mental health services shall:	9627

(1) Serve as the community mental health planning agency for	9628
the county or counties under its jurisdiction, and in so doing it	9629
shall:	9630

(a) Evaluate the need for facilities and community mental	9631
health services;	9632

(b) In cooperation with other local and regional planning and	9633
funding bodies and with relevant ethnic organizations, assess the	9634
community mental health needs, set priorities, and develop plans	9635
for the operation of facilities and community mental health	9636
services;	9637

(c) In accordance with guidelines issued by the director of	9638
mental health after consultation with board representatives,	9639
develop and submit to the department of mental health, no later	9640
than six months prior to the conclusion of the fiscal year in	9641
which the board's current plan is scheduled to expire, a community	9642
mental health plan listing community mental health needs,	9643
including the needs of all residents of the district now residing	9644
in state mental institutions and severely mentally disabled	9645
adults, children, and adolescents; all children subject to a	9646
determination made pursuant to section 121.38 of the Revised Code;	9647
and all the facilities and community mental health services that	9648
are or will be in operation or provided during the period for	9649
which the plan will be in operation in the service district to	9650
meet such needs.	9651

The plan shall include, but not be limited to, a statement of	9652
which of the services listed in section 340.09 of the Revised Code	9653
the board intends to provide or purchase, an explanation of how	9654
the board intends to make any payments that it may be required to	9655
pay under section 5119.62 of the Revised Code, a statement of the	9656
inpatient and community-based services the board proposes that the	9657
department operate, an assessment of the number and types of	9658
residential facilities needed, and such other information as the	9659
department requests, and a budget for moneys the board expects to	9660
receive. The board shall also submit an allocation request for	9661
state and federal funds. Within sixty days after the department's	9662
determination that the plan and allocation request are complete,	9663
the department shall approve or disapprove the plan and request,	9664
in whole or in part, according to the criteria developed pursuant	9665
to section 5119.61 of the Revised Code. The department's statement	9666
of approval or disapproval shall specify the inpatient and the	9667
community-based services that the department will operate for the	9668
board. Eligibility for financial support shall be contingent upon	9669
an approved plan or relevant part of a plan.	9670

If the director disapproves all or part of any plan, the	9671
director shall inform the board of the reasons for the disapproval	9672
and of the criteria that must be met before the plan may be	9673
approved. The director shall provide the board an opportunity to	9674
present its case on behalf of the plan. The director shall give	9675
the board a reasonable time in which to meet the criteria, and	9676
shall offer the board technical assistance to help it meet the	9677
criteria.	9678

If the approval of a plan remains in dispute thirty days	9679
prior to the conclusion of the fiscal year in which the board's	9680
current plan is scheduled to expire, the board or the director may	9681
request that the dispute be submitted to a mutually agreed upon	9682
third-party mediator with the cost to be shared by the board and	9683
the department. The mediator shall issue to the board and the	9684
department recommendations for resolution of the dispute. Prior to	9685
the conclusion of the fiscal year in which the current plan is	9686
scheduled to expire, the director, taking into consideration the	9687
recommendations of the mediator, shall make a final determination	9688
and approve or disapprove the plan, in whole or in part.	9689

If a board determines that it is necessary to amend a plan or	9690
an allocation request that has been approved under division	9691
(A)(1)(c) of this section, the board shall submit a proposed	9692
amendment to the director. The director may approve or disapprove	9693
all or part of the amendment. If the director does not approve all	9694
or part of the amendment within thirty days after it is submitted,	9695
the amendment or part of it shall be considered to have been	9696
approved. The director shall inform the board of the reasons for	9697
disapproval of all or part of an amendment and of the criteria	9698
that must be met before the amendment may be approved. The	9699
director shall provide the board an opportunity to present its	9700
case on behalf of the amendment. The director shall give the board	9701
a reasonable time in which to meet the criteria, and shall offer	9702
the board technical assistance to help it meet the criteria.	9703

The board shall implement the plan approved by the	9704
department.	9705

(d) Receive, compile, and transmit to the department of	9706
mental health applications for state reimbursement;	9707

(e) Promote, arrange, and implement working agreements with	9708
social agencies, both public and private, and with judicial	9709
agencies.	9710

(2) Investigate, or request another agency to investigate,	9711
any complaint alleging abuse or neglect of any person receiving	9712
services from a community mental health agency as defined in	9713
section 5122.01 of the Revised Code, or from a residential	9714
facility licensed under section 5119.22 of the Revised Code. If	9715
the investigation substantiates the charge of abuse or neglect,	9716
the board shall take whatever action it determines is necessary to	9717
correct the situation, including notification of the appropriate	9718
authorities. Upon request, the board shall provide information	9719
about such investigations to the department.	9720

(3) For the purpose of section 5119.611 of the Revised Code,	9721
cooperate with the director of mental health in visiting and	9722
evaluating whether the services of a community mental health	9723
agency satisfy the certification standards established by rules	9724
adopted under that section;	9725

(4) In accordance with criteria established under division	9726
(G) of section 5119.61 of the Revised Code, review and evaluate	9727
the quality, effectiveness, and efficiency of services provided	9728
through its community mental health plan and submit its findings	9729
and recommendations to the department of mental health;	9730

(5) In accordance with section 5119.22 of the Revised Code,	9731
review applications for residential facility licenses and	9732
recommend to the department of mental health approval or	9733
disapproval of applications;	9734

(6) Audit, in accordance with rules adopted by the auditor of	9735
state pursuant to section 117.20 of the Revised Code, at least	9736
annually all programs and services provided under contract with	9737
the board. In so doing, the board may contract for or employ the	9738
services of private auditors. A copy of the fiscal audit report	9739
shall be provided to the director of mental health, the auditor of	9740
state, and the county auditor of each county in the board's	9741
district.	9742

(7) Recruit and promote local financial support for mental	9743
health programs from private and public sources;	9744

(8)(a) Enter into contracts with public and private	9745
facilities for the operation of facility services included in the	9746
board's community mental health plan and enter into contracts with	9747
public and private community mental health agencies for the	9748
provision of community mental health services listed in section	9749
340.09 of the Revised Code and included in the board's community	9750
mental health plan. Contracts with community mental health	9751
agencies are subject to section 5119.611 of the Revised Code.	9752
Section 307.86 of the Revised Code does not apply to contracts	9753
entered into under this division. In contracting with a community	9754
mental health agency, a board shall consider the cost	9755
effectiveness of services provided by that agency and the quality	9756
and continuity of care, and may review cost elements, including	9757
salary costs, of the services to be provided. A utilization review	9758
process shall be established as part of the contract for services	9759
entered into between a board and a community mental health agency.	9760
The board may establish this process in a way that is most	9761
effective and efficient in meeting local needs. In the case of a	9762
contract with a community mental health facility, as defined in	9763
section ~~5111.022~~5111.023 of the Revised Code, to provide services	9764
listed in division (B) of that section, the contract shall provide	9765
for the facility to be paid in accordance with the contract	9766
entered into between the departments of job and family services	9767
and mental health under section 5111.91 of the Revised Code and	9768
any rules adopted under division (A) of section 5119.61 of the	9769
Revised Code.	9770

If either the board or a facility or community mental health	9771
agency with which the board contracts under division (A)(8)(a) of	9772
this section proposes not to renew the contract or proposes	9773
substantial changes in contract terms, the other party shall be	9774
given written notice at least one hundred twenty days before the	9775
expiration date of the contract. During the first sixty days of	9776
this one hundred twenty-day period, both parties shall attempt to	9777
resolve any dispute through good faith collaboration and	9778
negotiation in order to continue to provide services to persons in	9779
need. If the dispute has not been resolved sixty days before the	9780
expiration date of the contract, either party may notify the	9781
department of mental health of the unresolved dispute. The	9782
director may require both parties to submit the dispute to a third	9783
party with the cost to be shared by the board and the facility or	9784
community mental health agency. The third party shall issue to the	9785
board, the facility or agency, and the department recommendations	9786
on how the dispute may be resolved twenty days prior to the	9787
expiration date of the contract, unless both parties agree to a	9788
time extension. The director shall adopt rules establishing the	9789
procedures of this dispute resolution process.	9790

(b) With the prior approval of the director of mental health,	9791
a board may operate a facility or provide a community mental	9792
health service as follows, if there is no other qualified private	9793
or public facility or community mental health agency that is	9794
immediately available and willing to operate such a facility or	9795
provide the service:	9796

(i) In an emergency situation, any board may operate a	9797
facility or provide a community mental health service in order to	9798
provide essential services for the duration of the emergency;	9799

(ii) In a service district with a population of at least one	9800
hundred thousand but less than five hundred thousand, a board may	9801
operate a facility or provide a community mental health service	9802
for no longer than one year;	9803

(iii) In a service district with a population of less than	9804
one hundred thousand, a board may operate a facility or provide a	9805
community mental health service for no longer than one year,	9806
except that such a board may operate a facility or provide a	9807
community mental health service for more than one year with the	9808
prior approval of the director and the prior approval of the board	9809
of county commissioners, or of a majority of the boards of county	9810
commissioners if the district is a joint-county district.	9811

The director shall not give a board approval to operate a	9812
facility or provide a community mental health service under	9813
division (A)(8)(b)(ii) or (iii) of this section unless the	9814
director determines that it is not feasible to have the department	9815
operate the facility or provide the service.	9816

The director shall not give a board approval to operate a	9817
facility or provide a community mental health service under	9818
division (A)(8)(b)(iii) of this section unless the director	9819
determines that the board will provide greater administrative	9820
efficiency and more or better services than would be available if	9821
the board contracted with a private or public facility or	9822
community mental health agency.	9823

The director shall not give a board approval to operate a	9824
facility previously operated by a person or other government	9825
entity unless the board has established to the director's	9826
satisfaction that the person or other government entity cannot	9827
effectively operate the facility or that the person or other	9828
government entity has requested the board to take over operation	9829
of the facility. The director shall not give a board approval to	9830
provide a community mental health service previously provided by a	9831
community mental health agency unless the board has established to	9832
the director's satisfaction that the agency cannot effectively	9833
provide the service or that the agency has requested the board	9834
take over providing the service.	9835

The director shall review and evaluate a board's operation of	9836
a facility and provision of community mental health service under	9837
division (A)(8)(b) of this section.	9838

Nothing in division (A)(8)(b) of this section authorizes a	9839
board to administer or direct the daily operation of any facility	9840
or community mental health agency, but a facility or agency may	9841
contract with a board to receive administrative services or staff	9842
direction from the board under the direction of the governing body	9843
of the facility or agency.	9844

(9) Approve fee schedules and related charges or adopt a unit	9845
cost schedule or other methods of payment for contract services	9846
provided by community mental health agencies in accordance with	9847
guidelines issued by the department as necessary to comply with	9848
state and federal laws pertaining to financial assistance;	9849

(10) Submit to the director and the county commissioners of	9850
the county or counties served by the board, and make available to	9851
the public, an annual report of the programs under the	9852
jurisdiction of the board, including a fiscal accounting;	9853

(11) Establish, to the extent resources are available, a	9854
community support system, which provides for treatment, support,	9855
and rehabilitation services and opportunities. The essential	9856
elements of the system include, but are not limited to, the	9857
following components in accordance with section 5119.06 of the	9858
Revised Code:	9859

(a) To locate persons in need of mental health services to	9860
inform them of available services and benefits mechanisms;	9861

(b) Assistance for clients to obtain services necessary to	9862
meet basic human needs for food, clothing, shelter, medical care,	9863
personal safety, and income;	9864

(c) Mental health care, including, but not limited to,	9865
outpatient, partial hospitalization, and, where appropriate,	9866
inpatient care;	9867

(d) Emergency services and crisis intervention;

9868

(e) Assistance for clients to obtain vocational services and	9869
opportunities for jobs;	9870

(f) The provision of services designed to develop social,	9871
community, and personal living skills;	9872

(g) Access to a wide range of housing and the provision of	9873
residential treatment and support;	9874

(h) Support, assistance, consultation, and education for	9875
families, friends, consumers of mental health services, and	9876
others;	9877

(i) Recognition and encouragement of families, friends,	9878
neighborhood networks, especially networks that include racial and	9879
ethnic minorities, churches, community organizations, and	9880
meaningful employment as natural supports for consumers of mental	9881
health services;	9882

(j) Grievance procedures and protection of the rights of	9883
consumers of mental health services;	9884

(k) Case management, which includes continual individualized	9885
assistance and advocacy to ensure that needed services are offered	9886
and procured.	9887

(12) Designate the treatment program, agency, or facility for	9888
each person involuntarily committed to the board pursuant to	9889
Chapter 5122. of the Revised Code and authorize payment for such	9890
treatment. The board shall provide the least restrictive and most	9891
appropriate alternative that is available for any person	9892
involuntarily committed to it and shall assure that the services	9893
listed in section 340.09 of the Revised Code are available to	9894
severely mentally disabled persons residing within its service	9895
district. The board shall establish the procedure for authorizing	9896
payment for services, which may include prior authorization in	9897
appropriate circumstances. The board may provide for services	9898
directly to a severely mentally disabled person when life or	9899
safety is endangered and when no community mental health agency is	9900
available to provide the service.	9901

(13) Establish a method for evaluating referrals for	9902
involuntary commitment and affidavits filed pursuant to section	9903
5122.11 of the Revised Code in order to assist the probate	9904
division of the court of common pleas in determining whether there	9905
is probable cause that a respondent is subject to involuntary	9906
hospitalization and what alternative treatment is available and	9907
appropriate, if any;	9908

(14) Ensure that apartments or rooms built, subsidized,	9909
renovated, rented, owned, or leased by the board or a community	9910
mental health agency have been approved as meeting minimum fire	9911
safety standards and that persons residing in the rooms or	9912
apartments are receiving appropriate and necessary services,	9913
including culturally relevant services, from a community mental	9914
health agency. This division does not apply to residential	9915
facilities licensed pursuant to section 5119.22 of the Revised	9916
Code.	9917

(15) Establish a mechanism for involvement of consumer	9918
recommendation and advice on matters pertaining to mental health	9919
services in the alcohol, drug addiction, and mental health service	9920
district;	9921

(16) Perform the duties under section 3722.18 of the Revised	9922
Code required by rules adopted under section 5119.61 of the	9923
Revised Code regarding referrals by the board or mental health	9924
agencies under contract with the board of individuals with mental	9925
illness or severe mental disability to adult care facilities and	9926
effective arrangements for ongoing mental health services for the	9927
individuals. The board is accountable in the manner specified in	9928
the rules for ensuring that the ongoing mental health services are	9929
effectively arranged for the individuals.	9930

(B) The board shall establish such rules, operating	9931
procedures, standards, and bylaws, and perform such other duties	9932
as may be necessary or proper to carry out the purposes of this	9933
chapter.	9934

(C) A board of alcohol, drug addiction, and mental health	9935
services may receive by gift, grant, devise, or bequest any	9936
moneys, lands, or property for the benefit of the purposes for	9937
which the board is established, and may hold and apply it	9938
according to the terms of the gift, grant, or bequest. All money	9939
received, including accrued interest, by gift, grant, or bequest	9940
shall be deposited in the treasury of the county, the treasurer of	9941
which is custodian of the alcohol, drug addiction, and mental	9942
health services funds to the credit of the board and shall be	9943
available for use by the board for purposes stated by the donor or	9944
grantor.	9945

(D) No board member or employee of a board of alcohol, drug	9946
addiction, and mental health services shall be liable for injury	9947
or damages caused by any action or inaction taken within the scope	9948
of the board member's official duties or the employee's	9949
employment, whether or not such action or inaction is expressly	9950
authorized by this section, section 340.033, or any other section	9951
of the Revised Code, unless such action or inaction constitutes	9952
willful or wanton misconduct. Chapter 2744. of the Revised Code	9953
applies to any action or inaction by a board member or employee of	9954
a board taken within the scope of the board member's official	9955
duties or employee's employment. For the purposes of this	9956
division, the conduct of a board member or employee shall not be	9957
considered willful or wanton misconduct if the board member or	9958
employee acted in good faith and in a manner that the board member	9959
or employee reasonably believed was in or was not opposed to the	9960
best interests of the board and, with respect to any criminal	9961
action or proceeding, had no reasonable cause to believe the	9962
conduct was unlawful.	9963

(E) The meetings held by any committee established by a board	9964
of alcohol, drug addiction, and mental health services shall be	9965
considered to be meetings of a public body subject to section	9966
121.22 of the Revised Code.	9967

Sec. 340.16. Not later than ninety days after ~~the effective~~	9968
~~date of this section~~September 5, 2001, the department of mental	9969
health and the department of job and family services shall adopt	9970
rules that establish requirements and procedures for prior	9971
notification and service coordination between public children	9972
services agencies and boards of alcohol, drug addiction, and	9973
mental health services when a public children services agency	9974
refers a child in its custody to a board for services funded by	9975
the board. The rules shall be adopted in accordance with Chapter	9976
119. of the Revised Code.	9977

The department of mental health and department of job and	9978
family services shall collaborate in formulating a plan that	9979
delineates the funding responsibilities of public children	9980
services agencies and boards of alcohol, drug addiction, and	9981
mental health services for services provided under section	9982
~~5111.022~~5111.023 of the Revised Code to children in the custody	9983
of public children services agencies. The departments shall	9984
complete the plan not later than ninety days after ~~the effective~~	9985
~~date of this section~~September 5, 2001.	9986

Sec. 341.192. (A) As used in this section:

9987

(1) "Medical assistance program" has the same meaning as in	9988
section 2913.40 of the Revised Code.	9989

(2) "Medical provider" means a physician, hospital,	9990
laboratory, pharmacy, or other health care provider that is not	9991
employed by or under contract to a county or the department of	9992
rehabilitation and correction to provide medical services to	9993
persons confined in the county jail or a state correctional	9994
institution.	9995

(3) "Necessary care" means medical care of a nonelective	9996
nature that cannot be postponed until after the period of	9997
confinement of a person who is confined in a county jail or a	9998
state correctional institution or is in the custody of a law	9999
enforcement officer without endangering the life or health of the	10000
person.	10001

(B) If a physician employed by or under contract to a county	10002
or the department of rehabilitation and correction to provide	10003
medical services to persons confined in the county jail or state	10004
correctional institution determines that a person who is confined	10005
in the county jail or a state correctional institution or who is	10006
in the custody of a law enforcement officer prior to the person's	10007
confinement in the county jail or a state correctional institution	10008
requires necessary care that the physician cannot provide, the	10009
necessary care shall be provided by a medical provider. The county	10010
or the department of rehabilitation and correction shall pay a	10011
medical provider for necessary care an amount not exceeding the	10012
authorized reimbursement rate for the same service established by	10013
the department of job and family services under the medical	10014
assistance program.	10015

Sec. 731.14. All contracts made by the legislative authority	10016
of a village shall be executed in the name of the village and	10017
signed on its behalf by the mayor and clerk. Except where the	10018
contract is for equipment, services, materials, or supplies to be	10019
purchased under division (D) of section 713.23 or section 125.04	10020
or 5513.01 of the Revised Code or, available from a qualified	10021
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	10022
Revised Code, or required to be purchased from a qualified	10023
nonprofit agency under sections 125.60 to 125.6012 of the Revised	10024
Code, when any expenditure, other than the compensation of persons	10025
employed in the village, exceeds twenty-five thousand dollars,	10026
such contracts shall be in writing and made with the lowest and	10027
best bidder after advertising for not less than two nor more than	10028
four consecutive weeks in a newspaper of general circulation	10029
within the village. The bids shall be opened and shall be publicly	10030
read by the clerk of the village or a person designated by the	10031
clerk at the time, date, and place specified in the advertisement	10032
to bidders or specifications. The time, date, and place of bid	10033
openings may be extended to a later date by the legislative	10034
authority of the village, provided that written or oral notice of	10035
the change shall be given to all persons who have received or	10036
requested specifications no later than ninety-six hours prior to	10037
the original time and date fixed for the opening. This section	10038
does not apply to those villages that have provided for the	10039
appointment of a village administrator under section 735.271 of	10040
the Revised Code.	10041

Sec. 731.141. In those villages that have established the	10042
position of village administrator, as provided by section 735.271	10043
of the Revised Code, the village administrator shall make	10044
contracts, purchase supplies and materials, and provide labor for	10045
any work under the administrator's supervision involving not more	10046
than twenty-five thousand dollars. When an expenditure, other than	10047
the compensation of persons employed by the village, exceeds	10048
twenty-five thousand dollars, the expenditure shall first be	10049
authorized and directed by ordinance of the legislative authority	10050
of the village. When so authorized and directed, except where the	10051
contract is for equipment, services, materials, or supplies to be	10052
purchased under division (D) of section 713.23 or section 125.04	10053
or 5513.01 of the Revised Code or, available from a qualified	10054
nonprofit agency pursuant to sections 4115.31 to 4115.35 of the	10055
Revised Code, or required to be purchased from a qualified	10056
nonprofit agency under sections 125.60 to 125.6012 of the Revised	10057
Code, the village administrator shall make a written contract with	10058
the lowest and best bidder after advertisement for not less than	10059
two nor more than four consecutive weeks in a newspaper of general	10060
circulation within the village. The bids shall be opened and shall	10061
be publicly read by the village administrator or a person	10062
designated by the village administrator at the time, date, and	10063
place as specified in the advertisement to bidders or	10064
specifications. The time, date, and place of bid openings may be	10065
extended to a later date by the village administrator, provided	10066
that written or oral notice of the change shall be given to all	10067
persons who have received or requested specifications no later	10068
than ninety-six hours prior to the original time and date fixed	10069
for the opening. All contracts shall be executed in the name of	10070
the village and signed on its behalf by the village administrator	10071
and the clerk.	10072

The legislative authority of a village may provide, by	10073
ordinance, for central purchasing for all offices, departments,	10074
divisions, boards, and commissions of the village, under the	10075
direction of the village administrator, who shall make contracts,	10076
purchase supplies or materials, and provide labor for any work of	10077
the village in the manner provided by this section.	10078

Sec. 742.59. The board of trustees of the Ohio police and	10079
fire pension fund shall be the trustee of the funds created as	10080
follows:	10081

(A) The "police officers' contribution fund" is the fund in	10082
which shall be credited the contributions deducted from the	10083
salaries of members of police departments and paid into the Ohio	10084
police and fire pension fund, as provided by section 742.31 of the	10085
Revised Code, and that percentage of the employers' accrued	10086
liability that is attributable to deductions previously made from	10087
the salaries of members of the police department who are still in	10088
the active service at the time that portion of the employers'	10089
accrued liability is paid. The accumulated contributions of a	10090
member of a police department shall be transferred at the member's	10091
retirement from the police officers' contribution fund to the	10092
police officers' pension reserve fund.	10093

(B) The "firefighters' contribution fund" is the fund in	10094
which shall be credited contributions deducted from the salaries	10095
of members of fire departments and paid into the Ohio police and	10096
fire pension fund, as provided by section 742.31 of the Revised	10097
Code, and that percentage of the employers' accrued liability that	10098
is attributable to deductions previously made from the salaries of	10099
members of the fire department who are still in the active service	10100
at the time that portion of the employers' accrued liability is	10101
paid. The accumulated contributions of a member of a fire	10102
department shall be transferred at the member's retirement from	10103
the firefighters' contribution fund to the firefighters' pension	10104
reserve fund.	10105

(C) The "police officer employers' contribution fund" is the	10106
fund to which the following shall be credited:	10107

(1) The police officer employers' contribution, as provided	10108
by section 742.33 of the Revised Code~~, and that~~;	10109

(2) The percentage of the employers' accrued liability that	10110
is attributable to the employers' liability for prior service of	10111
members of the police department who are still in the active	10112
service at the time that portion of the employers' accrued	10113
liability is paid~~, and that portion of the state contribution~~	10114
~~allocated to such fund, as provided by section 742.36 of the~~	10115
~~Revised Code, shall be credited, and in which shall be~~	10116
~~accumulated~~.	10117

In the police officer employers' contribution fund shall	10118
accumulate the reserves held in trust for the payment of all	10119
pensions or other benefits provided by sections 742.01 to 742.61	10120
of the Revised Code to members of a police department retiring in	10121
the future or their qualified beneficiaries and from which the	10122
reserves for such pensions and other benefits shall be transferred	10123
to the police officers' pension reserve fund.	10124

(D) The "firefighter employers' contribution fund" is the	10125
fund to which the following shall be credited:	10126

(1) The firefighter employers' contribution, as provided in	10127
section 742.34 of the Revised Code~~, and that~~;	10128

(2) The percentage of the employers' accrued liability that	10129
is attributable to the employers' liability for prior service for	10130
members of the fire department who are still in the active service	10131
at the time that portion of the employers' accrued liability is	10132
paid~~, and that portion of the state contribution allocated to such~~	10133
~~fund, as provided by section 742.36 of the Revised Code, shall be~~	10134
~~credited, and in which shall be accumulated~~.	10135

In the firefighter employers' contribution fund shall	10136
accumulate the reserves held in trust for the payment of all	10137
pensions and other benefits provided by sections 742.01 to 742.61	10138
of the Revised Code to members of a fire department retiring in	10139
the future or their qualified beneficiaries and from which the	10140
reserves for such pensions and other benefits shall be transferred	10141
to the firefighters' pension reserve fund.	10142

(E) The "police officers' pension reserve fund" is the fund	10143
from which shall be paid all pensions and other benefits for which	10144
reserves have been transferred from the police officers'	10145
contribution fund and the police officer employers' contribution	10146
fund, and to which shall be credited that percentage of the	10147
employers' accrued liability that is attributable to the total of	10148
deductions previously made from the salaries of members of the	10149
police department who are retired and are receiving pensions or	10150
other benefits, or whose beneficiaries are receiving benefits, at	10151
the time that portion of the employers' accrued liability is paid,	10152
and that percentage of the employers' accrued liability that is	10153
attributable to prior service of members of the police department	10154
who are retired and are receiving pensions or other benefits, or	10155
whose beneficiaries are receiving benefits, at the time that	10156
portion of the employers' accrued liability is paid.	10157

(F) The "firefighters' pension reserve fund" is the fund from	10158
which shall be paid all pensions and other benefits for which	10159
reserves have been transferred from the firefighters' contribution	10160
fund and the firefighter employers' contribution fund, and to	10161
which shall be credited that percentage of the employers' accrued	10162
liability that is attributable to the total of deductions	10163
previously made from the salaries of members of the fire	10164
department who are retired and are receiving pensions or other	10165
benefits, or whose beneficiaries are receiving benefits, at the	10166
time that portion of the employers' accrued liability is paid, and	10167
that percentage of the employers' accrued liability that is	10168
attributable to prior service of members of the fire department	10169
who are retired and are receiving pensions or other benefits, or	10170
whose beneficiaries are receiving benefits, at the time that	10171
portion of the employers' accrued liability is paid.	10172

(G) The "guarantee fund" is the fund from which interest is	10173
transferred and credited on the amounts in the funds described in	10174
divisions (C), (D), (E), and (F) of this section, and is a	10175
contingent fund from which the special requirements of said funds	10176
may be paid by transfer from this fund. All income derived from	10177
the investment of funds by the board of trustees of the Ohio	10178
police and fire pension fund as trustee under section 742.11 of	10179
the Revised Code, together with all gifts and bequests or the	10180
income therefrom, shall be paid into this fund.	10181

Any deficit occurring in any other fund that will not be	10182
covered by payments to that fund, as otherwise provided by	10183
sections 742.01 to 742.61 of the Revised Code, shall be paid by	10184
transfers of amounts from the guarantee fund to such fund or	10185
funds. Should the amount in the guarantee fund be insufficient at	10186
any time to meet the amounts payable therefrom, the amount of such	10187
deficiency, with regular interest, shall be paid by an additional	10188
employer rate of current contribution as determined by the actuary	10189
and shall be approved by the board of trustees of the Ohio police	10190
and fire pension fund, and the amount of such additional employer	10191
contribution shall be credited to the guarantee fund.	10192

The board may accept gifts and bequests. Any funds that may	10193
come into the possession of the board in this manner, or any other	10194
funds whose disposition is not otherwise provided for, shall be	10195
credited to the guarantee fund.	10196

(H) The "expense fund" is the fund from which shall be paid	10197
the expenses for the administration and management of the Ohio	10198
police and fire pension fund, as provided by sections 742.01 to	10199
742.61 of the Revised Code, and to which shall be credited from	10200
the guarantee fund an amount sufficient to pay the expenses of	10201
operation.	10202

Sec. 901.43. (A) The director of agriculture may authorize	10203
any department of agriculture laboratory to perform a laboratory	10204
service for any person, organization, political subdivision, state	10205
agency, federal agency, or other entity, whether public or	10206
private. The director shall adopt and enforce rules to provide for	10207
the rendering of a laboratory service.	10208

(B) The director may charge a reasonable fee for the	10209
performance of a laboratory service, except when the service is	10210
performed on an official sample taken by the director acting	10211
pursuant to Title IX, Chapter 3715., or Chapter 3717. of the	10212
Revised Code; by a board of health acting as the licensor of	10213
retail food establishments or food service operations under	10214
Chapter 3717. of the Revised Code; or by the director of health	10215
acting as the licensor of food service operations under Chapter	10216
3717. of the Revised Code. The director of agriculture shall adopt	10217
rules specifying what constitutes an official sample.	10218

The director shall publish a list of laboratory services	10219
offered, together with the fee for each service.	10220

(C) The director may enter into a contract with any person,	10221
organization, political subdivision, state agency, federal agency,	10222
or other entity for the provision of a laboratory service.	10223

(D)(1) The director may adopt rules establishing standards	10224
for accreditation of laboratories and laboratory services and in	10225
doing so may adopt by reference existing or recognized standards	10226
or practices.	10227

(2) The director may inspect and accredit laboratories and	10228
laboratory services, and may charge a reasonable fee for the	10229
inspections and accreditation.	10230

(E)(1) ~~All~~There is hereby created in the state treasury the	10231
animal health and food safety fund. Moneys from the following	10232
sources shall be deposited into the state treasury to the credit	10233
of the fund: all moneys collected by the director under this	10234
section that are from fees generated by a laboratory service	10235
performed by the department and related to the diseases of	10236
animals, ~~and~~ all moneys so collected that are from fees generated	10237
for the inspection and accreditation of laboratories and	10238
laboratory services related to the diseases of animals, ~~shall be~~	10239
~~deposited in the animal industry laboratory fund, which is hereby~~	10240
~~created in the state treasury. The director shall use the moneys~~	10241
~~in the animal industry laboratory fund to pay the expenses~~	10242
~~necessary to operate the animal industry laboratory, including the~~	10243
~~purchase of supplies and equipment.~~	10244

~~(2) All~~all moneys collected by the director under this	10245
section that are from fees generated by a laboratory service	10246
performed by the consumer analytical laboratory, and all moneys so	10247
collected that are from fees generated for the inspection and	10248
accreditation of laboratories and laboratory services not related	10249
to weights and measures ~~or the diseases of animals, shall be~~	10250
~~deposited in the laboratory services fund, which is hereby created~~	10251
~~in the state treasury~~. The director may use the moneys held in the	10252
fund ~~may be used~~ to pay the expenses necessary to operate the	10253
animal industry laboratory and the consumer analytical laboratory,	10254
including the purchase of supplies and equipment.	10255

~~(3)~~(2) All moneys collected by the director under this	10256
section that are from fees generated by a laboratory service	10257
performed by the weights and measures laboratory, and all moneys	10258
so collected that are from fees generated for the inspection and	10259
accreditation of laboratories and laboratory services related to	10260
weights and measures, shall be deposited in the state treasury to	10261
the credit of the weights and measures laboratory fund, which is	10262
hereby created in the state treasury. The moneys held in the fund	10263
may be used to pay the expenses necessary to operate the division	10264
of weights and measures, including the purchase of supplies and	10265
equipment.	10266

Sec. 901.44. There is hereby created in the state treasury	10267
the laboratory and administrative support fund. The department of	10268
agriculture shall deposit the following moneys received by the	10269
department to the credit of the fund: payment for the rental of	10270
the department's auditoriums by outside parties and reimbursement	10271
for related utility expenses, laboratory fees that are not	10272
designated for deposit into another fund, and other miscellaneous	10273
moneys that are not designated for deposit into another fund. The	10274
department may use moneys in the fund to pay costs associated with	10275
any program of the department as the director of agriculture sees	10276
fit.	10277

Sec. 903.05. (A) Each application for a permit to install or	10278
permit to operate a concentrated animal feeding facility that is	10279
submitted by an applicant who has not operated a concentrated	10280
animal feeding facility in this state for at least two of the five	10281
years immediately preceding the submission of the application	10282
shall be accompanied by all of the following:	10283

(1) A listing of all ~~concentrated~~ animal feeding facilities	10284
that the owner or operator of the proposed new or modified	10285
concentrated animal feeding facility has operated or is operating	10286
in this state;	10287

(2) A listing of the ~~concentrated~~ animal feeding facilities	10288
that the owner or operator has operated or is operating elsewhere	10289
in the United States and that are regulated under the Federal	10290
Water Pollution Control Act together with a listing of the	10291
~~concentrated~~ animal feeding facilities that the owner or operator	10292
has operated or is operating outside the United States;	10293

(3) A listing of all administrative enforcement orders issued	10294
to the owner or operator, all civil actions in which the owner or	10295
operator was determined by the trier of fact to be liable in	10296
damages or was the subject of injunctive relief or another type of	10297
civil relief, and all criminal actions in which the owner or	10298
operator pleaded guilty or was convicted, during the five years	10299
immediately preceding the submission of the application, in	10300
connection with any violation of the federal Water Pollution	10301
Control Act, the "Safe Drinking Water Act," as defined in section	10302
6109.01 of the Revised Code, or any other applicable state laws	10303
pertaining to environmental protection that was alleged to have	10304
occurred or to be occurring at any ~~concentrated~~ animal feeding	10305
facility that the owner or operator has operated or is operating	10306
in the United States or with any violation of the environmental	10307
laws of another country that was alleged to have occurred or to be	10308
occurring at any ~~concentrated~~ animal feeding facility that the	10309
owner or operator has operated or is operating outside the United	10310
States.	10311

The lists of ~~concentrated~~ animal feeding facilities operated	10312
by the owner or operator within or outside this state or outside	10313
the United States shall include, respectively, all such facilities	10314
operated by the owner or operator during the five-year period	10315
immediately preceding the submission of the application.	10316

(B) If the applicant for a permit to install or permit to	10317
operate has been involved in any prior activity involving the	10318
operation of ~~a concentrated~~an animal feeding facility, the	10319
director of agriculture may deny the application if the director	10320
finds from the application, the information submitted under	10321
divisions (A)(1) to (3) of this section, pertinent information	10322
submitted to the director, and other pertinent information	10323
obtained by the director at the director's discretion that the	10324
applicant and persons associated with the applicant, in the	10325
operation of ~~concentrated~~ animal feeding facilities, have a	10326
history of substantial noncompliance with the Federal Water	10327
Pollution Control Act, the "Safe Drinking Water Act," as defined	10328
in section 6109.01 of the Revised Code, any other applicable state	10329
laws pertaining to environmental protection, or the environmental	10330
laws of another country that indicates that the applicant lacks	10331
sufficient reliability, expertise, and competence to operate the	10332
proposed new or modified concentrated animal feeding facility in	10333
substantial compliance with this chapter and rules adopted under	10334
it.	10335

(C) A person who seeks to acquire a concentrated animal	10336
feeding facility that has been issued an installation permit that	10337
has been transferred from the director of environmental protection	10338
to the director of agriculture, a permit to install, or a permit	10339
to operate shall submit to the director the information specified	10340
in divisions (A)(1) to (3) of this section prior to the transfer	10341
of the permit. The permit shall not be transferred as otherwise	10342
provided in division (I) of section 903.09 of the Revised Code if	10343
the director finds from the information submitted under divisions	10344
(A)(1) to (3) of this section, pertinent information submitted to	10345
the director, and other pertinent information obtained by the	10346
director at the director's discretion that the person, in the	10347
operation of ~~concentrated~~ animal feeding facilities, has a history	10348
of substantial noncompliance with the Federal Water Pollution	10349
Control Act, the "Safe Drinking Water Act," as defined in section	10350
6109.01 of the Revised Code, any other applicable state laws	10351
pertaining to environmental protection, or the environmental laws	10352
of another country that indicates that the person lacks sufficient	10353
reliability, expertise, and competence to operate the concentrated	10354
animal feeding facility in substantial compliance with this	10355
chapter and rules adopted under it.	10356

Sec. 905.32. (A) No person shall manufacture or distribute	10357
in this state any type of fertilizer until a license to	10358
manufacture or distribute has been obtained by the manufacturer or	10359
distributor from the department of agriculture upon payment of a	10360
five dollar fee:	10361

(1) For each fixed (permanent) location at which fertilizer	10362
is manufactured in this state;	10363

(2) For each mobile unit used to manufacture fertilizer in	10364
this state;	10365

(3) For each location out of the state from which fertilizer	10366
is distributed in this state to nonlicensees.	10367

All licenses ~~expire on the thirtieth day of June of each~~	10368
shall be valid for one year beginning on the first day of December	10369
of a calendar year through the thirtieth day of November of the	10370
following calendar year. A renewal application for a license shall	10371
be submitted ~~no earlier than the first day of June each year and~~	10372
no later than the thirtieth day of ~~June~~November each year. A	10373
person who submits a renewal application for a license after the	10374
thirtieth day of ~~June~~November shall include with the application	10375
a late filing fee of ten dollars.	10376

(B) An application for license shall include:

10377

(1) The name and address of the licensee;

10378

(2) The name and address of each bulk distribution point in	10379
the state, not licensed for fertilizer manufacture and	10380
distribution.	10381

The name and address shown on the license shall be shown on	10382
all labels, pertinent invoices, and bulk storage for fertilizers	10383
distributed by the licensee in this state.	10384

(C) The licensee shall inform the director of agriculture in	10385
writing of additional distribution points established during the	10386
period of the license.	10387

Sec. 905.33. (A) Except as provided in division (C) of this	10388
section, no person shall distribute in this state a specialty	10389
fertilizer until it is registered by the manufacturer or	10390
distributor with the department of agriculture. An application, in	10391
duplicate, for each brand and product name of each grade of	10392
specialty fertilizer shall be made on a form furnished by the	10393
director of agriculture and shall be accompanied with a fee of	10394
fifty dollars for each brand and product name of each grade.	10395
Labels for each brand and product name of each grade shall	10396
accompany the application. Upon the approval of an application by	10397
the director, a copy of the registration shall be furnished the	10398
applicant. All registrations ~~expire on the thirtieth day of June~~	10399
~~of each~~shall be valid for one year beginning on the first day of	10400
December of a calendar year through the thirtieth day of November	10401
of the following calendar year.	10402

(B) An application for registration shall include the	10403
following:	10404

(1) Name and address of the manufacturer or distributor;

10405

(2) The brand and product name;

10406

(3) The grade;

10407

(4) The guaranteed analysis;

10408

(5) The package sizes for persons that package fertilizers	10409
only in containers of ten pounds or less.	10410

(C)(1) No person who engages in the business of applying	10411
custom mixed fertilizer to lawns, golf courses, recreation areas,	10412
or other real property that is not used for agricultural	10413
production shall be required to register the custom mixed	10414
fertilizer as a specialty fertilizer in accordance with division	10415
(A) of this section if the fertilizer ingredients of the custom	10416
mixed fertilizer are registered as specialty fertilizers and the	10417
inspection fee described in division (A) of section 905.36 of the	10418
Revised Code is paid.	10419

(2) No person who engages in the business of blending custom	10420
mixed fertilizer for use on lawns, golf courses, recreation areas,	10421
or other real property that is not used for agricultural	10422
production shall be required to register the custom mixed	10423
fertilizer as a specialty fertilizer in accordance with division	10424
(A) of this section if the facility holds a nonagricultural	10425
production custom mixed fertilizer blender license issued under	10426
section 905.331 of the Revised Code.	10427

(D) A person who engages in the business of applying or	10428
blending custom mixed fertilizer as described in division (C) of	10429
this section shall maintain an original or a copy of an invoice or	10430
document of sale for all fertilizer the person applies or	10431
distributes for one year following the date of the application or	10432
distribution, and, upon the director's request, shall furnish the	10433
director with the invoice or document of sale for the director's	10434
review.	10435

Sec. 905.331. No person who engages in the business of	10436
blending a custom mixed fertilizer for use on lawns, golf courses,	10437
recreation areas, or other real property that is not used for	10438
agricultural production shall fail to register a specialty	10439
fertilizer in accordance with division (A) of section 905.33 of	10440
the Revised Code unless the person has obtained aan annual	10441
nonagricultural production custom mixed fertilizer blender license	10442
from the director of agriculture.	10443

A license issued under this section shall be valid from the	10444
first day of December of a calendar year through the thirtieth day	10445
of November of the following calendar year. A renewal application	10446
for a nonagricultural production custom mixed fertilizer blender	10447
license shall be submitted to the director ~~no earlier than the~~	10448
~~first day of June each year and~~ no later than the thirtieth day of	10449
~~June~~November each year and shall include the name and address of	10450
the applicant and of the premises where the blending occurs and a	10451
one-hundred-dollar fee. A person who submits a renewal application	10452
for a license after the thirtieth day of ~~June~~November shall	10453
include with the application a late filing fee of ten dollars. All	10454
nonagricultural production custom mixed fertilizer blender	10455
licenses expire on the thirtieth day of ~~June of~~November each	10456
year.	10457

A person holding a nonagricultural production custom mixed	10458
fertilizer blender license shall pay the inspection fees described	10459
in division (A) of section 905.36 of the Revised Code for each	10460
product being blended.	10461

Sec. 905.36. (A) A licensee or registrant, except	10462
registrants who package specialty fertilizers only in containers	10463
of ten pounds or less, shall pay the director of agriculture for	10464
all fertilizers distributed in this state an inspection fee at the	10465
rate of ~~twelve~~twenty-five cents per ton or ~~thirteen~~twenty-eight	10466
cents per metric ton. Licensees and registrants shall specify on	10467
an invoice whether the per ton inspection fee has been paid or	10468
whether payment of the fee is the responsibility of the purchaser	10469
of the fertilizer. The payment of this inspection fee by a	10470
licensee or registrant shall exempt all other persons from the	10471
payment of this fee.	10472

(B) Every licensee or registrant shall file ~~a semiannual~~	10473
~~statement~~with the director an annual tonnage report that includes	10474
the number of net tons or metric tons of fertilizer distributed to	10475
nonlicensees or nonregistrants in this state by grade; packaged;	10476
bulk, dry or liquid~~; within thirty days after the thirtieth day of~~	10477
~~June, and within thirty days after the thirty-first day of~~	10478
~~December, respectively, of~~. The report shall be filed on or before	10479
the thirtieth day of November of each calendar year and shall	10480
include data from the period beginning on the first day of	10481
November of the year preceding the year in which the report is due	10482
through the thirty-first day of October of the year in which the	10483
report is due. The licensee or registrant, except registrants who	10484
package specialty fertilizers only in containers of ten pounds or	10485
less, shall include with this statement the inspection fee at the	10486
rate stated in division (A) of this section. For a tonnage report	10487
that is not filed or payment of inspection fees that is not made	10488
~~within ten days after due date~~on or before the thirtieth day of	10489
November of the applicable calendar year, a penalty of fifty	10490
dollars or ten per cent of the amount due, whichever is greater,	10491
shall be assessed against the licensee or registrant. The amount	10492
of fees due, plus penalty, shall constitute a debt and become the	10493
basis of a judgment against the licensee or registrant. For	10494
tonnage reports found to be incorrect, a penalty of fifteen per	10495
cent of the amount due shall be assessed against the licensee or	10496
registrant and shall constitute a debt and become the basis of a	10497
judgment against the licensee or registrant.	10498

(C) No information furnished under this section shall be	10499
disclosed by any employee of the department of agriculture in such	10500
a way as to divulge the operation of any person required to make	10501
such a report. The filing by a licensee or registrant of a sales	10502
volume tonnage statement required by division (B) of this section	10503
thereby grants permission to the director to verify the same with	10504
the records of the licensee or registrant.	10505

Sec. 905.37. (A) The director of agriculture ~~shall~~may	10506
distribute annual statements of fertilizer sales by grades of	10507
materials and mixed fertilizer by counties, in a manner prescribed	10508
by the director.	10509

(B) The director ~~shall~~may publish ~~at least~~ annually a report	10510
of the analysis of fertilizers inspected.	10511

(C) The director may distribute a state fertilizer usage	10512
report by grade of materials and mixed fertilizers for each month.	10513

Sec. 905.38. The commercial feed, fertilizer, seed, and lime	10514
inspection and laboratory fund is hereby created in the state	10515
treasury. All moneys collected by the director of agriculture	10516
under sections 905.31 to 905.50 of the Revised Code, shall be	10517
deposited into the fund. Moneys credited to the fund under this	10518
section and sections 905.66, 907.16, and 923.46 of the Revised	10519
Code shall be used for administering and enforcing this chapter	10520
and ~~Chapter~~Chapters 907. and 923. of the Revised Code and rules	10521
adopted under them.	10522

Sec. 905.381. The director of agriculture shall keep	10523
accurate accounts of all receipts and disbursements from the	10524
commercial feed, fertilizer, seed, and lime inspection and	10525
laboratory fund, and shall prepare, and provide upon request, an	10526
annual report classifying the receipts and disbursements as	10527
pertaining to either feed, fertilizer, seed, or lime.	10528

Sec. 905.50. If the director of agriculture has taken an	10529
official sample of a fertilizer or mixed fertilizer and determined	10530
that it constitutes mislabeled fertilizer pursuant to rules	10531
adopted under section 905.40 of the Revised Code, the person who	10532
labeled the fertilizer or mixed fertilizer shall pay a penalty to	10533
the consumer of the mislabeled fertilizer or, if the consumer	10534
cannot be determined with reasonable diligence or is not	10535
available, to the director for deposit into the commercial feed,	10536
fertilizer, seed, and lime inspection and laboratory fund created	10537
under section 905.38 of the Revised Code. The amount of the	10538
penalty shall be calculated in accordance with either division (A)	10539
or (B) of this section, whichever method of calculation yields the	10540
largest amount.	10541

(A)(1) A penalty required to be paid under this section may	10542
be calculated as follows:	10543

(a) Five dollars for each percentage point of total nitrogen	10544
or phosphorus in the fertilizer that is below the percentage of	10545
nitrogen or phosphorus guaranteed on the label, multiplied by the	10546
number of tons of mislabeled fertilizer that have been sold to the	10547
consumer;	10548

(b) Three dollars for each percentage point of potash in the	10549
fertilizer that is below the percentage of potash guaranteed on	10550
the label, multiplied by the number of tons of mislabeled	10551
fertilizer that have been sold to the consumer.	10552

(2) In the case of a fertilizer that contains a quantity of	10553
nitrogen, phosphorus, or potash that is more than five percentage	10554
points below the percentages guaranteed on the label, the	10555
penalties calculated under division (A)(1) of this section shall	10556
be tripled.	10557

(3) No penalty calculated under division (A) of this section	10558
shall be less than twenty-five dollars.	10559

(B) A penalty required to be paid under this section may be	10560
calculated by multiplying the market value of one unit of the	10561
mislabeled fertilizer by the number of units of the mislabeled	10562
fertilizer that have been sold to the consumer.	10563

(C) Upon making a determination under this section that a	10564
person has mislabeled fertilizer or mixed fertilizer, the director	10565
shall determine the parties to whom the penalty imposed by this	10566
section is required to be paid and, in accordance with division	10567
(A) or (B) of this section, as applicable, shall calculate the	10568
amount of the penalty required to be paid to each such party.	10569
After completing those determinations and calculations, the	10570
director shall issue to the person who allegedly mislabeled the	10571
fertilizer or mixed fertilizer a notice of violation. The notice	10572
shall be accompanied by an order requiring, and specifying the	10573
manner of, payment of the penalty imposed by this section to the	10574
parties in the amounts set forth in the determinations and	10575
calculations required by this division. The order shall be issued	10576
in accordance with Chapter 119. of the Revised Code.	10577

No person shall violate a term or condition of an order	10578
issued under this division.	10579

Sec. 905.501. (A) As used in this section~~, "political~~:

10580

(1) "Political subdivision" means a county, township, or	10581
municipal corporation and any other body corporate and politic	10582
that is responsible for government activities in a geographic area	10583
smaller than that of the state.	10584

(2) "Local legislation" includes, but is not limited to, an	10585
ordinance, resolution, regulation, rule, motion, or amendment that	10586
is enacted or adopted by a political subdivision.	10587

(B)(1) No political subdivision shall regulate the	10588
registration, packaging, labeling, sale, storage, distribution,	10589
use, or application of fertilizer, or require a person licensed or	10590
registered under sections 905.31 to 905.99 of the Revised Code to	10591
obtain a license or permit to operate in a manner described in	10592
those sections, or to satisfy any other condition except as	10593
provided by a statute or rule of this state or of the United	10594
States.	10595

(2) No political subdivision shall enact, adopt, or continue	10596
in effect local legislation relating to the registration,	10597
packaging, labeling, sale, storage, distribution, use, or	10598
application of fertilizers.	10599

Sec. 905.66. All moneys collected by the director of	10600
agriculture under sections 905.51 to 905.65 of the Revised Code	10601
shall be deposited into the commercial feed, fertilizer, seed, and	10602
lime inspection and laboratory fund created under section 905.38	10603
of the Revised Code.	10604

The director shall prepare and provide a report concerning	10605
the fund in accordance with section 905.381 of the Revised Code.	10606

Sec. 907.111. (A) The department of agriculture has sole and	10607
exclusive authority to regulate the registration, labeling, sale,	10608
storage, transportation, distribution, notification of use, use,	10609
and planting of seed within the state. The regulation of seed is a	10610
matter of general statewide interest that requires uniform	10611
statewide regulation, and this chapter and rules adopted under it	10612
constitute a comprehensive plan with respect to all aspects of the	10613
regulation of seed within this state.	10614

(B) No political subdivision shall do any of the following:

10615

(1) Regulate the registration, labeling, sale, storage,	10616
transportation, distribution, notification of use, use, or	10617
planting of seed;	10618

(2) Require a person who has been issued a permit or license	10619
under this chapter to obtain a permit or license to operate in a	10620
manner described in this chapter or to satisfy any other condition	10621
except as provided by a statute or rule of this state or of the	10622
United States;	10623

(3) Require a person who has registered a legume innoculant	10624
under this chapter to register that innoculant in a manner	10625
described in this chapter or to satisfy any other condition except	10626
as provided by a statute or rule of this state or of the United	10627
States.	10628

(C) No political subdivision shall enact, adopt, or continue	10629
in effect local legislation relating to the permitting or	10630
licensure of any person who is required to obtain a permit or	10631
license under this chapter or to the registration, labeling, sale,	10632
storage, transportation, distribution, notification of use, use,	10633
or planting of seed.	10634

(D) As used in this section, "political subdivision" and	10635
"local legislation" have the same meanings as in section 905.501	10636
of the Revised Code.	10637

Sec. 907.16. All money collected by the director of	10638
agriculture under sections 907.01 to 907.17 of the Revised Code	10639
shall be deposited into the treasury of the state to the credit of	10640
the commercial feed, fertilizer, seed, and lime inspection and	10641
laboratory fund~~, which is hereby~~ created in ~~the state treasury.~~	10642
~~Money credited to the fund shall be used to administer and enforce~~	10643
~~those sections and rules adopted under them~~section 905.38 of the	10644
Revised Code.	10645

Sec. 911.02. Each person, firm, partnership, or corporation	10646
that owns or operates a bakery shall register each bakery that it	10647
owns or operates with the director of agriculture. For the	10648
registration, the owner or operator of each bakery shall pay an	10649
annual fee of ~~thirty~~sixty dollars for a production capacity of	10650
one thousand pounds of bakery product per hour or less and an	10651
annual fee of ~~thirty~~sixty dollars for each one thousand pounds of	10652
bakery product per hour capacity, or part thereof, in excess of	10653
one thousand pounds of bakery product per hour.	10654

Any person who owns or operates a home bakery with only one	10655
oven, in a stove of ordinary home kitchen design and located in a	10656
home, used for the baking of baked goods to be sold, shall pay a	10657
sum of ~~ten~~twenty dollars annually for registration regardless of	10658
the capacity of the home bakery oven. The registration shall be	10659
renewed annually by the thirtieth day of September and shall be	10660
renewed according to the standard renewal procedure of Chapter	10661
4745. of the Revised Code. The registration of the bakery shall	10662
show the location, including municipal corporation, street, and	10663
number, the name of the owner, and the name of the operator. The	10664
application for registration shall be made on a form prescribed	10665
and provided by the director. All moneys received from	10666
registration fees and fines collected under sections 911.01 to	10667
911.20 of the Revised Code shall be deposited with the treasurer	10668
of state to the credit of the food safety fund created in section	10669
915.24 of the Revised Code. All annual renewal registration fees	10670
required by this section shall be paid by the applicant for the	10671
renewal to the treasurer of state for deposit into the food safety	10672
fund.	10673

No bakery product that is manufactured in an out-of-state	10674
bakery shall be sold or offered for sale within this state unless	10675
the bakery is in compliance with sections 911.01 to 911.20 of the	10676
Revised Code, and is registered, having paid the annual	10677
registration fee.	10678

Registration of out-of-state bakeries is not required if a	10679
reciprocal agreement is in effect whereby a bakery located in this	10680
state is not subject to a license or registration fee by the	10681
receiving state or a political subdivision thereof.	10682

Sec. 913.02. No person, firm, or corporation shall engage in	10683
the business of operating a cannery without obtaining a license	10684
for the operation of each cannery from the director of	10685
agriculture.	10686

In order to obtain a license, an application shall be made on	10687
a form prescribed by the director and shall be accompanied by a	10688
fee of ~~one~~two hundred dollars. The director shall thereupon cause	10689
an investigation to be made. If the applicant is supplied with the	10690
facilities necessary for complying with sections 913.01 to 913.05	10691
of the Revised Code and rules adopted under them, a license shall	10692
be issued and shall be effective until the thirtieth day of June,	10693
and shall become invalid on that date unless renewed. The fee for	10694
each renewal is ~~one~~two hundred dollars. License fees and renewal	10695
fees shall be deposited to the credit of the food safety fund	10696
created in section 915.24 of the Revised Code.	10697

The director may suspend or revoke any license for failure to	10698
comply with sections 913.01 to 913.05 of the Revised Code, or any	10699
rule or order adopted under those sections. In such event, the	10700
cannery immediately shall cease operation.	10701

Sec. 913.23. (A) The director of agriculture may issue	10702
licenses as required by sections 913.22 to 913.28 of the Revised	10703
Code, may make the inspections and registrations required by those	10704
sections, and may prescribe the form of application to be filed	10705
under this section.	10706

(B) No person shall manufacture or bottle for sale within	10707
this state any soft drink in closed containers unless the person	10708
has a license issued by the director. Upon receipt of an	10709
application for such a license, the director shall examine the	10710
products and the place of manufacture where the business is to be	10711
conducted, to determine whether the products and place comply with	10712
sections 913.22 to 913.28 of the Revised Code. Upon finding there	10713
is compliance, and upon payment of a license fee of ~~one~~two	10714
hundred dollars, the director shall issue a license authorizing	10715
the applicant to manufacture or bottle for sale such soft drinks,	10716
subject to sections 913.22 to 913.28 of the Revised Code. The	10717
license shall expire on the last day of March of each year unless	10718
renewed.	10719

(C) No soft drink that is manufactured or bottled out of the	10720
state shall be sold or offered for sale within this state unless	10721
the soft drink and the plant in which the soft drink is	10722
manufactured or bottled are found by the director to comply with	10723
sections 913.22 to 913.28 of the Revised Code, and isare	10724
registered by the director, which shall be upon a like application	10725
as provided in division (B) of this section.	10726

An annual registration fee of ~~one~~two hundred dollars shall	10727
be paid to the director by each applicant under this division. The	10728
registration shall be renewed annually, and the registration fee	10729
paid with the application for annual renewal.	10730

Registration of out-of-state soft drink manufacturers or	10731
bottlers or syrup and extract manufacturers is not required if a	10732
reciprocal agreement is in effect whereby a soft drink	10733
manufacturer or bottler or syrup and extract manufacturer located	10734
in this state is not subject to a license or registration fee by	10735
another state or a political subdivision thereof.	10736

(D) No person, other than a manufacturer or bottler holding a	10737
soft drink plant license under this section, shall sell, offer for	10738
sale, use, or have in the person's possession with intent to sell,	10739
any soda water syrup or extract or soft drink syrup, to be used in	10740
making, drawing, or dispensing soda water or other soft drinks,	10741
without first registering the person's name and address, the name	10742
and address of the manufacturer of the syrup or extract, the	10743
number and variety of such syrups or extracts intended to be sold,	10744
and the trade name or brand of those products, with the director,	10745
together with such samples of the syrups or extracts as the	10746
director requests for analysis. The person also shall pay to the	10747
department of agriculture at the time of making registration a	10748
license fee of ~~fifty~~one hundred dollars. No license shall be	10749
granted by the director unless the director determines that the	10750
syrup or extract is free from all harmful drugs and other	10751
ingredients that, as used, may be injurious to health. The	10752
registration shall be renewed annually upon like terms. If any	10753
manufacturer, bottler, agent, or seller is licensed or has	10754
registered the manufacturer's, bottler's, agent's, or seller's	10755
name and product as required by this section and has paid the	10756
manufacturer's, bottler's, agent's, or seller's fee, the	10757
manufacturer's, bottler's, agent's, or seller's distributor,	10758
retail agent, or retail seller using the products shall not be	10759
required to pay that fee. This section does not apply to local	10760
sellers of soft drinks as to syrups and extracts made by	10761
themselves for their own use exclusively.	10762

(E) All moneys received under sections 913.22 to 913.28 of	10763
the Revised Code shall be deposited with the treasurer of state to	10764
the credit of the food safety fund created in section 915.24 of	10765
the Revised Code.	10766

(F) The director may revoke any license or registration	10767
issued under sections 913.22 to 913.28 of the Revised Code,	10768
whenever the director determines that those sections have been	10769
violated. When a license has been revoked, the licensee shall	10770
discontinue the manufacture and sale of soft drinks or other	10771
products for which the license was issued. When a registration has	10772
been revoked, the registrant shall discontinue the sale within	10773
this state of the registrant's products until those sections have	10774
been complied with and a new license or registration has been	10775
issued. The director may suspend any such license or registration	10776
temporarily, pending compliance with such conditions required by	10777
those sections as the director prescribes.	10778

Sec. 915.02. No person, firm, or corporation shall operate a	10779
cold-storage warehouse, for hire, without a license issued by the	10780
director of agriculture. ~~Such~~A license shall be issued only on	10781
written application stating the location of ~~such~~the warehouse.	10782
Upon receipt of the application the director shall cause an	10783
examination to be made into the sanitary conditions of ~~such~~the	10784
warehouse. If it is found to be in a sanitary condition and	10785
properly equipped for the purpose of cold storage, the director	10786
shall cause a license to be issued authorizing the applicant to	10787
operate a warehouse. No license shall be issued until the	10788
applicant has paid to the director the sum of ~~one~~two hundred	10789
dollars. ~~Such~~A license shall be valid until the last day of March	10790
of each year and becomes invalid on that date unless renewed. A	10791
license shall be required for each separate warehouse building.	10792

Sec. 915.16. The license fee for an establishment is	10793
~~twenty-five~~fifty dollars. Any operator operating in connection	10794
with a cold-storage warehouse holding a license under section	10795
915.02 of the Revised Code is not required to secure an additional	10796
license under section 915.15 of the Revised Code so long as hethe	10797
operator continues to be licensed as a cold-storage warehouse; but	10798
hethe operator shall comply with sections 915.14 to 915.24,	10799
~~inclusive,~~ of the Revised Code, and all rules and regulations	10800
promulgated thereunder. The license issued shall be in such form	10801
as the department of agriculture prescribes. Licenses shall be	10802
valid until the last day of November following initial issuance or	10803
renewal and shall become invalid on that date unless renewed. The	10804
original license or a certified copy thereof shall be	10805
conspicuously displayed by the operator in the establishment.	10806

Sec. 915.24. (A) There is hereby created in the state	10807
treasury the food safety fund. All of the following moneys shall	10808
be credited to the fund:	10809

(1) Bakery registration fees and fines received under	10810
sections 911.02 to 911.20 of the Revised Code;	10811

(2) Cannery license fees and renewal fees received under	10812
sections 913.01 to 913.05 of the Revised Code;	10813

(3) Moneys received under sections 913.22 to 913.28 of the	10814
Revised Code;	10815

(4) License fees, fines, and penalties recovered for the	10816
violation of sections 915.01 to 915.12 of the Revised Code;	10817

(5) License fees collected under sections 915.14 to 915.23 of	10818
the Revised Code;	10819

(6) License fees, other fees, and fines collected by or for	10820
the director of agriculture under Chapter 3717. of the Revised	10821
Code;	10822

(7) Fees collected under section 3715.04 of the Revised Code	10823
for the issuance of certificates of health and freesale.	10824

(B) The director of agriculture shall use the moneys	10825
deposited into the food safety fund to administer and enforce the	10826
laws pursuant to which the moneys were collected.	10827

Sec. 921.02. (A) No person shall distribute a pesticide	10828
within this state unless the pesticide is registered with the	10829
director of agriculture under this chapter. Registrations shall be	10830
issued for a period of time established by rule and shall be	10831
renewed in accordance with deadlines established by rule.	10832
Registration is not required if a pesticide is shipped from one	10833
plant or warehouse to another plant or warehouse operated by the	10834
same person and used solely at that plant or warehouse as a	10835
constituent part to make a pesticide that is registered under this	10836
chapter, or if the pesticide is distributed under the provisions	10837
of an experimental use permit issued under section 921.03 of the	10838
Revised Code or an experimental use permit issued by the United	10839
States environmental protection agency.	10840

(B) The applicant for registration of a pesticide shall file	10841
a statement with the director on a form provided by the director,	10842
which shall include all of the following:	10843

(1) The name and address of the applicant and the name and	10844
address of the person whose name will appear on the label, if	10845
other than the applicant's name;	10846

(2) The brand and product name of the pesticide;

10847

(3) Any necessary information required for completion of the	10848
department of agriculture's application for registration,	10849
including the agency registration number;	10850

(4) A complete copy of the labeling accompanying the	10851
pesticide and a statement of all claims to be made for it,	10852
including the directions for use and the use classification as	10853
provided for in the federal act.	10854

(C) The director, when the director considers it necessary in	10855
the administration of this chapter, may require the submission of	10856
the complete formula of any pesticide including the active and	10857
inert ingredients.	10858

(D) The director may require a full description of the tests	10859
made and the results thereof upon which the claims are based for	10860
any pesticide. The director shall not consider any data submitted	10861
in support of an application, without permission of the applicant,	10862
in support of any other application for registration unless the	10863
other applicant first has offered to pay reasonable compensation	10864
for producing the test data to be relied upon and the data are not	10865
protected from disclosure by section 921.04 of the Revised Code.	10866
In the case of a renewal of registration, a statement shall be	10867
required only with respect to information that is different from	10868
that furnished when the pesticide was registered or last	10869
registered.	10870

(E) The director may require any other information to be	10871
submitted with an application.	10872

Any applicant may designate any portion of the required	10873
registration information as a trade secret or confidential	10874
business information. Upon receipt of any required registration	10875
information designated as a trade secret or confidential business	10876
information, the director shall consider the designated	10877
information as confidential and shall not reveal or cause to be	10878
revealed any such designated information without the consent of	10879
the applicants, except to persons directly involved in the	10880
registration process described in this section or as required by	10881
law.	10882

(F) ~~Each~~Beginning January 1, 2007, each applicant shall pay	10883
a registration and inspection fee ~~established by rule~~of one	10884
hundred fifty dollars for each product name and brand registered	10885
for the company whose name appears on the label. If an applicant	10886
files for a renewal of registration after the deadline established	10887
by rule, the applicant shall pay a penalty fee ~~established by rule~~	10888
of seventy-five dollars for each product name and brand registered	10889
for the applicant. The penalty fee shall be added to the original	10890
fee and paid before the renewal registration is issued. In	10891
addition to any other remedy available under this chapter, if a	10892
pesticide that is not registered pursuant to this section is	10893
distributed within this state, the person required to register the	10894
pesticide shall do so and shall pay a penalty fee ~~established by~~	10895
~~rule~~of seventy-five dollars for each product name and brand	10896
registered for the applicant. The penalty fee shall be added to	10897
the original fee of one hundred fifty dollars and paid before the	10898
registration is issued.	10899

(G) Provided that the state is authorized by the	10900
administrator of the United States environmental protection agency	10901
to register pesticides to meet special local needs, the director	10902
shall require the information set forth under divisions (B), (C),	10903
(D), and (E) of this section and shall register any such pesticide	10904
after determining that all of the following conditions are met:	10905

(1) Its composition is such as to warrant the proposed claims	10906
for it.	10907

(2) Its labeling and other material required to be submitted	10908
comply with the requirements of the federal act and of this	10909
chapter, and rules adopted thereunder.	10910

(3) It will perform its intended function without	10911
unreasonable adverse effects on the environment.	10912

(4) When used in accordance with widespread and commonly	10913
recognized practice, it will not generally cause unreasonable	10914
adverse effects on the environment.	10915

(5) The classification for general or restricted use is in	10916
conformity with the federal act.	10917

The director shall not make any lack of essentiality a	10918
criterion for denying the registration of any pesticide. When two	10919
pesticides meet the requirements of division (G) of this section,	10920
the director shall not register one in preference to the other.	10921

(H)(1) The director may refuse to register a pesticide if the	10922
application for registration fails to comply with this section.	10923

(2) The director may suspend or revoke a pesticide	10924
registration after a hearing in accordance with Chapter 119. of	10925
the Revised Code for a pesticide that fails to meet the claims	10926
made for it on its label.	10927

(3) The director may immediately suspend a pesticide	10928
registration, prior to a hearing, when the director believes that	10929
the pesticide poses an immediate hazard to human or animal health	10930
or a hazard to the environment. Not later than fifteen days after	10931
suspending the registration, the director shall determine whether	10932
the pesticide poses such a hazard. If the director determines that	10933
no hazard exists, the director shall lift the suspension of the	10934
registration. If the director determines that a hazard exists, the	10935
director shall revoke the registration in accordance with Chapter	10936
119. of the Revised Code.	10937

Sec. 921.16. (A) The director of agriculture shall adopt	10938
rules the director determines necessary for the effective	10939
enforcement and administration of this chapter. The rules may	10940
relate to, but are not limited to, the time, place, manner, and	10941
methods of application, materials, and amounts and concentrations	10942
of application of pesticides, may restrict or prohibit the use of	10943
pesticides in designated areas during specified periods of time,	10944
and shall encompass all reasonable factors that the director	10945
determines necessary to minimize or prevent damage to the	10946
environment. In addition, the rules shall establish the ~~fees,~~	10947
deadlines, and time periods for registration, registration	10948
renewal, late registration renewal, and failure to register under	10949
section 921.02 of the Revised Code; the fees for registration,	10950
registration renewal, late registration renewal, and failure to	10951
register under section 921.02 of the Revised Code that shall apply	10952
until the fees that are established under that section take effect	10953
on January 1, 2007; and the fees, deadlines, and time periods for	10954
licensure and license renewal under sections 921.06, 921.09,	10955
921.11, and 921.13 of the Revised Code. ~~The aggregate amount of~~	10956
~~the fees that initially are established by rule after the~~	10957
~~effective date of this amendment shall be designed to cover, but~~	10958
~~not exceed, the costs incurred by the department of agriculture in~~	10959
~~administering this chapter. Thereafter, the fees shall not be~~	10960
~~increased without the approval of the general assembly.~~	10961

(B) The director shall adopt rules that establish a schedule	10962
of civil penalties for violations of this chapter, or any rule or	10963
order adopted or issued under it, provided that the civil penalty	10964
for a first violation shall not exceed five thousand dollars and	10965
the civil penalty for each subsequent violation shall not exceed	10966
ten thousand dollars. In determining the amount of a civil penalty	10967
for a violation, the director shall consider factors relevant to	10968
the severity of the violation, including past violations and the	10969
amount of actual or potential damage to the environment or to	10970
human beings.	10971

(C) The director shall adopt rules that set forth the	10972
conditions under which the director:	10973

(1) Requires that notice or posting be given of a proposed	10974
application of a pesticide;	10975

(2) Requires inspection, condemnation, or repair of equipment	10976
used to apply a pesticide;	10977

(3) Will suspend, revoke, or refuse to issue any pesticide	10978
registration for a violation of this chapter;	10979

(4) Requires safe handling, transportation, storage, display,	10980
distribution, and disposal of pesticides and their containers;	10981

(5) Ensures the protection of the health and safety of	10982
agricultural workers storing, handling, or applying pesticides,	10983
and all residents of agricultural labor camps, as that term is	10984
defined in section 3733.41 of the Revised Code, who are living or	10985
working in the vicinity of pesticide-treated areas;	10986

(6) Requires a record to be kept of all pesticide	10987
applications made by each commercial applicator and by any trained	10988
serviceperson acting under the commercial applicator's direct	10989
supervision and of all restricted use pesticide applications made	10990
by each private applicator and by any immediate family member or	10991
subordinate employee of that private applicator who is acting	10992
under the private applicator's direct supervision as required	10993
under section 921.14 of the Revised Code;	10994

(7) Determines the pesticide-use categories of diagnostic	10995
inspections that must be conducted by a commercial applicator;	10996

(8) Requires a record to be kept of all diagnostic	10997
inspections conducted by each commercial applicator and by any	10998
trained service person.	10999

(D) The director shall prescribe standards for the licensure	11000
of applicators of pesticides consistent with those prescribed by	11001
the federal act and the regulations adopted under it or prescribe	11002
standards that are more restrictive than those prescribed by the	11003
federal act and the regulations adopted under it. The standards	11004
may relate to the use of a pesticide or to an individual's	11005
pesticide-use category.	11006

The director shall take into consideration standards of the	11007
United States environmental protection agency.	11008

(E) The director may adopt rules setting forth the conditions	11009
under which the director will:	11010

(1) Collect and examine samples of pesticides or devices;

11011

(2) Specify classes of devices that shall be subject to this	11012
chapter;	11013

(3) Prescribe other necessary registration information.

11014

(F) The director may adopt rules that do either or both of	11015
the following:	11016

(1) Designate, in addition to those restricted uses so	11017
classified by the administrator of the United States environmental	11018
protection agency, restricted uses of pesticides for the state or	11019
for designated areas within the state and, if the director	11020
considers it necessary, to further restrict such use;	11021

(2) Define what constitutes "acting under the instructions	11022
and control of a commercial applicator" as used in the definition	11023
of "direct supervision" in division (Q)(1) of section 921.01 of	11024
the Revised Code. In adopting a rule under division (F)(2) of this	11025
section, the director shall consider the factors associated with	11026
the use of pesticide in the various pesticide-use categories.	11027
Based on consideration of the factors, the director may define	11028
"acting under the instructions and control of a commercial	11029
applicator" to include communications between a commercial	11030
applicator and a trained serviceperson that are conducted via	11031
landline telephone or a means of wireless communication. Any rules	11032
adopted under division (F)(2) of this section shall be drafted in	11033
consultation with representatives of the pesticide industry.	11034

(G) Except as provided in division (D) of this section, the	11035
director shall not adopt any rule under this chapter that is	11036
inconsistent with the requirements of the federal act and	11037
regulations adopted thereunder.	11038

(H) The director, after notice and opportunity for hearing,	11039
may declare as a pest any form of plant or animal life, other than	11040
human beings and other than bacteria, viruses, and other	11041
microorganisms on or in living human beings or other living	11042
animals, that is injurious to health or the environment.	11043

(I) The director may make reports to the United States	11044
environmental protection agency, in the form and containing the	11045
information the agency may require.	11046

(J) The director shall adopt rules for the application, use,	11047
storage, and disposal of pesticides if, in the director's	11048
judgment, existing programs of the United States environmental	11049
protection agency necessitate such rules or pesticide labels do	11050
not sufficiently address issues or situations identified by the	11051
department of agriculture or interested state agencies.	11052

(K) The director shall adopt rules establishing all of the	11053
following:	11054

(1) Standards, requirements, and procedures for the	11055
examination and re-examination of commercial applicators and	11056
private applicators;	11057

(2) With respect to training programs that the director may	11058
require commercial applicators and private applicators to	11059
complete:	11060

(a) Standards and requirements that a training program must	11061
satisfy in order to be offered by the director or the director's	11062
representative or in order to be approved by the director if a	11063
third party wishes to offer it;	11064

(b) Eligibility standards and requirements that must be	11065
satisfied by third parties who wish to provide the training	11066
programs;	11067

(c) Procedures that third parties must follow in order to	11068
submit a proposed training program to the director for approval;	11069

(d) Criteria that the director must consider when determining	11070
whether to authorize a commercial applicator or private applicator	11071
to participate in a training program instead of being required to	11072
pass a re-examination.	11073

(3) Training requirements for a trained serviceperson.

11074

(L) The director shall adopt all rules under this chapter in	11075
accordance with Chapter 119. of the Revised Code.	11076

Sec. 923.44. (A)(1) Except as otherwise provided in	11077
divisions (A)(2), (3), and (4) of this section, the first	11078
distributor of a commercial feed shall pay the director of	11079
agriculture a semiannual inspection fee at the rate of ~~ten~~	11080
twenty-five cents per ton, with a minimum payment of ~~ten~~	11081
twenty-five dollars, on all commercial feeds distributed by ~~him~~	11082
the first distributor in this state.	11083

(2) The semiannual inspection fee required under division	11084
(A)(1) of this section shall not be paid by the first distributor	11085
of a commercial feed if the distribution is made to an exempt	11086
buyer who shall be responsible for the fee. The director shall	11087
establish an exempt list consisting of those buyers who are	11088
responsible for the fee.	11089

(3) The semiannual inspection fee shall not be paid on a	11090
commercial feed if the fee has been paid by a previous	11091
distributor.	11092

(4) The semiannual inspection fee shall not be paid on	11093
customer-formula feed if the fee has been paid on the commercial	11094
feeds ~~which~~that are used as components in that customer-formula	11095
feed.	11096

(B) Each distributor or exempt buyer who is required to pay a	11097
fee under division (A)(1) or (2) of this section shall file a	11098
semiannual statement with the director that includes the number of	11099
net tons of commercial feed distributed by ~~him~~the distributor or	11100
exempt buyer in this state, within thirty days after the thirtieth	11101
day of June and within thirty days after the thirty-first day of	11102
December, respectively, of each calendar year.	11103

The inspection fee at the rate stated in division (A)(1) of	11104
this section shall accompany the statement. For a tonnage report	11105
that is not filed or payment of inspection fees that is not made	11106
within fifteen days after the due date, a penalty of ten per cent	11107
of the amount due, with a minimum penalty of fifty dollars shall	11108
be assessed against the distributor or exempt buyer. The amount of	11109
fees due, plus penalty, shall constitute a debt and become the	11110
basis of a judgment against the distributor or exempt buyer.	11111

(C) No information furnished under this section shall be	11112
disclosed by an employee of the department of agriculture in such	11113
a way as to divulge the operation of any person required to make	11114
such a report.	11115

Sec. 923.45. The director of agriculture ~~shall~~may publish	11116
~~at least~~ annually in such form as hethe director considers	11117
proper:	11118

(A) Information concerning the sale of commercial feed,	11119
including any production and use data hethe director considers	11120
advisable, provided that the data does not disclose the operation	11121
of any manufacturer or distributor;	11122

(B) A comparison of the analyses of official samples of	11123
commercial feeds distributed in this state with the guaranteed	11124
analyses on the label.	11125

Sec. 923.46. All moneys collected by the director of	11126
agriculture under sections 923.41 to 923.55 of the Revised Code	11127
shall be deposited into the state treasury to the credit of the	11128
commercial feed, fertilizer, seed, and lime inspection and	11129
laboratory fund created in section 905.38 of the Revised Code.	11130
~~Money credited to the fund shall be used only for administering~~	11131
~~and enforcing this chapter and Chapter 905. of the Revised Code~~	11132
~~and rules adopted under them.~~	11133

The director shall prepare and provide a report concerning	11134
the fund in accordance with section 905.381 of the Revised Code.	11135

Sec. 927.69. To effect the purpose of sections 927.51 to	11136
927.74 of the Revised Code, the director of agriculture or the	11137
director's authorized representative may:	11138

(A) Make reasonable inspection of any premises in this state	11139
and any property therein or thereon;	11140

(B) Stop and inspect in a reasonable manner, any means of	11141
conveyance moving within this state upon probable cause to believe	11142
it contains or carries any pest, host, commodity, or other article	11143
that is subject to sections 927.51 to 927.72 of the Revised Code;	11144

(C) Conduct inspections of agricultural products that are	11145
required by other states, the United States department of	11146
agriculture, other federal agencies, or foreign countries to	11147
determine whether the products are infested. If, upon making such	11148
an inspection, the director or the director's authorized	11149
representative determines that an agricultural product is not	11150
infested, the director or the director's authorized representative	11151
may issue a certificate, as required by other states, the United	11152
States department of agriculture, other federal agencies, or	11153
foreign countries, indicating that the product is not infested.	11154

If the director charges fees for any of the certificates,	11155
agreements, or inspections specified in this section, the fees	11156
shall be as follows:	11157

(1) Phyto sanitary certificates, twenty-five dollars;

11158

(2) Compliance agreements, twenty dollars;

11159

(3) Solid wood packing certificates, twenty dollars;

11160

(4) Agricultural products and their conveyances inspections,	11161
~~sixty-five dollars~~an amount equal to the hourly rate of pay in	11162
the highest step in the pay range, including fringe benefits, of a	11163
plant pest control specialist multiplied by the number of hours	11164
worked by such a specialist in conducting an inspection.	11165

The director may adopt rules under section 927.52 of the	11166
Revised Code that define the certificates, agreements, and	11167
inspections.	11168

The fees shall be deposited into the state treasury to the	11169
credit of the pesticide program fund created in Chapter 921. of	11170
the Revised Code. Money credited to the fund shall be used to pay	11171
the costs incurred by the department of agriculture in	11172
administering this chapter, including employing a minimum of two	11173
additional inspectors.	11174

Sec. 1327.511. All money collected under section 1327.50 of	11175
the Revised Code for services rendered by the department of	11176
agriculture in operating the type evaluation program shall be	11177
deposited in the state treasury to the credit of the metrology and	11178
scale certification fund, which is hereby created. Money credited	11179
to the fund shall be used to pay operating costs incurred by the	11180
department in administering the program.	11181

Sec. 1327.62. Whenever the director of agriculture, or ~~his~~	11182
the director's designee, has cause to believe that any person has	11183
violated, or is violating, section 1327.54 or, 1327.61, or 1327.70	11184
of the Revised Code, hethe director, or ~~his~~the director's	11185
designee, may conduct a hearing in accordance with Chapter 119. of	11186
the Revised Code to determine whether a violation has occurred. If	11187
the director or ~~his~~the director's designee determines that the	11188
person has violated or is violating section 1327.54 or, 1327.61,	11189
or 1327.70 of the Revised Code, hethe director or the director's	11190
designee may assess a civil penalty against the person. The person	11191
is liable for a civil penalty of not more than five hundred	11192
dollars for a first violation; for a second violation the person	11193
is liable for a civil penalty of not more than two thousand five	11194
hundred dollars; for each subsequent violation that occurs within	11195
five years after the second violation, the person is liable for a	11196
civil penalty of not more than ten thousand dollars.	11197

Any person assessed a civil penalty under this section shall	11198
pay the amount prescribed to the department of agriculture. The	11199
department shall remit all moneys collected under this section to	11200
the treasurer of state for deposit in the general revenue fund.	11201

Sec. 1327.70. (A) As used in this section:

11202

(1) "Large capacity scale" includes the following:

11203

(a) Vehicle and axle-load scales used by law enforcement	11204
personnel in the enforcement of load limits on highways together	11205
with commercial railway, vehicle, and livestock scales.	11206
Descriptions of these types of scales are included in national	11207
institute of standards and technology handbook 44 or its	11208
supplements and revisions, as referred to in section 1327.49 of	11209
the Revised Code.	11210

(b) Any other scales designated in rules adopted under this	11211
section.	11212

(2) "Large meter" includes the following:

11213

(a) Commercially used petroleum rack meters, petroleum	11214
vehicle tank meters, and liquefied petroleum gas truck mounted	11215
meters. Descriptions of these types of meters are included in	11216
national institute of standards and technology handbook 44 or its	11217
supplements and revisions, as referred to in section 1327.49 of	11218
the Revised Code.	11219

(b) Any other meters designated in rules adopted under this	11220
section.	11221

(B)(1) Except as otherwise provided in division (B)(2) of	11222
this section, no person shall operate a large capacity scale or a	11223
large meter in this state on and after September 1, 2005, unless	11224
the operator holds a valid permit issued by the director of	11225
agriculture or the director's designee for the scale or meter. A	11226
person who wishes to operate a large capacity scale or a large	11227
meter in this state shall file a permit application with the	11228
director on a form that the director prescribes and provides. The	11229
applicant shall include on the application any information	11230
solicited by the form and include with it a fee of two hundred	11231
fifty dollars.	11232

(2) This section does not apply to a large capacity scale or	11233
a large meter that county or municipal inspector personnel	11234
routinely test for conformity with specifications and tolerances	11235
described in section 1327.49 of the Revised Code, provided that	11236
the tests are conducted using testing equipment that conforms to	11237
standards approved by the director and that is possessed by the	11238
county or municipal corporation whose inspector personnel are	11239
conducting the tests.	11240

(C) Upon receipt of a completed permit application and	11241
payment of the required permit fee, the director or the director's	11242
designee shall issue to the applicant a permit to operate the	11243
large capacity scale or large meter that is the subject of the	11244
application. A permit issued under this section expires on the	11245
thirtieth day of June following its issuance and may be renewed	11246
annually on or before the first day of July upon payment of a	11247
renewal fee in the amount of two hundred fifty dollars. A person	11248
seeking a permit renewal whose payment of the renewal fee is	11249
postmarked or otherwise delivered to the director or the	11250
director's designee after the first day of July shall pay a late	11251
fee in an amount that is determined by the director, but that	11252
shall not exceed one hundred twenty-five dollars.	11253

(D) The director or the director's designee may issue a	11254
replacement permit to a permittee whose permit was lost, stolen,	11255
destroyed, or otherwise removed from the permittee's possession	11256
during the period of its validity. To obtain a replacement permit,	11257
a permittee shall pay a fee in an amount that is determined by the	11258
director, but that shall not exceed twenty dollars. The	11259
replacement permit expires on the date on which the permit that it	11260
replaces would have expired.	11261

(E) The director may adopt rules in accordance with Chapter	11262
119. of the Revised Code that designate additional types of scales	11263
and meters to be included in the definitions of "large capacity	11264
scale" and "large meter," respectively, or that provide a more	11265
detailed explanation of terms initially included in those	11266
definitions by statute.	11267

Sec. 1327.71. There is hereby created in the state treasury	11268
the weights and measures permit fund. The director of agriculture	11269
shall deposit permit and renewal fees collected under section	11270
1327.70 of the Revised Code into the state treasury to the credit	11271
of the fund. The director may use money in the fund to pay costs	11272
associated with the programs administered by the department of	11273
agriculture involving weights and measures.	11274

Sec. 1327.99. Whoever violates section 1327.54 or, division	11275
(A), (B), (C), or (D) of section 1327.61, or section 1327.70 of	11276
the Revised Code is guilty of a misdemeanor of the second degree	11277
on a first offense; on each subsequent offense within seven years	11278
after the first offense, ~~such~~the person is guilty of a	11279
misdemeanor of the first degree.	11280

Sec. 1502.02. (A) There is hereby created in the department	11281
of natural resources the division of recycling and litter	11282
prevention to be headed by the chief of recycling and litter	11283
prevention.	11284

(B) There is hereby created in the state treasury the	11285
recycling and litter prevention fund, consisting of moneys	11286
distributed to it from fees, including the fee levied under	11287
division (A)(2) of section 3714.073 of the Revised Code, gifts,	11288
donations, grants, reimbursements, and other sources, including	11289
investment earnings.	11290

(C) The chief of recycling and litter prevention shall do all	11291
of the following:	11292

(1) Use moneys credited to the fund exclusively for the	11293
purposes set forth in sections 1502.03, 1502.04, and 1502.05 of	11294
the Revised Code, with particular emphasis on programs relating to	11295
recycling;	11296

(2) Expend for administration of the division not more than	11297
ten per cent of any fiscal year's appropriation to the division,	11298
excluding the amount assessed to the division for direct and	11299
indirect central support charges;	11300

(3) Require recipients of grants under section 1502.05 of the	11301
Revised Code, as a condition of receiving and retaining them, to	11302
do all of the following:	11303

(a) Create a separate account for the grants and any cash	11304
donations received that qualify for the donor credit allowed by	11305
section 5733.064 of the Revised Code;	11306

(b) Make expenditures from the account exclusively for the	11307
purposes for which the grants were received;	11308

(c) Use any auditing and accounting practices the chief	11309
considers necessary regarding the account;	11310

(d) Report to the chief information regarding the amount and	11311
donor of cash donations received as described by section 5733.064	11312
of the Revised Code;	11313

(e) Use grants received to supplement and not to replace any	11314
existing funding for such purposes.	11315

(4) Report to the tax commissioner information the chief	11316
receives pursuant to division (C)(3)(d) of this section.	11317

Sec. 1509.06. (A) An application for a permit to drill a new	11318
well, drill an existing well deeper, reopen a well, convert a well	11319
to any use other than its original purpose, or plug back a well to	11320
a different source of supply shall be filed with the chief of the	11321
division of mineral resources management upon such form as the	11322
chief prescribes and shall contain each of the following that is	11323
applicable:	11324

~~(A)~~(1) The name and address of the owner and, if a	11325
corporation, the name and address of the statutory agent;	11326

~~(B)~~(2) The signature of the owner or the owner's authorized	11327
agent. When an authorized agent signs an application, it shall be	11328
accompanied by a certified copy of the appointment as such agent.	11329

~~(C)~~(3) The names and addresses of all persons holding the	11330
royalty interest in the tract upon which the well is located or is	11331
to be drilled or within a proposed drilling unit;	11332

~~(D)~~(4) The location of the tract or drilling unit on which	11333
the well is located or is to be drilled identified by section or	11334
lot number, city, village, township, and county;	11335

~~(E)~~(5) Designation of the well by name and number;

11336

~~(F)~~(6) The geological formation to be tested or used and the	11337
proposed total depth of the well;	11338

~~(G)~~(7) The type of drilling equipment to be used;

11339

~~(H)~~(8) If the well is for the injection of a liquid, identity	11340
of the geological formation to be used as the injection zone and	11341
the composition of the liquid to be injected;	11342

~~(I)~~(9) For an application for a permit to drill a new well, a	11343
sworn statement that the applicant has provided notice of the	11344
application to the owner of each occupied dwelling unit that is	11345
located within five hundred feet of the surface location of the	11346
well if the surface location will be less than five hundred feet	11347
from the boundary of the drilling unit and more than fifteen	11348
occupied dwelling units are located less than five hundred feet	11349
from the surface location of the well, excluding any dwelling that	11350
is located on real property all or any portion of which is	11351
included in the drilling unit. The notice shall contain a	11352
statement that an application has been filed with the division of	11353
mineral resources management, identify the name of the applicant	11354
and the proposed well location, include the name and address of	11355
the division, and contain a statement that comments regarding the	11356
application may be sent to the division. The notice may be	11357
provided by hand delivery or regular mail. The identity of the	11358
owners of occupied dwelling units shall be determined using the	11359
tax records of the municipal corporation or county in which the	11360
dwelling unit is located as of the date of the notice.	11361

~~(J)~~(10) A plan for restoration of the land surface disturbed	11362
by drilling operations. The plan shall provide for compliance with	11363
the restoration requirements of division (A) of section 1509.072	11364
of the Revised Code and any rules adopted by the chief pertaining	11365
to that restoration.	11366

~~(K)~~(11) A description by name or number of the county,	11367
township, and municipal corporation roads, streets, and highways	11368
that the applicant anticipates will be used for access to and	11369
egress from the well site;	11370

~~(L)~~(12) Such other relevant information as the chief	11371
prescribes by rule.	11372

Each application shall be accompanied by a map, on a scale	11373
not smaller than four hundred feet to the inch, prepared by an	11374
Ohio registered surveyor, showing the location of the well and	11375
containing such other data as may be prescribed by the chief. If	11376
the well is or is to be located within the excavations and	11377
workings of a mine, the map also shall include the location of the	11378
mine, the name of the mine, and the name of the person operating	11379
the mine.	11380

(B) The chief shall cause a copy of the weekly circular	11381
prepared by the division to be provided to the county engineer of	11382
each county that contains active or proposed drilling activity.	11383
The weekly circular shall contain, in the manner prescribed by the	11384
chief, the names of all applicants for permits, the location of	11385
each well or proposed well, the information required by division	11386
~~(K)~~(A)(11) of this section, and any additional information the	11387
chief prescribes. In addition, the chief promptly shall transfer	11388
an electronic copy or facsimile, or if those methods are not	11389
available to a municipal corporation or township, a copy via	11390
regular mail, of a drilling permit application to the clerk of the	11391
legislative authority of the municipal corporation or to the clerk	11392
of the township in which the well or proposed well is or is to be	11393
located if the legislative authority of the municipal corporation	11394
or the board of township trustees has asked to receive copies of	11395
such applications and the appropriate clerk has provided the chief	11396
an accurate, current electronic mailing address or facsimile	11397
number, as applicable.	11398

(C) The chief shall not issue a permit for at least ten days	11399
after the date of filing of the application for the permit unless,	11400
upon reasonable cause shown, the chief waives that period or a	11401
request for expedited review is filed under this section. However,	11402
the chief shall issue a permit within twenty-one days of the	11403
filing of the application unless the chief denies the application	11404
by order.	11405

(D) An applicant may file a request with the chief for	11406
expedited review of a permit application if the well is not or is	11407
not to be located in a gas storage reservoir or reservoir	11408
protective area, as "reservoir protective area" is defined in	11409
section 1571.01 of the Revised Code. If the well is or is to be	11410
located in a coal bearing township, the application shall be	11411
accompanied by the affidavit of the landowner prescribed in	11412
section 1509.08 of the Revised Code.	11413

In addition to a complete application for a permit that meets	11414
the requirements of this section and the permit fee prescribed by	11415
this section, a request for expedited review shall be accompanied	11416
by a separate nonrefundable filing fee of five hundred dollars.	11417
Upon the filing of a request for expedited review, the chief shall	11418
cause the county engineer of the county in which the well is or is	11419
to be located to be notified of the filing of the permit	11420
application and the request for expedited review by telephone or	11421
other means that in the judgment of the chief will provide timely	11422
notice of the application and request. The chief shall issue a	11423
permit within seven days of the filing of the request unless the	11424
chief denies the application by order. Notwithstanding the	11425
provisions of this section governing expedited review of permit	11426
applications, the chief may refuse to accept requests for	11427
expedited review if, in the chief's judgment, the acceptance of	11428
the requests would prevent the issuance, within twenty-one days of	11429
their filing, of permits for which applications are pending.	11430

(E) A well shall be drilled and operated in accordance with	11431
the plans, sworn statements, and other information submitted in	11432
the approved application.	11433

(F) The chief shall issue an order denying a permit if the	11434
chief finds that there is a substantial risk that the operation	11435
will result in violations of this chapter or rules adopted under	11436
it that will present an imminent danger to public health or safety	11437
or damage to the environment, provided that where the chief finds	11438
that terms or conditions to the permit can reasonably be expected	11439
to prevent such violations, the chief shall issue the permit	11440
subject to those terms or conditions, including, if applicable,	11441
terms and conditions regarding subjects identified in rules	11442
adopted under section 1509.03 of the Revised Code.	11443

(G) Each application for a permit required by section 1509.05	11444
of the Revised Code, except an application for a well drilled or	11445
reopened for purposes of section 1509.22 of the Revised Code, also	11446
shall be accompanied by a nonrefundable fee ~~of two~~as follows:	11447

(1) Two hundred fifty dollars for a permit to conduct	11448
activities in a township with a population of fewer than five	11449
thousand;	11450

(2) Five hundred dollars for a permit to conduct activities	11451
in a township with a population of five thousand or more, but	11452
fewer than ten thousand;	11453

(3) Seven hundred fifty dollars for a permit to conduct	11454
activities in a township with a population of ten thousand or	11455
more, but fewer than fifteen thousand;	11456

(4) One thousand dollars for a permit to conduct activities	11457
in either of the following:	11458

(a) A township with a population of fifteen thousand or more;

11459

(b) A municipal corporation regardless of population.

11460

For purposes of calculating fee amounts, populations shall be	11461
determined using the most recent federal decennial census.	11462

Each application for the revision or reissuance of a permit	11463
shall be accompanied by a nonrefundable fee of two hundred fifty	11464
dollars.	11465

(H) The chief may order the immediate suspension of drilling,	11466
operating, or plugging activities after finding that any person is	11467
causing, engaging in, or maintaining a condition or activity that	11468
in the chief's judgment presents an imminent danger to public	11469
health or safety or results in or is likely to result in immediate	11470
substantial damage to natural resources or for nonpayment of ~~the~~a	11471
fee required by this section. The chief may order the immediate	11472
suspension of the drilling or reopening of a well in a coal	11473
bearing township after determining that the drilling or reopening	11474
activities present an imminent and substantial threat to public	11475
health or safety or to miners' health or safety. Before issuing	11476
any such order, the chief shall notify the owner in such manner as	11477
in the chief's judgment would provide reasonable notification that	11478
the chief intends to issue a suspension order. The chief may issue	11479
such an order without prior notification if reasonable attempts to	11480
notify the owner have failed, but in such an event notification	11481
shall be given as soon thereafter as practical. Within five	11482
calendar days after the issuance of the order, the chief shall	11483
provide the owner an opportunity to be heard and to present	11484
evidence that the condition or activity is not likely to result in	11485
immediate substantial damage to natural resources or does not	11486
present an imminent danger to public health or safety or to	11487
miners' health or safety, if applicable. In the case of activities	11488
in a coal bearing township, if the chief, after considering	11489
evidence presented by the owner, determines that the activities do	11490
not present such a threat, the chief shall revoke the suspension	11491
order. Notwithstanding any provision of this chapter, the owner	11492
may appeal a suspension order directly to the court of common	11493
pleas of the county in which the activity is located or, if in a	11494
coal bearing township, to the reclamation commission under section	11495
1513.13 of the Revised Code.	11496

Sec. 1509.072. No oil or gas well owner or agent of an oil	11497
or gas well owner shall fail to restore the land surface within	11498
the area disturbed in siting, drilling, completing, and producing	11499
the well as required in this section.	11500

(A) Within five months after the date upon which the surface	11501
drilling of a well is commenced, the owner or the owner's agent,	11502
in accordance with the restoration plan filed under division	11503
~~(J)~~(A)(10) of section 1509.06 of the Revised Code, shall fill all	11504
the pits for containing brine, other waste substances resulting,	11505
obtained, or produced in connection with exploration or drilling	11506
for, or production of, oil or gas, or oil that are not required by	11507
other state or federal law or regulation, and remove all concrete	11508
bases, drilling supplies, and drilling equipment. Within nine	11509
months after the date upon which the surface drilling of a well is	11510
commenced, the owner or the owner's agent shall grade or terrace	11511
and plant, seed, or sod the area disturbed that is not required in	11512
production of the well where necessary to bind the soil and	11513
prevent substantial erosion and sedimentation. If the chief of the	11514
division of mineral resources management finds that a pit used for	11515
containing brine, other waste substances, or oil is in violation	11516
of section 1509.22 of the Revised Code or rules adopted or orders	11517
issued under it, the chief may require the pit to be emptied and	11518
closed before expiration of the five-month restoration period.	11519

(B) Within six months after a well that has produced oil or	11520
gas is plugged, or after the plugging of a dry hole, the owner or	11521
the owner's agent shall remove all production and storage	11522
structures, supplies, and equipment, and any oil, salt water, and	11523
debris, and fill any remaining excavations. Within that period the	11524
owner or the owner's agent shall grade or terrace and plant, seed,	11525
or sod the area disturbed where necessary to bind the soil and	11526
prevent substantial erosion and sedimentation.	11527

The owner shall be released from responsibility to perform	11528
any or all restoration requirements of this section on any part or	11529
all of the area disturbed upon the filing of a request for a	11530
waiver with and obtaining the written approval of the chief, which	11531
request shall be signed by the surface owner to certify the	11532
approval of the surface owner of the release sought. The chief	11533
shall approve the request unless the chief finds upon inspection	11534
that the waiver would be likely to result in substantial damage to	11535
adjoining property, substantial contamination of surface or	11536
underground water, or substantial erosion or sedimentation.	11537

The chief, by order, may shorten the time periods provided	11538
for under division (A) or (B) of this section if failure to	11539
shorten the periods would be likely to result in damage to public	11540
health or the waters or natural resources of the state.	11541

The chief, upon written application by an owner or an owner's	11542
agent showing reasonable cause, may extend the period within which	11543
restoration shall be completed under divisions (A) and (B) of this	11544
section, but not to exceed a further six-month period, except	11545
under extraordinarily adverse weather conditions or when essential	11546
equipment, fuel, or labor is unavailable to the owner or the	11547
owner's agent.	11548

If the chief refuses to approve a request for waiver or	11549
extension, the chief shall do so by order.	11550

Sec. 1509.31. Whenever the entire interest of an oil and gas	11551
lease is assigned or otherwise transferred, the assignor or	11552
transferor shall notify the holders of the royalty interests, and,	11553
if a well or wells exist on the lease, the division of mineral	11554
resources management, of the name and address of the assignee or	11555
transferee by certified mail, return receipt requested, not later	11556
than thirty days after the date of the assignment or transfer.	11557
When notice of any such assignment or transfer is required to be	11558
provided to the division, it shall be provided on a form	11559
prescribed and provided by the division and verified by both the	11560
assignor or transferor and by the assignee or transferee. The	11561
notice form applicable to assignments or transfers of a well to	11562
the owner of the surface estate of the tract on which the well is	11563
located shall contain a statement informing the landowner that the	11564
well may require periodic servicing to maintain its productivity;	11565
that, upon assignment or transfer of the well to the landowner,	11566
the landowner becomes responsible for compliance with the	11567
requirements of this chapter and rules adopted under it,	11568
including, without limitation, the proper disposal of brine	11569
obtained from the well, the plugging of the well when it becomes	11570
incapable of producing oil or gas, and the restoration of the well	11571
site; and that, upon assignment or transfer of the well to the	11572
landowner, the landowner becomes responsible for the costs of	11573
compliance with the requirements of this chapter and rules adopted	11574
under it and the costs for operating and servicing the well.	11575

The owner holding a permit under section 1509.05 of the	11576
Revised Code is responsible for all obligations and liabilities	11577
imposed by this chapter and any rules, orders, and terms and	11578
conditions of a permit adopted or issued under it, and no	11579
assignment or transfer by the owner relieves the owner of the	11580
obligations and liabilities until and unless the assignee or	11581
transferee files with the division the information described in	11582
divisions (A)(1), ~~(B)~~(2), ~~(C)~~(3), ~~(D)~~(4), ~~(E)~~(5), ~~(J)~~(10),	11583
~~(K)~~(11), and ~~(L)~~(12) of section 1509.06 of the Revised Code;	11584
obtains liability insurance coverage required by section 1509.07	11585
of the Revised Code, except when none is required by that section;	11586
and executes and files a surety bond, negotiable certificates of	11587
deposit or irrevocable letters of credit, or cash, as described in	11588
that section. Instead of a bond, but only upon acceptance by the	11589
chief of the division of mineral resources management, the	11590
assignee or transferee may file proof of financial responsibility,	11591
described in section 1509.07 of the Revised Code. Section 1509.071	11592
of the Revised Code applies to the surety bond, cash, and	11593
negotiable certificates of deposit and irrevocable letters of	11594
credit described in this section. Unless the chief approves a	11595
modification, each assignee or transferee shall operate in	11596
accordance with the plans and information filed by the permit	11597
holder pursuant to section 1509.06 of the Revised Code.	11598

Sec. 1515.14. Within the limits of funds appropriated to the	11599
department of natural resources and the soil and water	11600
conservation district assistance fund created in this section,	11601
there shall be paid in each calendar year to each local soil and	11602
water conservation district an amount not to exceed one dollar for	11603
each one dollar received in accordance with section 1515.10 of the	11604
Revised Code, received from tax levies in excess of the ten-mill	11605
levy limitation approved for the benefit of local soil and water	11606
conservation districts, or received from an appropriation by a	11607
municipal corporation or a township to a maximum of eight thousand	11608
dollars, provided that the Ohio soil and water conservation	11609
commission may approve payment to a district in an amount in	11610
excess of eight thousand dollars in any calendar year upon receipt	11611
of a request and justification from the district. The county	11612
auditor shall credit such payments to the special fund established	11613
pursuant to section 1515.10 of the Revised Code for the local soil	11614
and water conservation district. The department may make advances	11615
at least quarterly to each district on the basis of the estimated	11616
contribution of the state to each district. Moneys received by	11617
each district shall be expended for the purposes of the district.	11618

For the purpose of providing money to soil and water	11619
conservation districts under this section, there is hereby created	11620
in the state treasury the soil and water conservation district	11621
assistance fund consisting of money credited to it under section	11622
3714.073 of the Revised Code.	11623

Sec. 1517.02. There is hereby created in the department of	11624
natural resources the division of natural areas and preserves,	11625
which shall be administered by the chief of natural areas and	11626
preserves. The chief shall take an oath of office and shall file	11627
in the office of the secretary of state a bond signed by the chief	11628
and by a surety approved by the governor for a sum fixed pursuant	11629
to section 121.11 of the Revised Code.	11630

The chief shall administer a system of nature preserves and	11631
wild, scenic, and recreational river areas. The chief shall	11632
establish a system of nature preserves through acquisition and	11633
dedication of natural areas of state or national significance,	11634
which shall include, but not be limited to, areas ~~which~~that	11635
represent characteristic examples of Ohio's natural landscape	11636
types and its natural vegetation and geological history. The chief	11637
shall encourage landowners to dedicate areas of unusual	11638
significance as nature preserves, and shall establish and maintain	11639
a registry of natural areas of unusual significance.	11640

The chief may supervise, operate, protect, and maintain wild,	11641
scenic, and recreational river areas, as designated by the	11642
director of natural resources. The chief may cooperate with	11643
federal agencies administering any federal program concerning	11644
wild, scenic, or recreational river areas.	11645

~~The chief may, with the approval of the director, enter into~~	11646
~~an agreement with the United States department of commerce under~~	11647
~~the "Coastal Zone Management Act of 1972," 86 Stat. 1280, 16~~	11648
~~U.S.C.A. 1451, as amended, for the purpose of receiving grants to~~	11649
~~continue the management, operation, research, and programming at~~	11650
~~old woman creek national estuarine research reserve.~~	11651

The chief shall do the following:

11652

(A) Formulate policies and plans for the acquisition, use,	11653
management, and protection of nature preserves;	11654

(B) Formulate policies for the selection of areas suitable	11655
for registration;	11656

(C) Formulate policies for the dedication of areas as nature	11657
preserves;	11658

(D) Prepare and maintain surveys and inventories of natural	11659
areas and habitats of rare and endangered species of plants and	11660
animals;	11661

(E) Adopt rules for the use, visitation, and protection of	11662
nature preserves, "natural areas owned or managed through	11663
easement, license, or lease by the department and administered by	11664
the division," and lands owned "or managed through easement,	11665
license, or lease" by the department and administered by the	11666
division ~~which~~that are within or adjacent to any wild, scenic, or	11667
recreational river area, in accordance with Chapter 119. of the	11668
Revised Code;	11669

(F) Provide facilities and improvements within the state	11670
system of nature preserves that are necessary for their	11671
visitation, use, restoration, and protection and do not impair	11672
their natural character;	11673

(G) Provide interpretive programs and publish and disseminate	11674
information pertaining to nature preserves and natural areas for	11675
their visitation and use;	11676

(H) Conduct and grant permits to qualified persons for the	11677
conduct of scientific research and investigations within nature	11678
preserves;	11679

(I) Establish an appropriate system for marking nature	11680
preserves;	11681

(J) Publish and submit to the governor and the general	11682
assembly a biennial report of the status and condition of each	11683
nature preserve, activities conducted within each preserve, and	11684
plans and recommendations for natural area preservation.	11685

Sec. 1521.062. (A) All dams, dikes, and levees constructed	11686
in this state and not exempted by this section or by the chief of	11687
the division of water under section 1521.06 of the Revised Code	11688
shall be inspected periodically by the chief to, except for	11689
classes of dams that, in accordance with rules adopted under this	11690
section, are required to be inspected by registered professional	11691
engineers who have been approved for that purpose by the chief.	11692
The inspection shall ensure that continued operation and use of	11693
the dam, dike, or levee does not constitute a hazard to life,	11694
health, or property. Periodic inspections shall not be required of	11695
the following structures:	11696

(1) A dam that is less than ten feet in height and has a	11697
storage capacity of not more than fifty acre-feet at the elevation	11698
of the top of the dam, as determined by the chief. For the	11699
purposes of this section, the height of a dam shall be measured	11700
from the natural stream bed or lowest ground elevation at the	11701
downstream or outside limit of the dam to the elevation of the top	11702
of the dam.	11703

(2) A dam, regardless of height, that has a storage capacity	11704
of not more than fifteen acre-feet at the elevation of the top of	11705
the dam, as determined by the chief;	11706

(3) A dam, regardless of storage capacity, that is six feet	11707
or less in height, as determined by the chief;	11708

(4) A dam, dike, or levee belonging to a class exempted by	11709
the chief;	11710

(5) A dam, dike, or levee that has been exempted in	11711
accordance with rules adopted under section 1521.064 of the	11712
Revised Code.	11713

(B) In accordance with rules adopted under this section, the	11714
owner of a dam that is in a class of dams that is designated in	11715
the rules for inspection by registered professional engineers	11716
shall obtain the services of a registered professional engineer	11717
who has been approved by the chief to conduct the periodic	11718
inspection of dams pursuant to schedules and other standards and	11719
procedures established in the rules. The registered professional	11720
engineer shall prepare a report of the inspection in accordance	11721
with the rules and provide the inspection report to the dam owner	11722
who shall submit it to the chief. A dam that is designated under	11723
the rules for inspection by a registered professional engineer but	11724
that is not inspected within a five-year period may be inspected	11725
by the chief at the owner's expense.	11726

(C) Intervals between periodic inspections shall be	11727
determined by the chief, but shall not exceed five years. ~~The~~	11728
~~chief may use inspection reports prepared for the owner of the~~	11729
~~dam, dike, or levee by a registered professional engineer.~~	11730

~~(C) The owner~~(D) In the case of a dam, dike, or levee that	11731
the chief inspects, the chief shall ~~be furnished~~furnish a report	11732
of ~~each~~the inspection ~~and~~to the owner of the dam, dike, or	11733
levee. With regard to a dam, dike, or levee that has been	11734
inspected, either by the chief or by a registered professional	11735
engineer, and that is the subject of an inspection report prepared	11736
or received by the chief, the chief shall ~~be informed of~~inform	11737
the owner of any required repairs, maintenance, investigations,	11738
and other remedial and operational measures ~~by the chief~~. The	11739
chief shall order the owner to perform such repairs, maintenance,	11740
investigations, or other remedial or operational measures as he	11741
the chief considers necessary to safeguard life, health, or	11742
property. The order shall permit the owner a reasonable time in	11743
which to perform the needed repairs, maintenance, investigations,	11744
or other remedial measures, and the cost thereof shall be borne by	11745
the owner. All orders of the chief are subject to appeal as	11746
provided in Chapter 119. of the Revised Code. The attorney	11747
general, upon written request of the chief, may bring an action	11748
for an injunction against any person who violates this section or	11749
to enforce an order of the chief made pursuant to this section.	11750

~~(D)~~(E) The owner of a dam, dike, or levee shall monitor,	11751
maintain, and operate the structure and its appurtenances safely	11752
in accordance with state rules, terms and conditions of permits,	11753
orders, and other requirements issued pursuant to this section or	11754
section 1521.06 of the Revised Code. The owner shall fully and	11755
promptly notify the division of water and other responsible	11756
authorities of any condition ~~which~~that threatens the safety of	11757
the structure and shall take all necessary actions to safeguard	11758
life, health, and property.	11759

~~(E)~~(F) Before commencing the repair, improvement, alteration,	11760
or removal of a dam, dike, or levee, the owner shall file an	11761
application including plans, specifications, and other required	11762
information with the division and shall secure written approval of	11763
the application by the chief. Emergency actions by the owner	11764
required to safeguard life, health, or property are exempt from	11765
this requirement. The chief may, by rule, define maintenance,	11766
repairs, or other remedial measures of a routine nature ~~which~~that	11767
are exempt from this requirement.	11768

~~(F)~~(G) The chief may remove or correct, at the expense of the	11769
owner, any unsafe structures found to be constructed or maintained	11770
in violation of this section or section 1521.06 of the Revised	11771
Code. In the case of an owner other than a governmental agency,	11772
the cost of removal or correction of any unsafe structure,	11773
together with a description of the property on which the unsafe	11774
structure is located, shall be certified by the chief to the	11775
county auditor and placed by the county auditor upon the tax	11776
duplicate. This cost is a lien upon the lands from the date of	11777
entry and shall be collected as other taxes and returned to the	11778
division. In the case of an owner that is a governmental agency,	11779
the cost of removal or correction of any unsafe structure shall be	11780
recoverable from the owner by appropriate action in a court of	11781
competent jurisdiction.	11782

~~(G)~~(H) If the condition of any dam, dike, or levee is found,	11783
in the judgment of the chief, to be so dangerous to the safety of	11784
life, health, or property as not to permit time for the issuance	11785
and enforcement of an order relative to repair, maintenance, or	11786
operation, the chief shall employ any of the following remedial	11787
means necessary to protect life, health, and property:	11788

(1) Lower the water level of the lake or reservoir by	11789
releasing water;	11790

(2) Completely drain the lake or reservoir;

11791

(3) Take such other measures or actions as hethe chief	11792
considers necessary to safeguard life, health, and property.	11793

The chief shall continue in full charge and control of the	11794
dam, dike, or levee until the structure is rendered safe. The cost	11795
of the remedy shall be recoverable from the owner of the structure	11796
by appropriate action in a court of competent jurisdiction.	11797

~~(H)~~(I) The chief may accept and expend gifts, bequests, and	11798
grants from the United States government or from any other public	11799
or private source and may contract with the United States	11800
government or any other agency or entity for the purpose of	11801
carrying out the dam safety functions set forth in this section	11802
and section 1521.06 of the Revised Code.	11803

(J) In accordance with Chapter 119. of the Revised Code, the	11804
chief shall adopt, and may amend or rescind, rules that do all of	11805
the following:	11806

(1) Designate classes of dams for which dam owners must	11807
obtain the services of a registered professional engineer to	11808
periodically inspect the dams and to prepare reports of the	11809
inspections for submittal to the chief;	11810

(2) Establish standards in accordance with which the chief	11811
must approve or disapprove registered professional engineers to	11812
inspect dams together with procedures governing the approval	11813
process;	11814

(3) Establish schedules, standards, and procedures governing	11815
periodic inspections and standards and procedures governing the	11816
preparation and submittal of inspection reports;	11817

(4) Establish provisions regarding the enforcement of this	11818
section and rules adopted under it.	11819

Sec. 1531.27. The chief of the division of wildlife shall	11820
pay to the treasurers of the several counties wherein lands owned	11821
by the state and administered by the division are ~~situate~~located	11822
an annual amount determined in the following manner: in each such	11823
county one per cent of the total value of such lands exclusive of	11824
improvements, as shown on the auditor's records of taxable value	11825
of real property existing at the time when the state acquired the	11826
tract or tracts comprising ~~such~~the lands.	11827

~~Such~~The payments shall be made from funds accruing to the	11828
division ~~of wildlife~~ from the sale of hunting or fishing licenses	11829
and ~~federal wildlife restoration funds, and the~~from fines,	11830
penalties, and forfeitures deposited into the state treasury to	11831
the credit of the wildlife fund created in section 1531.17 of the	11832
Revised Code. The allocation of amounts to be paid from ~~such~~those	11833
sources shall be determined by the director of natural resources.	11834

~~Such~~The payments to the treasurers of the several counties	11835
shall be credited to the fund for school purposes within the	11836
school districts wherein ~~such~~the lands are ~~situate~~located.	11837

Sec. 1533.10. Except as provided in this section or division	11838
(A)(2) of section 1533.12 of the Revised Code, no person shall	11839
hunt any wild bird or wild quadruped without a hunting license.	11840
Each day that any person hunts within the state without procuring	11841
such a license constitutes a separate offense. Except as otherwise	11842
provided in this section, every applicant for a hunting license	11843
who is a resident of the state and ~~sixteen~~eighteen years of age	11844
or more shall procure a resident hunting license, the fee for	11845
which shall be eighteen dollars, unless the rules adopted under	11846
division (B) of section 1533.12 of the Revised Code provide for	11847
issuance of a resident hunting license to the applicant free of	11848
charge. Except as provided in rules adopted under division (B)(2)	11849
of that section, each applicant who is a resident of this state	11850
and who at the time of application is sixty-six years of age or	11851
older shall procure a special senior hunting license, the fee for	11852
which shall be one-half of the regular hunting license fee. Every	11853
applicant who is under the age of ~~sixteen~~eighteen years shall	11854
procure a special youth hunting license, the fee for which shall	11855
be one-half of the regular hunting license fee. The owner of lands	11856
in the state and the owner's children of any age and grandchildren	11857
under eighteen years of age may hunt on the lands without a	11858
hunting license. The tenant and children of the tenant, residing	11859
on lands in the state, may hunt on them without a hunting license.	11860
~~Every~~Except as otherwise provided in division (A)(1) of section	11861
1533.12 of the Revised Code, every applicant for a hunting license	11862
who is a nonresident of the state and who is ~~sixteen~~eighteen	11863
years of age or older shall procure a nonresident hunting license,	11864
the fee for which shall be one hundred twenty-four dollars, unless	11865
the applicant is a resident of a state that is a party to an	11866
agreement under section 1533.91 of the Revised Code, in which case	11867
the fee shall be eighteen dollars.	11868

The chief of the division of wildlife may issue a small game	11869
hunting license expiring three days from the effective date of the	11870
license to a nonresident of the state, the fee for which shall be	11871
thirty-nine dollars. No person shall take or possess deer, wild	11872
turkeys, fur-bearing animals, ducks, geese, brant, or any nongame	11873
animal while possessing only a small game hunting license. A small	11874
game hunting license does not authorize the taking or possessing	11875
of ducks, geese, or brant without having obtained, in addition to	11876
the small game hunting license, a wetlands habitat stamp as	11877
provided in section 1533.112 of the Revised Code. A small game	11878
hunting license does not authorize the taking or possessing of	11879
deer, wild turkeys, or fur-bearing animals. A nonresident of the	11880
state who wishes to take or possess deer, wild turkeys, or	11881
fur-bearing animals in this state shall procure, respectively, a	11882
special deer or wild turkey permit as provided in section 1533.11	11883
of the Revised Code or a fur taker permit as provided in section	11884
1533.111 of the Revised Code in addition to a nonresident hunting	11885
license or a special youth hunting license, as applicable, as	11886
provided in this section.	11887

No person shall procure or attempt to procure a hunting	11888
license by fraud, deceit, misrepresentation, or any false	11889
statement.	11890

This section does not authorize the taking and possessing of	11891
deer or wild turkeys without first having obtained, in addition to	11892
the hunting license required by this section, a special deer or	11893
wild turkey permit as provided in section 1533.11 of the Revised	11894
Code or the taking and possessing of ducks, geese, or brant	11895
without first having obtained, in addition to the hunting license	11896
required by this section, a wetlands habitat stamp as provided in	11897
section 1533.112 of the Revised Code.	11898

This section does not authorize the hunting or trapping of	11899
fur-bearing animals without first having obtained, in addition to	11900
a hunting license required by this section, a fur taker permit as	11901
provided in section 1533.111 of the Revised Code.	11902

No hunting license shall be issued unless it is accompanied	11903
by a written explanation of the law in section 1533.17 of the	11904
Revised Code and the penalty for its violation, including a	11905
description of terms of imprisonment and fines that may be	11906
imposed.	11907

No hunting license shall be issued unless the applicant	11908
presents to the agent authorized to issue the license a previously	11909
held hunting license or evidence of having held such a license in	11910
content and manner approved by the chief, a certificate of	11911
completion issued upon completion of a hunter education and	11912
conservation course approved by the chief, or evidence of	11913
equivalent training in content and manner approved by the chief.	11914

No person shall issue a hunting license to any person who	11915
fails to present the evidence required by this section. No person	11916
shall purchase or obtain a hunting license without presenting to	11917
the issuing agent the evidence required by this section. Issuance	11918
of a hunting license in violation of the requirements of this	11919
section is an offense by both the purchaser of the illegally	11920
obtained hunting license and the clerk or agent who issued the	11921
hunting license. Any hunting license issued in violation of this	11922
section is void.	11923

The chief, with approval of the wildlife council, shall adopt	11924
rules prescribing a hunter education and conservation course for	11925
first-time hunting license buyers and for volunteer instructors.	11926
The course shall consist of subjects including, but not limited	11927
to, hunter safety and health, use of hunting implements, hunting	11928
tradition and ethics, the hunter and conservation, the law in	11929
section 1533.17 of the Revised Code along with the penalty for its	11930
violation, including a description of terms of imprisonment and	11931
fines that may be imposed, and other law relating to hunting.	11932
Authorized personnel of the division or volunteer instructors	11933
approved by the chief shall conduct such courses with such	11934
frequency and at such locations throughout the state as to	11935
reasonably meet the needs of license applicants. The chief shall	11936
issue a certificate of completion to each person who successfully	11937
completes the course and passes an examination prescribed by the	11938
chief.	11939

Sec. 1533.11. (A) Except as provided in this section, no	11940
person shall hunt deer on lands of another without first obtaining	11941
an annual special deer permit. Except as provided in this section,	11942
no person shall hunt wild turkeys on lands of another without	11943
first obtaining an annual special wild turkey permit. Each	11944
applicant for a special deer or wild turkey permit shall pay an	11945
annual fee of twenty-three dollars for each permit unless the	11946
rules adopted under division (B) of section 1533.12 of the Revised	11947
Code provide for issuance of a deer or wild turkey permit to the	11948
applicant free of charge. Except as provided in rules adopted	11949
under division (B)(2) of that section, each applicant who is a	11950
resident of this state and who at the time of application is	11951
sixty-six years of age or older shall procure a special senior	11952
deer or wild turkey permit, the fee for which shall be one-half of	11953
the regular special deer or wild turkey permit fee. Each applicant	11954
who is under the age of ~~sixteen~~eighteen years shall procure a	11955
special youth deer or wild turkey permit, the fee for which shall	11956
be one-half of the regular special deer or wild turkey permit fee.	11957
Except as provided in division (A)(2) of section 1533.12 of the	11958
Revised Code, a deer or wild turkey permit shall run concurrently	11959
with the hunting license. The money received shall be paid into	11960
the state treasury to the credit of the wildlife fund, created in	11961
section 1531.17 of the Revised Code, exclusively for the use of	11962
the division of wildlife in the acquisition and development of	11963
land for deer or wild turkey management, for investigating deer or	11964
wild turkey problems, and for the stocking, management, and	11965
protection of deer or wild turkey. Every person, while hunting	11966
deer or wild turkey on lands of another, shall carry the person's	11967
special deer or wild turkey permit and exhibit it to any	11968
enforcement officer so requesting. Failure to so carry and exhibit	11969
such a permit constitutes an offense under this section. The chief	11970
of the division of wildlife shall adopt any additional rules the	11971
chief considers necessary to carry out this section and section	11972
1533.10 of the Revised Code.	11973

The owner and the children of the owner of lands in this	11974
state may hunt deer or wild turkey thereon without a special deer	11975
or wild turkey permit. The tenant and children of the tenant may	11976
hunt deer or wild turkey on lands where they reside without a	11977
special deer or wild turkey permit.	11978

(B) A special deer or wild turkey permit is not transferable.	11979
No person shall carry a special deer or wild turkey permit issued	11980
in the name of another person.	11981

(C) The wildlife refunds fund is hereby created in the state	11982
treasury. The fund shall consist of money received from	11983
application fees for special deer permits that are not issued.	11984
Money in the fund shall be used to make refunds of such	11985
application fees.	11986

Sec. 1533.111. Except as provided in this section or	11987
division (A)(2) of section 1533.12 of the Revised Code, no person	11988
shall hunt or trap fur-bearing animals on land of another without	11989
first obtaining an annual fur taker permit. Each applicant for a	11990
fur taker permit shall pay an annual fee of fourteen dollars for	11991
the permit, except as otherwise provided in this section or unless	11992
the rules adopted under division (B) of section 1533.12 of the	11993
Revised Code provide for issuance of a fur taker permit to the	11994
applicant free of charge. Except as provided in rules adopted	11995
under division (B)(2) of that section, each applicant who is a	11996
resident of this state and who at the time of application is	11997
sixty-six years of age or older shall procure a special senior fur	11998
taker permit, the fee for which shall be one-half of the regular	11999
fur taker permit fee. Each applicant ~~who is a resident of the~~	12000
~~state and~~ under the age of ~~sixteen~~eighteen years shall procure a	12001
special youth fur taker permit, the fee for which shall be	12002
one-half of the regular fur taker permit fee. The fur taker permit	12003
shall run concurrently with the hunting license. The money	12004
received shall be paid into the state treasury to the credit of	12005
the fund established in section 1533.15 of the Revised Code.	12006

No fur taker permit shall be issued unless it is accompanied	12007
by a written explanation of the law in section 1533.17 of the	12008
Revised Code and the penalty for its violation, including a	12009
description of terms of imprisonment and fines that may be	12010
imposed.	12011

No fur taker permit shall be issued unless the applicant	12012
presents to the agent authorized to issue a fur taker permit a	12013
previously held hunting license or trapping or fur taker permit or	12014
evidence of having held such a license or permit in content and	12015
manner approved by the chief of the division of wildlife, a	12016
certificate of completion issued upon completion of a trapper	12017
education course approved by the chief, or evidence of equivalent	12018
training in content and manner approved by the chief.	12019

No person shall issue a fur taker permit to any person who	12020
fails to present the evidence required by this section. No person	12021
shall purchase or obtain a fur taker permit without presenting to	12022
the issuing agent the evidence required by this section. Issuance	12023
of a fur taker permit in violation of the requirements of this	12024
section is an offense by both the purchaser of the illegally	12025
obtained permit and the clerk or agent who issued the permit. Any	12026
fur taker permit issued in violation of this section is void.	12027

The chief, with approval of the wildlife council, shall adopt	12028
rules prescribing a trapper education course for first-time fur	12029
taker permit buyers and for volunteer instructors. The course	12030
shall consist of subjects that include, but are not limited to,	12031
trapping techniques, animal habits and identification, trapping	12032
tradition and ethics, the trapper and conservation, the law in	12033
section 1533.17 of the Revised Code along with the penalty for its	12034
violation, including a description of terms of imprisonment and	12035
fines that may be imposed, and other law relating to trapping.	12036
Authorized personnel of the division of wildlife or volunteer	12037
instructors approved by the chief shall conduct the courses with	12038
such frequency and at such locations throughout the state as to	12039
reasonably meet the needs of permit applicants. The chief shall	12040
issue a certificate of completion to each person who successfully	12041
completes the course and passes an examination prescribed by the	12042
chief.	12043

Every person, while hunting or trapping fur-bearing animals	12044
on lands of another, shall carry the person's fur taker permit	12045
~~affixed to the person's hunting license~~ with the person's	12046
signature written ~~across the face of~~on the permit. Failure to	12047
carry such a signed permit constitutes an offense under this	12048
section. The chief shall adopt any additional rules the chief	12049
considers necessary to carry out this section.	12050

The owner and the children of the owner of lands in this	12051
state may hunt or trap fur-bearing animals thereon without a fur	12052
taker permit. The tenant and children of the tenant may hunt or	12053
trap fur-bearing animals on lands where they reside without a fur	12054
taker permit.	12055

A fur taker permit is not transferable. No person shall carry	12056
a fur taker permit issued in the name of another person.	12057

A fur taker permit entitles a nonresident to take from this	12058
state fur-bearing animals taken and possessed by the nonresident	12059
as provided by law or division rule.	12060

Sec. 1533.112. Except as provided in this section or unless	12061
otherwise provided by division rule, no person shall hunt ducks,	12062
geese, or brant on the lands of another without first obtaining an	12063
annual wetlands habitat stamp. The annual fee for the wetlands	12064
habitat stamp shall be fourteen dollars for each stamp unless the	12065
rules adopted under division (B) of section 1533.12 provide for	12066
issuance of a wetlands habitat stamp to the applicant free of	12067
charge.	12068

Moneys received from the stamp fee shall be paid into the	12069
state treasury to the credit of the wetlands habitat fund, which	12070
is hereby established. Moneys shall be paid from the fund on the	12071
order of the director of natural resources for the following	12072
purposes:	12073

(A) Sixty per cent for projects that the division approves	12074
for the acquisition, development, management, or preservation of	12075
waterfowl areas within the state;	12076

(B) Forty per cent for contribution by the division to an	12077
appropriate nonprofit organization for the acquisition,	12078
development, management, or preservation of lands and waters	12079
within the United States or Canada that provide or will provide	12080
habitat for waterfowl with migration routes that cross this state.	12081

No moneys derived from the issuance of wetlands habitat	12082
stamps shall be spent for purposes other than those specified by	12083
this section. All investment earnings of the fund shall be	12084
credited to the fund.	12085

Wetlands habitat stamps shall be furnished by and in a form	12086
prescribed by the chief of the division of wildlife and issued by	12087
clerks and other agents authorized to issue licenses and permits	12088
under section 1533.13 of the Revised Code. The record of stamps	12089
kept by the clerks and other agents shall be uniform throughout	12090
the state, in such form or manner as the director prescribes, and	12091
open at all reasonable hours to the inspection of any person.	12092
Unless otherwise provided by rule, each stamp shall remain in	12093
force until midnight of the thirty-first day of August next	12094
ensuing. Wetlands habitat stamps may be issued in any manner to	12095
any person on any date, whether or not that date is within the	12096
period in which they are effective.	12097

Every person to whom this section applies, while hunting	12098
ducks, geese, or brant, shall carry an unexpired wetlands habitat	12099
stamp that is validated by the person's signature written on the	12100
stamp in ink and shall exhibit the stamp to any enforcement	12101
officer so requesting. No person shall fail to carry and exhibit	12102
the person's stamp.	12103

A wetlands habitat stamp is not transferable.

12104

The chief shall establish a procedure to obtain subject	12105
matter to be printed on the wetlands habitat stamp and shall use,	12106
dispose of, or distribute the subject matter as the chief	12107
considers necessary. The chief also shall adopt rules necessary to	12108
administer this section.	12109

This section does not apply to persons under sixteen years of	12110
age nor to persons exempted from procuring a hunting license under	12111
section 1533.10 or division (A)(2) of section 1533.12 of the	12112
Revised Code.	12113

Sec. 1533.12. (A)(1) Except as otherwise provided in	12114
division (A)(2) of this section, every person on active duty in	12115
the armed forces of the United States who is stationed in this	12116
state and who wishes to engage in an activity for which a license,	12117
permit, or stamp is required under this chapter first shall obtain	12118
the requisite license, permit, or stamp. Such a person is eligible	12119
to obtain a resident hunting or fishing license regardless of	12120
whether the person qualifies as a resident of this state. To	12121
obtain a resident hunting or fishing license, the person shall	12122
present a card or other evidence identifying the person as being	12123
on active duty in the armed forces of the United States and as	12124
being stationed in this state.	12125

(2) Every person on active duty in the armed forces of the	12126
United States, while on leave or furlough, may take or catch fish	12127
of the kind lawfully permitted to be taken or caught within the	12128
state, may hunt any wild bird or wild quadruped lawfully permitted	12129
to be hunted within the state, and may trap fur-bearing animals	12130
lawfully permitted to be trapped within the state, without	12131
procuring a fishing license, a hunting license, a fur taker	12132
permit, or a wetlands habitat stamp required by this chapter,	12133
provided that the person shall carry on the person when fishing,	12134
hunting, or trapping, a card or other evidence identifying the	12135
person as being on active duty in the armed forces of the United	12136
States, and provided that the person is not otherwise violating	12137
any of the hunting, fishing, and trapping laws of this state.	12138

In order to hunt deer or wild turkey, any such person shall	12139
obtain a special deer or wild turkey permit, as applicable, under	12140
section 1533.11 of the Revised Code. However, the person need not	12141
obtain a hunting license in order to obtain such a permit.	12142

(B) The chief of the division of wildlife shall provide by	12143
rule adopted under section 1531.10 of the Revised Code all of the	12144
following:	12145

(1) Every resident of this state with a disability that has	12146
been determined by the veterans administration to be permanently	12147
and totally disabling, who receives a pension or compensation from	12148
the veterans administration, and who received an honorable	12149
discharge from the armed forces of the United States, and every	12150
veteran to whom the registrar of motor vehicles has issued a set	12151
of license plates under section 4503.41 of the Revised Code, shall	12152
be issued an annual fishing license, hunting license, fur taker	12153
permit, deer or wild turkey permit, or wetlands habitat stamp, or	12154
any combination of those licenses, permits, and stamp, free of	12155
charge when application is made to the chief in the manner	12156
prescribed by and on forms provided by the chief.	12157

(2) Every resident of the state who was born on or before	12158
December 31, 1937, shall be issued an annual fishing license,	12159
hunting license, fur taker permit, deer or wild turkey permit, or	12160
wetlands habitat stamp, or any combination of those licenses,	12161
permits, and stamp, free of charge when application is made to the	12162
chief in the manner prescribed by and on forms provided by the	12163
chief.	12164

(3) Every resident of state or county institutions,	12165
charitable institutions, and military homes in this state shall be	12166
issued an annual fishing license free of charge when application	12167
is made to the chief in the manner prescribed by and on forms	12168
provided by the chief.	12169

(4) Any mobility impaired or blind person, as defined in	12170
section 955.011 of the Revised Code, who is a resident of this	12171
state and who is unable to engage in fishing without the	12172
assistance of another person shall be issued an annual fishing	12173
license free of charge when application is made to the chief in	12174
the manner prescribed by and on forms provided by the chief. The	12175
person who is assisting the mobility impaired or blind person may	12176
assist in taking or catching fish of the kind permitted to be	12177
taken or caught without procuring the license required under	12178
section 1533.32 of the Revised Code, provided that only one line	12179
is used by both persons.	12180

(5) As used in division (B)(5) of this section, "prisoner of	12181
war" means any regularly appointed, enrolled, enlisted, or	12182
inducted member of the military forces of the United States who	12183
was captured, separated, and incarcerated by an enemy of the	12184
United States.	12185

Any person who has been a prisoner of war, was honorably	12186
discharged from the military forces, and is a resident of this	12187
state shall be issued an annual fishing license, hunting license,	12188
fur taker permit, or wetlands habitat stamp, or any combination of	12189
those licenses, permits, and stamp, free of charge when	12190
application is made to the chief in the manner prescribed by and	12191
on forms provided by the chief.	12192

(C) The chief shall adopt rules pursuant to section 1531.08	12193
of the Revised Code designating not more than two days, which need	12194
not be consecutive, in each year as "free sport fishing days" on	12195
which any resident may exercise the privileges accorded the holder	12196
of a fishing license issued under section 1533.32 of the Revised	12197
Code without procuring such a license, provided that the person is	12198
not otherwise violating any of the fishing laws of this state.	12199

Sec. 1533.32. Except as provided in this section or division	12200
(A)(2) or (C) of section 1533.12 of the Revised Code, no person,	12201
including nonresidents, shall take or catch any fish by angling in	12202
any of the waters in the state or engage in fishing in those	12203
waters without a license. No person shall take or catch frogs or	12204
turtles without a valid fishing license, except as provided in	12205
this section. Persons fishing in privately owned ponds, lakes, or	12206
reservoirs to or from which fish are not accustomed to migrate are	12207
exempt from the license requirements set forth in this section.	12208
Persons fishing in privately owned ponds, lakes, or reservoirs	12209
that are open to public fishing through an agreement or lease with	12210
the division of wildlife shall comply with the license	12211
requirements set forth in this section.	12212

The fee for an annual license shall be thirty-nine dollars	12213
for a resident of a state that is not a party to an agreement	12214
under section 1533.91 of the Revised Code. The fee for an annual	12215
license shall be eighteen dollars for a resident of a state that	12216
is a party to such an agreement. The fee for an annual license for	12217
residents of this state shall be eighteen dollars unless the rules	12218
adopted under division (B) of section 1533.12 of the Revised Code	12219
provide for issuance of a resident fishing license to the	12220
applicant free of charge. Except as provided in rules adopted	12221
under division (B)(2) of that section, each applicant who is a	12222
resident of this state and who at the time of application is	12223
sixty-six years of age or older shall procure a special senior	12224
fishing license, the fee for which shall be one-half of the annual	12225
resident fishing license fee.	12226

Any person under the age of sixteen years may take or catch	12227
frogs and turtles and take or catch fish by angling without a	12228
license.	12229

The chief of the division of wildlife may issue a tourist's	12230
license expiring three days from the effective date of the license	12231
to a resident of a state that is not a party to an agreement under	12232
section 1533.91 of the Revised Code. The fee for a tourist's	12233
license shall be eighteen dollars.	12234

The chief shall adopt rules under section 1531.10 of the	12235
Revised Code providing for the issuance of a one-day fishing	12236
license to a resident of this state or of any other state. The fee	12237
for such a license shall be fifty-five per cent of the amount	12238
established under this section for a tourist's license, rounded up	12239
to the nearest whole dollar. A one-day fishing license shall allow	12240
the holder to take or catch fish by angling in the waters in the	12241
state, engage in fishing in those waters, or take or catch frogs	12242
or turtles in those waters for one day without obtaining an annual	12243
license or a tourist's license under this section. At the request	12244
of a holder of a one-day fishing license who wishes to obtain an	12245
annual license, a clerk or agent authorized to issue licenses	12246
under section 1533.13 of the Revised Code, not later than the last	12247
day on which the one-day license would be valid if it were an	12248
annual license, shall credit the amount of the fee paid for the	12249
one-day license toward the fee charged for the annual license if	12250
so authorized by the chief. The clerk or agent shall issue the	12251
annual license upon presentation of the one-day license and	12252
payment of a fee in an amount equal to the difference between the	12253
fee for the annual license and the fee for the one-day license.	12254

12255

Unless otherwise provided by division rule, each annual	12256
license shall begin on the first day of March of the current year	12257
and expire on the last day of February of the following year.	12258

No person shall alter a fishing license or possess a fishing	12259
license that has been altered.	12260

No person shall procure or attempt to procure a fishing	12261
license by fraud, deceit, misrepresentation, or any false	12262
statement.	12263

Owners of land over, through, upon, or along which any water	12264
flows or stands, except where the land is in or borders on state	12265
parks or state-owned lakes, together with the members of the	12266
immediate families of such owners, may take frogs and turtles and	12267
may take or catch fish of the kind permitted to be taken or caught	12268
therefrom without procuring a license provided for in this	12269
section. This exemption extends to tenants actually residing upon	12270
such lands and to the members of the immediate families of the	12271
tenants. Residents of state or county institutions, charitable	12272
institutions, and military homes in this state may take frogs and	12273
turtles without procuring the required license, provided that a	12274
member of the institution or home has an identification card,	12275
which shall be carried on that person when fishing.	12276

Every fisher required to be licensed, while fishing or taking	12277
or attempting to take frogs or turtles, shall carry the license	12278
and exhibit it to any person. Failure to so carry and exhibit the	12279
license constitutes an offense under this section.	12280

Sec. 1541.03. All lands and waters dedicated and set apart	12281
for state park purposes shall be under the control and management	12282
of the division of parks and recreation, which shall protect,	12283
maintain, and keep them in repair. The division shall have the	12284
following powers over all such lands and waters:	12285

(A) To make alterations and improvements;

12286

(B) To construct and maintain dikes, wharves, landings,	12287
docks, dams, and other works;	12288

(C) To construct and maintain roads and drives in, around,	12289
upon, and to the lands and waters to make them conveniently	12290
accessible and useful to the public;	12291

(D) ToExcept as otherwise provided in this section, to	12292
adopt, amend, and rescind, in accordance with Chapter 119. of the	12293
Revised Code, rules necessary for the proper management of state	12294
parks, bodies of water, and the lands adjacent to them under its	12295
jurisdiction and control, including the following:	12296

(1) Governing opening and closing times and dates of the	12297
parks;	12298

(2) Establishing fees and charges for ~~admission to state~~	12299
~~parks and for~~ use of facilities in ~~them~~state parks;	12300

(3) Governing camps, camping, and fees for camps and camping;

12301

(4) Governing the application for and rental of, rental fees	12302
for, and the use of cabins;	12303

(5) Relating to public use of state park lands, and governing	12304
the operation of motor vehicles, including speeds, and parking on	12305
those lands;	12306

(6) Governing all advertising within state parks and the	12307
requirements for the operation of places selling tangible personal	12308
property and control of food service sales on lands and waters	12309
under the control of the division, which rules shall establish	12310
uniform requirements;	12311

(7) Providing uniform standards relating to the size, type,	12312
location, construction, and maintenance of structures and devices	12313
used for fishing or moorage of watercraft, rowboats, sailboats,	12314
and powercraft, as those terms are defined in section 1547.01 of	12315
the Revised Code, over waters under the control of the division	12316
and establishing reasonable fees for the construction of and	12317
annual use permits for those structures and devices;	12318

(8) Governing state beaches, swimming, inflatable devices,	12319
and fees for them;	12320

(9) Governing the removal and disposition of any watercraft,	12321
rowboat, sailboat, or powercraft, as those terms are defined in	12322
section 1547.01 of the Revised Code, left unattended for more than	12323
seven days on any lands or waters under the control of the	12324
division;	12325

(10) Governing the establishment and collection of check	12326
collection charges for checks that are returned to the division or	12327
dishonored for any reason.	12328

The division shall adopt rules under this section	12329
establishing a discount program for all persons who are issued a	12330
golden buckeye card under section 173.06 of the Revised Code. The	12331
discount program shall provide a discount for all park services	12332
and rentals, but shall not provide a discount for the purchase of	12333
merchandise.	12334

The division shall not adopt rules establishing fees or	12335
charges for parking a motor vehicle in a state park or for	12336
admission to a state park.	12337

Every resident of this state with a disability that has been	12338
determined by the veterans administration to be permanently and	12339
totally disabling, who receives a pension or compensation from the	12340
veterans administration, and who received an honorable discharge	12341
from the armed forces of the United States, and every veteran to	12342
whom the registrar of motor vehicles has issued a set of license	12343
plates under section 4503.41 of the Revised Code, shall be exempt	12344
from the fees for camping, provided that the resident or veteran	12345
carries in the state park such evidence of the resident's or	12346
veteran's disability as the chief of the division of parks and	12347
recreation prescribes by rule.	12348

~~Every~~Unless otherwise provided by division rule, every	12349
resident of this state who is sixty-five years of age or older or	12350
who is permanently and totally disabled and who furnishes evidence	12351
of that age or disability in a manner prescribed by division rule	12352
shall be charged one-half of the regular fee for camping, except	12353
on the weekends and holidays designated by the division~~. Such a~~	12354
~~person~~, and shall not be charged more than ninety per cent of the	12355
regular charges for state recreational facilities, equipment,	12356
services, and food service operations utilized by the person at	12357
any time of year, whether maintained or operated by the state or	12358
leased for operation by another entity.	12359

As used in this section, "food service operations" means	12360
restaurants that are owned by the department of natural resources	12361
at Hocking Hills, Lake Hope, Malabar Farm, and Rocky Fork state	12362
parks or are part of a state park lodge. "Food service operations"	12363
does not include automatic vending machines, concession stands, or	12364
snack bars.	12365

As used in this section, "prisoner of war" means any	12366
regularly appointed, enrolled, enlisted, or inducted member of the	12367
military forces of the United States who was captured, separated,	12368
and incarcerated by an enemy of the United States. Any person who	12369
has been a prisoner of war, was honorably discharged from the	12370
military forces, and is a resident of this state is exempt from	12371
the fees for camping. To claim this exemption, the person shall	12372
present written evidence in the form of a record of separation, a	12373
letter from one of the military forces of the United States, or	12374
such other evidence as the chief prescribes by rule that satisfies	12375
the eligibility criteria established by this section.	12376

Sec. 1547.721. As used in sections 1547.721 to 1547.726 of	12377
the Revised Code:	12378

(A) "Eligible project" means a project that involves the	12379
acquisition, construction, establishment, reconstruction,	12380
rehabilitation, renovation, enlargement, improvement, equipping,	12381
furnishing, or development of either of the following:	12382

(1) Marine recreational facilities;

12383

(2) Refuge harbors and other projects for the harboring,	12384
mooring, docking, launching, and storing of light draft vessels.	12385

(B) "Marine recreational facilities," "refuge harbors,"	12386
"light draft vessels," and "allowable costs" have the meanings	12387
established in rules adopted under section 1547.723 of the Revised	12388
Code.	12389

(C) "Revolving loan program" means the loan program	12390
established under sections 1547.721 to 1547.726 of the Revised	12391
Code.	12392

(D) "State agency" has the same meaning as in section 9.66 of	12393
the Revised Code.	12394

Sec. 1547.722. There is hereby created in the state treasury	12395
the watercraft revolving loan fund consisting of money	12396
appropriated or transferred to it, money received and credited to	12397
the fund under section 1547.726 of the Revised Code, and any	12398
grants, gifts, or contributions of moneys received for deposit to	12399
the credit of the fund.	12400

The director of natural resources shall use money in the	12401
watercraft revolving loan fund for the purpose of making loans	12402
under section 1547.724 of the Revised Code for eligible projects	12403
and taking actions under sections 1547.721 to 1547.726 of the	12404
Revised Code necessary to fulfill that purpose. The director may	12405
establish separate accounts in the fund for particular projects or	12406
otherwise. Income from the investment of money in the fund shall	12407
be credited to the fund, and, if the director so requires, to	12408
particular accounts in the fund.	12409

Sec. 1547.723. (A) The director of natural resources shall	12410
adopt rules under Chapter 119. of the Revised Code that the	12411
director determines to be necessary for the implementation of the	12412
revolving loan program. The rules shall include a definition of	12413
what constitutes "allowable costs" of an eligible project for	12414
purposes of the program together with a definition of "marine	12415
recreational facilities," "refuge harbors," and "light draft	12416
vessels," respectively.	12417

(B) The director may delegate any of the director's duties or	12418
responsibilities under sections 1547.721 to 1547.726 of the	12419
Revised Code to the chief of the division of watercraft.	12420

Sec. 1547.724. (A) With the approval of the controlling	12421
board, and subject to the other applicable provisions of sections	12422
1547.721 to 1547.726 of the Revised Code, the director of natural	12423
resources may lend moneys in the watercraft revolving loan fund to	12424
public or private entities for the purpose of paying the allowable	12425
costs of an eligible project. Loans shall be made under this	12426
division only if the director determines that all of the following	12427
apply:	12428

(1) The project is an eligible project and is economically	12429
sound;	12430

(2) The borrower is unable to finance the necessary allowable	12431
costs through ordinary financial channels upon comparable terms;	12432

(3) The repayment of the loan will be adequately secured by a	12433
mortgage, lien, assignment, or pledge at a level of priority as	12434
the director may require;	12435

(4) The amount of the loan does not exceed ninety per cent of	12436
the total cost of the project.	12437

(B) The determinations of the director under division (A) of	12438
this section shall be conclusive for purposes of the validity of a	12439
loan commitment evidenced by a loan agreement signed by the	12440
director. Further, the director's determinations that a project	12441
constitutes an eligible project and that the costs of such a	12442
project are allowable costs, together with all other	12443
determinations relevant to the project or to an action taken or	12444
agreement entered into under sections 1547.721 to 1547.726 of the	12445
Revised Code shall be conclusive for purposes of the validity and	12446
enforceability of rights of parties arising from actions taken and	12447
agreements entered into under those sections.	12448

(C) The director may take any actions necessary or	12449
appropriate with respect to a loan made under this section,	12450
including facilitating the collection of amounts due on a loan.	12451

Sec. 1547.725. For purposes of the revolving loan program,	12452
the director of natural resources may do any of the following:	12453

(A) Establish fees, charges, rates of interest, times of	12454
payment of interest and principal, and other terms, conditions,	12455
and provisions of and security for loans made from the watercraft	12456
revolving loan fund that the director determines to be appropriate	12457
and in furtherance of the purpose for which the loans are made;	12458

(B) Retain the services of or employ financial consultants,	12459
appraisers, consulting engineers, superintendents, managers,	12460
construction and accounting experts, attorneys, and employees,	12461
agents, and independent contractors that the director determines	12462
to be necessary and fix the compensation for their services;	12463

(C) Receive and accept from any person grants, gifts,	12464
contributions of money, property, labor, and other things of value	12465
to be held, used, and applied only for the purpose for which such	12466
grants, gifts, and contributions are made;	12467

(D) Enter into appropriate agreements with other governmental	12468
entities to provide for all of the following:	12469

(1) Payment of allowable costs related to the development of	12470
eligible projects for which loans have been made from the	12471
watercraft revolving loan fund;	12472

(2) Any governmental action a governmental entity is	12473
authorized to take, including undertaking on behalf and at the	12474
request of the director any action that the director is authorized	12475
to undertake pursuant to sections 1547.721 to 1547.725 of the	12476
Revised Code;	12477

(3) The operation of facilities associated with eligible	12478
projects.	12479

All state agencies shall cooperate with and provide	12480
assistance to the director as is necessary for the administration	12481
of sections 1547.721 to 1547.726 of the Revised Code.	12482

Sec. 1547.726. All money received by the state from the	12483
repayment of loans made from the watercraft revolving loan fund,	12484
including interest, fees, and charges associated with such loans,	12485
shall be deposited to the credit of the watercraft revolving loan	12486
fund.	12487

Sec. 1548.06. (A)(1) Application for a certificate of title	12488
for a watercraft or outboard motor shall be made upon a form	12489
prescribed by the chief of the division of watercraft and shall be	12490
sworn to before a notary public or other officer empowered to	12491
administer oaths. The application shall be filed with the clerk of	12492
any court of common pleas. An application for a certificate of	12493
title may be filed electronically by any electronic means approved	12494
by the chief in any county with the clerk of the court of common	12495
pleas of that county. The application shall be accompanied by the	12496
fee prescribed in section 1548.10 of the Revised Code. The fee	12497
shall be retained by the clerk who issues the certificate of title	12498
and shall be distributed in accordance with that section. If a	12499
clerk of a court of common pleas, other than the clerk of the	12500
court of common pleas of an applicant's county of residence,	12501
issues a certificate of title to the applicant, the clerk shall	12502
transmit data related to the transaction to the automated title	12503
processing system.	12504

(2) If a certificate of title previously has been issued for	12505
the watercraft or outboard motor, the application for a	12506
certificate of title also shall be accompanied by the certificate	12507
of title duly assigned unless otherwise provided in this chapter.	12508
If a certificate of title previously has not been issued for the	12509
watercraft or outboard motor in this state, the application,	12510
unless otherwise provided in this chapter, shall be accompanied by	12511
a manufacturer's or importer's certificate; by a sworn statement	12512
of ownership if the watercraft or outboard motor was purchased by	12513
the applicant on or before October 9, 1963, or if the watercraft	12514
is less than fourteen feet long with a permanently affixed	12515
mechanical means of propulsion and was purchased by the applicant	12516
on or before January 1, 2000; or by a certificate of title, bill	12517
of sale, or other evidence of ownership required by the law of	12518
another state from which the watercraft or outboard motor was	12519
brought into this state. Evidence of ownership of a watercraft or	12520
outboard motor for which an Ohio certificate of title previously	12521
has not been issued and which watercraft or outboard motor does	12522
not have permanently affixed to it a manufacturer's serial number	12523
shall be accompanied by the certificate of assignment of a hull	12524
identification number assigned by the chief as provided in section	12525
1548.07 of the Revised Code.	12526

(3) The clerk shall retain the evidence of title presented by	12527
the applicant and on which the certificate of title is issued,	12528
except that, if an application for a certificate of title is filed	12529
electronically, by a vendor on behalf of a purchaser of a	12530
watercraft or outboard motor, the clerk shall retain the completed	12531
electronic record to which the vendor converted the certificate of	12532
title application and other required documents. The chief, after	12533
consultation with the attorney general, shall adopt rules that	12534
govern the location at which, and the manner in which, are stored	12535
the actual application and all other documents relating to the	12536
sale of a watercraft or outboard motor when a vendor files the	12537
application for a certificate of title electronically on behalf of	12538
a purchaser.	12539

(B) The clerk shall use reasonable diligence in ascertaining	12540
whether the facts in the application are true by checking the	12541
application and documents accompanying it or the electronic record	12542
to which a vendor converted the application and accompanying	12543
documents with the records of watercraft and outboard motors in	12544
the clerk's office. If the clerk is satisfied that the applicant	12545
is the owner of the watercraft or outboard motor and that the	12546
application is in the proper form, the clerk shall issue a	12547
physical certificate of title over the clerk's signature and	12548
sealed with the clerk's seal unless the applicant specifically	12549
requests the clerk not to issue a physical certificate of title	12550
and instead to issue an electronic certificate of title. However,	12551
if the evidence indicates and an investigation shows that one or	12552
more Ohio titles already exist for the watercraft or outboard	12553
motor, the chief may cause the redundant title or titles to be	12554
canceled.	12555

(C) In the case of the sale of a watercraft or outboard motor	12556
by a vendor to a general purchaser or user, the certificate of	12557
title shall be obtained in the name of the purchaser by the vendor	12558
upon application signed by the purchaser. In all other cases, the	12559
certificate shall be obtained by the purchaser. In all cases of	12560
transfer of watercraft or outboard motors, the application for	12561
certificate of title shall be filed within thirty days after the	12562
later of the date of purchase or assignment of ownership of the	12563
watercraft or outboard motor. If the application for certificate	12564
of title is not filed within thirty days after the later of the	12565
date of purchase or assignment of ownership of the watercraft or	12566
outboard motor, the clerk shall charge a late penalty fee of five	12567
dollars in addition to the fee prescribed by section 1548.10 of	12568
the Revised Code. The clerk shall retain the entire amount of each	12569
late penalty fee.	12570

(D) The clerk shall refuse to accept an application for	12571
certificate of title unless the applicant either tenders with the	12572
application payment of all taxes levied by or pursuant to Chapter	12573
5739. or 5741. of the Revised Code based on the applicant's county	12574
of residence less, in the case of a sale by a vendor, any discount	12575
to which the vendor is entitled under section 5739.12 of the	12576
Revised Code, or submits any of the following:	12577

~~(A)~~(1) A receipt issued by the tax commissioner or a clerk of	12578
courts showing payment of the tax;	12579

~~(B)~~(2) A copy of the unit certificate of exemption completed	12580
by the purchaser at the time of sale as provided in section	12581
5739.03 of the Revised Code;	12582

~~(C)~~(3) An exemption certificate, in a form prescribed by the	12583
tax commissioner, that specifies why the purchase is not subject	12584
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	12585

Payment of the tax shall be in accordance with rules issued	12586
by the tax commissioner, and the clerk shall issue a receipt in	12587
the form prescribed by the tax commissioner to any applicant who	12588
tenders payment of the tax with the application for the	12589
certificate of title.	12590

(E)(1) For receiving and disbursing the taxes paid to the	12591
clerk by a resident of the clerk's county, the clerk may retain a	12592
poundage fee of one and one one-hundredth per cent of the taxes	12593
collected, which shall be paid into the certificate of title	12594
administration fund created by section 325.33 of the Revised Code.	12595
The clerk shall not retain a poundage fee from payments of taxes	12596
by persons who do not reside in the clerk's county.	12597

(2) A clerk, however, may retain from the taxes paid to the	12598
clerk an amount equal to the poundage fees associated with	12599
certificates of title issued by other clerks of courts of common	12600
pleas to applicants who reside in the first clerk's county. The	12601
chief of the division of watercraft, in consultation with the tax	12602
commissioner and the clerks of the courts of common pleas, shall	12603
develop a report from the automated title processing system that	12604
informs each clerk of the amount of the poundage fees that the	12605
clerk is permitted to retain from those taxes because of	12606
certificates of title issued by the clerks of other counties to	12607
applicants who reside in the first clerk's county.	12608

(F) In the case of casual sales of watercraft or outboard	12609
motors that are subject to the tax imposed by Chapter 5739. or	12610
5741. of the Revised Code, the purchase price for the purpose of	12611
determining the tax shall be the purchase price on an affidavit	12612
executed and filed with the clerk by the vendor on a form to be	12613
prescribed by the chief, which shall be prima-facie evidence of	12614
the price for the determination of the tax. In addition to the	12615
information required by section 1548.08 of the Revised Code, each	12616
certificate of title shall contain in bold lettering the following	12617
notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE	12618
(SELLER AND BUYER). You are required by law to state the true	12619
selling price. A false statement is a violation of section 2921.13	12620
of the Revised Code and is punishable by six months imprisonment	12621
or a fine of up to one thousand dollars, or both. All transfers	12622
are audited by the department of taxation. The seller and buyer	12623
must provide any information requested by the department of	12624
taxation. The buyer may be assessed any additional tax found to be	12625
due."	12626

~~The clerk shall forward all payments of taxes, less poundage~~	12627
~~fees, to the treasurer of state in a manner to be prescribed by~~	12628
~~the tax commissioner and shall furnish information to the~~	12629
~~commissioner as the commissioner may require.~~(G) Each county	12630
clerk of courts shall forward to the treasurer of state all sales	12631
and use tax collections resulting from sales of titled watercraft	12632
and outboard motors during a calendar week on or before the Friday	12633
following the close of that week. If, on any Friday, the offices	12634
of the clerk of courts or the state are not open for business, the	12635
tax shall be forwarded to the treasurer of state on or before the	12636
next day on which the offices are open. Every remittance of tax	12637
under this division shall be accompanied by a remittance report in	12638
such form as the tax commissioner prescribes. Upon receipt of a	12639
tax remittance and remittance report, the treasurer of state shall	12640
date stamp the report and forward it to the tax commissioner. If	12641
the tax due for any week is not remitted by a clerk of courts as	12642
required under this division, the clerk shall forfeit the poundage	12643
fees for the sales made during that week. The treasurer of state	12644
may require the clerks of courts to transmit tax collections and	12645
remittance reports electronically.	12646

(H) For purposes of a transfer of a certificate of title, if	12647
the clerk is satisfied that a secured party has discharged a lien	12648
but has not canceled the lien notation with a clerk, the clerk may	12649
cancel the lien notation on the automated title processing system	12650
and notify the clerk of the county of origin.	12651

(I) Every clerk shall have the capability to transact by	12652
electronic means all procedures and transactions relating to the	12653
issuance of watercraft or outboard motor certificates of title	12654
that are described in the Revised Code as being accomplished by	12655
electronic means.	12656

Sec. 1711.53. (A)(1) No person shall operate an amusement	12657
ride within the state without a permit issued by the director of	12658
agriculture under division (A)(2) of this section. The owner of an	12659
amusement ride, whether the ride is a temporary amusement ride or	12660
a permanent amusement ride, who desires to operate the amusement	12661
ride within the state shall, prior to the operation of the	12662
amusement ride and annually thereafter, submit to the department	12663
of agriculture an application for a permit, together with the	12664
appropriate permit and inspection fee, on a form to be furnished	12665
by the department. Prior to issuing any permit the department	12666
shall, within thirty days after the date on which it receives the	12667
application, inspect each amusement ride described in the	12668
application. The owner of an amusement ride shall have the	12669
amusement ride ready for inspection not later than two hours after	12670
the time that is requested by the person for the inspection.	12671

(2) For each amusement ride found to comply with the rules	12672
adopted by the director under division (B) of this section and	12673
division (B) of section 1711.551 of the Revised Code, the director	12674
shall issue an annual permit, provided that evidence of liability	12675
insurance coverage for the amusement ride as required by section	12676
1711.54 of the Revised Code is on file with the department.	12677

(3) The director shall issue with each permit a decal	12678
indicating that the amusement ride has been issued the permit. The	12679
owner of the amusement ride shall affix the decal on the ride at a	12680
location where the decal is easily visible to the patrons of the	12681
ride. A copy of the permit shall be kept on file at the same	12682
address as the location of the amusement ride identified on the	12683
permit, and shall be made available for inspection, upon	12684
reasonable demand, by any person. An owner may operate an	12685
amusement ride prior to obtaining a permit, provided that the	12686
operation is for the purpose of testing the amusement ride or	12687
training amusement ride operators and other employees of the owner	12688
and the amusement ride is not open to the public.	12689

(B) The director, in accordance with Chapter 119. of the	12690
Revised Code, shall adopt rules providing for a schedule of fines,	12691
with no fine exceeding five thousand dollars, for violations of	12692
sections 1711.50 to 1711.57 of the Revised Code or any rules	12693
adopted under this division and for the classification of	12694
amusement rides and rules for the safe operation and inspection of	12695
all amusement rides as are necessary for amusement ride safety and	12696
for the protection of the general public. Rules adopted by the	12697
director for the safe operation and inspection of amusement rides	12698
shall be reasonable and based upon generally accepted engineering	12699
standards and practices. In adopting rules under this section, the	12700
director may adopt by reference, in whole or in part, the national	12701
fire code or the national electrical code prepared by the national	12702
fire protection association, the standards of ASTM or the American	12703
national standards institute, or any other principles, tests, or	12704
standards of nationally recognized technical or scientific	12705
authorities. Insofar as is practicable and consistent with	12706
sections 1711.50 to 1711.57 of the Revised Code, rules adopted	12707
under this division shall be consistent with the rules of other	12708
states. The department shall cause sections 1711.50 to 1711.57 of	12709
the Revised Code and the rules adopted in accordance with this	12710
division and division (B) of section 1711.551 of the Revised Code	12711
to be published in pamphlet form and a copy to be furnished	12712
without charge to each owner of an amusement ride who holds a	12713
current permit or is an applicant therefor.	12714

(C) With respect to an application for a permit for an	12715
amusement ride, an owner may apply to the director for a waiver or	12716
modification of any rule adopted under division (B) of this	12717
section if there are practical difficulties or unnecessary	12718
hardships for the amusement ride to comply with the rules. Any	12719
application shall set forth the reasons for the request. The	12720
director, with the approval of the advisory council on amusement	12721
ride safety, may waive or modify the application of a rule to any	12722
amusement ride if the public safety is secure. Any authorization	12723
by the director under this division shall be in writing and shall	12724
set forth the conditions under which the waiver or modification is	12725
authorized, and the department shall retain separate records of	12726
all proceedings under this division.	12727

(D)(1) The director shall employ and provide for training of	12728
a chief inspector and additional inspectors and employees as may	12729
be necessary to administer and enforce sections 1711.50 to 1711.57	12730
of the Revised Code. The director may appoint or contract with	12731
other persons to perform inspections of amusement rides, provided	12732
that the persons meet the qualifications for inspectors	12733
established by rules adopted under division (B) of this section	12734
and are not owners, or employees of owners, of any amusement ride	12735
subject to inspection under sections 1711.50 to 1711.57 of the	12736
Revised Code. No person shall inspect an amusement ride who,	12737
within six months prior to the date of inspection, was an employee	12738
of the owner of the ride.	12739

(2) Before the director contracts with other persons to	12740
inspect amusement rides, the director shall seek the advice of the	12741
advisory council on amusement ride safety on whether to contract	12742
with those persons. The advice shall not be binding upon the	12743
director. After having received the advice of the council, the	12744
director may proceed to contract with inspectors in accordance	12745
with the procedures specified in division (E)(2) of section	12746
1711.11 of the Revised Code.	12747

(3) With the advice and consent of the advisory council on	12748
amusement ride safety, the director may employ a special	12749
consultant to conduct an independent investigation of an amusement	12750
ride accident. This consultant need not be in the civil service of	12751
the state, but shall have qualifications to conduct the	12752
investigation acceptable to the council.	12753

(E)(1) Except as otherwise provided in division (E)(1) of	12754
this section, the department shall charge the following amusement	12755
ride fees:	12756

Permit		~~$ 50~~ $ 150	12757
Annual inspection and reinspection per ride:			12758
	Kiddie rides	$ 100	12759
	Roller coaster	$ 950	12760
	Aerial lifts or bungee		12761
	jumping facilities	$ 450	12762
	Go karts	$ 5	12763
	Other rides	$ 160	12764
Midseason operational inspection per ride		$ 25	12765
Expedited inspection per ride		$ 100	12766
Failure to cancel scheduled inspection per ride		$ 100	12767
Failure to have amusement ride ready for			12768
inspection per ride		$100	12769

The go kart inspection fee is in addition to the inspection	12770
fee for the go kart track.	12771

The fees for an expedited inspection, failure to cancel a	12772
scheduled inspection, and failure to have an amusement ride ready	12773
for inspection do not apply to go karts.	12774

As used in division (E)(1) of this section, "expedited	12775
inspection" means an inspection of an amusement ride by the	12776
department not later than ten days after the owner of the	12777
amusement ride files an application for a permit under this	12778
section.	12779

(2) All fees and fines collected by the department under	12780
sections 1711.50 to 1711.57 of the Revised Code shall be deposited	12781
in the state treasury to the credit of the amusement ride	12782
inspection fund, which is hereby created, and shall be used only	12783
for the purpose of administering and enforcing sections 1711.11	12784
and 1711.50 to 1711.57 of the Revised Code.	12785

(3) The owner of an amusement ride shall be required to pay a	12786
reinspection fee only if the reinspection was conducted at the	12787
owner's request under division (F) of this section, if the	12788
reinspection is required by division (F) of this section because	12789
of an accident, or if the reinspection is required by division (F)	12790
of section 1711.55 of the Revised Code. If a reinspection is	12791
conducted at the request of the chief officer of a fair, festival,	12792
or event where the ride is operating, the reinspection fee shall	12793
be charged to the fair, festival, or event.	12794

(4) The rules adopted under division (B) of this section	12795
shall define "kiddie rides," "roller coaster," "aerial lifts," "go	12796
karts," and "other rides" for purposes of determining the fees	12797
under division (E) of this section. The rules shall define "other	12798
rides" to include go kart tracks.	12799

(F) A reinspection of an amusement ride shall take place if	12800
an accident occurs, if the owner of the ride or the chief officer	12801
of the fair, festival, or event where the ride is operating	12802
requests a reinspection, or if the reinspection is required by	12803
division (F) of section 1711.55 of the Revised Code.	12804

(G) As a supplement to its annual inspection of a temporary	12805
amusement ride, the department may inspect the ride during each	12806
scheduled event, as listed in the schedule of events provided to	12807
the department by the owner pursuant to division (C) of section	12808
1711.55 of the Revised Code, at which the ride is operated in this	12809
state. These supplemental inspections are in addition to any other	12810
inspection or reinspection of the ride as may be required under	12811
sections 1711.50 to 1711.57 of the Revised Code, and the owner of	12812
the temporary amusement ride is not required to pay an inspection	12813
or reinspection fee for this supplemental inspection. Nothing in	12814
this division shall be construed to prohibit the owner of a	12815
temporary amusement ride having a valid permit to operate in this	12816
state from operating the ride at a scheduled event before the	12817
department conducts a supplemental inspection.	12818

(H) The department may annually conduct a midseason	12819
operational inspection of every amusement ride upon which it	12820
conducts an annual inspection pursuant to division (A) of this	12821
section. The midseason operational inspection is in addition to	12822
any other inspection or reinspection of the amusement ride as may	12823
be required pursuant to sections 1711.50 to 1711.57 of the Revised	12824
Code. The owner of an amusement ride shall submit to the	12825
department, at the time determined by the department, the	12826
midseason operational inspection fee specified in division (E) of	12827
this section. The director, in accordance with Chapter 119. of the	12828
Revised Code, shall adopt rules specifying the time period during	12829
which the department will conduct midseason operational	12830
inspections.	12831

Sec. 1713.03. The Ohio board of regents shall establish	12832
standards for certificates of authorization to be issued to	12833
institutions as defined in section 1713.01 of the Revised Code, to	12834
private institutions exempt from regulation under Chapter 3332. of	12835
the Revised Code as prescribed in section 3333.046 of the Revised	12836
Code, and to schools holding certificates of registration issued	12837
by the state board of career colleges and schools pursuant to	12838
division (C) of section 3332.05 of the Revised Code. A certificate	12839
of authorization may permit an institution or school to award one	12840
or more types of degrees.	12841

The standards for a certificate of authorization may include,	12842
for various types of institutions, schools, or degrees, minimum	12843
qualifications for faculty, library, laboratories, and other	12844
facilities as adopted and published by the Ohio board of regents.	12845
The standards shall be adopted by the board pursuant to Chapter	12846
119. of the Revised Code.	12847

An institution or school shall apply to the board for a	12848
certificate of authorization on forms containing such information	12849
as is prescribed by the board. Each institution or school with a	12850
certificate of authorization shall file an annual report with the	12851
board in such form and containing such information as the board	12852
prescribes.	12853

The board shall adopt a rule under Chapter 119. of the	12854
Revised Code establishing fees to pay the cost of reviewing an	12855
application for a certificate of authorization, which the	12856
institution or school shall pay when it applies for a certificate	12857
of authorization, and establishing fees, which an institution or	12858
school shall pay, for any further reviews the board determines	12859
necessary upon examining an institution's or school's annual	12860
report.	12861

Sec. 1751.03. (A) Each application for a certificate of	12862
authority under this chapter shall be verified by an officer or	12863
authorized representative of the applicant, shall be in a format	12864
prescribed by the superintendent of insurance, and shall set forth	12865
or be accompanied by the following:	12866

(1) A certified copy of the applicant's articles of	12867
incorporation and all amendments to the articles of incorporation;	12868

(2) A copy of any regulations adopted for the government of	12869
the corporation, any bylaws, and any similar documents, and a copy	12870
of all amendments to these regulations, bylaws, and documents. The	12871
corporate secretary shall certify that these regulations, bylaws,	12872
documents, and amendments have been properly adopted or approved.	12873

(3) A list of the names, addresses, and official positions of	12874
the persons responsible for the conduct of the applicant,	12875
including all members of the board, the principal officers, and	12876
the person responsible for completing or filing financial	12877
statements with the department of insurance, accompanied by a	12878
completed original biographical affidavit and release of	12879
information for each of these persons on forms acceptable to the	12880
department;	12881

(4) A full and complete disclosure of the extent and nature	12882
of any contractual or other financial arrangement between the	12883
applicant and any provider or a person listed in division (A)(3)	12884
of this section, including, but not limited to, a full and	12885
complete disclosure of the financial interest held by any such	12886
provider or person in any health care facility, provider, or	12887
insurer that has entered into a financial relationship with the	12888
health insuring corporation;	12889

(5) A description of the applicant, its facilities, and its	12890
personnel, including, but not limited to, the location, hours of	12891
operation, and telephone numbers of all contracted facilities;	12892

(6) The applicant's projected annual enrollee population over	12893
a three-year period;	12894

(7) A clear and specific description of the health care plan	12895
or plans to be used by the applicant, including a description of	12896
the proposed providers, procedures for accessing care, and the	12897
form of all proposed and existing contracts relating to the	12898
administration, delivery, or financing of health care services;	12899

(8) A copy of each type of evidence of coverage and	12900
identification card or similar document to be issued to	12901
subscribers;	12902

(9) A copy of each type of individual or group policy,	12903
contract, or agreement to be used;	12904

(10) The schedule of the proposed contractual periodic	12905
prepayments or premium rates, or both, accompanied by appropriate	12906
supporting data;	12907

(11) A financial plan which provides a three-year projection	12908
of operating results, including the projected expenses, income,	12909
and sources of working capital;	12910

(12) The enrollee complaint procedure to be utilized as	12911
required under section 1751.19 of the Revised Code;	12912

(13) A description of the procedures and programs to be	12913
implemented on an ongoing basis to assure the quality of health	12914
care services delivered to enrollees, including, if applicable, a	12915
description of a quality assurance program complying with the	12916
requirements of sections 1751.73 to 1751.75 of the Revised Code;	12917

(14) A statement describing the geographic area or areas to	12918
be served, by county;	12919

(15) A copy of all solicitation documents;

12920

(16) A balance sheet and other financial statements showing	12921
the applicant's assets, liabilities, income, and other sources of	12922
financial support;	12923

(17) A description of the nature and extent of any	12924
reinsurance program to be implemented, and a demonstration that	12925
errors and omission insurance and, if appropriate, fidelity	12926
insurance, will be in place upon the applicant's receipt of a	12927
certificate of authority;	12928

(18) Copies of all proposed or in force related-party or	12929
intercompany agreements with an explanation of the financial	12930
impact of these agreements on the applicant. If the applicant	12931
intends to enter into a contract for managerial or administrative	12932
services, with either an affiliated or an unaffiliated person, the	12933
applicant shall provide a copy of the contract and a detailed	12934
description of the person to provide these services. The	12935
description shall include that person's experience in managing or	12936
administering health care plans, a copy of that person's most	12937
recent audited financial statement, and a completed biographical	12938
affidavit on a form acceptable to the superintendent for each of	12939
that person's principal officers and board members and for any	12940
additional employee to be directly involved in providing	12941
managerial or administrative services to the health insuring	12942
corporation. If the person to provide managerial or administrative	12943
services is affiliated with the health insuring corporation, the	12944
contract must provide for payment for services based on actual	12945
costs.	12946

(19) A statement from the applicant's board that the admitted	12947
assets of the applicant have not been and will not be pledged or	12948
hypothecated;	12949

(20) A statement from the applicant's board that the	12950
applicant will submit monthly financial statements during the	12951
first year of operations;	12952

(21) The name and address of the applicant's Ohio statutory	12953
agent for service of process, notice, or demand;	12954

(22) Copies of all documents the applicant filed with the	12955
secretary of state;	12956

(23) The location of those books and records of the applicant	12957
that must be maintained, which books and records shall be	12958
maintained in Ohio if the applicant is a domestic corporation, and	12959
which may be maintained either in the applicant's state of	12960
domicile or in Ohio if the applicant is a foreign corporation;	12961

(24) The applicant's federal identification number, corporate	12962
address, and mailing address;	12963

(25) An internal and external organizational chart;

12964

(26) A list of the assets representing the initial net worth	12965
of the applicant;	12966

(27) If the applicant has a parent company, the parent	12967
company's guaranty, on a form acceptable to the superintendent,	12968
that the applicant will maintain Ohio's minimum net worth. If no	12969
parent company exists, a statement regarding the availability of	12970
future funds if needed.	12971

(28) The names and addresses of the applicant's actuary and	12972
external auditors;	12973

(29) If the applicant is a foreign corporation, a copy of the	12974
most recent financial statements filed with the insurance	12975
regulatory agency in the applicant's state of domicile;	12976

(30) If the applicant is a foreign corporation, a statement	12977
from the insurance regulatory agency of the applicant's state of	12978
domicile stating that the regulatory agency has no objection to	12979
the applicant applying for an Ohio license and that the applicant	12980
is in good standing in the applicant's state of domicile;	12981

(31) Any other information that the superintendent may	12982
require;	12983

(32) Documentation acceptable to the superintendent of the	12984
bond or securities required by section 1751.271 of the Revised	12985
Code.	12986

(B)(1) A health insuring corporation, unless otherwise	12987
provided for in this chapter or in section 3901.321 of the Revised	12988
Code, shall file a timely notice with the superintendent	12989
describing any change to the corporation's articles of	12990
incorporation or regulations, or any major modification to its	12991
operations as set out in the information required by division (A)	12992
of this section that affects any of the following:	12993

(a) The solvency of the health insuring corporation;

12994

(b) The health insuring corporation's continued provision of	12995
services that it has contracted to provide;	12996

(c) The manner in which the health insuring corporation	12997
conducts its business.	12998

(2) If the change or modification is to be the result of an	12999
action to be taken by the health insuring corporation, the notice	13000
shall be filed with the superintendent prior to the health	13001
insuring corporation taking the action. The action shall be deemed	13002
approved if the superintendent does not disapprove it within sixty	13003
days of filing.	13004

(3) The filing of a notice pursuant to division (B)(1) or (2)	13005
of this section shall also serve as the submission of a notice	13006
when required for the superintendent's review for purposes of	13007
section 3901.341 of the Revised Code, if the notice contains all	13008
of the information that section 3901.341 of the Revised Code	13009
requires for such submissions and a copy of any written agreement.	13010
The filing of such a notice, for the purpose of satisfying this	13011
division and section 3901.341 of the Revised Code, shall be	13012
subject to the sixty-day review period of division (B)(2) of this	13013
section.	13014

(C)(1) No health insuring corporation shall expand its	13015
approved service area until a copy of the request for expansion,	13016
accompanied by documentation of the network of providers, forms of	13017
all proposed or existing provider contracts relating to the	13018
delivery of health care services, a schedule of proposed	13019
contractual periodic prepayments and premium rates for group	13020
contracts accompanied by appropriate supporting data, enrollment	13021
projections, plan of operation, and any other changes have been	13022
filed with the superintendent.	13023

(2) Within ten calendar days after receipt of a complete	13024
filing under division (C)(1) of this section, the superintendent	13025
shall refer the appropriate jurisdictional issues to the director	13026
of health pursuant to section 1751.04 of the Revised Code.	13027

(3) Within seventy-five days after the superintendent's	13028
receipt of a complete filing under division (C)(1) of this	13029
section, the superintendent shall determine whether the plan for	13030
expansion is lawful, fair, and reasonable. The superintendent may	13031
not make a determination until the superintendent has received the	13032
director's certification of compliance, which the director shall	13033
furnish within forty-five days after referral under division	13034
(C)(2) of this section. The director shall not certify that the	13035
requirements of section 1751.04 of the Revised Code are not met,	13036
unless the applicant has been given an opportunity for a hearing	13037
as provided in division (D) of section 1751.04 of the Revised	13038
Code. The forty-five-day and seventy-five-day review periods	13039
provided for in division (C)(3) of this section shall cease to run	13040
as of the date on which the notice of the applicant's right to	13041
request a hearing is mailed and shall remain suspended until the	13042
director issues a final certification.	13043

(4) If the superintendent has not approved or disapproved all	13044
or a portion of a service area expansion within the	13045
seventy-five-day period provided for in division (C)(3) of this	13046
section, the filing shall be deemed approved.	13047

(5) Disapproval of all or a portion of the filing shall be	13048
effected by written notice, which shall state the grounds for the	13049
order of disapproval and shall be given in accordance with Chapter	13050
119. of the Revised Code.	13051

Sec. 1751.271. (A) Each health insuring corporation that	13052
provides coverage to medicaid recipients shall post a performance	13053
bond in the amount of three million dollars as security to fulfill	13054
the obligations of the health insuring corporation to pay claims	13055
of contracted providers for covered health care services provided	13056
to medicaid recipients. The bond shall be payable to the	13057
department of insurance in the event that the health insuring	13058
corporation is placed in rehabilitation or liquidation proceedings	13059
under Chapter 3903. of the Revised Code, and shall become a	13060
special deposit subject to section 3903.14 or 3903.421 of the	13061
Revised Code, as applicable. In lieu of the performance bond, a	13062
medicaid health insuring corporation may deposit securities with	13063
the superintendent of insurance, acceptable to the superintendent,	13064
in the amount of three million dollars, to satisfy the bonding	13065
requirements of this section. Upon rehabilitation or liquidation,	13066
the securities shall become a special deposit subject to sections	13067
3903.14 and 3903.421 of the Revised Code, as applicable. The	13068
health insuring corporation shall receive the interest on the	13069
deposited securities as long as the health insuring corporation	13070
remains solvent.	13071

(B) The bond shall be issued by a surety company licensed	13072
with the department of insurance. The bond or deposit, or any	13073
replacement bond or deposit, shall be in a form acceptable to the	13074
superintendent, and shall remain in effect during the duration of	13075
the medicaid health insuring corporation's license and thereafter	13076
until all claims against the medicaid health insuring corporation	13077
have been paid in full.	13078

(C) Documentation of the bond acceptable to the	13079
superintendent of insurance shall be filed with the superintendent	13080
prior to the issuance of a certificate of authority. Annually,	13081
thirty days prior to the renewal of its certificate of authority,	13082
every medicaid health insuring corporation shall furnish the	13083
superintendent of insurance with evidence that the required bond	13084
is still in effect.	13085

(D) As used in this section:

13086

(1) "Contracted provider" means a provider that has a	13087
contract with a medicaid health insuring corporation to provide	13088
covered health care services to medicaid recipients.	13089

(2) "Medicaid health insuring corporation" means a health	13090
insuring corporation that provides health insurance coverage or	13091
otherwise assumes claims liabilities for medicaid recipients.	13092

(3) "Medicaid recipient" means a person eligible for	13093
assistance under the medicaid program operated pursuant to Chapter	13094
5111. of the Revised Code.	13095

Sec. 1751.89. Sections 1751.77 to 1751.85 of the Revised	13096
Code do not apply to ~~either of the following:~~	13097

~~(A) Coverage~~coverage provided to beneficiaries enrolled in	13098
the medicare~~... choice~~advantage program operated under Title	13099
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	13100
U.S.C.A. 301, as amended;	13101

~~(B) Coverage provided to recipients of assistance under the~~	13102
~~medicaid program operated pursuant to Chapter 5111. of the Revised~~	13103
~~Code~~.	13104

Sec. 1901.26. (A) Subject to division (E) of this section,	13105
costs in a municipal court shall be fixed and taxed as follows:	13106

(1) The municipal court shall require an advance deposit for	13107
the filing of any new civil action or proceeding when required by	13108
division (A)(9) of this section, and in all other cases, by rule,	13109
shall establish a schedule of fees and costs to be taxed in any	13110
civil or criminal action or proceeding.	13111

(2) The municipal court, by rule, may require an advance	13112
deposit for the filing of any civil action or proceeding and	13113
publication fees as provided in section 2701.09 of the Revised	13114
Code. The court may waive the requirement for advance deposit upon	13115
affidavit or other evidence that a party is unable to make the	13116
required deposit.	13117

(3) When a jury trial is demanded in any civil action or	13118
proceeding, the party making the demand may be required to make an	13119
advance deposit as fixed by rule of court, unless, upon affidavit	13120
or other evidence, the court concludes that the party is unable to	13121
make the required deposit. If a jury is called, the fees of a jury	13122
shall be taxed as costs.	13123

(4) In any civil or criminal action or proceeding, witnesses'	13124
fees shall be fixed in accordance with sections 2335.06 and	13125
2335.08 of the Revised Code.	13126

(5) A reasonable charge for driving, towing, carting,	13127
storing, keeping, and preserving motor vehicles and other personal	13128
property recovered or seized in any proceeding may be taxed as	13129
part of the costs in a trial of the cause, in an amount that shall	13130
be fixed by rule of court.	13131

(6) Chattel property seized under any writ or process issued	13132
by the court shall be preserved pending final disposition for the	13133
benefit of all persons interested and may be placed in storage	13134
when necessary or proper for that preservation. The custodian of	13135
any chattel property so stored shall not be required to part with	13136
the possession of the property until a reasonable charge, to be	13137
fixed by the court, is paid.	13138

(7) The municipal court, as it determines, may refund all	13139
deposits and advance payments of fees and costs, including those	13140
for jurors and summoning jurors, when they have been paid by the	13141
losing party.	13142

(8) Charges for the publication of legal notices required by	13143
statute or order of court may be taxed as part of the costs, as	13144
provided by section 7.13 of the Revised Code.	13145

(B)(1) The municipal court may determine that, for the	13146
efficient operation of the court, additional funds are necessary	13147
to acquire and pay for special projects of the court including,	13148
but not limited to, the acquisition of additional facilities or	13149
the rehabilitation of existing facilities, the acquisition of	13150
equipment, the hiring and training of staff, community service	13151
programs, mediation or dispute resolution services, the employment	13152
of magistrates, the training and education of judges, acting	13153
judges, and magistrates, and other related services. Upon that	13154
determination, the court by rule may charge a fee, in addition to	13155
all other court costs, on the filing of each criminal cause, civil	13156
action or proceeding, or judgment by confession.	13157

If the municipal court offers a special program or service in	13158
cases of a specific type, the municipal court by rule may assess	13159
an additional charge in a case of that type, over and above court	13160
costs, to cover the special program or service. The municipal	13161
court shall adjust the special assessment periodically, but not	13162
retroactively, so that the amount assessed in those cases does not	13163
exceed the actual cost of providing the service or program.	13164

All moneys collected under division (B) of this section shall	13165
be paid to the county treasurer if the court is a county-operated	13166
municipal court or to the city treasurer if the court is not a	13167
county-operated municipal court for deposit into either a general	13168
special projects fund or a fund established for a specific special	13169
project. Moneys from a fund of that nature shall be disbursed upon	13170
an order of the court in an amount no greater than the actual cost	13171
to the court of a project. If a specific fund is terminated	13172
because of the discontinuance of a program or service established	13173
under division (B) of this section, the municipal court may order	13174
that moneys remaining in the fund be transferred to an account	13175
established under this division for a similar purpose.	13176

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

13177

(a) "Criminal cause" means a charge alleging the violation of	13178
a statute or ordinance, or subsection of a statute or ordinance,	13179
that requires a separate finding of fact or a separate plea before	13180
disposition and of which the defendant may be found guilty,	13181
whether filed as part of a multiple charge on a single summons,	13182
citation, or complaint or as a separate charge on a single	13183
summons, citation, or complaint. "Criminal cause" does not include	13184
separate violations of the same statute or ordinance, or	13185
subsection of the same statute or ordinance, unless each charge is	13186
filed on a separate summons, citation, or complaint.	13187

(b) "Civil action or proceeding" means any civil litigation	13188
that must be determined by judgment entry.	13189

(C) The municipal court shall collect in all its divisions	13190
except the small claims division the sum of ~~fifteen~~twenty-five	13191
dollars as additional filing fees in each new civil action or	13192
proceeding for the charitable public purpose of providing	13193
financial assistance to legal aid societies that operate within	13194
the state. The municipal court shall collect in its small claims	13195
division the sum of ~~seven~~ten dollars as additional filing fees in	13196
each new civil action or proceeding for the charitable public	13197
purpose of providing financial assistance to legal aid societies	13198
that operate within the state. This division does not apply to any	13199
execution on a judgment, proceeding in aid of execution, or other	13200
post-judgment proceeding arising out of a civil action. The filing	13201
fees required to be collected under this division shall be in	13202
addition to any other court costs imposed in the action or	13203
proceeding and shall be collected at the time of the filing of the	13204
action or proceeding. The court shall not waive the payment of the	13205
additional filing fees in a new civil action or proceeding unless	13206
the court waives the advanced payment of all filing fees in the	13207
action or proceeding. All such moneys collected during a month	13208
shall be transmitted on or before the ~~first business~~twentieth day	13209
of ~~each~~the following month by the clerk of the court to the	13210
treasurer of state in a manner prescribed by the treasurer of	13211
state or by the Ohio legal assistance foundation. The moneys then	13212
shall be deposited by the treasurer of state to the credit of the	13213
legal aid fund established under section 120.52 of the Revised	13214
Code.	13215

The court may retain up to one per cent of the moneys it	13216
collects under this division to cover administrative costs,	13217
including the hiring of any additional personnel necessary to	13218
implement this division.	13219

(D) In the Cleveland municipal court, reasonable charges for	13220
investigating titles of real estate to be sold or disposed of	13221
under any writ or process of the court may be taxed as part of the	13222
costs.	13223

(E) Under the circumstances described in sections 2969.21 to	13224
2969.27 of the Revised Code, the clerk of the municipal court	13225
shall charge the fees and perform the other duties specified in	13226
those sections.	13227

Sec. 1901.31. The clerk and deputy clerks of a municipal	13228
court shall be selected, be compensated, give bond, and have	13229
powers and duties as follows:	13230

(A) There shall be a clerk of the court who is appointed or	13231
elected as follows:	13232

(1)(a) Except in the Akron, Barberton, Cuyahoga Falls,	13233
~~Medina,~~ Toledo, Hamilton county, Portage county, and Wayne county	13234
municipal courts, if the population of the territory equals or	13235
exceeds one hundred thousand at the regular municipal election	13236
immediately preceding the expiration of the term of the present	13237
clerk, the clerk shall be nominated and elected by the qualified	13238
electors of the territory in the manner that is provided for the	13239
nomination and election of judges in section 1901.07 of the	13240
Revised Code.	13241

The clerk so elected shall hold office for a term of six	13242
years, which term shall commence on the first day of January	13243
following the clerk's election and continue until the clerk's	13244
successor is elected and qualified.	13245

(b) In the Hamilton county municipal court, the clerk of	13246
courts of Hamilton county shall be the clerk of the municipal	13247
court and may appoint an assistant clerk who shall receive the	13248
compensation, payable out of the treasury of Hamilton county in	13249
semimonthly installments, that the board of county commissioners	13250
prescribes. The clerk of courts of Hamilton county, acting as the	13251
clerk of the Hamilton county municipal court and assuming the	13252
duties of that office, shall receive compensation at one-fourth	13253
the rate that is prescribed for the clerks of courts of common	13254
pleas as determined in accordance with the population of the	13255
county and the rates set forth in sections 325.08 and 325.18 of	13256
the Revised Code. This compensation shall be paid from the county	13257
treasury in semimonthly installments and is in addition to the	13258
annual compensation that is received for the performance of the	13259
duties of the clerk of courts of Hamilton county, as provided in	13260
sections 325.08 and 325.18 of the Revised Code.	13261

(c) In the Portage county and Wayne county municipal courts,	13262
the clerks of courts of Portage county and Wayne county shall be	13263
the clerks, respectively, of the Portage county and Wayne county	13264
municipal courts and may appoint a chief deputy clerk for each	13265
branch that is established pursuant to section 1901.311 of the	13266
Revised Code and assistant clerks as the judges of the municipal	13267
court determine are necessary, all of whom shall receive the	13268
compensation that the legislative authority prescribes. The clerks	13269
of courts of Portage county and Wayne county, acting as the clerks	13270
of the Portage county and Wayne county municipal courts and	13271
assuming the duties of these offices, shall receive compensation	13272
payable from the county treasury in semimonthly installments at	13273
one-fourth the rate that is prescribed for the clerks of courts of	13274
common pleas as determined in accordance with the population of	13275
the county and the rates set forth in sections 325.08 and 325.18	13276
of the Revised Code.	13277

(d) Except as otherwise provided in division (A)(1)(d) of	13278
this section, in the Akron municipal court, candidates for	13279
election to the office of clerk of the court shall be nominated by	13280
primary election. The primary election shall be held on the day	13281
specified in the charter of the city of Akron for the nomination	13282
of municipal officers. Notwithstanding section 3513.257 of the	13283
Revised Code, the nominating petitions of independent candidates	13284
shall be signed by at least two hundred fifty qualified electors	13285
of the territory of the court.	13286

The candidates shall file a declaration of candidacy and	13287
petition, or a nominating petition, whichever is applicable, not	13288
later than four p.m. of the seventy-fifth day before the day of	13289
the primary election, in the form prescribed by section 3513.07 or	13290
3513.261 of the Revised Code. The declaration of candidacy and	13291
petition, or the nominating petition, shall conform to the	13292
applicable requirements of section 3513.05 or 3513.257 of the	13293
Revised Code.	13294

If no valid declaration of candidacy and petition is filed by	13295
any person for nomination as a candidate of a particular political	13296
party for election to the office of clerk of the Akron municipal	13297
court, a primary election shall not be held for the purpose of	13298
nominating a candidate of that party for election to that office.	13299
If only one person files a valid declaration of candidacy and	13300
petition for nomination as a candidate of a particular political	13301
party for election to that office, a primary election shall not be	13302
held for the purpose of nominating a candidate of that party for	13303
election to that office, and the candidate shall be issued a	13304
certificate of nomination in the manner set forth in section	13305
3513.02 of the Revised Code.	13306

Declarations of candidacy and petitions, nominating	13307
petitions, and certificates of nomination for the office of clerk	13308
of the Akron municipal court shall contain a designation of the	13309
term for which the candidate seeks election. At the following	13310
regular municipal election, all candidates for the office shall be	13311
submitted to the qualified electors of the territory of the court	13312
in the manner that is provided in section 1901.07 of the Revised	13313
Code for the election of the judges of the court. The clerk so	13314
elected shall hold office for a term of six years, which term	13315
shall commence on the first day of January following the clerk's	13316
election and continue until the clerk's successor is elected and	13317
qualified.	13318

(e) ~~Irrespective of the population of the territory of the~~	13319
~~Medina municipal court, the clerk of that court shall be appointed~~	13320
~~pursuant to division (A)(2)(a) of this section by the judges of~~	13321
~~that court, shall hold office until the clerk's successor is~~	13322
~~similarly appointed and qualified, and shall receive pursuant to~~	13323
~~division (C) of this section the annual compensation that the~~	13324
~~legislative authority prescribes and that is payable in~~	13325
~~semimonthly installments from the same sources and in the same~~	13326
~~manner as provided in section 1901.11 of the Revised Code.~~	13327

~~(f)~~ Except as otherwise provided in division (A)(1)~~(f)~~(e) of	13328
this section, in the Barberton municipal court, candidates for	13329
election to the office of clerk of the court shall be nominated by	13330
primary election. The primary election shall be held on the day	13331
specified in the charter of the city of Barberton for the	13332
nomination of municipal officers. Notwithstanding section 3513.257	13333
of the Revised Code, the nominating petitions of independent	13334
candidates shall be signed by at least two hundred fifty qualified	13335
electors of the territory of the court.	13336

The candidates shall file a declaration of candidacy and	13337
petition, or a nominating petition, whichever is applicable, not	13338
later than four p.m. of the seventy-fifth day before the day of	13339
the primary election, in the form prescribed by section 3513.07 or	13340
3513.261 of the Revised Code. The declaration of candidacy and	13341
petition, or the nominating petition, shall conform to the	13342
applicable requirements of section 3513.05 or 3513.257 of the	13343
Revised Code.	13344

If no valid declaration of candidacy and petition is filed by	13345
any person for nomination as a candidate of a particular political	13346
party for election to the office of clerk of the Barberton	13347
municipal court, a primary election shall not be held for the	13348
purpose of nominating a candidate of that party for election to	13349
that office. If only one person files a valid declaration of	13350
candidacy and petition for nomination as a candidate of a	13351
particular political party for election to that office, a primary	13352
election shall not be held for the purpose of nominating a	13353
candidate of that party for election to that office, and the	13354
candidate shall be issued a certificate of nomination in the	13355
manner set forth in section 3513.02 of the Revised Code.	13356

Declarations of candidacy and petitions, nominating	13357
petitions, and certificates of nomination for the office of clerk	13358
of the Barberton municipal court shall contain a designation of	13359
the term for which the candidate seeks election. At the following	13360
regular municipal election, all candidates for the office shall be	13361
submitted to the qualified electors of the territory of the court	13362
in the manner that is provided in section 1901.07 of the Revised	13363
Code for the election of the judges of the court. The clerk so	13364
elected shall hold office for a term of six years, which term	13365
shall commence on the first day of January following the clerk's	13366
election and continue until the clerk's successor is elected and	13367
qualified.	13368

~~(g)~~(f) Except as otherwise provided in division (A)(1)~~(g)~~(f)	13369
of this section, in the Cuyahoga Falls municipal court, candidates	13370
for election to the office of clerk of the court shall be	13371
nominated by primary election. The primary election shall be held	13372
on the day specified in the charter of the city of Cuyahoga Falls	13373
for the nomination of municipal officers. Notwithstanding section	13374
3513.257 of the Revised Code, the nominating petitions of	13375
independent candidates shall be signed by at least two hundred	13376
fifty qualified electors of the territory of the court.	13377

The candidates shall file a declaration of candidacy and	13378
petition, or a nominating petition, whichever is applicable, not	13379
later than four p.m. of the seventy-fifth day before the day of	13380
the primary election, in the form prescribed by section 3513.07 or	13381
3513.261 of the Revised Code. The declaration of candidacy and	13382
petition, or the nominating petition, shall conform to the	13383
applicable requirements of section 3513.05 or 3513.257 of the	13384
Revised Code.	13385

If no valid declaration of candidacy and petition is filed by	13386
any person for nomination as a candidate of a particular political	13387
party for election to the office of clerk of the Cuyahoga Falls	13388
municipal court, a primary election shall not be held for the	13389
purpose of nominating a candidate of that party for election to	13390
that office. If only one person files a valid declaration of	13391
candidacy and petition for nomination as a candidate of a	13392
particular political party for election to that office, a primary	13393
election shall not be held for the purpose of nominating a	13394
candidate of that party for election to that office, and the	13395
candidate shall be issued a certificate of nomination in the	13396
manner set forth in section 3513.02 of the Revised Code.	13397

Declarations of candidacy and petitions, nominating	13398
petitions, and certificates of nomination for the office of clerk	13399
of the Cuyahoga Falls municipal court shall contain a designation	13400
of the term for which the candidate seeks election. At the	13401
following regular municipal election, all candidates for the	13402
office shall be submitted to the qualified electors of the	13403
territory of the court in the manner that is provided in section	13404
1901.07 of the Revised Code for the election of the judges of the	13405
court. The clerk so elected shall hold office for a term of six	13406
years, which term shall commence on the first day of January	13407
following the clerk's election and continue until the clerk's	13408
successor is elected and qualified.	13409

~~(h)~~(g) Except as otherwise provided in division (A)(1)~~(h)~~(g)	13410
of this section, in the Toledo municipal court, candidates for	13411
election to the office of clerk of the court shall be nominated by	13412
primary election. The primary election shall be held on the day	13413
specified in the charter of the city of Toledo for the nomination	13414
of municipal officers. Notwithstanding section 3513.257 of the	13415
Revised Code, the nominating petitions of independent candidates	13416
shall be signed by at least two hundred fifty qualified electors	13417
of the territory of the court.	13418

The candidates shall file a declaration of candidacy and	13419
petition, or a nominating petition, whichever is applicable, not	13420
later than four p.m. of the seventy-fifth day before the day of	13421
the primary election, in the form prescribed by section 3513.07 or	13422
3513.261 of the Revised Code. The declaration of candidacy and	13423
petition, or the nominating petition, shall conform to the	13424
applicable requirements of section 3513.05 or 3513.257 of the	13425
Revised Code.	13426

If no valid declaration of candidacy and petition is filed by	13427
any person for nomination as a candidate of a particular political	13428
party for election to the office of clerk of the Toledo municipal	13429
court, a primary election shall not be held for the purpose of	13430
nominating a candidate of that party for election to that office.	13431
If only one person files a valid declaration of candidacy and	13432
petition for nomination as a candidate of a particular political	13433
party for election to that office, a primary election shall not be	13434
held for the purpose of nominating a candidate of that party for	13435
election to that office, and the candidate shall be issued a	13436
certificate of nomination in the manner set forth in section	13437
3513.02 of the Revised Code.	13438

Declarations of candidacy and petitions, nominating	13439
petitions, and certificates of nomination for the office of clerk	13440
of the Toledo municipal court shall contain a designation of the	13441
term for which the candidate seeks election. At the following	13442
regular municipal election, all candidates for the office shall be	13443
submitted to the qualified electors of the territory of the court	13444
in the manner that is provided in section 1901.07 of the Revised	13445
Code for the election of the judges of the court. The clerk so	13446
elected shall hold office for a term of six years, which term	13447
shall commence on the first day of January following the clerk's	13448
election and continue until the clerk's successor is elected and	13449
qualified.	13450

(2)(a) Except for the Alliance, Auglaize county, Brown	13451
county, Columbiana county, Lorain, Massillon, and Youngstown	13452
municipal courts, in a municipal court for which the population of	13453
the territory is less than one hundred thousand ~~and in the Medina~~	13454
~~municipal court~~, the clerk shall be appointed by the court, and	13455
the clerk shall hold office until the clerk's successor is	13456
appointed and qualified.	13457

(b) In the Alliance, Lorain, Massillon, and Youngstown	13458
municipal courts, the clerk shall be elected for a term of office	13459
as described in division (A)(1)(a) of this section.	13460

(c) In the Auglaize county and Brown county municipal courts,	13461
the clerks of courts of Auglaize county and Brown county shall be	13462
the clerks, respectively, of the Auglaize county and Brown county	13463
municipal courts and may appoint a chief deputy clerk for each	13464
branch that is established pursuant to section 1901.311 of the	13465
Revised Code, and assistant clerks as the judge of the court	13466
determines are necessary, all of whom shall receive the	13467
compensation that the legislative authority prescribes. The clerks	13468
of courts of Auglaize county and Brown county, acting as the	13469
clerks of the Auglaize county and Brown county municipal courts	13470
and assuming the duties of these offices, shall receive	13471
compensation payable from the county treasury in semimonthly	13472
installments at one-fourth the rate that is prescribed for the	13473
clerks of courts of common pleas as determined in accordance with	13474
the population of the county and the rates set forth in sections	13475
325.08 and 325.18 of the Revised Code.	13476

(d) In the Columbiana county municipal court, the clerk of	13477
courts of Columbiana county shall be the clerk of the municipal	13478
court, may appoint a chief deputy clerk for each branch office	13479
that is established pursuant to section 1901.311 of the Revised	13480
Code, and may appoint any assistant clerks that the judges of the	13481
court determine are necessary. All of the chief deputy clerks and	13482
assistant clerks shall receive the compensation that the	13483
legislative authority prescribes. The clerk of courts of	13484
Columbiana county, acting as the clerk of the Columbiana county	13485
municipal court and assuming the duties of that office, shall	13486
receive compensation payable from the county treasury in	13487
semimonthly installments at one-fourth the rate that is prescribed	13488
for the clerks of courts of common pleas as determined in	13489
accordance with the population of the county and the rates set	13490
forth in sections 325.08 and 325.18 of the Revised Code.	13491

(3) During the temporary absence of the clerk due to illness,	13492
vacation, or other proper cause, the court may appoint a temporary	13493
clerk, who shall be paid the same compensation, have the same	13494
authority, and perform the same duties as the clerk.	13495

(B) Except in the Hamilton county, ~~Medina,~~ Portage county,	13496
and Wayne county municipal courts, if a vacancy occurs in the	13497
office of the clerk of the Alliance, Lorain, Massillon, or	13498
Youngstown municipal court or occurs in the office of the clerk of	13499
a municipal court for which the population of the territory equals	13500
or exceeds one hundred thousand because the clerk ceases to hold	13501
the office before the end of the clerk's term or because a	13502
clerk-elect fails to take office, the vacancy shall be filled,	13503
until a successor is elected and qualified, by a person chosen by	13504
the residents of the territory of the court who are members of the	13505
county central committee of the political party by which the last	13506
occupant of that office or the clerk-elect was nominated. Not less	13507
than five nor more than fifteen days after a vacancy occurs, those	13508
members of that county central committee shall meet to make an	13509
appointment to fill the vacancy. At least four days before the	13510
date of the meeting, the chairperson or a secretary of the county	13511
central committee shall notify each such member of that county	13512
central committee by first class mail of the date, time, and place	13513
of the meeting and its purpose. A majority of all such members of	13514
that county central committee constitutes a quorum, and a majority	13515
of the quorum is required to make the appointment. If the office	13516
so vacated was occupied or was to be occupied by a person not	13517
nominated at a primary election, or if the appointment was not	13518
made by the committee members in accordance with this division,	13519
the court shall make an appointment to fill the vacancy. A	13520
successor shall be elected to fill the office for the unexpired	13521
term at the first municipal election that is held more than one	13522
hundred twenty days after the vacancy occurred.	13523

(C)(1) In a municipal court, other than the Auglaize county,	13524
the Brown county, the Columbiana county, and the Lorain municipal	13525
courts, for which the population of the territory is less than one	13526
hundred thousand ~~and in the Medina municipal court~~, the clerk of	13527
the municipal court shall receive the annual compensation that the	13528
presiding judge of the court prescribes, if the revenue of the	13529
court for the preceding calendar year, as certified by the auditor	13530
or chief fiscal officer of the municipal corporation in which the	13531
court is located or, in the case of a county-operated municipal	13532
court, the county auditor, is equal to or greater than the	13533
expenditures, including any debt charges, for the operation of the	13534
court payable under this chapter from the city treasury or, in the	13535
case of a county-operated municipal court, the county treasury for	13536
that calendar year, as also certified by the auditor or chief	13537
fiscal officer. If the revenue of a municipal court, other than	13538
the Auglaize county, the Brown county, the Columbiana county, and	13539
the Lorain municipal courts, for which the population of the	13540
territory is less than one hundred thousand ~~or the revenue of the~~	13541
~~Medina municipal court~~ for the preceding calendar year as so	13542
certified is not equal to or greater than those expenditures for	13543
the operation of the court for that calendar year as so certified,	13544
the clerk of a municipal court shall receive the annual	13545
compensation that the legislative authority prescribes. As used in	13546
this division, "revenue" means the total of all costs and fees	13547
that are collected and paid to the city treasury or, in a	13548
county-operated municipal court, the county treasury by the clerk	13549
of the municipal court under division (F) of this section and all	13550
interest received and paid to the city treasury or, in a	13551
county-operated municipal court, the county treasury in relation	13552
to the costs and fees under division (G) of this section.	13553

(2) In a municipal court, other than the Hamilton county,	13554
~~Medina,~~ Portage county, and Wayne county municipal courts, for	13555
which the population of the territory is one hundred thousand or	13556
more, and in the Lorain municipal court, the clerk of the	13557
municipal court shall receive annual compensation in a sum equal	13558
to eighty-five per cent of the salary of a judge of the court.	13559

(3) The compensation of a clerk described in division (C)(1)	13560
or (2) of this section is payable in semimonthly installments from	13561
the same sources and in the same manner as provided in section	13562
1901.11 of the Revised Code.	13563

(D) Before entering upon the duties of the clerk's office,	13564
the clerk of a municipal court shall give bond of not less than	13565
six thousand dollars to be determined by the judges of the court,	13566
conditioned upon the faithful performance of the clerk's duties.	13567

(E) The clerk of a municipal court may do all of the	13568
following: administer oaths, take affidavits, and issue executions	13569
upon any judgment rendered in the court, including a judgment for	13570
unpaid costs; issue, sign, and attach the seal of the court to all	13571
writs, process, subpoenas, and papers issuing out of the court;	13572
and approve all bonds, sureties, recognizances, and undertakings	13573
fixed by any judge of the court or by law. The clerk may refuse to	13574
accept for filing any pleading or paper submitted for filing by a	13575
person who has been found to be a vexatious litigator under	13576
section 2323.52 of the Revised Code and who has failed to obtain	13577
leave to proceed under that section. The clerk shall do all of the	13578
following: file and safely keep all journals, records, books, and	13579
papers belonging or appertaining to the court; record the	13580
proceedings of the court; perform all other duties that the judges	13581
of the court may prescribe; and keep a book showing all receipts	13582
and disbursements, which book shall be open for public inspection	13583
at all times.	13584

The clerk shall prepare and maintain a general index, a	13585
docket, and other records that the court, by rule, requires, all	13586
of which shall be the public records of the court. In the docket,	13587
the clerk shall enter, at the time of the commencement of an	13588
action, the names of the parties in full, the names of the	13589
counsel, and the nature of the proceedings. Under proper dates,	13590
the clerk shall note the filing of the complaint, issuing of	13591
summons or other process, returns, and any subsequent pleadings.	13592
The clerk also shall enter all reports, verdicts, orders,	13593
judgments, and proceedings of the court, clearly specifying the	13594
relief granted or orders made in each action. The court may order	13595
an extended record of any of the above to be made and entered,	13596
under the proper action heading, upon the docket at the request of	13597
any party to the case, the expense of which record may be taxed as	13598
costs in the case or may be required to be prepaid by the party	13599
demanding the record, upon order of the court.	13600

(F) The clerk of a municipal court shall receive, collect,	13601
and issue receipts for all costs, fees, fines, bail, and other	13602
moneys payable to the office or to any officer of the court. The	13603
clerk shall each month disburse to the proper persons or officers,	13604
and take receipts for, all costs, fees, fines, bail, and other	13605
moneys that the clerk collects. Subject to sections 3375.50 and	13606
4511.193 of the Revised Code and to any other section of the	13607
Revised Code that requires a specific manner of disbursement of	13608
any moneys received by a municipal court and except for the	13609
Hamilton county, Lawrence county, and Ottawa county municipal	13610
courts, the clerk shall pay all fines received for violation of	13611
municipal ordinances into the treasury of the municipal	13612
corporation the ordinance of which was violated and shall pay all	13613
fines received for violation of township resolutions adopted	13614
pursuant to Chapter 504. of the Revised Code into the treasury of	13615
the township the resolution of which was violated. Subject to	13616
sections 1901.024 and 4511.193 of the Revised Code, in the	13617
Hamilton county, Lawrence county, and Ottawa county municipal	13618
courts, the clerk shall pay fifty per cent of the fines received	13619
for violation of municipal ordinances and fifty per cent of the	13620
fines received for violation of township resolutions adopted	13621
pursuant to Chapter 504. of the Revised Code into the treasury of	13622
the county. Subject to sections 3375.50, 3375.53, 4511.19, and	13623
5503.04 of the Revised Code and to any other section of the	13624
Revised Code that requires a specific manner of disbursement of	13625
any moneys received by a municipal court, the clerk shall pay all	13626
fines collected for the violation of state laws into the county	13627
treasury. Except in a county-operated municipal court, the clerk	13628
shall pay all costs and fees the disbursement of which is not	13629
otherwise provided for in the Revised Code into the city treasury.	13630
The clerk of a county-operated municipal court shall pay the costs	13631
and fees the disbursement of which is not otherwise provided for	13632
in the Revised Code into the county treasury. Moneys deposited as	13633
security for costs shall be retained pending the litigation. The	13634
clerk shall keep a separate account of all receipts and	13635
disbursements in civil and criminal cases, which shall be a	13636
permanent public record of the office. On the expiration of the	13637
term of the clerk, the clerk shall deliver the records to the	13638
clerk's successor. The clerk shall have other powers and duties as	13639
are prescribed by rule or order of the court.	13640

(G) All moneys paid into a municipal court shall be noted on	13641
the record of the case in which they are paid and shall be	13642
deposited in a state or national bank, or a domestic savings and	13643
loan association, as defined in section 1151.01 of the Revised	13644
Code, that is selected by the clerk. Any interest received upon	13645
the deposits shall be paid into the city treasury, except that, in	13646
a county-operated municipal court, the interest shall be paid into	13647
the treasury of the county in which the court is located.	13648

On the first Monday in January of each year, the clerk shall	13649
make a list of the titles of all cases in the court that were	13650
finally determined more than one year past in which there remains	13651
unclaimed in the possession of the clerk any funds, or any part of	13652
a deposit for security of costs not consumed by the costs in the	13653
case. The clerk shall give notice of the moneys to the parties who	13654
are entitled to the moneys or to their attorneys of record. All	13655
the moneys remaining unclaimed on the first day of April of each	13656
year shall be paid by the clerk to the city treasurer, except	13657
that, in a county-operated municipal court, the moneys shall be	13658
paid to the treasurer of the county in which the court is located.	13659
The treasurer shall pay any part of the moneys at any time to the	13660
person who has the right to the moneys upon proper certification	13661
of the clerk.	13662

(H) Deputy clerks may be appointed by the clerk and shall	13663
receive the compensation, payable in semimonthly installments out	13664
of the city treasury, that the clerk may prescribe, except that	13665
the compensation of any deputy clerk of a county-operated	13666
municipal court shall be paid out of the treasury of the county in	13667
which the court is located. Each deputy clerk shall take an oath	13668
of office before entering upon the duties of the deputy clerk's	13669
office and, when so qualified, may perform the duties appertaining	13670
to the office of the clerk. The clerk may require any of the	13671
deputy clerks to give bond of not less than three thousand	13672
dollars, conditioned for the faithful performance of the deputy	13673
clerk's duties.	13674

(I) For the purposes of this section, whenever the population	13675
of the territory of a municipal court falls below one hundred	13676
thousand but not below ninety thousand, and the population of the	13677
territory prior to the most recent regular federal census exceeded	13678
one hundred thousand, the legislative authority of the municipal	13679
corporation may declare, by resolution, that the territory shall	13680
be considered to have a population of at least one hundred	13681
thousand.	13682

(J) The clerk or a deputy clerk shall be in attendance at all	13683
sessions of the municipal court, although not necessarily in the	13684
courtroom, and may administer oaths to witnesses and jurors and	13685
receive verdicts.	13686

Sec. 1907.24. (A) Subject to division (C) of this section, a	13687
county court shall fix and tax fees and costs as follows:	13688

(1) The county court shall require an advance deposit for the	13689
filing of any new civil action or proceeding when required by	13690
division (C) of this section and, in all other cases, shall	13691
establish a schedule of fees and costs to be taxed in any civil or	13692
criminal action or proceeding.	13693

(2) The county court by rule may require an advance deposit	13694
for the filing of a civil action or proceeding and publication	13695
fees as provided in section 2701.09 of the Revised Code. The court	13696
may waive an advance deposit requirement upon the presentation of	13697
an affidavit or other evidence that establishes that a party is	13698
unable to make the requisite deposit.	13699

(3) When a party demands a jury trial in a civil action or	13700
proceeding, the county court may require the party to make an	13701
advance deposit as fixed by rule of court, unless the court	13702
concludes, on the basis of an affidavit or other evidence	13703
presented by the party, that the party is unable to make the	13704
requisite deposit. If a jury is called, the county court shall tax	13705
the fees of a jury as costs.	13706

(4) In a civil or criminal action or proceeding, the county	13707
court shall fix the fees of witnesses in accordance with sections	13708
2335.06 and 2335.08 of the Revised Code.	13709

(5) A county court may tax as part of the costs in a trial of	13710
the cause, in an amount fixed by rule of court, a reasonable	13711
charge for driving, towing, carting, storing, keeping, and	13712
preserving motor vehicles and other personal property recovered or	13713
seized in a proceeding.	13714

(6) The court shall preserve chattel property seized under a	13715
writ or process issued by the court pending final disposition for	13716
the benefit of all interested persons. The court may place the	13717
chattel property in storage when necessary or proper for its	13718
preservation. The custodian of chattel property so stored shall	13719
not be required to part with the possession of the property until	13720
a reasonable charge, to be fixed by the court, is paid.	13721

(7) The county court, as it determines, may refund all	13722
deposits and advance payments of fees and costs, including those	13723
for jurors and summoning jurors, when they have been paid by the	13724
losing party.	13725

(8) The court may tax as part of costs charges for the	13726
publication of legal notices required by statute or order of	13727
court, as provided by section 7.13 of the Revised Code.	13728

(B)(1) The county court may determine that, for the efficient	13729
operation of the court, additional funds are necessary to acquire	13730
and pay for special projects of the court including, but not	13731
limited to, the acquisition of additional facilities or the	13732
rehabilitation of existing facilities, the acquisition of	13733
equipment, the hiring and training of staff, community service	13734
programs, mediation or dispute resolution services, the employment	13735
of magistrates, the training and education of judges, acting	13736
judges, and magistrates, and other related services. Upon that	13737
determination, the court by rule may charge a fee, in addition to	13738
all other court costs, on the filing of each criminal cause, civil	13739
action or proceeding, or judgment by confession.	13740

If the county court offers a special program or service in	13741
cases of a specific type, the county court by rule may assess an	13742
additional charge in a case of that type, over and above court	13743
costs, to cover the special program or service. The county court	13744
shall adjust the special assessment periodically, but not	13745
retroactively, so that the amount assessed in those cases does not	13746
exceed the actual cost of providing the service or program.	13747

All moneys collected under division (B) of this section shall	13748
be paid to the county treasurer for deposit into either a general	13749
special projects fund or a fund established for a specific special	13750
project. Moneys from a fund of that nature shall be disbursed upon	13751
an order of the court in an amount no greater than the actual cost	13752
to the court of a project. If a specific fund is terminated	13753
because of the discontinuance of a program or service established	13754
under division (B) of this section, the county court may order	13755
that moneys remaining in the fund be transferred to an account	13756
established under this division for a similar purpose.	13757

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

13758

(a) "Criminal cause" means a charge alleging the violation of	13759
a statute or ordinance, or subsection of a statute or ordinance,	13760
that requires a separate finding of fact or a separate plea before	13761
disposition and of which the defendant may be found guilty,	13762
whether filed as part of a multiple charge on a single summons,	13763
citation, or complaint or as a separate charge on a single	13764
summons, citation, or complaint. "Criminal cause" does not include	13765
separate violations of the same statute or ordinance, or	13766
subsection of the same statute or ordinance, unless each charge is	13767
filed on a separate summons, citation, or complaint.	13768

(b) "Civil action or proceeding" means any civil litigation	13769
that must be determined by judgment entry.	13770

(C) Subject to division (E) of this section, the county court	13771
shall collect in all its divisions except the small claims	13772
division the sum of ~~fifteen~~twenty-five dollars as additional	13773
filing fees in each new civil action or proceeding for the	13774
charitable public purpose of providing financial assistance to	13775
legal aid societies that operate within the state. Subject to	13776
division (E) of this section, the county court shall collect in	13777
its small claims division the sum of ~~seven~~ten dollars as	13778
additional filing fees in each new civil action or proceeding for	13779
the charitable public purpose of providing financial assistance to	13780
legal aid societies that operate within the state. This division	13781
does not apply to any execution on a judgment, proceeding in aid	13782
of execution, or other post-judgment proceeding arising out of a	13783
civil action. The filing fees required to be collected under this	13784
division shall be in addition to any other court costs imposed in	13785
the action or proceeding and shall be collected at the time of the	13786
filing of the action or proceeding. The court shall not waive the	13787
payment of the additional filing fees in a new civil action or	13788
proceeding unless the court waives the advanced payment of all	13789
filing fees in the action or proceeding. All such moneys collected	13790
during a month shall be transmitted on or before the twentieth day	13791
of the following month by the clerk of the court to the treasurer	13792
of state in a manner prescribed by the treasurer of state or by	13793
the Ohio legal assistance foundation. The moneys then shall be	13794
deposited by the treasurer of state to the credit of the legal aid	13795
fund established under section 120.52 of the Revised Code.	13796

The court may retain up to one per cent of the moneys it	13797
collects under this division to cover administrative costs,	13798
including the hiring of any additional personnel necessary to	13799
implement this division.	13800

(D) The county court shall establish by rule a schedule of	13801
fees for miscellaneous services performed by the county court or	13802
any of its judges in accordance with law. If judges of the court	13803
of common pleas perform similar services, the fees prescribed in	13804
the schedule shall not exceed the fees for those services	13805
prescribed by the court of common pleas.	13806

(E) Under the circumstances described in sections 2969.21 to	13807
2969.27 of the Revised Code, the clerk of the county court shall	13808
charge the fees and perform the other duties specified in those	13809
sections.	13810

Sec. 2113.041. (A) The administrator of the estate recovery	13811
program established pursuant to section 5111.11 of the Revised	13812
Code may present an affidavit to a financial institution	13813
requesting that the financial institution release account proceeds	13814
to recover the cost of services correctly provided to a medicaid	13815
recipient who is subject to the estate recovery program. The	13816
affidavit shall include all of the following information:	13817

(1) The name of the decedent;

13818

(2) The name of any person who gave notice that the decedent	13819
was a medicaid recipient and that person's relationship to the	13820
decedent;	13821

(3) The name of the financial institution;

13822

(4) The account number;

13823

(5) A description of the claim for estate recovery;

13824

(6) The amount of funds to be recovered.

13825

(B) A financial institution may release account proceeds to	13826
the administrator of the estate recovery program if all of the	13827
following apply:	13828

(1) The decedent held an account at the financial institution	13829
that was in the decedent's name only.	13830

(2) No estate has been, and it is reasonable to assume that	13831
no estate will be, opened for the decedent.	13832

(3) The decedent has no outstanding debts known to the	13833
administrator of the estate recovery program.	13834

(4) The financial institution has received no objections or	13835
has determined that no valid objections to release of proceeds	13836
have been received.	13837

(C) If proceeds have been released pursuant to division (B)	13838
of this section and the department of job and family services	13839
receives notice of a valid claim to the proceeds that has a higher	13840
priority under section 2117.25 of the Revised Code than the claim	13841
of the estate recovery program, the department may refund the	13842
proceeds to the financial institution or pay them to the person or	13843
government entity with the claim.	13844

Sec. 2151.282. (A) There is hereby created the Ohio court	13845
appointed special advocate/guardian ad litem (CASA/GAL) study	13846
committee consisting of five members. One member shall be a	13847
representative of the Ohio court appointed special	13848
advocate/guardian ad litem association appointed by the governor	13849
and shall be the chairperson of the committee. One member shall be	13850
a member of the Ohio juvenile judges association, appointed by the	13851
president of the senate. One member shall be a member of the Ohio	13852
state bar association appointed by the speaker of the house of	13853
representatives. One member shall be a representative of the	13854
office of the state public defender appointed by the minority	13855
leader of the senate. One member shall be a representative of the	13856
Ohio county commissioner's association appointed by the minority	13857
leader of the house of representatives. The members of the	13858
committee shall be appointed within sixty days after the effective	13859
date of this section. The committee shall do all of the following:	13860

(1) Compile available public data associated with state and	13861
local costs of advocating on behalf of children who have been	13862
found to be abused, neglected, or dependent children;	13863

(2) Examine the costs in counties that have established and	13864
operated an Ohio CASA/GAL association program, and the costs in	13865
counties that utilize the county public defender, joint county	13866
public defender, or court-appointed counsel, to advocate on behalf	13867
of children who have been found to be abused, neglected, or	13868
dependent children;	13869

(3) Analyze the total cost of advocating on behalf of	13870
children who have been found to be abused, neglected, or dependent	13871
children on a per county basis and a per child served basis;	13872

(4) Analyze the cost benefit of having an Ohio CASA/GAL	13873
association versus utilizing the county public defender, joint	13874
county public defender, or court-appointed counsel to advocate on	13875
behalf of children who have been found to be abused, neglected, or	13876
dependent children;	13877

(5) Analyze the advocacy services provided to abused	13878
children, neglected children, or dependent children by Ohio	13879
CASA/GAL association programs versus the advocacy services	13880
provided to abused, neglected, or dependent children by county	13881
public defenders, joint county public defenders, or	13882
court-appointed counsel.	13883

(B) The Ohio CASA/GAL association shall provide staff for the	13884
Ohio CASA/GAL study committee and shall pay for any expenses	13885
incurred by the study committee. The study committee shall meet	13886
within thirty days after the appointment of the members to the	13887
study committee.	13888

(C) The Ohio CASA/GAL study committee shall prepare a report	13889
containing all relevant data and information that division (A) of	13890
this section requires the study committee to compile, examine, and	13891
analyze. The Ohio CASA/GAL study committee shall deliver a final	13892
copy of the report to the governor, the speaker of the house of	13893
representatives, and the president of the senate on or before July	13894
1, 2007.	13895

Sec. 2151.352. A child, or the child's parents,or	13896
custodian, or any other person in loco parentis of ~~such~~the child	13897
is entitled to representation by legal counsel at all stages of	13898
the proceedings under this chapter or Chapter 2152. of the Revised	13899
Code ~~and if~~. If, as an indigent person, ~~any such person~~a party is	13900
unable to employ counsel, the party is entitled to have counsel	13901
provided for the person pursuant to Chapter 120. of the Revised	13902
Code except in civil matters in which the juvenile court is	13903
exercising jurisdiction pursuant to division (A)(2), (3), (9),	13904
(10), (11), (12), or (13); (B)(2), (3), (4), (5), or (6); (C);	13905
(D); or (F)(1) or (2) of section 2151.23 of the Revised Code. If a	13906
party appears without counsel, the court shall ascertain whether	13907
the party knows of the party's right to counsel and of the party's	13908
right to be provided with counsel if the party is an indigent	13909
person. The court may continue the case to enable a party to	13910
obtain counsel or, to be represented by the county public defender	13911
or the joint county public defender ~~and shall provide~~, or to be	13912
appointed counsel upon request pursuant to Chapter 120. of the	13913
Revised Code. Counsel must be provided for a child not represented	13914
by the child's parent, guardian, or custodian. If the interests of	13915
two or more such parties conflict, separate counsel shall be	13916
provided for each of them.	13917

Section 2935.14 of the Revised Code applies to any child	13918
taken into custody. The parents, custodian, or guardian of such	13919
child, and any attorney at law representing them or the child,	13920
shall be entitled to visit such child at any reasonable time, be	13921
present at any hearing involving the child, and be given	13922
reasonable notice of such hearing.	13923

Any report or part thereof concerning such child, which is	13924
used in the hearing and is pertinent thereto, shall for good cause	13925
shown be made available to any attorney at law representing such	13926
child and to any attorney at law representing the parents,	13927
custodian, or guardian of such child, upon written request prior	13928
to any hearing involving such child.	13929

Sec. 2151.416. (A) Each agency that is required by section	13930
2151.412 of the Revised Code to prepare a case plan for a child	13931
shall complete a semiannual administrative review of the case plan	13932
no later than six months after the earlier of the date on which	13933
the complaint in the case was filed or the child was first placed	13934
in shelter care. After the first administrative review, the agency	13935
shall complete semiannual administrative reviews no later than	13936
every six months. If the court issues an order pursuant to section	13937
2151.414 or 2151.415 of the Revised Code, the agency shall	13938
complete an administrative review no later than six months after	13939
the court's order and continue to complete administrative reviews	13940
no later than every six months after the first review, except that	13941
the court hearing held pursuant to section 2151.417 of the Revised	13942
Code may take the place of any administrative review that would	13943
otherwise be held at the time of the court hearing. When	13944
conducting a review, the child's health and safety shall be the	13945
paramount concern.	13946

(B) Each administrative review required by division (A) of	13947
this section shall be conducted by a review panel of at least	13948
three persons, including, but not limited to, both of the	13949
following:	13950

(1) A caseworker with day-to-day responsibility for, or	13951
familiarity with, the management of the child's case plan;	13952

(2) A person who is not responsible for the management of the	13953
child's case plan or for the delivery of services to the child or	13954
the parents, guardian, or custodian of the child.	13955

(C) Each semiannual administrative review shall include, but	13956
not be limited to, a joint meeting by the review panel with the	13957
parents, guardian, or custodian of the child, the guardian ad	13958
litem of the child, and the child's foster care provider and shall	13959
include an opportunity for those persons to submit any written	13960
materials to be included in the case record of the child. If a	13961
parent, guardian, custodian, guardian ad litem, or foster care	13962
provider of the child cannot be located after reasonable efforts	13963
to do so or declines to participate in the administrative review	13964
after being contacted, the agency does not have to include them in	13965
the joint meeting.	13966

(D) The agency shall prepare a written summary of the	13967
semiannual administrative review that shall include, but not be	13968
limited to, all of the following:	13969

(1) A conclusion regarding the safety and appropriateness of	13970
the child's foster care placement;	13971

(2) The extent of the compliance with the case plan of all	13972
parties;	13973

(3) The extent of progress that has been made toward	13974
alleviating the circumstances that required the agency to assume	13975
temporary custody of the child;	13976

(4) An estimated date by which the child may be returned to	13977
and safely maintained in the child's home or placed for adoption	13978
or legal custody;	13979

(5) An updated case plan that includes any changes that the	13980
agency is proposing in the case plan;	13981

(6) The recommendation of the agency as to which agency or	13982
person should be given custodial rights over the child for the	13983
six-month period after the administrative review;	13984

(7) The names of all persons who participated in the	13985
administrative review.	13986

(E) The agency shall file the summary with the court no later	13987
than seven days after the completion of the administrative review.	13988
If the agency proposes a change to the case plan as a result of	13989
the administrative review, the agency shall file the proposed	13990
change with the court at the time it files the summary. The agency	13991
shall give notice of the summary and proposed change in writing	13992
before the end of the next day after filing them to all parties	13993
and the child's guardian ad litem. All parties and the guardian ad	13994
litem shall have seven days after the date the notice is sent to	13995
object to and request a hearing on the proposed change.	13996

(1) If the court receives a timely request for a hearing, the	13997
court shall schedule a hearing pursuant to section 2151.417 of the	13998
Revised Code to be held not later than thirty days after the court	13999
receives the request. The court shall give notice of the date,	14000
time, and location of the hearing to all parties and the guardian	14001
ad litem. The agency may implement the proposed change after the	14002
hearing, if the court approves it. The agency shall not implement	14003
the proposed change unless it is approved by the court.	14004

(2) If the court does not receive a timely request for a	14005
hearing, the court may approve the proposed change without a	14006
hearing. If the court approves the proposed change without a	14007
hearing, it shall journalize the case plan with the change not	14008
later than fourteen days after the change is filed with the court.	14009
If the court does not approve the proposed change to the case	14010
plan, it shall schedule a review hearing to be held pursuant to	14011
section 2151.417 of the Revised Code no later than thirty days	14012
after the expiration of the fourteen-day time period and give	14013
notice of the date, time, and location of the hearing to all	14014
parties and the guardian ad litem of the child. If, despite the	14015
requirements of this division and division (D) of section 2151.417	14016
of the Revised Code, the court neither approves and journalizes	14017
the proposed change nor conducts a hearing, the agency may	14018
implement the proposed change not earlier than fifteen days after	14019
it is submitted to the court.	14020

(F) The director of job and family services may adopt rules	14021
pursuant to Chapter 119. of the Revised Code for procedures and	14022
standard forms for conducting administrative reviews pursuant to	14023
this section.	14024

(G) The juvenile court that receives the written summary of	14025
the administrative review, upon determining, either from the	14026
written summary, case plan, or otherwise, that the custody or care	14027
arrangement is not in the best interest of the child, may	14028
terminate the custody of an agency and place the child in the	14029
custody of another institution or association certified by the	14030
department of job and family services under section 5103.03 of the	14031
Revised Code.	14032

(H) The department of job and family services shall report	14033
annually to the public and to the general assembly on the results	14034
of the review of case plans of each agency ~~and on the results of~~	14035
~~the summaries submitted to the department under section 3107.10 of~~	14036
~~the Revised Code~~. The annual report shall include any information	14037
that is required by the department, including, but not limited to,	14038
all of the following:	14039

(1) A statistical analysis of the administrative reviews	14040
conducted pursuant to this section and section 2151.417 of the	14041
Revised Code;	14042

(2) The number of children in temporary or permanent custody	14043
for whom an administrative review was conducted, the number of	14044
children whose custody status changed during the period, the	14045
number of children whose residential placement changed during the	14046
period, and the number of residential placement changes for each	14047
child during the period;	14048

(3) An analysis of the utilization of public social services	14049
by agencies and parents or guardians, and the utilization of the	14050
adoption listing service of the department pursuant to section	14051
5103.154 of the Revised Code;	14052

~~(4) A compilation and analysis of data submitted to the~~	14053
~~department under section 3107.10 of the Revised Code~~.	14054

Sec. 2151.652. A joint board of county commissioners that has	14055
organized a district for the establishment and support of a	14056
school, forestry camp, or other facility or facilities under	14057
section 2151.65 of the Revised Code shall approve all contracts	14058
entered into by or on behalf of the district and shall approve the	14059
district's annual budget. The joint board of county commissioners	14060
has exclusive authority to retain legal counsel for the district.	14061

Sec. 2152.43. (A) A board of county commissioners that	14062
provides a detention facility and the board of trustees of a	14063
district detention facility may apply to the department of youth	14064
services under section 5139.281 of the Revised Code for assistance	14065
in defraying the cost of operating and maintaining the facility.	14066
The application shall be made on forms prescribed and furnished by	14067
the department.	14068

The board of county commissioners of each county that	14069
participates in a district detention facility may apply to the	14070
department of youth services for assistance in defraying the	14071
county's share of the cost of acquisition or construction of the	14072
facility, as provided in section 5139.271 of the Revised Code.	14073
Application shall be made in accordance with rules adopted by the	14074
department. No county shall be reimbursed for expenses incurred in	14075
the acquisition or construction of a district detention facility	14076
that serves a district having a population of less than one	14077
hundred thousand.	14078

(B)(1) The joint boards of county commissioners of district	14079
detention facilities shall defray all necessary expenses of the	14080
facility not paid from funds made available under section 5139.281	14081
of the Revised Code, through annual assessments of taxes, through	14082
gifts, or through other means.	14083

If any county withdraws from a district under division (D) of	14084
section 2152.41 of the Revised Code, it shall continue to have	14085
levied against its tax duplicate any tax levied by the district	14086
during the period in which the county was a member of the district	14087
for current operating expenses, permanent improvements, or the	14088
retirement of bonded indebtedness. The levy shall continue to be a	14089
levy against the tax duplicate of the county until the time that	14090
it expires or is renewed.	14091

(2) The current expenses of maintaining the facility not paid	14092
from funds made available under section 5139.281 of the Revised	14093
Code or division (C) of this section, and the cost of ordinary	14094
repairs to the facility, shall be paid by each county in	14095
accordance with one of the following methods as approved by the	14096
joint board of county commissioners:	14097

(a) In proportion to the number of children from that county	14098
who are maintained in the facility during the year;	14099

(b) By a levy submitted by the joint board of county	14100
commissioners under division (A) of section 5705.19 of the Revised	14101
Code and approved by the electors of the district;	14102

(c) In proportion to the taxable property of each county, as	14103
shown by its tax duplicate;	14104

(d) In any ~~combination of the methods for payment described~~	14105
~~in division (B)(2)(a), (b), or (c) of this section~~other method	14106
agreed upon by unanimous vote of the joint board of county	14107
commissioners.	14108

(C) When any person donates or bequeaths any real or personal	14109
property to a county or district detention facility, the juvenile	14110
court or the trustees of the facility may accept and use the gift,	14111
consistent with the best interest of the institution and the	14112
conditions of the gift.	14113

Sec. 2152.44. (A) As soon as practical after the	14114
organization of the joint board of county commissioners as	14115
provided by section 2152.41 of the Revised Code, the joint board	14116
shall appoint a board of not less than five trustees. The board	14117
shall hold office until the first annual meeting after the choice	14118
of an established site and buildings, or after the selection and	14119
purchase of a building site. At that time, the joint board of	14120
county commissioners shall appoint a board of not less than five	14121
trustees, one of whom shall hold office for a term of one year,	14122
one for a term of two years, one for a term of three years, half	14123
of the remaining number for a term of four years, and the	14124
remainder for a term of five years. Annually thereafter, the joint	14125
board of county commissioners shall appoint one or more trustees,	14126
each of whom shall hold office for a term of five years, to	14127
succeed the trustee or trustees whose term of office expires. A	14128
trustee may be appointed to successive terms. Any person appointed	14129
as a trustee shall be recommended and approved by the juvenile	14130
court judge or judges of the county of which the person resides.	14131

At least one trustee shall reside in each county in the	14132
district. In districts composed of two counties, each county shall	14133
be entitled to not less than two trustees. In districts composed	14134
of more than four counties, the number of trustees shall be	14135
sufficiently increased, provided that there shall always be an	14136
uneven number of trustees on the board. The county in which a	14137
district detention facility is located shall have not less than	14138
two trustees, who, in the interim period between the regular	14139
meetings of the trustees, shall act as an executive committee in	14140
the discharge of all business pertaining to the facility.	14141

The joint board of county commissioners may remove any	14142
trustee for good cause. The trustee appointed to fill any vacancy	14143
shall hold the office for the unexpired term of the predecessor	14144
trustee.	14145

(B) The annual meeting of the board of trustees shall be held	14146
on the first Tuesday in May in each year.	14147

A majority of the board constitutes a quorum. Other board	14148
meetings shall be held at least quarterly. The juvenile court	14149
judge of each county of the district, or the judge's designee,	14150
shall attend the meetings. The members of the board shall receive	14151
no compensation for their services, except their actual and	14152
necessary expenses. The treasurer shall pay the member's traveling	14153
expenses when properly certified.	14154

(C) When the board of trustees does not choose an established	14155
institution in one of the counties of the district, it may select	14156
a suitable site for the erection of a district detention facility.	14157
The site must be easily accessible, conducive to health, economy	14158
in purchasing or in building, and the general interest of the	14159
facility and its residents, and be as near as practicable to the	14160
geographical center of the district.	14161

In the interim between the selection and purchase of a site,	14162
and the erection and occupancy of the district detention facility,	14163
the joint board of county commissioners provided under section	14164
~~2151.41~~2152.41 of the Revised Code may delegate to the board of	14165
trustees any powers and duties that, in its judgment, will be of	14166
general interest or aid to the institution. The joint board of	14167
county commissioners may appropriate a trustees' fund, to be	14168
expended by the trustees for contracts, purchases, or other	14169
necessary expenses of the facility. The trustees shall make a	14170
complete settlement with the joint board of county commissioners	14171
once each six months, or quarterly if required, and shall make to	14172
the board of county commissioners and to the juvenile court of	14173
each of the counties a full report of the condition of the	14174
facility and residents.	14175

(D) The choice of an established site and buildings, or the	14176
purchase of a site, stock, implements, and general farm equipment,	14177
should there be a farm, the erection of buildings, and the	14178
completion and furnishing of the district detention facility for	14179
occupancy, shall be in the hands of the joint board of county	14180
commissioners organized under section 2152.41 of the Revised Code.	14181
The joint board of county commissioners may delegate all or a	14182
portion of these duties to the board of trustees, under any	14183
restrictions that the joint board of county commissioners imposes.	14184

When an established site and buildings are used for a	14185
district detention facility, the joint board of county	14186
commissioners shall cause the value of that site and those	14187
buildings to be properly appraised. This appraisal value, or in	14188
case of the purchase of a site, the purchase price and the cost of	14189
all improvements thereto, shall be paid by the counties comprising	14190
the district, in proportion to the taxable property of each	14191
county, as shown by its tax duplicate.	14192

(E) Once a district is established, the trustees shall	14193
operate, maintain, and manage the facility as provided in sections	14194
2152.41 to 2152.43 of the Revised Code.	14195

(F) A joint board of county commissioners that has organized	14196
a district for the establishment and support of a detention	14197
facility under section 2152.41 of the Revised Code shall approve	14198
all contracts entered into by or on behalf of the district and	14199
shall approve the district's annual budget. The joint board of	14200
county commissioners has exclusive authority to retain legal	14201
counsel for the district.	14202

Sec. 2152.74. (A) As used in this section, "DNA analysis"	14203
and "DNA specimen" have the same meanings as in section 109.573 of	14204
the Revised Code.	14205

(B)(1) A child who is adjudicated a delinquent child for	14206
committing an act listed in division (D) of this section and who	14207
is committed to the custody of the department of youth services,	14208
placed in a detention facility or district detention facility	14209
pursuant to division (A)(3) of section 2152.19 of the Revised	14210
Code, or placed in a school, camp, institution, or other facility	14211
for delinquent children described in division (A)(2) of section	14212
2152.19 of the Revised Code shall submit to a DNA specimen	14213
collection procedure administered by the director of youth	14214
services if committed to the department or by the chief	14215
administrative officer of the detention facility, district	14216
detention facility, school, camp, institution, or other facility	14217
for delinquent children to which the child was committed or in	14218
which the child was placed. If the court commits the child to the	14219
department of youth services, the director of youth services shall	14220
cause the DNA specimen to be collected from the child during the	14221
intake process at an institution operated by or under the control	14222
of the department. If the court commits the child to or places the	14223
child in a detention facility, district detention facility,	14224
school, camp, institution, or other facility for delinquent	14225
children, the chief administrative officer of the detention	14226
facility, district detention facility, school, camp, institution,	14227
or facility to which the child is committed or in which the child	14228
is placed shall cause the DNA specimen to be collected from the	14229
child during the intake process for the detention facility,	14230
district detention facility, school, camp, institution, or	14231
facility. In accordance with division (C) of this section, the	14232
director or the chief administrative officer shall cause the DNA	14233
specimen to be forwarded to the bureau of criminal identification	14234
and investigation no later than fifteen days after the date of the	14235
collection of the DNA specimen. The DNA specimen shall be	14236
collected from the child in accordance with division (C) of this	14237
section.	14238

(2) If a child is adjudicated a delinquent child for	14239
committing an act listed in division (D) of this section, is	14240
committed to or placed in the department of youth services, a	14241
detention facility or district detention facility, or a school,	14242
camp, institution, or other facility for delinquent children, and	14243
does not submit to a DNA specimen collection procedure pursuant to	14244
division (B)(1) of this section, prior to the child's release from	14245
the custody of the department of youth services, from the custody	14246
of the detention facility or district detention facility, or from	14247
the custody of the school, camp, institution, or facility, the	14248
child shall submit to, and the director of youth services or the	14249
chief administrator of the detention facility, district detention	14250
facility, school, camp, institution, or facility to which the	14251
child is committed or in which the child was placed shall	14252
administer, a DNA specimen collection procedure at the institution	14253
operated by or under the control of the department of youth	14254
services or at the detention facility, district detention	14255
facility, school, camp, institution, or facility to which the	14256
child is committed or in which the child was placed. In accordance	14257
with division (C) of this section, the director or the chief	14258
administrative officer shall cause the DNA specimen to be	14259
forwarded to the bureau of criminal identification and	14260
investigation no later than fifteen days after the date of the	14261
collection of the DNA specimen. The DNA specimen shall be	14262
collected in accordance with division (C) of this section.	14263

(C) If the DNA specimen is collected by withdrawing blood	14264
from the child or a similarly invasive procedure, a physician,	14265
registered nurse, licensed practical nurse, duly licensed clinical	14266
laboratory technician, or other qualified medical practitioner	14267
shall collect in a medically approved manner the DNA specimen	14268
required to be collected pursuant to division (B) of this section.	14269
If the DNA specimen is collected by swabbing for buccal cells or a	14270
similarly noninvasive procedure, this section does not require	14271
that the DNA specimen be collected by a qualified medical	14272
practitioner of that nature. No later than fifteen days after the	14273
date of the collection of the DNA specimen, the director of youth	14274
services or the chief administrative officer of the detention	14275
facility, district detention facility, school, camp, institution,	14276
or other facility for delinquent children to which the child is	14277
committed or in which the child was placed shall cause the DNA	14278
specimen to be forwarded to the bureau of criminal identification	14279
and investigation in accordance with procedures established by the	14280
superintendent of the bureau under division (H) of section 109.573	14281
of the Revised Code. The bureau shall provide the specimen vials,	14282
mailing tubes, labels, postage, and instruction needed for the	14283
collection and forwarding of the DNA specimen to the bureau.	14284

(D) The director of youth services and the chief	14285
administrative officer of a detention facility, district detention	14286
facility, school, camp, institution, or other facility for	14287
delinquent children shall cause a DNA specimen to be collected in	14288
accordance with divisions (B) and (C) of this section from each	14289
child in its custody who is adjudicated a delinquent child for	14290
committing any of the following acts:	14291

(1) A violation of section 2903.01, 2903.02, 2903.11,	14292
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or	14293
2911.12 of the Revised Code;	14294

(2) A violation of section 2907.12 of the Revised Code as it	14295
existed prior to September 3, 1996;	14296

(3) An attempt to commit a violation of section 2903.01,	14297
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	14298
commit a violation of section 2907.12 of the Revised Code as it	14299
existed prior to September 3, 1996;	14300

(4) A violation of any law that arose out of the same facts	14301
and circumstances and same act as did a charge against the child	14302
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	14303
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	14304
was dismissed or amended or as did a charge against the child of a	14305
violation of section 2907.12 of the Revised Code as it existed	14306
prior to September 3, 1996, that previously was dismissed or	14307
amended;	14308

(5) A violation of section 2905.02 or 2919.23 of the Revised	14309
Code that would have been a violation of section 2905.04 of the	14310
Revised Code as it existed prior to July 1, 1996, had the	14311
violation been committed prior to that date;	14312

(6) A felony violation of any law that arose out of the same	14313
facts and circumstances and same act as did a charge against the	14314
child of a violation of section 2903.11, 2911.01, 2911.02, or	14315
2911.12 of the Revised Code that previously was dismissed or	14316
amended;	14317

(7) A violation of section 2923.01 of the Revised Code	14318
involving a conspiracy to commit a violation of section 2903.01,	14319
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	14320
Revised Code;	14321

(8) A violation of section 2923.03 of the Revised Code	14322
involving complicity in committing a violation of section 2903.01,	14323
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	14324
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	14325
violation of section 2907.12 of the Revised Code as it existed	14326
prior to September 3, 1996.	14327

(E) The director of youth services and the chief	14328
administrative officer of a detention facility, district detention	14329
facility, school, camp, institution, or other facility for	14330
delinquent children is not required to comply with this section in	14331
relation to the following acts until the superintendent of the	14332
bureau of criminal identification and investigation gives agencies	14333
in the juvenile justice system, as defined in section ~~181.51~~	14334
5502.61 of the Revised Code, in the state official notification	14335
that the state DNA laboratory is prepared to accept DNA specimens	14336
of that nature:	14337

(1) A violation of section 2903.11, 2911.01, 2911.02, or	14338
2911.12 of the Revised Code;	14339

(2) An attempt to commit a violation of section 2903.01 or	14340
2903.02 of the Revised Code;	14341

(3) A felony violation of any law that arose out of the same	14342
facts and circumstances and same act as did a charge against the	14343
child of a violation of section 2903.11, 2911.01, 2911.02, or	14344
2911.12 of the Revised Code that previously was dismissed or	14345
amended;	14346

(4) A violation of section 2923.01 of the Revised Code	14347
involving a conspiracy to commit a violation of section 2903.01,	14348
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	14349
Revised Code;	14350

(5) A violation of section 2923.03 of the Revised Code	14351
involving complicity in committing a violation of section 2903.01,	14352
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	14353
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	14354
violation of section 2907.12 of the Revised Code as it existed	14355
prior to September 3, 1996.	14356

Sec. 2303.201. (A)(1) The court of common pleas of any	14357
county may determine that for the efficient operation of the court	14358
additional funds are required to computerize the court, to make	14359
available computerized legal research services, or to do both.	14360
Upon making a determination that additional funds are required for	14361
either or both of those purposes, the court shall authorize and	14362
direct the clerk of the court of common pleas to charge one	14363
additional fee, not to exceed three dollars, on the filing of each	14364
cause of action or appeal under divisions (A), (Q), and (U) of	14365
section 2303.20 of the Revised Code.	14366

(2) All fees collected under division (A)(1) of this section	14367
shall be paid to the county treasurer. The treasurer shall place	14368
the funds from the fees in a separate fund to be disbursed, upon	14369
an order of the court, in an amount not greater than the actual	14370
cost to the court of procuring and maintaining computerization of	14371
the court, computerized legal research services, or both.	14372

(3) If the court determines that the funds in the fund	14373
described in division (A)(2) of this section are more than	14374
sufficient to satisfy the purpose for which the additional fee	14375
described in division (A)(1) of this section was imposed, the	14376
court may declare a surplus in the fund and expend those surplus	14377
funds for other appropriate technological expenses of the court.	14378

(B)(1) The court of common pleas of any county may determine	14379
that, for the efficient operation of the court, additional funds	14380
are required to computerize the office of the clerk of the court	14381
of common pleas and, upon that determination, authorize and direct	14382
the clerk of the court of common pleas to charge an additional	14383
fee, not to exceed ten dollars, on the filing of each cause of	14384
action or appeal, on the filing, docketing, and endorsing of each	14385
certificate of judgment, or on the docketing and indexing of each	14386
aid in execution or petition to vacate, revive, or modify a	14387
judgment under divisions (A), (P), (Q), (T), and (U) of section	14388
2303.20 of the Revised Code. Subject to division (B)(2) of this	14389
section, all moneys collected under division (B)(1) of this	14390
section shall be paid to the county treasurer to be disbursed,	14391
upon an order of the court of common pleas and subject to	14392
appropriation by the board of county commissioners, in an amount	14393
no greater than the actual cost to the court of procuring and	14394
maintaining computer systems for the office of the clerk of the	14395
court of common pleas.	14396

(2) If the court of common pleas of a county makes the	14397
determination described in division (B)(1) of this section, the	14398
board of county commissioners of that county may issue one or more	14399
general obligation bonds for the purpose of procuring and	14400
maintaining the computer systems for the office of the clerk of	14401
the court of common pleas. In addition to the purposes stated in	14402
division (B)(1) of this section for which the moneys collected	14403
under that division may be expended, the moneys additionally may	14404
be expended to pay debt charges on and financing costs related to	14405
any general obligation bonds issued pursuant to division (B)(2) of	14406
this section as they become due. General obligation bonds issued	14407
pursuant to division (B)(2) of this section are Chapter 133.	14408
securities.	14409

(C) The court of common pleas shall collect the sum of	14410
~~fifteen~~twenty-five dollars as additional filing fees in each new	14411
civil action or proceeding for the charitable public purpose of	14412
providing financial assistance to legal aid societies that operate	14413
within the state. This division does not apply to proceedings	14414
concerning annulments, dissolutions of marriage, divorces, legal	14415
separation, spousal support, marital property or separate property	14416
distribution, support, or other domestic relations matters; to a	14417
juvenile division of a court of common pleas; to a probate	14418
division of a court of common pleas, except that the additional	14419
filing fees shall apply to name change, guardianship, ~~and~~	14420
adoption, and decedents' estate proceedings; or to an execution on	14421
a judgment, proceeding in aid of execution, or other post-judgment	14422
proceeding arising out of a civil action. The filing fees required	14423
to be collected under this division shall be in addition to any	14424
other filing fees imposed in the action or proceeding and shall be	14425
collected at the time of the filing of the action or proceeding.	14426
The court shall not waive the payment of the additional filing	14427
fees in a new civil action or proceeding unless the court waives	14428
the advanced payment of all filing fees in the action or	14429
proceeding. All such moneys collected during a month shall be	14430
transmitted on or before the twentieth day of the following month	14431
by the clerk of the court to the treasurer of state in a manner	14432
prescribed by the treasurer of state or by the Ohio legal	14433
assistance foundation. The moneys then shall be deposited by the	14434
treasurer of state to the credit of the legal aid fund established	14435
under section 120.52 of the Revised Code.	14436

The court may retain up to one per cent of the moneys it	14437
collects under this division to cover administrative costs,	14438
including the hiring of any additional personnel necessary to	14439
implement this division.	14440

(D) On and after the thirtieth day after December 9, 1994,	14441
the court of common pleas shall collect the sum of thirty-two	14442
dollars as additional filing fees in each new action or proceeding	14443
for annulment, divorce, or dissolution of marriage for the purpose	14444
of funding shelters for victims of domestic violence pursuant to	14445
sections 3113.35 to 3113.39 of the Revised Code. The filing fees	14446
required to be collected under this division shall be in addition	14447
to any other filing fees imposed in the action or proceeding and	14448
shall be collected at the time of the filing of the action or	14449
proceeding. The court shall not waive the payment of the	14450
additional filing fees in a new action or proceeding for	14451
annulment, divorce, or dissolution of marriage unless the court	14452
waives the advanced payment of all filing fees in the action or	14453
proceeding. On or before the twentieth day of each month, all	14454
moneys collected during the immediately preceding month pursuant	14455
to this division shall be deposited by the clerk of the court into	14456
the county treasury in the special fund used for deposit of	14457
additional marriage license fees as described in section 3113.34	14458
of the Revised Code. Upon their deposit into the fund, the moneys	14459
shall be retained in the fund and expended only as described in	14460
section 3113.34 of the Revised Code.	14461

(E)(1) The court of common pleas may determine that, for the	14462
efficient operation of the court, additional funds are necessary	14463
to acquire and pay for special projects of the court, including,	14464
but not limited to, the acquisition of additional facilities or	14465
the rehabilitation of existing facilities, the acquisition of	14466
equipment, the hiring and training of staff, community service	14467
programs, mediation or dispute resolution services, the employment	14468
of magistrates, the training and education of judges, acting	14469
judges, and magistrates, and other related services. Upon that	14470
determination, the court by rule may charge a fee, in addition to	14471
all other court costs, on the filing of each criminal cause, civil	14472
action or proceeding, or judgment by confession.	14473

If the court of common pleas offers a special program or	14474
service in cases of a specific type, the court by rule may assess	14475
an additional charge in a case of that type, over and above court	14476
costs, to cover the special program or service. The court shall	14477
adjust the special assessment periodically, but not retroactively,	14478
so that the amount assessed in those cases does not exceed the	14479
actual cost of providing the service or program.	14480

All moneys collected under division (E) of this section shall	14481
be paid to the county treasurer for deposit into either a general	14482
special projects fund or a fund established for a specific special	14483
project. Moneys from a fund of that nature shall be disbursed upon	14484
an order of the court in an amount no greater than the actual cost	14485
to the court of a project. If a specific fund is terminated	14486
because of the discontinuance of a program or service established	14487
under division (E) of this section, the court may order that	14488
moneys remaining in the fund be transferred to an account	14489
established under this division for a similar purpose.	14490

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

14491

(a) "Criminal cause" means a charge alleging the violation of	14492
a statute or ordinance, or subsection of a statute or ordinance,	14493
that requires a separate finding of fact or a separate plea before	14494
disposition and of which the defendant may be found guilty,	14495
whether filed as part of a multiple charge on a single summons,	14496
citation, or complaint or as a separate charge on a single	14497
summons, citation, or complaint. "Criminal cause" does not include	14498
separate violations of the same statute or ordinance, or	14499
subsection of the same statute or ordinance, unless each charge is	14500
filed on a separate summons, citation, or complaint.	14501

(b) "Civil action or proceeding" means any civil litigation	14502
that must be determined by judgment entry.	14503

Sec. 2305.234. (A) As used in this section:

14504

(1) "Chiropractic claim," "medical claim," and "optometric	14505
claim" have the same meanings as in section 2305.113 of the	14506
Revised Code.	14507

(2) "Dental claim" has the same meaning as in section	14508
2305.113 of the Revised Code, except that it does not include any	14509
claim arising out of a dental operation or any derivative claim	14510
for relief that arises out of a dental operation.	14511

(3) "Governmental health care program" has the same meaning	14512
as in section 4731.65 of the Revised Code.	14513

(4) "Health care facility or location" means a hospital,	14514
clinic, ambulatory surgical facility, office of a health care	14515
professional or associated group of health care professionals,	14516
training institution for health care professionals, or any other	14517
place where medical, dental, or other health-related diagnosis,	14518
care, or treatment is provided to a person.	14519

(5) "Health care professional" means any of the following who	14520
provide medical, dental, or other health-related diagnosis, care,	14521
or treatment:	14522

(a) Physicians authorized under Chapter 4731. of the Revised	14523
Code to practice medicine and surgery or osteopathic medicine and	14524
surgery;	14525

(b) Registered nurses and licensed practical nurses licensed	14526
under Chapter 4723. of the Revised Code and individuals who hold a	14527
certificate of authority issued under that chapter that authorizes	14528
the practice of nursing as a certified registered nurse	14529
anesthetist, clinical nurse specialist, certified nurse-midwife,	14530
or certified nurse practitioner;	14531

(c) Physician assistants authorized to practice under Chapter	14532
4730. of the Revised Code;	14533

(d) Dentists and dental hygienists licensed under Chapter	14534
4715. of the Revised Code;	14535

(e) Physical therapists, physical therapist assistants,	14536
occupational therapists, and occupational therapy assistants	14537
licensed under Chapter 4755. of the Revised Code;	14538

(f) Chiropractors licensed under Chapter 4734. of the Revised	14539
Code;	14540

(g) Optometrists licensed under Chapter 4725. of the Revised	14541
Code;	14542

(h) Podiatrists authorized under Chapter 4731. of the Revised	14543
Code to practice podiatry;	14544

(i) Dietitians licensed under Chapter 4759. of the Revised	14545
Code;	14546

(j) Pharmacists licensed under Chapter 4729. of the Revised	14547
Code;	14548

(k) Emergency medical technicians-basic, emergency medical	14549
technicians-intermediate, and emergency medical	14550
technicians-paramedic, certified under Chapter 4765. of the	14551
Revised Code;	14552

(l) Respiratory care professionals licensed under Chapter	14553
4761. of the Revised Code;	14554

(m) Speech-language pathologists and audiologists licensed	14555
under Chapter 4753. of the Revised Code.	14556

(6) "Health care worker" means a person other than a health	14557
care professional who provides medical, dental, or other	14558
health-related care or treatment under the direction of a health	14559
care professional with the authority to direct that individual's	14560
activities, including medical technicians, medical assistants,	14561
dental assistants, orderlies, aides, and individuals acting in	14562
similar capacities.	14563

(7) "Indigent and uninsured person" means a person who meets	14564
all of the following requirements:	14565

(a) The person's income is not greater than two hundred per	14566
cent of the current poverty line as defined by the United States	14567
office of management and budget and revised in accordance with	14568
section 673(2) of the "Omnibus Budget Reconciliation Act of 1981,"	14569
95 Stat. 511, 42 U.S.C. 9902, as amended.	14570

(b) The person is not eligible to receive medical assistance	14571
under Chapter 5111.~~, disability medical assistance under Chapter~~	14572
~~5115.~~ of the Revised Code, or assistance under any other	14573
governmental health care program.	14574

14575

(i) The person is not a policyholder, certificate holder,	14576
insured, contract holder, subscriber, enrollee, member,	14577
beneficiary, or other covered individual under a health insurance	14578
or health care policy, contract, or plan.	14579

(ii) The person is a policyholder, certificate holder,	14580
insured, contract holder, subscriber, enrollee, member,	14581
beneficiary, or other covered individual under a health insurance	14582
or health care policy, contract, or plan, but the insurer, policy,	14583
contract, or plan denies coverage or is the subject of insolvency	14584
or bankruptcy proceedings in any jurisdiction.	14585

(8) "Nonprofit health care referral organization" means an	14586
entity that is not operated for profit and refers patients to, or	14587
arranges for the provision of, health-related diagnosis, care, or	14588
treatment by a health care professional or health care worker.	14589

(9) "Operation" means any procedure that involves cutting or	14590
otherwise infiltrating human tissue by mechanical means, including	14591
surgery, laser surgery, ionizing radiation, therapeutic	14592
ultrasound, or the removal of intraocular foreign bodies.	14593
"Operation" does not include the administration of medication by	14594
injection, unless the injection is administered in conjunction	14595
with a procedure infiltrating human tissue by mechanical means	14596
other than the administration of medicine by injection.	14597
"Operation" does not include routine dental restorative	14598
procedures, the scaling of teeth, or extractions of teeth that are	14599
not impacted.	14600

(10) "Tort action" means a civil action for damages for	14601
injury, death, or loss to person or property other than a civil	14602
action for damages for a breach of contract or another agreement	14603
between persons or government entities.	14604

(11) "Volunteer" means an individual who provides any	14605
medical, dental, or other health-care related diagnosis, care, or	14606
treatment without the expectation of receiving and without receipt	14607
of any compensation or other form of remuneration from an indigent	14608
and uninsured person, another person on behalf of an indigent and	14609
uninsured person, any health care facility or location, any	14610
nonprofit health care referral organization, or any other person	14611
or government entity.	14612

(12) "Community control sanction" has the same meaning as in	14613
section 2929.01 of the Revised Code.	14614

(13) "Deep sedation" means a drug-induced depression of	14615
consciousness during which a patient cannot be easily aroused but	14616
responds purposefully following repeated or painful stimulation, a	14617
patient's ability to independently maintain ventilatory function	14618
may be impaired, a patient may require assistance in maintaining a	14619
patent airway and spontaneous ventilation may be inadequate, and	14620
cardiovascular function is usually maintained.	14621

(14) "General anesthesia" means a drug-induced loss of	14622
consciousness during which a patient is not arousable, even by	14623
painful stimulation, the ability to independently maintain	14624
ventilatory function is often impaired, a patient often requires	14625
assistance in maintaining a patent airway, positive pressure	14626
ventilation may be required because of depressed spontaneous	14627
ventilation or drug-induced depression of neuromuscular function,	14628
and cardiovascular function may be impaired.	14629

(B)(1) Subject to divisions (F) and (G)(3) of this section, a	14630
health care professional who is a volunteer and complies with	14631
division (B)(2) of this section is not liable in damages to any	14632
person or government entity in a tort or other civil action,	14633
including an action on a medical, dental, chiropractic,	14634
optometric, or other health-related claim, for injury, death, or	14635
loss to person or property that allegedly arises from an action or	14636
omission of the volunteer in the provision to an indigent and	14637
uninsured person of medical, dental, or other health-related	14638
diagnosis, care, or treatment, including the provision of samples	14639
of medicine and other medical products, unless the action or	14640
omission constitutes willful or wanton misconduct.	14641

(2) To qualify for the immunity described in division (B)(1)	14642
of this section, a health care professional shall do all of the	14643
following prior to providing diagnosis, care, or treatment:	14644

(a) Determine, in good faith, that the indigent and uninsured	14645
person is mentally capable of giving informed consent to the	14646
provision of the diagnosis, care, or treatment and is not subject	14647
to duress or under undue influence;	14648

(b) Inform the person of the provisions of this section,	14649
including notifying the person that, by giving informed consent to	14650
the provision of the diagnosis, care, or treatment, the person	14651
cannot hold the health care professional liable for damages in a	14652
tort or other civil action, including an action on a medical,	14653
dental, chiropractic, optometric, or other health-related claim,	14654
unless the action or omission of the health care professional	14655
constitutes willful or wanton misconduct;	14656

(c) Obtain the informed consent of the person and a written	14657
waiver, signed by the person or by another individual on behalf of	14658
and in the presence of the person, that states that the person is	14659
mentally competent to give informed consent and, without being	14660
subject to duress or under undue influence, gives informed consent	14661
to the provision of the diagnosis, care, or treatment subject to	14662
the provisions of this section. A written waiver under division	14663
(B)(2)(c) of this section shall state clearly and in conspicuous	14664
type that the person or other individual who signs the waiver is	14665
signing it with full knowledge that, by giving informed consent to	14666
the provision of the diagnosis, care, or treatment, the person	14667
cannot bring a tort or other civil action, including an action on	14668
a medical, dental, chiropractic, optometric, or other	14669
health-related claim, against the health care professional unless	14670
the action or omission of the health care professional constitutes	14671
willful or wanton misconduct.	14672

(3) A physician or podiatrist who is not covered by medical	14673
malpractice insurance, but complies with division (B)(2) of this	14674
section, is not required to comply with division (A) of section	14675
4731.143 of the Revised Code.	14676

(C) Subject to divisions (F) and (G)(3) of this section,	14677
health care workers who are volunteers are not liable in damages	14678
to any person or government entity in a tort or other civil	14679
action, including an action upon a medical, dental, chiropractic,	14680
optometric, or other health-related claim, for injury, death, or	14681
loss to person or property that allegedly arises from an action or	14682
omission of the health care worker in the provision to an indigent	14683
and uninsured person of medical, dental, or other health-related	14684
diagnosis, care, or treatment, unless the action or omission	14685
constitutes willful or wanton misconduct.	14686

(D) Subject to divisions (F) and (G)(3) of this section, a	14687
nonprofit health care referral organization is not liable in	14688
damages to any person or government entity in a tort or other	14689
civil action, including an action on a medical, dental,	14690
chiropractic, optometric, or other health-related claim, for	14691
injury, death, or loss to person or property that allegedly arises	14692
from an action or omission of the nonprofit health care referral	14693
organization in referring indigent and uninsured persons to, or	14694
arranging for the provision of, medical, dental, or other	14695
health-related diagnosis, care, or treatment by a health care	14696
professional described in division (B)(1) of this section or a	14697
health care worker described in division (C) of this section,	14698
unless the action or omission constitutes willful or wanton	14699
misconduct.	14700

(E) Subject to divisions (F) and (G)(3) of this section and	14701
to the extent that the registration requirements of section	14702
3701.071 of the Revised Code apply, a health care facility or	14703
location associated with a health care professional described in	14704
division (B)(1) of this section, a health care worker described in	14705
division (C) of this section, or a nonprofit health care referral	14706
organization described in division (D) of this section is not	14707
liable in damages to any person or government entity in a tort or	14708
other civil action, including an action on a medical, dental,	14709
chiropractic, optometric, or other health-related claim, for	14710
injury, death, or loss to person or property that allegedly arises	14711
from an action or omission of the health care professional or	14712
worker or nonprofit health care referral organization relative to	14713
the medical, dental, or other health-related diagnosis, care, or	14714
treatment provided to an indigent and uninsured person on behalf	14715
of or at the health care facility or location, unless the action	14716
or omission constitutes willful or wanton misconduct.	14717

(F)(1) Except as provided in division (F)(2) of this section,	14718
the immunities provided by divisions (B), (C), (D), and (E) of	14719
this section are not available to a health care professional,	14720
health care worker, nonprofit health care referral organization,	14721
or health care facility or location if, at the time of an alleged	14722
injury, death, or loss to person or property, the health care	14723
professionals or health care workers involved are providing one of	14724
the following:	14725

(a) Any medical, dental, or other health-related diagnosis,	14726
care, or treatment pursuant to a community service work order	14727
entered by a court under division (B) of section 2951.02 of the	14728
Revised Code or imposed by a court as a community control	14729
sanction;	14730

(b) Performance of an operation to which any one of the	14731
following applies:	14732

(i) The operation requires the administration of deep	14733
sedation or general anesthesia.	14734

(ii) The operation is a procedure that is not typically	14735
performed in an office.	14736

(iii) The individual involved is a health care professional,	14737
and the operation is beyond the scope of practice or the	14738
education, training, and competence, as applicable, of the health	14739
care professional.	14740

(c) Delivery of a baby or any other purposeful termination of	14741
a human pregnancy.	14742

(2) Division (F)(1) of this section does not apply when a	14743
health care professional or health care worker provides medical,	14744
dental, or other health-related diagnosis, care, or treatment that	14745
is necessary to preserve the life of a person in a medical	14746
emergency.	14747

(G)(1) This section does not create a new cause of action or	14748
substantive legal right against a health care professional, health	14749
care worker, nonprofit health care referral organization, or	14750
health care facility or location.	14751

(2) This section does not affect any immunities from civil	14752
liability or defenses established by another section of the	14753
Revised Code or available at common law to which a health care	14754
professional, health care worker, nonprofit health care referral	14755
organization, or health care facility or location may be entitled	14756
in connection with the provision of emergency or other medical,	14757
dental, or other health-related diagnosis, care, or treatment.	14758

(3) This section does not grant an immunity from tort or	14759
other civil liability to a health care professional, health care	14760
worker, nonprofit health care referral organization, or health	14761
care facility or location for actions that are outside the scope	14762
of authority of health care professionals or health care workers.	14763

(4) This section does not affect any legal responsibility of	14764
a health care professional, health care worker, or nonprofit	14765
health care referral organization to comply with any applicable	14766
law of this state or rule of an agency of this state.	14767

(5) This section does not affect any legal responsibility of	14768
a health care facility or location to comply with any applicable	14769
law of this state, rule of an agency of this state, or local code,	14770
ordinance, or regulation that pertains to or regulates building,	14771
housing, air pollution, water pollution, sanitation, health, fire,	14772
zoning, or safety.	14773

Sec. 2305.2341. (A) The medical liability insurance	14774
reimbursement program is hereby established. Free	14775
clini2305.2341cs, including the clinics' staff and volunteer	14776
health care professionals and volunteer health care workers, may	14777
participate in the medical liability insurance reimbursement	14778
program established by this section. The coverage provided under	14779
the program shall be limited to claims that arise out of the	14780
diagnosis, treatment, and care of patients of free clinics, as	14781
defined in division (D)(1) of this section.	14782

(B) A free clinic is eligible to receive reimbursement under	14783
the medical liability insurance reimbursement program for the	14784
premiums that the clinic pays for medical liability insurance	14785
coverage for the clinic, its staff, and volunteer health care	14786
professionals and health care workers. Free clinics shall register	14787
with the department of health by the thirty-first day of January	14788
of each year in order to participate in and to obtain	14789
reimbursement under the program. Free clinics shall provide all of	14790
the following to the department of health at the time of	14791
registration:	14792

(1) A statement of the number of volunteer and paid health	14793
care professionals and health care workers providing health care	14794
services at the free clinic at that time;	14795

(2) A statement of the number of health care services	14796
rendered by the free clinic during the previous fiscal year;	14797

(3) A signed form acknowledging that the free clinic agrees	14798
to follow its medical liability insurer's risk management and loss	14799
prevention policies;	14800

(4) A copy of the medical liability insurance policy	14801
purchased by the free clinic, or the policy's declaration page,	14802
and documentation of the premiums paid by the clinic.	14803

(C) The department of health shall reimburse free clinics	14804
participating in the professional liability insurance	14805
reimbursement program for eighty per cent of the premiums that the	14806
free clinic pays for medical liability insurance coverage up to	14807
twenty thousand dollars. Appropriations to the department of	14808
health may be made from the general fund of the state for this	14809
purpose.	14810

(D) As used in this section:

14811

(1) "Free clinic" means a nonprofit organization exempt from	14812
federal income taxation under section 501(c)(3) of the "Internal	14813
Revenue Code of 1986," as amended, or a program component of a	14814
nonprofit organization, whose primary mission is to provide health	14815
care services for free or for a minimal administrative fee to	14816
individuals with limited resources. A free clinic facilitates the	14817
delivery of health care services through the use of volunteer	14818
health care professionals and voluntary care networks. For this	14819
purpose, a free clinic shall comply with all of the following:	14820

(a) If a free clinic does request a minimal administrative	14821
fee, a free clinic shall not deny an individual access to its	14822
health care services based on an individual's ability to pay the	14823
fee.	14824

(b) A free clinic shall not bill a patient for health care	14825
services rendered.	14826

(c) Free clinics shall not perform operations, as defined by	14827
divisions (A)(9) and (F)(1)(b) of section 2305.234 of the Revised	14828
Code.	14829

A clinic is not a free clinic if the clinic bills medicaid,	14830
medicare, or other third-party payers for health care services	14831
rendered at the clinic, and receives twenty-five per cent or more	14832
of the clinic's annual revenue from the third-party payments.	14833

(2) "Health care professional" and "health care worker" have	14834
the same meanings as in section 2305.234 of the Revised Code.	14835

Sec. 2307.65. (A) The attorney general may bring a civil	14836
action in the Franklin county court of common pleas on behalf of	14837
the department of job and family services, and the prosecuting	14838
attorney of the county in which a violation of division (B) of	14839
section 2913.401 of the Revised Code occurs may bring a civil	14840
action in the court of common pleas of that county on behalf of	14841
the county department of job and family services, against a person	14842
who violates division (B) of section 2913.401 of the Revised Code	14843
for the recovery of the amount of benefits paid on behalf of a	14844
person that either department would not have paid but for the	14845
violation minus any amounts paid in restitution under division	14846
(C)(2) of section 2913.401 of the Revised Code and for reasonable	14847
attorney's fees and all other fees and costs of litigation.	14848

(B) In a civil action brought under division (A) of this	14849
section, if the defendant failed to disclose a transfer of	14850
property in violation of division (B)(3) of section 2913.401 of	14851
the Revised Code, the court may also grant any of the following	14852
relief to the extent permitted by 42 U.S.C. 1396p:	14853

(1) Avoidance of the transfer of property that was not	14854
disclosed in violation of division (B)(3) of section 2913.401 of	14855
the Revised Code to the extent of the amount of benefits the	14856
department would not have paid but for the violation;	14857

(2) An order of attachment or garnishment against the	14858
property in accordance with Chapter 2715. or 2716. of the Revised	14859
Code;	14860

(3) An injunction against any further disposition by the	14861
transferor or transferee, or both, of the property the transfer of	14862
which was not disclosed in violation of division (B)(3) of section	14863
2913.401 of the Revised Code or against the disposition of other	14864
property by the transferor or transferee;	14865

(4) Appointment of a receiver to take charge of the property	14866
transferred or of other property of the transferee;	14867

(5) Any other relief that the court considers just and	14868
equitable.	14869

(C) To the extent permitted by 42 U.S.C. 1396p, the	14870
department of job and family services or the county department of	14871
job and family services may enforce a judgment obtained under this	14872
section by levying on property the transfer of which was not	14873
disclosed in violation of division (B)(3) of section 2913.401 of	14874
the Revised Code or on the proceeds of the transfer of that	14875
property in accordance with Chapter 2329. of the Revised Code.	14876

(D) The remedies provided in divisions (B) and (C) of this	14877
section do not apply if the transferee of the property the	14878
transfer of which was not disclosed in violation of division	14879
(B)(3) of section 2913.401 of the Revised Code acquired the	14880
property in good faith and for fair market value.	14881

(E) The remedies provided in this section are not exclusive	14882
and do not preclude the use of any other criminal or civil remedy	14883
for any act that is in violation of section 2913.401 of the	14884
Revised Code.	14885

(F) Amounts of medicaid benefits paid and recovered in an	14886
action brought under this section shall be credited to the general	14887
revenue fund, and any applicable federal share shall be returned	14888
to the appropriate agency or department of the United States.	14889

Sec. 2329.66. (A) Every person who is domiciled in this	14890
state may hold property exempt from execution, garnishment,	14891
attachment, or sale to satisfy a judgment or order, as follows:	14892

(1)(a) In the case of a judgment or order regarding money	14893
owed for health care services rendered or health care supplies	14894
provided to the person or a dependent of the person, one parcel or	14895
item of real or personal property that the person or a dependent	14896
of the person uses as a residence. Division (A)(1)(a) of this	14897
section does not preclude, affect, or invalidate the creation	14898
under this chapter of a judgment lien upon the exempted property	14899
but only delays the enforcement of the lien until the property is	14900
sold or otherwise transferred by the owner or in accordance with	14901
other applicable laws to a person or entity other than the	14902
surviving spouse or surviving minor children of the judgment	14903
debtor. Every person who is domiciled in this state may hold	14904
exempt from a judgment lien created pursuant to division (A)(1)(a)	14905
of this section the person's interest, not to exceed five thousand	14906
dollars, in the exempted property.	14907

(b) In the case of all other judgments and orders, the	14908
person's interest, not to exceed five thousand dollars, in one	14909
parcel or item of real or personal property that the person or a	14910
dependent of the person uses as a residence.	14911

(2) The person's interest, not to exceed one thousand	14912
dollars, in one motor vehicle;	14913

(3) The person's interest, not to exceed two hundred dollars	14914
in any particular item, in wearing apparel, beds, and bedding, and	14915
the person's interest, not to exceed three hundred dollars in each	14916
item, in one cooking unit and one refrigerator or other food	14917
preservation unit;	14918

(4)(a) The person's interest, not to exceed four hundred	14919
dollars, in cash on hand, money due and payable, money to become	14920
due within ninety days, tax refunds, and money on deposit with a	14921
bank, savings and loan association, credit union, public utility,	14922
landlord, or other person. Division (A)(4)(a) of this section	14923
applies only in bankruptcy proceedings. This exemption may include	14924
the portion of personal earnings that is not exempt under division	14925
(A)(13) of this section.	14926

(b) Subject to division (A)(4)(d) of this section, the	14927
person's interest, not to exceed two hundred dollars in any	14928
particular item, in household furnishings, household goods,	14929
appliances, books, animals, crops, musical instruments, firearms,	14930
and hunting and fishing equipment, that are held primarily for the	14931
personal, family, or household use of the person;	14932

(c) Subject to division (A)(4)(d) of this section, the	14933
person's interest in one or more items of jewelry, not to exceed	14934
four hundred dollars in one item of jewelry and not to exceed two	14935
hundred dollars in every other item of jewelry;	14936

(d) Divisions (A)(4)(b) and (c) of this section do not	14937
include items of personal property listed in division (A)(3) of	14938
this section.	14939

If the person does not claim an exemption under division	14940
(A)(1) of this section, the total exemption claimed under division	14941
(A)(4)(b) of this section shall be added to the total exemption	14942
claimed under division (A)(4)(c) of this section, and the total	14943
shall not exceed two thousand dollars. If the person claims an	14944
exemption under division (A)(1) of this section, the total	14945
exemption claimed under division (A)(4)(b) of this section shall	14946
be added to the total exemption claimed under division (A)(4)(c)	14947
of this section, and the total shall not exceed one thousand five	14948
hundred dollars.	14949

(5) The person's interest, not to exceed an aggregate of	14950
seven hundred fifty dollars, in all implements, professional	14951
books, or tools of the person's profession, trade, or business,	14952
including agriculture;	14953

(6)(a) The person's interest in a beneficiary fund set apart,	14954
appropriated, or paid by a benevolent association or society, as	14955
exempted by section 2329.63 of the Revised Code;	14956

(b) The person's interest in contracts of life or endowment	14957
insurance or annuities, as exempted by section 3911.10 of the	14958
Revised Code;	14959

(c) The person's interest in a policy of group insurance or	14960
the proceeds of a policy of group insurance, as exempted by	14961
section 3917.05 of the Revised Code;	14962

(d) The person's interest in money, benefits, charity,	14963
relief, or aid to be paid, provided, or rendered by a fraternal	14964
benefit society, as exempted by section 3921.18 of the Revised	14965
Code;	14966

(e) The person's interest in the portion of benefits under	14967
policies of sickness and accident insurance and in lump sum	14968
payments for dismemberment and other losses insured under those	14969
policies, as exempted by section 3923.19 of the Revised Code.	14970

(7) The person's professionally prescribed or medically	14971
necessary health aids;	14972

(8) The person's interest in a burial lot, including, but not	14973
limited to, exemptions under section 517.09 or 1721.07 of the	14974
Revised Code;	14975

(9) The person's interest in the following:

14976

(a) Moneys paid or payable for living maintenance or rights,	14977
as exempted by section 3304.19 of the Revised Code;	14978

(b) Workers' compensation, as exempted by section 4123.67 of	14979
the Revised Code;	14980

(c) Unemployment compensation benefits, as exempted by	14981
section 4141.32 of the Revised Code;	14982

(d) Cash assistance payments under the Ohio works first	14983
program, as exempted by section 5107.75 of the Revised Code;	14984

(e) Benefits and services under the prevention, retention,	14985
and contingency program, as exempted by section 5108.08 of the	14986
Revised Code;	14987

(f) Disability financial assistance payments, as exempted by	14988
section 5115.06 of the Revised Code.	14989

(10)(a) Except in cases in which the person was convicted of	14990
or pleaded guilty to a violation of section 2921.41 of the Revised	14991
Code and in which an order for the withholding of restitution from	14992
payments was issued under division (C)(2)(b) of that section or in	14993
cases in which an order for withholding was issued under section	14994
2907.15 of the Revised Code, and only to the extent provided in	14995
the order, and except as provided in sections 3105.171, 3105.63,	14996
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	14997
Code, the person's right to a pension, benefit, annuity,	14998
retirement allowance, or accumulated contributions, the person's	14999
right to a participant account in any deferred compensation	15000
program offered by the Ohio public employees deferred compensation	15001
board, a government unit, or a municipal corporation, or the	15002
person's other accrued or accruing rights, as exempted by section	15003
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	15004
the Revised Code, and the person's right to benefits from the Ohio	15005
public safety officers death benefit fund;	15006

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	15007
3121.03, and 3123.06 of the Revised Code, the person's right to	15008
receive a payment under any pension, annuity, or similar plan or	15009
contract, not including a payment from a stock bonus or	15010
profit-sharing plan or a payment included in division (A)(6)(b) or	15011
(10)(a) of this section, on account of illness, disability, death,	15012
age, or length of service, to the extent reasonably necessary for	15013
the support of the person and any of the person's dependents,	15014
except if all the following apply:	15015

(i) The plan or contract was established by or under the	15016
auspices of an insider that employed the person at the time the	15017
person's rights under the plan or contract arose.	15018

(ii) The payment is on account of age or length of service.

15019

(iii) The plan or contract is not qualified under the	15020
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	15021
amended.	15022

(c) Except for any portion of the assets that were deposited	15023
for the purpose of evading the payment of any debt and except as	15024
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15025
3123.06 of the Revised Code, the person's right in the assets held	15026
in, or to receive any payment under, any individual retirement	15027
account, individual retirement annuity, "Roth IRA," or education	15028
individual retirement account that provides benefits by reason of	15029
illness, disability, death, or age, to the extent that the assets,	15030
payments, or benefits described in division (A)(10)(c) of this	15031
section are attributable to any of the following:	15032

(i) Contributions of the person that were less than or equal	15033
to the applicable limits on deductible contributions to an	15034
individual retirement account or individual retirement annuity in	15035
the year that the contributions were made, whether or not the	15036
person was eligible to deduct the contributions on the person's	15037
federal tax return for the year in which the contributions were	15038
made;	15039

(ii) Contributions of the person that were less than or equal	15040
to the applicable limits on contributions to a Roth IRA or	15041
education individual retirement account in the year that the	15042
contributions were made;	15043

(iii) Contributions of the person that are within the	15044
applicable limits on rollover contributions under subsections 219,	15045
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	15046
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	15047
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	15048

(d) Except for any portion of the assets that were deposited	15049
for the purpose of evading the payment of any debt and except as	15050
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	15051
3123.06 of the Revised Code, the person's right in the assets held	15052
in, or to receive any payment under, any Keogh or "H.R. 10" plan	15053
that provides benefits by reason of illness, disability, death, or	15054
age, to the extent reasonably necessary for the support of the	15055
person and any of the person's dependents.	15056

(11) The person's right to receive spousal support, child	15057
support, an allowance, or other maintenance to the extent	15058
reasonably necessary for the support of the person and any of the	15059
person's dependents;	15060

(12) The person's right to receive, or moneys received during	15061
the preceding twelve calendar months from, any of the following:	15062

(a) An award of reparations under sections 2743.51 to 2743.72	15063
of the Revised Code, to the extent exempted by division (D) of	15064
section 2743.66 of the Revised Code;	15065

(b) A payment on account of the wrongful death of an	15066
individual of whom the person was a dependent on the date of the	15067
individual's death, to the extent reasonably necessary for the	15068
support of the person and any of the person's dependents;	15069

(c) Except in cases in which the person who receives the	15070
payment is an inmate, as defined in section 2969.21 of the Revised	15071
Code, and in which the payment resulted from a civil action or	15072
appeal against a government entity or employee, as defined in	15073
section 2969.21 of the Revised Code, a payment, not to exceed five	15074
thousand dollars, on account of personal bodily injury, not	15075
including pain and suffering or compensation for actual pecuniary	15076
loss, of the person or an individual for whom the person is a	15077
dependent;	15078

(d) A payment in compensation for loss of future earnings of	15079
the person or an individual of whom the person is or was a	15080
dependent, to the extent reasonably necessary for the support of	15081
the debtor and any of the debtor's dependents.	15082

(13) Except as provided in sections 3119.80, 3119.81,	15083
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	15084
earnings of the person owed to the person for services in an	15085
amount equal to the greater of the following amounts:	15086

(a) If paid weekly, thirty times the current federal minimum	15087
hourly wage; if paid biweekly, sixty times the current federal	15088
minimum hourly wage; if paid semimonthly, sixty-five times the	15089
current federal minimum hourly wage; or if paid monthly, one	15090
hundred thirty times the current federal minimum hourly wage that	15091
is in effect at the time the earnings are payable, as prescribed	15092
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	15093
U.S.C. 206(a)(1), as amended;	15094

(b) Seventy-five per cent of the disposable earnings owed to	15095
the person.	15096

(14) The person's right in specific partnership property, as	15097
exempted by division (B)(3) of section 1775.24 of the Revised	15098
Code;	15099

(15) A seal and official register of a notary public, as	15100
exempted by section 147.04 of the Revised Code;	15101

(16) The person's interest in a tuition ~~credit~~unit or a	15102
payment under section 3334.09 of the Revised Code pursuant to a	15103
tuition ~~credit~~payment contract, as exempted by section 3334.15 of	15104
the Revised Code;	15105

(17) Any other property that is specifically exempted from	15106
execution, attachment, garnishment, or sale by federal statutes	15107
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	15108
U.S.C.A. 101, as amended;	15109

(18) The person's interest, not to exceed four hundred	15110
dollars, in any property, except that division (A)(18) of this	15111
section applies only in bankruptcy proceedings.	15112

(B) As used in this section:

15113

(1) "Disposable earnings" means net earnings after the	15114
garnishee has made deductions required by law, excluding the	15115
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	15116
3121.03, or 3123.06 of the Revised Code.	15117

(2) "Insider" means:

15118

(a) If the person who claims an exemption is an individual, a	15119
relative of the individual, a relative of a general partner of the	15120
individual, a partnership in which the individual is a general	15121
partner, a general partner of the individual, or a corporation of	15122
which the individual is a director, officer, or in control;	15123

(b) If the person who claims an exemption is a corporation, a	15124
director or officer of the corporation; a person in control of the	15125
corporation; a partnership in which the corporation is a general	15126
partner; a general partner of the corporation; or a relative of a	15127
general partner, director, officer, or person in control of the	15128
corporation;	15129

(c) If the person who claims an exemption is a partnership, a	15130
general partner in the partnership; a general partner of the	15131
partnership; a person in control of the partnership; a partnership	15132
in which the partnership is a general partner; or a relative in, a	15133
general partner of, or a person in control of the partnership;	15134

(d) An entity or person to which or whom any of the following	15135
applies:	15136

(i) The entity directly or indirectly owns, controls, or	15137
holds with power to vote, twenty per cent or more of the	15138
outstanding voting securities of the person who claims an	15139
exemption, unless the entity holds the securities in a fiduciary	15140
or agency capacity without sole discretionary power to vote the	15141
securities or holds the securities solely to secure to debt and	15142
the entity has not in fact exercised the power to vote.	15143

(ii) The entity is a corporation, twenty per cent or more of	15144
whose outstanding voting securities are directly or indirectly	15145
owned, controlled, or held with power to vote, by the person who	15146
claims an exemption or by an entity to which division (B)(2)(d)(i)	15147
of this section applies.	15148

(iii) A person whose business is operated under a lease or	15149
operating agreement by the person who claims an exemption, or a	15150
person substantially all of whose business is operated under an	15151
operating agreement with the person who claims an exemption.	15152

(iv) The entity operates the business or all or substantially	15153
all of the property of the person who claims an exemption under a	15154
lease or operating agreement.	15155

(e) An insider, as otherwise defined in this section, of a	15156
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	15157
(iv) of this section applies, as if the person or entity were a	15158
person who claims an exemption;	15159

(f) A managing agent of the person who claims an exemption.

15160

(3) "Participant account" has the same meaning as in section	15161
148.01 of the Revised Code.	15162

(4) "Government unit" has the same meaning as in section	15163
148.06 of the Revised Code.	15164

(C) For purposes of this section, "interest" shall be	15165
determined as follows:	15166

(1) In bankruptcy proceedings, as of the date a petition is	15167
filed with the bankruptcy court commencing a case under Title 11	15168
of the United States Code;	15169

(2) In all cases other than bankruptcy proceedings, as of the	15170
date of an appraisal, if necessary under section 2329.68 of the	15171
Revised Code, or the issuance of a writ of execution.	15172

An interest, as determined under division (C)(1) or (2) of	15173
this section, shall not include the amount of any lien otherwise	15174
valid pursuant to section 2329.661 of the Revised Code.	15175

Sec. 2743.191. (A)(1) There is hereby created in the state	15176
treasury the reparations fund, which shall be used only for the	15177
following purposes:	15178

(a) The payment of awards of reparations that are granted by	15179
the attorney general;	15180

(b) The compensation of any personnel needed by the attorney	15181
general to administer sections 2743.51 to 2743.72 of the Revised	15182
Code;	15183

(c) The compensation of witnesses as provided in division (J)	15184
of section 2743.65 of the Revised Code;	15185

(d) Other administrative costs of hearing and determining	15186
claims for an award of reparations by the attorney general;	15187

(e) The costs of administering sections 2907.28 and 2969.01	15188
to 2969.06 of the Revised Code;	15189

(f) The costs of investigation and decision-making as	15190
certified by the attorney general;	15191

(g) The provision of state financial assistance to victim	15192
assistance programs in accordance with sections 109.91 and 109.92	15193
of the Revised Code;	15194

(h) The costs of paying the expenses of sex offense-related	15195
examinations and antibiotics pursuant to section 2907.28 of the	15196
Revised Code;	15197

(i) The cost of printing and distributing the pamphlet	15198
prepared by the attorney general pursuant to section 109.42 of the	15199
Revised Code;	15200

(j) Subject to division (D) of section 2743.71 of the Revised	15201
Code, the costs associated with the printing and providing of	15202
information cards or other printed materials to law enforcement	15203
agencies and prosecuting authorities and with publicizing the	15204
availability of awards of reparations pursuant to section 2743.71	15205
of the Revised Code;	15206

(k) The payment of costs of administering a DNA specimen	15207
collection procedure pursuant to sections 2152.74 and 2901.07 of	15208
the Revised Code, of performing DNA analysis of those DNA	15209
specimens, and of entering the resulting DNA records regarding	15210
those analyses into the DNA database pursuant to section 109.573	15211
of the Revised Code;	15212

(l) The payment of actual costs associated with initiatives	15213
by the attorney general for the apprehension, prosecution, and	15214
accountability of offenders, and the enhancing of services to	15215
crime victims. The amount of payments made pursuant to division	15216
(A)(1)(l) of this section during any given fiscal year shall not	15217
exceed five per cent of the balance of the reparations fund at the	15218
close of the immediately previous fiscal year;	15219

(m) The costs of administering the adult parole authority's	15220
supervision of sexually violent predators with an active global	15221
positioning system device pursuant to section 2971.05 of the	15222
Revised Code.	15223

(2) All costs paid pursuant to section 2743.70 of the Revised	15224
Code, the portions of license reinstatement fees mandated by	15225
division (F)(2)(b) of section 4511.191 of the Revised Code to be	15226
credited to the fund, the portions of the proceeds of the sale of	15227
a forfeited vehicle specified in division (C)(2) of section	15228
4503.234 of the Revised Code, payments collected by the department	15229
of rehabilitation and correction from prisoners who voluntarily	15230
participate in an approved work and training program pursuant to	15231
division (C)(8)(b)(ii) of section 5145.16 of the Revised Code, and	15232
all moneys collected by the state pursuant to its right of	15233
subrogation provided in section 2743.72 of the Revised Code shall	15234
be deposited in the fund.	15235

(B) In making an award of reparations, the attorney general	15236
shall render the award against the state. The award shall be	15237
accomplished only through the following procedure, and the	15238
following procedure may be enforced by writ of mandamus directed	15239
to the appropriate official:	15240

(1) The attorney general shall provide for payment of the	15241
claimant or providers in the amount of the award only if the	15242
amount of the award is fifty dollars or more.	15243

(2) The expense shall be charged against all available	15244
unencumbered moneys in the fund.	15245

(3) If sufficient unencumbered moneys do not exist in the	15246
fund, the attorney general shall make application for payment of	15247
the award out of the emergency purposes account or any other	15248
appropriation for emergencies or contingencies, and payment out of	15249
this account or other appropriation shall be authorized if there	15250
are sufficient moneys greater than the sum total of then pending	15251
emergency purposes account requests or requests for releases from	15252
the other appropriations.	15253

(4) If sufficient moneys do not exist in the account or any	15254
other appropriation for emergencies or contingencies to pay the	15255
award, the attorney general shall request the general assembly to	15256
make an appropriation sufficient to pay the award, and no payment	15257
shall be made until the appropriation has been made. The attorney	15258
general shall make this appropriation request during the current	15259
biennium and during each succeeding biennium until a sufficient	15260
appropriation is made. If, prior to the time that an appropriation	15261
is made by the general assembly pursuant to this division, the	15262
fund has sufficient unencumbered funds to pay the award or part of	15263
the award, the available funds shall be used to pay the award or	15264
part of the award, and the appropriation request shall be amended	15265
to request only sufficient funds to pay that part of the award	15266
that is unpaid.	15267

(C) The attorney general shall not make payment on a decision	15268
or order granting an award until all appeals have been determined	15269
and all rights to appeal exhausted, except as otherwise provided	15270
in this section. If any party to a claim for an award of	15271
reparations appeals from only a portion of an award, and a	15272
remaining portion provides for the payment of money by the state,	15273
that part of the award calling for the payment of money by the	15274
state and not a subject of the appeal shall be processed for	15275
payment as described in this section.	15276

(D) The attorney general shall prepare itemized bills for the	15277
costs of printing and distributing the pamphlet the attorney	15278
general prepares pursuant to section 109.42 of the Revised Code.	15279
The itemized bills shall set forth the name and address of the	15280
persons owed the amounts set forth in them.	15281

(E) As used in this section, "DNA analysis" and "DNA	15282
specimen" have the same meanings as in section 109.573 of the	15283
Revised Code.	15284

Sec. 2744.05. Notwithstanding any other provisions of the	15285
Revised Code or rules of a court to the contrary, in an action	15286
against a political subdivision to recover damages for injury,	15287
death, or loss to person or property caused by an act or omission	15288
in connection with a governmental or proprietary function:	15289

(A) Punitive or exemplary damages shall not be awarded.

15290

(B)(1) If a claimant receives or is entitled to receive	15291
benefits for injuries or loss allegedly incurred from a policy or	15292
policies of insurance or any other source, the benefits shall be	15293
disclosed to the court, and the amount of the benefits shall be	15294
deducted from any award against a political subdivision recovered	15295
by that claimant. No insurer or other person is entitled to bring	15296
an action under a subrogation provision in an insurance or other	15297
contract against a political subdivision with respect to those	15298
benefits.	15299

The amount of the benefits shall be deducted from an award	15300
against a political subdivision under division (B)(1) of this	15301
section regardless of whether the claimant may be under an	15302
obligation to pay back the benefits upon recovery, in whole or in	15303
part, for the claim. A claimant whose benefits have been deducted	15304
from an award under division (B)(1) of this section is not	15305
considered fully compensated and shall not be required to	15306
reimburse a subrogated claim for benefits deducted from an award	15307
pursuant to division (B)(1) of this section.	15308

(2) Nothing in division (B)(1) of this section shall be	15309
construed to do either of the following:	15310

(a) Limit the rights of a beneficiary under a life insurance	15311
policy or the rights of sureties under fidelity or surety bonds;	15312

(b) Prohibit the department of job and family services from	15313
recovering from the political subdivision, pursuant to section	15314
5101.58 of the Revised Code, the cost of medical assistance	15315
benefits provided under Chapter 5107.,or 5111.~~, or 5115.~~ of the	15316
Revised Code.	15317

(C)(1) There shall not be any limitation on compensatory	15318
damages that represent the actual loss of the person who is	15319
awarded the damages. However, except in wrongful death actions	15320
brought pursuant to Chapter 2125. of the Revised Code, damages	15321
that arise from the same cause of action, transaction or	15322
occurrence, or series of transactions or occurrences and that do	15323
not represent the actual loss of the person who is awarded the	15324
damages shall not exceed two hundred fifty thousand dollars in	15325
favor of any one person. The limitation on damages that do not	15326
represent the actual loss of the person who is awarded the damages	15327
provided in this division does not apply to court costs that are	15328
awarded to a plaintiff, or to interest on a judgment rendered in	15329
favor of a plaintiff, in an action against a political	15330
subdivision.	15331

(2) As used in this division, "the actual loss of the person	15332
who is awarded the damages" includes all of the following:	15333

(a) All wages, salaries, or other compensation lost by the	15334
person injured as a result of the injury, including wages,	15335
salaries, or other compensation lost as of the date of a judgment	15336
and future expected lost earnings of the person injured;	15337

(b) All expenditures of the person injured or another person	15338
on behalf of the person injured for medical care or treatment, for	15339
rehabilitation services, or for other care, treatment, services,	15340
products, or accommodations that were necessary because of the	15341
injury;	15342

(c) All expenditures to be incurred in the future, as	15343
determined by the court, by the person injured or another person	15344
on behalf of the person injured for medical care or treatment, for	15345
rehabilitation services, or for other care, treatment, services,	15346
products, or accommodations that will be necessary because of the	15347
injury;	15348

(d) All expenditures of a person whose property was injured	15349
or destroyed or of another person on behalf of the person whose	15350
property was injured or destroyed in order to repair or replace	15351
the property that was injured or destroyed;	15352

(e) All expenditures of the person injured or of the person	15353
whose property was injured or destroyed or of another person on	15354
behalf of the person injured or of the person whose property was	15355
injured or destroyed in relation to the actual preparation or	15356
presentation of the claim involved;	15357

(f) Any other expenditures of the person injured or of the	15358
person whose property was injured or destroyed or of another	15359
person on behalf of the person injured or of the person whose	15360
property was injured or destroyed that the court determines	15361
represent an actual loss experienced because of the personal or	15362
property injury or property loss.	15363

"The actual loss of the person who is awarded the damages"	15364
does not include any fees paid or owed to an attorney for any	15365
services rendered in relation to a personal or property injury or	15366
property loss, and does not include any damages awarded for pain	15367
and suffering, for the loss of society, consortium, companionship,	15368
care, assistance, attention, protection, advice, guidance,	15369
counsel, instruction, training, or education of the person	15370
injured, for mental anguish, or for any other intangible loss.	15371

Sec. 2744.08. (A)(1) A political subdivision may use public	15372
funds to secure insurance with respect to its and its employees'	15373
potential liability in damages in civil actions for injury, death,	15374
or loss to persons or property allegedly caused by an act or	15375
omission of the political subdivision or any of its employees in	15376
connection with a governmental or proprietary function. The	15377
insurance may be at the limits, for the circumstances, and subject	15378
to the terms and conditions, that are determined by the political	15379
subdivision in its discretion.	15380

The insurance may be for the period of time that is set forth	15381
in specifications for competitive bids or, when competitive	15382
bidding is not required, for the period of time that is mutually	15383
agreed upon by the political subdivision and insurance company.	15384
The period of time does not have to be, but can be, limited to the	15385
fiscal cycle under which the political subdivision is funded and	15386
operates.	15387

(2)(a) Regardless of whether a political subdivision procures	15388
a policy or policies of liability insurance pursuant to division	15389
(A)(1) of this section or otherwise, the political subdivision may	15390
establish and maintain a self-insurance program relative to its	15391
and its employees' potential liability in damages in civil actions	15392
for injury, death, or loss to persons or property allegedly caused	15393
by an act or omission of the political subdivision or any of its	15394
employees in connection with a governmental or proprietary	15395
function. The political subdivision may reserve such funds as it	15396
deems appropriate in a special fund that may be established	15397
pursuant to an ordinance or resolution of the political	15398
subdivision and not subject to section 5705.12 of the Revised	15399
Code. The political subdivision may allocate the costs of	15400
insurance or a self-insurance program, or both, among the funds or	15401
accounts in the subdivision's treasury on the basis of relative	15402
exposure and loss experience. The political subdivision may	15403
require any deductibles under an insurance or self-insurance	15404
program, or both, to be paid from funds or accounts in the	15405
subdivision's treasury from which a loss was directly	15406
attributable. If it so chooses, the political subdivision may	15407
contract with any person, other political subdivision, or regional	15408
council of governments for purposes of the administration of such	15409
a program.	15410

(b) Political subdivisions that have established	15411
self-insurance programs relative to their and their employees'	15412
potential liability as described in division (A)(2)(a) of this	15413
section may mutually agree that their self-insurance programs will	15414
be jointly administered in a specified manner.	15415

(B) The purchase of liability insurance, or the establishment	15416
and maintenance of a self-insurance program, by a political	15417
subdivision does not constitute a waiver of any immunity or	15418
defense of the political subdivision or its employees, except that	15419
the political subdivision may specifically waive any immunity or	15420
defense to which it or its employees may be entitled if a	15421
provision to that effect is specifically included in the policy of	15422
insurance or in a written plan of operation of the self-insurance	15423
program, or, if any, the legislative enactment of the political	15424
subdivision authorizing the purchase of the insurance or the	15425
establishment and maintenance of the self-insurance program. Such	15426
a specific waiver shall be only to the extent of the insurance or	15427
self-insurance program coverage.	15428

(C) The authorizations for political subdivisions to secure	15429
insurance and to establish and maintain self-insurance programs in	15430
this section are in addition to any other authority to secure	15431
insurance or to establish and maintain self-insurance programs	15432
that is granted pursuant to the Revised Code or the constitution	15433
of this state, and they are not in derogation of any other	15434
authorization.	15435

Sec. 2744.082. (A) If a political subdivision, pursuant to	15436
division (A)(2)(a) of section 2744.08 of the Revised Code, has	15437
allocated costs to, or required the payment of deductibles from,	15438
funds or accounts in the subdivision's treasury, the subdivision's	15439
fiscal officer, pursuant to an ordinance or resolution of the	15440
subdivision's legislative authority, shall transfer amounts equal	15441
to those costs or deductibles from the funds or accounts to the	15442
subdivision's general fund if both of the following occur:	15443

(1) The subdivision requests payment from the employee	15444
responsible for the funds or accounts for those costs or	15445
deductibles;	15446

(2) The employee receiving the request fails to remit payment	15447
within forty-five days after the date of receipt of the request.	15448

(B) Sections 5705.14, 5705.15, and 5705.16 of the Revised	15449
Code do not apply to transfers made pursuant to this section.	15450

Sec. 2901.07. (A) As used in this section:

15451

(1) "DNA analysis" and "DNA specimen" have the same meanings	15452
as in section 109.573 of the Revised Code.	15453

(2) "Jail" and "community-based correctional facility" have	15454
the same meanings as in section 2929.01 of the Revised Code.	15455

(3) "Post-release control" has the same meaning as in section	15456
2967.01 of the Revised Code.	15457

(B)(1) A person who is convicted of or pleads guilty to a	15458
felony offense listed in division (D) of this section and who is	15459
sentenced to a prison term or to a community residential sanction	15460
in a jail or community-based correctional facility pursuant to	15461
section 2929.16 of the Revised Code, and a person who is convicted	15462
of or pleads guilty to a misdemeanor offense listed in division	15463
(D) of this section and who is sentenced to a term of imprisonment	15464
shall submit to a DNA specimen collection procedure administered	15465
by the director of rehabilitation and correction or the chief	15466
administrative officer of the jail or other detention facility in	15467
which the person is serving the term of imprisonment. If the	15468
person serves the prison term in a state correctional institution,	15469
the director of rehabilitation and correction shall cause the DNA	15470
specimen to be collected from the person during the intake process	15471
at the reception facility designated by the director. If the	15472
person serves the community residential sanction or term of	15473
imprisonment in a jail, a community-based correctional facility,	15474
or another county, multicounty, municipal, municipal-county, or	15475
multicounty-municipal detention facility, the chief administrative	15476
officer of the jail, community-based correctional facility, or	15477
detention facility shall cause the DNA specimen to be collected	15478
from the person during the intake process at the jail,	15479
community-based correctional facility, or detention facility. In	15480
accordance with division (C) of this section, the director or the	15481
chief administrative officer shall cause the DNA specimen to be	15482
forwarded to the bureau of criminal identification and	15483
investigation no later than fifteen days after the date of the	15484
collection of the DNA specimen. The DNA specimen shall be	15485
collected in accordance with division (C) of this section.	15486

(2) If a person is convicted of or pleads guilty to an	15487
offense listed in division (D) of this section, is serving a	15488
prison term, community residential sanction, or term of	15489
imprisonment for that offense, and does not provide a DNA specimen	15490
pursuant to division (B)(1) of this section, prior to the person's	15491
release from the prison term, community residential sanction, or	15492
imprisonment, the person shall submit to, and the director of	15493
rehabilitation and correction or the chief administrative officer	15494
of the jail, community-based correctional facility, or detention	15495
facility in which the person is serving the prison term, community	15496
residential sanction, or term of imprisonment shall administer, a	15497
DNA specimen collection procedure at the state correctional	15498
institution, jail, community-based correctional facility, or	15499
detention facility in which the person is serving the prison term,	15500
community residential sanction, or term of imprisonment. In	15501
accordance with division (C) of this section, the director or the	15502
chief administrative officer shall cause the DNA specimen to be	15503
forwarded to the bureau of criminal identification and	15504
investigation no later than fifteen days after the date of the	15505
collection of the DNA specimen. The DNA specimen shall be	15506
collected in accordance with division (C) of this section.	15507

(3) If a person sentenced to a term of imprisonment or	15508
serving a prison term or community residential sanction for	15509
committing an offense listed in division (D) of this section is on	15510
probation, is released on parole, under transitional control, or	15511
on another type of release, or is on post-release control, if the	15512
person is under the supervision of a probation department or the	15513
adult parole authority, if the person is sent to jail or is	15514
returned to a jail, community-based correctional facility, or	15515
state correctional institution for a violation of the terms and	15516
conditions of the probation, parole, transitional control, other	15517
release, or post-release control, if the person was or will be	15518
serving a term of imprisonment, prison term, or community	15519
residential sanction for committing an offense listed in division	15520
(D) of this section, and if the person did not provide a DNA	15521
specimen pursuant to division (B)(1) or (2) of this section, the	15522
person shall submit to, and the director of rehabilitation and	15523
correction or the chief administrative officer of the jail or	15524
community-based correctional facility shall administer, a DNA	15525
specimen collection procedure at the jail, community-based	15526
correctional facility, or state correctional institution in which	15527
the person is serving the term of imprisonment, prison term, or	15528
community residential sanction. In accordance with division (C) of	15529
this section, the director or the chief administrative officer	15530
shall cause the DNA specimen to be forwarded to the bureau of	15531
criminal identification and investigation no later than fifteen	15532
days after the date of the collection of the DNA specimen. The DNA	15533
specimen shall be collected from the person in accordance with	15534
division (C) of this section.	15535

(C) If the DNA specimen is collected by withdrawing blood	15536
from the person or a similarly invasive procedure, a physician,	15537
registered nurse, licensed practical nurse, duly licensed clinical	15538
laboratory technician, or other qualified medical practitioner	15539
shall collect in a medically approved manner the DNA specimen	15540
required to be collected pursuant to division (B) of this section.	15541
If the DNA specimen is collected by swabbing for buccal cells or a	15542
similarly noninvasive procedure, this section does not require	15543
that the DNA specimen be collected by a qualified medical	15544
practitioner of that nature. No later than fifteen days after the	15545
date of the collection of the DNA specimen, the director of	15546
rehabilitation and correction or the chief administrative officer	15547
of the jail, community-based correctional facility, or other	15548
county, multicounty, municipal, municipal-county, or	15549
multicounty-municipal detention facility, in which the person is	15550
serving the prison term, community residential sanction, or term	15551
of imprisonment shall cause the DNA specimen to be forwarded to	15552
the bureau of criminal identification and investigation in	15553
accordance with procedures established by the superintendent of	15554
the bureau under division (H) of section 109.573 of the Revised	15555
Code. The bureau shall provide the specimen vials, mailing tubes,	15556
labels, postage, and instructions needed for the collection and	15557
forwarding of the DNA specimen to the bureau.	15558

(D) The director of rehabilitation and correction and the	15559
chief administrative officer of the jail, community-based	15560
correctional facility, or other county, multicounty, municipal,	15561
municipal-county, or multicounty-municipal detention facility	15562
shall cause a DNA specimen to be collected in accordance with	15563
divisions (B) and (C) of this section from a person in its custody	15564
who is convicted of or pleads guilty to any of the following	15565
offenses:	15566

(1) A violation of section 2903.01, 2903.02, 2903.11,	15567
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02,	15568
2911.11, or 2911.12 of the Revised Code;	15569

(2) A violation of section 2907.12 of the Revised Code as it	15570
existed prior to September 3, 1996;	15571

(3) An attempt to commit a violation of section 2903.01,	15572
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	15573
or to commit a violation of section 2907.12 of the Revised Code as	15574
it existed prior to September 3, 1996;	15575

(4) A violation of any law that arose out of the same facts	15576
and circumstances and same act as did a charge against the person	15577
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	15578
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	15579
previously was dismissed or amended or as did a charge against the	15580
person of a violation of section 2907.12 of the Revised Code as it	15581
existed prior to September 3, 1996, that previously was dismissed	15582
or amended;	15583

(5) A violation of section 2905.02 or 2919.23 of the Revised	15584
Code that would have been a violation of section 2905.04 of the	15585
Revised Code as it existed prior to July 1, 1996, had it been	15586
committed prior to that date;	15587

(6) A sexually oriented offense or a child-victim oriented	15588
offense, both as defined in section 2950.01 of the Revised Code,	15589
if, in relation to that offense, the offender has been adjudicated	15590
a sexual predator or a child-victim predator, both as defined in	15591
section 2950.01 of the Revised Code;	15592

(7) A felony violation of any law that arose out of the same	15593
facts and circumstances and same act as did a charge against the	15594
person of a violation of section 2903.11, 2911.01, 2911.02, or	15595
2911.12 of the Revised Code that previously was dismissed or	15596
amended;	15597

(8) A conspiracy to commit a violation of section 2903.01,	15598
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	15599
Revised Code;	15600

(9) Complicity in committing a violation of section 2903.01,	15601
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	15602
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	15603
violation of section 2907.12 of the Revised Code as it existed	15604
prior to September 3, 1996.	15605

(E) The director of rehabilitation and correction or a chief	15606
administrative officer of a jail, community-based correctional	15607
facility, or other detention facility described in division (B) of	15608
this section in relation to the following offenses is not required	15609
to comply with this section until the superintendent of the bureau	15610
of criminal identification and investigation gives agencies in the	15611
criminal justice system, as defined in section ~~181.51~~5502.61 of	15612
the Revised Code, in the state official notification that the	15613
state DNA laboratory is prepared to accept DNA specimens of that	15614
nature:	15615

(1) A violation of section 2903.11, 2911.01, 2911.02, or	15616
2911.12 of the Revised Code;	15617

(2) An attempt to commit a violation of section 2903.01 or	15618
2903.02 of the Revised Code;	15619

(3) A felony violation of any law that arose out of the same	15620
facts and circumstances and same act as did a charge against the	15621
person of a violation of section 2903.11, 2911.01, 2911.02, or	15622
2911.12 of the Revised Code that previously was dismissed or	15623
amended;	15624

(4) A conspiracy to commit a violation of section 2903.01,	15625
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	15626
Revised Code;	15627

(5) Complicity in committing a violation of section 2903.01,	15628
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	15629
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	15630
violation of section 2907.12 of the Revised Code as it existed	15631
prior to September 3, 1996.	15632

Sec. 2913.40. (A) As used in this section:

15633

(1) "Statement or representation" means any oral, written,	15634
electronic, electronic impulse, or magnetic communication that is	15635
used to identify an item of goods or a service for which	15636
reimbursement may be made under the medical assistance program or	15637
that states income and expense and is or may be used to determine	15638
a rate of reimbursement under the medical assistance program.	15639

(2) "Medical assistance program" means the program	15640
established by the department of job and family services to	15641
provide medical assistance under section 5111.01 of the Revised	15642
Code and the medicaid program of Title XIX of the "Social Security	15643
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	15644

(3) "Provider" means any person who has signed a provider	15645
agreement with the department of job and family services to	15646
provide goods or services pursuant to the medical assistance	15647
program or any person who has signed an agreement with a party to	15648
such a provider agreement under which the person agrees to provide	15649
goods or services that are reimbursable under the medical	15650
assistance program.	15651

(4) "Provider agreement" means an oral or written agreement	15652
between the department of job and family services and a person in	15653
which the person agrees to provide goods or services under the	15654
medical assistance program.	15655

(5) "Recipient" means any individual who receives goods or	15656
services from a provider under the medical assistance program.	15657

(6) "Records" means any medical, professional, financial, or	15658
business records relating to the treatment or care of any	15659
recipient, to goods or services provided to any recipient, or to	15660
rates paid for goods or services provided to any recipient and any	15661
records that are required by the rules of the director of job and	15662
family services to be kept for the medical assistance program.	15663

(B) No person shall knowingly make or cause to be made a	15664
false or misleading statement or representation for use in	15665
obtaining reimbursement from the medical assistance program.	15666

(C) No person, with purpose to commit fraud or knowing that	15667
the person is facilitating a fraud, shall do either of the	15668
following:	15669

(1) Contrary to the terms of the person's provider agreement,	15670
charge, solicit, accept, or receive for goods or services that the	15671
person provides under the medical assistance program any property,	15672
money, or other consideration in addition to the amount of	15673
reimbursement under the medical assistance program and the	15674
person's provider agreement for the goods or services and any	15675
deductibles or co-payments authorized by ~~rules adopted under~~	15676
section 5111.0112 of the Revised Code or ~~by any~~ rules adopted	15677
pursuant to ~~that~~ section 5111.01, 5111.011, or 5111.02 of the	15678
Revised Code.	15679

(2) Solicit, offer, or receive any remuneration, other than	15680
any deductibles or co-payments authorized by section 5111.0112 of	15681
the Revised Code or rules adopted under section ~~5111.0112~~5111.01,	15682
5111.011, or 5111.02 of the Revised Code ~~or by any rules adopted~~	15683
~~pursuant to that section~~, in cash or in kind, including, but not	15684
limited to, a kickback or rebate, in connection with the	15685
furnishing of goods or services for which whole or partial	15686
reimbursement is or may be made under the medical assistance	15687
program.	15688

(D) No person, having submitted a claim for or provided goods	15689
or services under the medical assistance program, shall do either	15690
of the following for a period of at least six years after a	15691
reimbursement pursuant to that claim, or a reimbursement for those	15692
goods or services, is received under the medical assistance	15693
program:	15694

(1) Knowingly alter, falsify, destroy, conceal, or remove any	15695
records that are necessary to fully disclose the nature of all	15696
goods or services for which the claim was submitted, or for which	15697
reimbursement was received, by the person;	15698

(2) Knowingly alter, falsify, destroy, conceal, or remove any	15699
records that are necessary to disclose fully all income and	15700
expenditures upon which rates of reimbursements were based for the	15701
person.	15702

(E) Whoever violates this section is guilty of medicaid	15703
fraud. Except as otherwise provided in this division, medicaid	15704
fraud is a misdemeanor of the first degree. If the value of	15705
property, services, or funds obtained in violation of this section	15706
is five hundred dollars or more and is less than five thousand	15707
dollars, medicaid fraud is a felony of the fifth degree. If the	15708
value of property, services, or funds obtained in violation of	15709
this section is five thousand dollars or more and is less than one	15710
hundred thousand dollars, medicaid fraud is a felony of the fourth	15711
degree. If the value of the property, services, or funds obtained	15712
in violation of this section is one hundred thousand dollars or	15713
more, medicaid fraud is a felony of the third degree.	15714

(F) Upon application of the governmental agency, office, or	15715
other entity that conducted the investigation and prosecution in a	15716
case under this section, the court shall order any person who is	15717
convicted of a violation of this section for receiving any	15718
reimbursement for furnishing goods or services under the medical	15719
assistance program to which the person is not entitled to pay to	15720
the applicant its cost of investigating and prosecuting the case.	15721
The costs of investigation and prosecution that a defendant is	15722
ordered to pay pursuant to this division shall be in addition to	15723
any other penalties for the receipt of that reimbursement that are	15724
provided in this section, section 5111.03 of the Revised Code, or	15725
any other provision of law.	15726

(G) The provisions of this section are not intended to be	15727
exclusive remedies and do not preclude the use of any other	15728
criminal or civil remedy for any act that is in violation of this	15729
section.	15730

Sec. 2913.401. (A) As used in this section:

15731

(1) "Medicaid benefits" means benefits under the medical	15732
assistance program established under Chapter 5111. of the Revised	15733
Code.	15734

(2) "Property" means any real or personal property or other	15735
asset in which a person has any legal title or interest.	15736

(B) No person shall knowingly do any of the following in an	15737
application for medicaid benefits or in a document that requires a	15738
disclosure of assets for the purpose of determining eligibility to	15739
receive medicaid benefits:	15740

(1) Make or cause to be made a false or misleading statement;

15741

(2) Conceal an interest in property;

15742

(3)(a) Except as provided in division (B)(3)(b) of this	15743
section, fail to disclose a transfer of property that occurred	15744
during the period beginning thirty-six months before submission of	15745
the application or document and ending on the date the application	15746
or document was submitted;	15747

(b) Fail to disclose a transfer of property that occurred	15748
during the period beginning sixty months before submission of the	15749
application or document and ending on the date the application or	15750
document was submitted and that was made to an irrevocable trust a	15751
portion of which is not distributable to the applicant for	15752
medicaid benefits or the recipient of medicaid benefits or to a	15753
revocable trust.	15754

(C)(1) Whoever violates this section is guilty of medicaid	15755
eligibility fraud. Except as otherwise provided in this division,	15756
a violation of this section is a misdemeanor of the first degree.	15757
If the value of the medicaid benefits paid as a result of the	15758
violation is five hundred dollars or more and is less than five	15759
thousand dollars, a violation of this section is a felony of the	15760
fifth degree. If the value of the medicaid benefits paid as a	15761
result of the violation is five thousand dollars or more and is	15762
less than one hundred thousand dollars, a violation of this	15763
section is a felony of the fourth degree. If the value of the	15764
medicaid benefits paid as a result of the violation is one hundred	15765
thousand dollars or more, a violation of this section is a felony	15766
of the third degree.	15767

(2) In addition to imposing a sentence under division (C)(1)	15768
of this section, the court shall order that a person who is guilty	15769
of medicaid eligibility fraud make restitution in the full amount	15770
of any medicaid benefits paid on behalf of an applicant for or	15771
recipient of medicaid benefits for which the applicant or	15772
recipient was not eligible, plus interest at the rate applicable	15773
to judgments on unreimbursed amounts from the date on which the	15774
benefits were paid to the date on which restitution is made.	15775

(3) The remedies and penalties provided in this section are	15776
not exclusive and do not preclude the use of any other criminal or	15777
civil remedy for any act that is in violation of this section.	15778

(D) This section does not apply to a person who fully	15779
disclosed in an application for medicaid benefits or in a document	15780
that requires a disclosure of assets for the purpose of	15781
determining eligibility to receive medicaid benefits all of the	15782
interests in property of the applicant for or recipient of	15783
medicaid benefits, all transfers of property by the applicant for	15784
or recipient of medicaid benefits, and the circumstances of all	15785
those transfers.	15786

(E) Any amounts of medicaid benefits recovered as restitution	15787
under this section and any interest on those amounts shall be	15788
credited to the general revenue fund, and any applicable federal	15789
share shall be returned to the appropriate agency or department of	15790
the United States.	15791

Sec. 2921.13. (A) No person shall knowingly make a false	15792
statement, or knowingly swear or affirm the truth of a false	15793
statement previously made, when any of the following applies:	15794

(1) The statement is made in any official proceeding.

15795

(2) The statement is made with purpose to incriminate	15796
another.	15797

(3) The statement is made with purpose to mislead a public	15798
official in performing the public official's official function.	15799

(4) The statement is made with purpose to secure the payment	15800
of unemployment compensation; Ohio works first; prevention,	15801
retention, and contingency benefits and services; disability	15802
financial assistance; retirement benefits; economic development	15803
assistance, as defined in section 9.66 of the Revised Code; or	15804
other benefits administered by a governmental agency or paid out	15805
of a public treasury.	15806

(5) The statement is made with purpose to secure the issuance	15807
by a governmental agency of a license, permit, authorization,	15808
certificate, registration, release, or provider agreement.	15809

(6) The statement is sworn or affirmed before a notary public	15810
or another person empowered to administer oaths.	15811

(7) The statement is in writing on or in connection with a	15812
report or return that is required or authorized by law.	15813

(8) The statement is in writing and is made with purpose to	15814
induce another to extend credit to or employ the offender, to	15815
confer any degree, diploma, certificate of attainment, award of	15816
excellence, or honor on the offender, or to extend to or bestow	15817
upon the offender any other valuable benefit or distinction, when	15818
the person to whom the statement is directed relies upon it to	15819
that person's detriment.	15820

(9) The statement is made with purpose to commit or	15821
facilitate the commission of a theft offense.	15822

(10) The statement is knowingly made to a probate court in	15823
connection with any action, proceeding, or other matter within its	15824
jurisdiction, either orally or in a written document, including,	15825
but not limited to, an application, petition, complaint, or other	15826
pleading, or an inventory, account, or report.	15827

(11) The statement is made on an account, form, record,	15828
stamp, label, or other writing that is required by law.	15829

(12) The statement is made in connection with the purchase of	15830
a firearm, as defined in section 2923.11 of the Revised Code, and	15831
in conjunction with the furnishing to the seller of the firearm of	15832
a fictitious or altered driver's or commercial driver's license or	15833
permit, a fictitious or altered identification card, or any other	15834
document that contains false information about the purchaser's	15835
identity.	15836

(13) The statement is made in a document or instrument of	15837
writing that purports to be a judgment, lien, or claim of	15838
indebtedness and is filed or recorded with the secretary of state,	15839
a county recorder, or the clerk of a court of record.	15840

(14) The statement is made with purpose to obtain an Ohio's	15841
best Rx program enrollment card under section 5110.09 of the	15842
Revised Code or a payment from the department of job and family	15843
services under section 5110.17 of the Revised Code.	15844

~~(14)~~(15) The statement is made in an application filed with a	15845
county sheriff pursuant to section 2923.125 of the Revised Code in	15846
order to obtain or renew a license to carry a concealed handgun or	15847
is made in an affidavit submitted to a county sheriff to obtain a	15848
temporary emergency license to carry a concealed handgun under	15849
section 2923.1213 of the Revised Code.	15850

(16) The statement is required under section 5743.72 of the	15851
Revised Code in connection with the person's purchase of	15852
cigarettes or tobacco products in a delivery sale.	15853

(B) No person, in connection with the purchase of a firearm,	15854
as defined in section 2923.11 of the Revised Code, shall knowingly	15855
furnish to the seller of the firearm a fictitious or altered	15856
driver's or commercial driver's license or permit, a fictitious or	15857
altered identification card, or any other document that contains	15858
false information about the purchaser's identity.	15859

(C) No person, in an attempt to obtain a license to carry a	15860
concealed handgun under section 2923.125 of the Revised Code,	15861
shall knowingly present to a sheriff a fictitious or altered	15862
document that purports to be certification of the person's	15863
competence in handling a handgun as described in division (B)(3)	15864
of section 2923.125 of the Revised Code.	15865

(D) It is no defense to a charge under division (A)(6) of	15866
this section that the oath or affirmation was administered or	15867
taken in an irregular manner.	15868

(E) If contradictory statements relating to the same fact are	15869
made by the offender within the period of the statute of	15870
limitations for falsification, it is not necessary for the	15871
prosecution to prove which statement was false but only that one	15872
or the other was false.	15873

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	15874
(6), (7), (8), (10), (11), (13), or (14), or (16) of this section	15875
is guilty of falsification, a misdemeanor of the first degree.	15876

(2) Whoever violates division (A)(9) of this section is	15877
guilty of falsification in a theft offense. Except as otherwise	15878
provided in this division, falsification in a theft offense is a	15879
misdemeanor of the first degree. If the value of the property or	15880
services stolen is five hundred dollars or more and is less than	15881
five thousand dollars, falsification in a theft offense is a	15882
felony of the fifth degree. If the value of the property or	15883
services stolen is five thousand dollars or more and is less than	15884
one hundred thousand dollars, falsification in a theft offense is	15885
a felony of the fourth degree. If the value of the property or	15886
services stolen is one hundred thousand dollars or more,	15887
falsification in a theft offense is a felony of the third degree.	15888

(3) Whoever violates division (A)(12) or (B) of this section	15889
is guilty of falsification to purchase a firearm, a felony of the	15890
fifth degree.	15891

(4) Whoever violates division (A)~~(14)~~(15) or (C) of this	15892
section is guilty of falsification to obtain a concealed handgun	15893
license, a felony of the fourth degree.	15894

(G) A person who violates this section is liable in a civil	15895
action to any person harmed by the violation for injury, death, or	15896
loss to person or property incurred as a result of the commission	15897
of the offense and for reasonable attorney's fees, court costs,	15898
and other expenses incurred as a result of prosecuting the civil	15899
action commenced under this division. A civil action under this	15900
division is not the exclusive remedy of a person who incurs	15901
injury, death, or loss to person or property as a result of a	15902
violation of this section.	15903

Sec. 2923.25. Each federally licensed firearms dealer who	15904
sells any firearm, at the time of the sale of the firearm, shall	15905
offer for sale to the purchaser of the firearm a trigger lock, gun	15906
lock, or gun locking device that is appropriate for that firearm.	15907
Each federally licensed firearms dealer shall post in a	15908
conspicuous location in the dealer's place of business the poster	15909
furnished to the dealer pursuant to section ~~181.521~~5502.63 of the	15910
Revised Code and shall make available to all purchasers of	15911
firearms from the dealer the brochure furnished to the dealer	15912
pursuant to that section.	15913

As used in this section, "federally licensed firearms dealer"	15914
has the same meaning as in section ~~181.251~~5502.63 of the Revised	15915
Code.	15916

Sec. 2927.023. (A) As used in this section "authorized	15917
recipient of tobacco products" means a person who is:	15918

(1) Licensed as a cigarette wholesale dealer under section	15919
5743.15 of the Revised Code;	15920

(2) Licensed as a distributor of tobacco products under	15921
section 5743.61 of the Revised Code;	15922

(3) An export warehouse proprietor as defined in section 5702	15923
of the Internal Revenue Code;	15924

(4) An operator of a customs bonded warehouse under 19 U.S.C.	15925
1311 or 19 U.S.C. 1555;	15926

(5) An officer, employee, or agent of the federal government	15927
or of this state acting in the person's official capacity;	15928

(6) A department, agency, instrumentality, or political	15929
subdivision of the federal government or of this state;	15930

(7) A person having a consent for consumer shipment issued by	15931
the tax commissioner under section 5743.71 of the Revised Code.	15932

The purpose of this section is to prevent the sale of	15933
cigarettes and other tobacco products to minors and to ensure	15934
compliance with the Master Settlement Agreement, as defined in	15935
section 1346.01 of the Revised Code.	15936

(B)(1) No person shall cause to be shipped any cigarettes or	15937
other tobacco products to any person in this state other than an	15938
authorized recipient of tobacco products.	15939

(2) No common carrier, contract carrier, or other person	15940
shall knowingly transport cigarettes or other tobacco products to	15941
any person in this state that the carrier or other person	15942
reasonably believes is not an authorized recipient of tobacco	15943
products. If cigarettes or other tobacco products are transported	15944
to a home or residence, it shall be presumed that the common	15945
carrier, contract carrier, or other person knew that the person to	15946
whom the cigarettes or tobacco products were delivered was not an	15947
authorized recipient of tobacco products.	15948

(C) No person engaged in the business of selling cigarettes	15949
or tobacco products who ships or causes to be shipped cigarettes	15950
or tobacco products to any person in this state in any container	15951
or wrapping other than the original container or wrapping of the	15952
cigarettes or tobacco products shall fail to plainly and visibly	15953
mark the exterior of the container or wrapping in which the	15954
cigarettes or tobacco products are shipped with the words	15955
"cigarettes or other tobacco products."	15956

(D) A court shall impose a fine of up to one thousand dollars	15957
for each violation of division (B)(1), (B)(2), or (C) of this	15958
section.	15959

Sec. 2929.13. (A) Except as provided in division (E), (F),	15960
or (G) of this section and unless a specific sanction is required	15961
to be imposed or is precluded from being imposed pursuant to law,	15962
a court that imposes a sentence upon an offender for a felony may	15963
impose any sanction or combination of sanctions on the offender	15964
that are provided in sections 2929.14 to 2929.18 of the Revised	15965
Code. The sentence shall not impose an unnecessary burden on state	15966
or local government resources.	15967

If the offender is eligible to be sentenced to community	15968
control sanctions, the court shall consider the appropriateness of	15969
imposing a financial sanction pursuant to section 2929.18 of the	15970
Revised Code or a sanction of community service pursuant to	15971
section 2929.17 of the Revised Code as the sole sanction for the	15972
offense. Except as otherwise provided in this division, if the	15973
court is required to impose a mandatory prison term for the	15974
offense for which sentence is being imposed, the court also may	15975
impose a financial sanction pursuant to section 2929.18 of the	15976
Revised Code but may not impose any additional sanction or	15977
combination of sanctions under section 2929.16 or 2929.17 of the	15978
Revised Code.	15979

If the offender is being sentenced for a fourth degree felony	15980
OVI offense or for a third degree felony OVI offense, in addition	15981
to the mandatory term of local incarceration or the mandatory	15982
prison term required for the offense by division (G)(1) or (2) of	15983
this section, the court shall impose upon the offender a mandatory	15984
fine in accordance with division (B)(3) of section 2929.18 of the	15985
Revised Code and may impose whichever of the following is	15986
applicable:	15987

(1) For a fourth degree felony OVI offense for which sentence	15988
is imposed under division (G)(1) of this section, an additional	15989
community control sanction or combination of community control	15990
sanctions under section 2929.16 or 2929.17 of the Revised Code. If	15991
the court imposes upon the offender a community control sanction	15992
and the offender violates any condition of the community control	15993
sanction, the court may take any action prescribed in division (B)	15994
of section 2929.15 of the Revised Code relative to the offender,	15995
including imposing a prison term on the offender pursuant to that	15996
division.	15997

(2) For a third or fourth degree felony OVI offense for which	15998
sentence is imposed under division (G)(2) of this section, an	15999
additional prison term as described in division (D)(4) of section	16000
2929.14 of the Revised Code or a community control sanction as	16001
described in division (G)(2) of this section.	16002

(B)(1) Except as provided in division (B)(2), (E), (F), or	16003
(G) of this section, in sentencing an offender for a felony of the	16004
fourth or fifth degree, the sentencing court shall determine	16005
whether any of the following apply:	16006

(a) In committing the offense, the offender caused physical	16007
harm to a person.	16008

(b) In committing the offense, the offender attempted to	16009
cause or made an actual threat of physical harm to a person with a	16010
deadly weapon.	16011

(c) In committing the offense, the offender attempted to	16012
cause or made an actual threat of physical harm to a person, and	16013
the offender previously was convicted of an offense that caused	16014
physical harm to a person.	16015

(d) The offender held a public office or position of trust	16016
and the offense related to that office or position; the offender's	16017
position obliged the offender to prevent the offense or to bring	16018
those committing it to justice; or the offender's professional	16019
reputation or position facilitated the offense or was likely to	16020
influence the future conduct of others.	16021

(e) The offender committed the offense for hire or as part of	16022
an organized criminal activity.	16023

(f) The offense is a sex offense that is a fourth or fifth	16024
degree felony violation of section 2907.03, 2907.04, 2907.05,	16025
2907.22, 2907.31, 2907.321, 2907.322, 2907.323, or 2907.34 of the	16026
Revised Code.	16027

(g) The offender at the time of the offense was serving, or	16028
the offender previously had served, a prison term.	16029

(h) The offender committed the offense while under a	16030
community control sanction, while on probation, or while released	16031
from custody on a bond or personal recognizance.	16032

(i) The offender committed the offense while in possession of	16033
a firearm.	16034

(2)(a) If the court makes a finding described in division	16035
(B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of this	16036
section and if the court, after considering the factors set forth	16037
in section 2929.12 of the Revised Code, finds that a prison term	16038
is consistent with the purposes and principles of sentencing set	16039
forth in section 2929.11 of the Revised Code and finds that the	16040
offender is not amenable to an available community control	16041
sanction, the court shall impose a prison term upon the offender.	16042

(b) Except as provided in division (E), (F), or (G) of this	16043
section, if the court does not make a finding described in	16044
division (B)(1)(a), (b), (c), (d), (e), (f), (g), (h), or (i) of	16045
this section and if the court, after considering the factors set	16046
forth in section 2929.12 of the Revised Code, finds that a	16047
community control sanction or combination of community control	16048
sanctions is consistent with the purposes and principles of	16049
sentencing set forth in section 2929.11 of the Revised Code, the	16050
court shall impose a community control sanction or combination of	16051
community control sanctions upon the offender.	16052

(C) Except as provided in division (E), (F), or (G) of this	16053
section, in determining whether to impose a prison term as a	16054
sanction for a felony of the third degree or a felony drug offense	16055
that is a violation of a provision of Chapter 2925. of the Revised	16056
Code and that is specified as being subject to this division for	16057
purposes of sentencing, the sentencing court shall comply with the	16058
purposes and principles of sentencing under section 2929.11 of the	16059
Revised Code and with section 2929.12 of the Revised Code.	16060

(D) Except as provided in division (E) or (F) of this	16061
section, for a felony of the first or second degree and for a	16062
felony drug offense that is a violation of any provision of	16063
Chapter 2925., 3719., or 4729. of the Revised Code for which a	16064
presumption in favor of a prison term is specified as being	16065
applicable, it is presumed that a prison term is necessary in	16066
order to comply with the purposes and principles of sentencing	16067
under section 2929.11 of the Revised Code. Notwithstanding the	16068
presumption established under this division, the sentencing court	16069
may impose a community control sanction or a combination of	16070
community control sanctions instead of a prison term on an	16071
offender for a felony of the first or second degree or for a	16072
felony drug offense that is a violation of any provision of	16073
Chapter 2925., 3719., or 4729. of the Revised Code for which a	16074
presumption in favor of a prison term is specified as being	16075
applicable if it makes both of the following findings:	16076

(1) A community control sanction or a combination of	16077
community control sanctions would adequately punish the offender	16078
and protect the public from future crime, because the applicable	16079
factors under section 2929.12 of the Revised Code indicating a	16080
lesser likelihood of recidivism outweigh the applicable factors	16081
under that section indicating a greater likelihood of recidivism.	16082

(2) A community control sanction or a combination of	16083
community control sanctions would not demean the seriousness of	16084
the offense, because one or more factors under section 2929.12 of	16085
the Revised Code that indicate that the offender's conduct was	16086
less serious than conduct normally constituting the offense are	16087
applicable, and they outweigh the applicable factors under that	16088
section that indicate that the offender's conduct was more serious	16089
than conduct normally constituting the offense.	16090

(E)(1) Except as provided in division (F) of this section,	16091
for any drug offense that is a violation of any provision of	16092
Chapter 2925. of the Revised Code and that is a felony of the	16093
third, fourth, or fifth degree, the applicability of a presumption	16094
under division (D) of this section in favor of a prison term or of	16095
division (B) or (C) of this section in determining whether to	16096
impose a prison term for the offense shall be determined as	16097
specified in section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	16098
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, or 2925.37 of the	16099
Revised Code, whichever is applicable regarding the violation.	16100

(2) If an offender who was convicted of or pleaded guilty to	16101
a felony violates the conditions of a community control sanction	16102
imposed for the offense solely by reason of producing positive	16103
results on a drug test, the court, as punishment for the violation	16104
of the sanction, shall not order that the offender be imprisoned	16105
unless the court determines on the record either of the following:	16106

(a) The offender had been ordered as a sanction for the	16107
felony to participate in a drug treatment program, in a drug	16108
education program, or in narcotics anonymous or a similar program,	16109
and the offender continued to use illegal drugs after a reasonable	16110
period of participation in the program.	16111

(b) The imprisonment of the offender for the violation is	16112
consistent with the purposes and principles of sentencing set	16113
forth in section 2929.11 of the Revised Code.	16114

(F) Notwithstanding divisions (A) to (E) of this section, the	16115
court shall impose a prison term or terms under sections 2929.02	16116
to 2929.06, section 2929.14, or section 2971.03 of the Revised	16117
Code, and except as specifically provided in section 2929.20,	16118
2967.05, or 2967.191 of the Revised Code or when parole is	16119
authorized for the offense under section 2967.13 of the Revised	16120
Code, the terms shall not ~~reduce the terms~~be reduced pursuant to	16121
section 2929.20, section 2967.193, or any other provision of	16122
Chapter 2967. or Chapter 5120. of the Revised Code for any of the	16123
following offenses:	16124

(1) Aggravated murder when death is not imposed or murder;

16125

(2) Any rape, regardless of whether force was involved and	16126
regardless of the age of the victim, or an attempt to commit rape	16127
if, had the offender completed the rape that was attempted, the	16128
offender would have been subject to a sentence of life	16129
imprisonment or life imprisonment without parole for the rape;	16130

(3) Gross sexual imposition or sexual battery, if the victim	16131
is under thirteen years of age, if the offender previously was	16132
convicted of or pleaded guilty to rape, the former offense of	16133
felonious sexual penetration, gross sexual imposition, or sexual	16134
battery, and if the victim of the previous offense was under	16135
thirteen years of age;	16136

(4) A felony violation of section 2903.04, 2903.06, 2903.08,	16137
2903.11, 2903.12, or 2903.13 of the Revised Code if the section	16138
requires the imposition of a prison term;	16139

(5) A first, second, or third degree felony drug offense for	16140
which section 2925.02, 2925.03, 2925.04, 2925.05, 2925.06,	16141
2925.11, 2925.13, 2925.22, 2925.23, 2925.36, 2925.37, 3719.99, or	16142
4729.99 of the Revised Code, whichever is applicable regarding the	16143
violation, requires the imposition of a mandatory prison term;	16144

(6) Any offense that is a first or second degree felony and	16145
that is not set forth in division (F)(1), (2), (3), or (4) of this	16146
section, if the offender previously was convicted of or pleaded	16147
guilty to aggravated murder, murder, any first or second degree	16148
felony, or an offense under an existing or former law of this	16149
state, another state, or the United States that is or was	16150
substantially equivalent to one of those offenses;	16151

(7) Any offense that is a third degree felony and that is	16152
listed in division (DD)(1) of section 2929.01 of the Revised Code	16153
if the offender previously was convicted of or pleaded guilty to	16154
any offense that is listed in division (DD)(2)(a)(i) or (ii) of	16155
section 2929.01 of the Revised Code;	16156

(8) Any offense, other than a violation of section 2923.12 of	16157
the Revised Code, that is a felony, if the offender had a firearm	16158
on or about the offender's person or under the offender's control	16159
while committing the felony, with respect to a portion of the	16160
sentence imposed pursuant to division (D)(1)(a) of section 2929.14	16161
of the Revised Code for having the firearm;	16162

(9) Any offense of violence that is a felony, if the offender	16163
wore or carried body armor while committing the felony offense of	16164
violence, with respect to the portion of the sentence imposed	16165
pursuant to division (D)(1)(d) of section 2929.14 of the Revised	16166
Code for wearing or carrying the body armor;	16167

(10) Corrupt activity in violation of section 2923.32 of the	16168
Revised Code when the most serious offense in the pattern of	16169
corrupt activity that is the basis of the offense is a felony of	16170
the first degree;	16171

(11) Any violent sex offense or designated homicide, assault,	16172
or kidnapping offense if, in relation to that offense, the	16173
offender is adjudicated a sexually violent predator;	16174

(12) A violation of division (A)(1) or (2) of section 2921.36	16175
of the Revised Code, or a violation of division (C) of that	16176
section involving an item listed in division (A)(1) or (2) of that	16177
section, if the offender is an officer or employee of the	16178
department of rehabilitation and correction;	16179

(13) A violation of division (A)(1) or (2) of section 2903.06	16180
of the Revised Code if the victim of the offense is a peace	16181
officer, as defined in section 2935.01 of the Revised Code, with	16182
respect to the portion of the sentence imposed pursuant to	16183
division (D)(5) of section 2929.14 of the Revised Code;	16184

(14) A violation of division (A)(1) or (2) of section 2903.06	16185
of the Revised Code if the offender has been convicted of or	16186
pleaded guilty to three or more violations of division (A) or (B)	16187
of section 4511.19 of the Revised Code or an equivalent offense,	16188
as defined in section 2941.1415 of the Revised Code, or three or	16189
more violations of any combination of those divisions and	16190
offenses, with respect to the portion of the sentence imposed	16191
pursuant to division (D)(6) of section 2929.14 of the Revised	16192
Code.	16193

(G) Notwithstanding divisions (A) to (E) of this section, if	16194
an offender is being sentenced for a fourth degree felony OVI	16195
offense or for a third degree felony OVI offense, the court shall	16196
impose upon the offender a mandatory term of local incarceration	16197
or a mandatory prison term in accordance with the following:	16198

(1) If the offender is being sentenced for a fourth degree	16199
felony OVI offense and if the offender has not been convicted of	16200
and has not pleaded guilty to a specification of the type	16201
described in section 2941.1413 of the Revised Code, the court may	16202
impose upon the offender a mandatory term of local incarceration	16203
of sixty days or one hundred twenty days as specified in division	16204
(G)(1)(d) of section 4511.19 of the Revised Code. ~~The court~~	16205
Subject to section 2967.05 of the Revised Code, the term shall not	16206
~~reduce the term~~be reduced pursuant to section 2929.20, 2967.193,	16207
or any other provision of the Revised Code. The court that imposes	16208
a mandatory term of local incarceration under this division shall	16209
specify whether the term is to be served in a jail, a	16210
community-based correctional facility, a halfway house, or an	16211
alternative residential facility, and the offender shall serve the	16212
term in the type of facility specified by the court. A mandatory	16213
term of local incarceration imposed under division (G)(1) of this	16214
section is not subject to extension under section 2967.11 of the	16215
Revised Code, to a period of post-release control under section	16216
2967.28 of the Revised Code, or to any other Revised Code	16217
provision that pertains to a prison term except as provided in	16218
division (A)(1) of this section.	16219

(2) If the offender is being sentenced for a third degree	16220
felony OVI offense, or if the offender is being sentenced for a	16221
fourth degree felony OVI offense and the court does not impose a	16222
mandatory term of local incarceration under division (G)(1) of	16223
this section, the court shall impose upon the offender a mandatory	16224
prison term of one, two, three, four, or five years if the	16225
offender also is convicted of or also pleads guilty to a	16226
specification of the type described in section 2941.1413 of the	16227
Revised Code or shall impose upon the offender a mandatory prison	16228
term of sixty days or one hundred twenty days as specified in	16229
division (G)(1)(d) or (e) of section 4511.19 of the Revised Code	16230
if the offender has not been convicted of and has not pleaded	16231
guilty to a specification of that type. ~~The court~~Subject to	16232
section 2967.05 of the Revised Code, the term shall not ~~reduce the~~	16233
~~term~~be reduced pursuant to section 2929.20, 2967.193, or any	16234
other provision of the Revised Code. The offender shall serve the	16235
one-, two-, three-, four-, or five-year mandatory prison term	16236
consecutively to and prior to the prison term imposed for the	16237
underlying offense and consecutively to any other mandatory prison	16238
term imposed in relation to the offense. In no case shall an	16239
offender who once has been sentenced to a mandatory term of local	16240
incarceration pursuant to division (G)(1) of this section for a	16241
fourth degree felony OVI offense be sentenced to another mandatory	16242
term of local incarceration under that division for any violation	16243
of division (A) of section 4511.19 of the Revised Code. In	16244
addition to the mandatory prison term described in division (G)(2)	16245
of this section, the court may sentence the offender to a	16246
community control sanction under section 2929.16 or 2929.17 of the	16247
Revised Code, but the offender shall serve the prison term prior	16248
to serving the community control sanction. The department of	16249
rehabilitation and correction may place an offender sentenced to a	16250
mandatory prison term under this division in an intensive program	16251
prison established pursuant to section 5120.033 of the Revised	16252
Code if the department gave the sentencing judge prior notice of	16253
its intent to place the offender in an intensive program prison	16254
established under that section and if the judge did not notify the	16255
department that the judge disapproved the placement. Upon the	16256
establishment of the initial intensive program prison pursuant to	16257
section 5120.033 of the Revised Code that is privately operated	16258
and managed by a contractor pursuant to a contract entered into	16259
under section 9.06 of the Revised Code, both of the following	16260
apply:	16261

(a) The department of rehabilitation and correction shall	16262
make a reasonable effort to ensure that a sufficient number of	16263
offenders sentenced to a mandatory prison term under this division	16264
are placed in the privately operated and managed prison so that	16265
the privately operated and managed prison has full occupancy.	16266

(b) Unless the privately operated and managed prison has full	16267
occupancy, the department of rehabilitation and correction shall	16268
not place any offender sentenced to a mandatory prison term under	16269
this division in any intensive program prison established pursuant	16270
to section 5120.033 of the Revised Code other than the privately	16271
operated and managed prison.	16272

(H) If an offender is being sentenced for a sexually oriented	16273
offense committed on or after January 1, 1997, the judge shall	16274
require the offender to submit to a DNA specimen collection	16275
procedure pursuant to section 2901.07 of the Revised Code if	16276
either of the following applies:	16277

(1) The offense was a violent sex offense or a designated	16278
homicide, assault, or kidnapping offense and, in relation to that	16279
offense, the offender was adjudicated a sexually violent predator.	16280

(2) The judge imposing sentence for the sexually oriented	16281
offense determines pursuant to division (B) of section 2950.09 of	16282
the Revised Code that the offender is a sexual predator.	16283

(I) If an offender is being sentenced for a sexually oriented	16284
offense that is not a registration-exempt sexually oriented	16285
offense or for a child-victim oriented offense committed on or	16286
after January 1, 1997, the judge shall include in the sentence a	16287
summary of the offender's duties imposed under sections 2950.04,	16288
2950.041, 2950.05, and 2950.06 of the Revised Code and the	16289
duration of the duties. The judge shall inform the offender, at	16290
the time of sentencing, of those duties and of their duration and,	16291
if required under division (A)(2) of section 2950.03 of the	16292
Revised Code, shall perform the duties specified in that section.	16293

(J)(1) Except as provided in division (J)(2) of this section,	16294
when considering sentencing factors under this section in relation	16295
to an offender who is convicted of or pleads guilty to an attempt	16296
to commit an offense in violation of section 2923.02 of the	16297
Revised Code, the sentencing court shall consider the factors	16298
applicable to the felony category of the violation of section	16299
2923.02 of the Revised Code instead of the factors applicable to	16300
the felony category of the offense attempted.	16301

(2) When considering sentencing factors under this section in	16302
relation to an offender who is convicted of or pleads guilty to an	16303
attempt to commit a drug abuse offense for which the penalty is	16304
determined by the amount or number of unit doses of the controlled	16305
substance involved in the drug abuse offense, the sentencing court	16306
shall consider the factors applicable to the felony category that	16307
the drug abuse offense attempted would be if that drug abuse	16308
offense had been committed and had involved an amount or number of	16309
unit doses of the controlled substance that is within the next	16310
lower range of controlled substance amounts than was involved in	16311
the attempt.	16312

(K) As used in this section, "drug abuse offense" has the	16313
same meaning as in section 2925.01 of the Revised Code.	16314

Sec. 2929.14. (A) Except as provided in division (C),	16315
(D)(1), (D)(2), (D)(3), (D)(4), (D)(5), (D)(6), or (G) of this	16316
section and except in relation to an offense for which a sentence	16317
of death or life imprisonment is to be imposed, if the court	16318
imposing a sentence upon an offender for a felony elects or is	16319
required to impose a prison term on the offender pursuant to this	16320
chapter, the court shall impose a definite prison term that shall	16321
be one of the following:	16322

(1) For a felony of the first degree, the prison term shall	16323
be three, four, five, six, seven, eight, nine, or ten years.	16324

(2) For a felony of the second degree, the prison term shall	16325
be two, three, four, five, six, seven, or eight years.	16326

(3) For a felony of the third degree, the prison term shall	16327
be one, two, three, four, or five years.	16328

(4) For a felony of the fourth degree, the prison term shall	16329
be six, seven, eight, nine, ten, eleven, twelve, thirteen,	16330
fourteen, fifteen, sixteen, seventeen, or eighteen months.	16331

(5) For a felony of the fifth degree, the prison term shall	16332
be six, seven, eight, nine, ten, eleven, or twelve months.	16333

(B) Except as provided in division (C), (D)(1), (D)(2),	16334
(D)(3), (D)(5), (D)(6), or (G) of this section, in section 2907.02	16335
of the Revised Code, or in Chapter 2925. of the Revised Code, if	16336
the court imposing a sentence upon an offender for a felony elects	16337
or is required to impose a prison term on the offender, the court	16338
shall impose the shortest prison term authorized for the offense	16339
pursuant to division (A) of this section, unless one or more of	16340
the following applies:	16341

(1) The offender was serving a prison term at the time of the	16342
offense, or the offender previously had served a prison term.	16343

(2) The court finds on the record that the shortest prison	16344
term will demean the seriousness of the offender's conduct or will	16345
not adequately protect the public from future crime by the	16346
offender or others.	16347

(C) Except as provided in division (G) of this section or in	16348
Chapter 2925. of the Revised Code, the court imposing a sentence	16349
upon an offender for a felony may impose the longest prison term	16350
authorized for the offense pursuant to division (A) of this	16351
section only upon offenders who committed the worst forms of the	16352
offense, upon offenders who pose the greatest likelihood of	16353
committing future crimes, upon certain major drug offenders under	16354
division (D)(3) of this section, and upon certain repeat violent	16355
offenders in accordance with division (D)(2) of this section.	16356

(D)(1)(a) Except as provided in division (D)(1)(e) of this	16357
section, if an offender who is convicted of or pleads guilty to a	16358
felony also is convicted of or pleads guilty to a specification of	16359
the type described in section 2941.141, 2941.144, or 2941.145 of	16360
the Revised Code, the court shall impose on the offender one of	16361
the following prison terms:	16362

(i) A prison term of six years if the specification is of the	16363
type described in section 2941.144 of the Revised Code that	16364
charges the offender with having a firearm that is an automatic	16365
firearm or that was equipped with a firearm muffler or silencer on	16366
or about the offender's person or under the offender's control	16367
while committing the felony;	16368

(ii) A prison term of three years if the specification is of	16369
the type described in section 2941.145 of the Revised Code that	16370
charges the offender with having a firearm on or about the	16371
offender's person or under the offender's control while committing	16372
the offense and displaying the firearm, brandishing the firearm,	16373
indicating that the offender possessed the firearm, or using it to	16374
facilitate the offense;	16375

(iii) A prison term of one year if the specification is of	16376
the type described in section 2941.141 of the Revised Code that	16377
charges the offender with having a firearm on or about the	16378
offender's person or under the offender's control while committing	16379
the felony.	16380

(b) If a court imposes a prison term on an offender under	16381
division (D)(1)(a) of this section, subject to section 2967.05 of	16382
the Revised Code, the prison term shall not be reduced pursuant to	16383
section 2929.20, section 2967.193, or any other provision of	16384
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16385
not impose more than one prison term on an offender under division	16386
(D)(1)(a) of this section for felonies committed as part of the	16387
same act or transaction.	16388

(c) Except as provided in division (D)(1)(e) of this section,	16389
if an offender who is convicted of or pleads guilty to a violation	16390
of section 2923.161 of the Revised Code or to a felony that	16391
includes, as an essential element, purposely or knowingly causing	16392
or attempting to cause the death of or physical harm to another,	16393
also is convicted of or pleads guilty to a specification of the	16394
type described in section 2941.146 of the Revised Code that	16395
charges the offender with committing the offense by discharging a	16396
firearm from a motor vehicle other than a manufactured home, the	16397
court, after imposing a prison term on the offender for the	16398
violation of section 2923.161 of the Revised Code or for the other	16399
felony offense under division (A), (D)(2), or (D)(3) of this	16400
section, shall impose an additional prison term of five years upon	16401
the offender that, subject to section 2967.05 of the Revised Code,	16402
shall not be reduced pursuant to section 2929.20, section	16403
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	16404
of the Revised Code. A court shall not impose more than one	16405
additional prison term on an offender under division (D)(1)(c) of	16406
this section for felonies committed as part of the same act or	16407
transaction. If a court imposes an additional prison term on an	16408
offender under division (D)(1)(c) of this section relative to an	16409
offense, the court also shall impose a prison term under division	16410
(D)(1)(a) of this section relative to the same offense, provided	16411
the criteria specified in that division for imposing an additional	16412
prison term are satisfied relative to the offender and the	16413
offense.	16414

(d) If an offender who is convicted of or pleads guilty to an	16415
offense of violence that is a felony also is convicted of or	16416
pleads guilty to a specification of the type described in section	16417
2941.1411 of the Revised Code that charges the offender with	16418
wearing or carrying body armor while committing the felony offense	16419
of violence, the court shall impose on the offender a prison term	16420
of two years. ~~The~~Subject to section 2967.05 of the Revised Code,	16421
the prison term so imposed shall not be reduced pursuant to	16422
section 2929.20, section 2967.193, or any other provision of	16423
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16424
not impose more than one prison term on an offender under division	16425
(D)(1)(d) of this section for felonies committed as part of the	16426
same act or transaction. If a court imposes an additional prison	16427
term under division (D)(1)(a) or (c) of this section, the court is	16428
not precluded from imposing an additional prison term under	16429
division (D)(1)(d) of this section.	16430

(e) The court shall not impose any of the prison terms	16431
described in division (D)(1)(a) of this section or any of the	16432
additional prison terms described in division (D)(1)(c) of this	16433
section upon an offender for a violation of section 2923.12 or	16434
2923.123 of the Revised Code. The court shall not impose any of	16435
the prison terms described in division (D)(1)(a) of this section	16436
or any of the additional prison terms described in division	16437
(D)(1)(c) of this section upon an offender for a violation of	16438
section 2923.13 of the Revised Code unless all of the following	16439
apply:	16440

(i) The offender previously has been convicted of aggravated	16441
murder, murder, or any felony of the first or second degree.	16442

(ii) Less than five years have passed since the offender was	16443
released from prison or post-release control, whichever is later,	16444
for the prior offense.	16445

(f) If an offender is convicted of or pleads guilty to a	16446
felony that includes, as an essential element, causing or	16447
attempting to cause the death of or physical harm to another and	16448
also is convicted of or pleads guilty to a specification of the	16449
type described in section 2941.1412 of the Revised Code that	16450
charges the offender with committing the offense by discharging a	16451
firearm at a peace officer as defined in section 2935.01 of the	16452
Revised Code or a corrections officer as defined in section	16453
2941.1412 of the Revised Code, the court, after imposing a prison	16454
term on the offender for the felony offense under division (A),	16455
(D)(2), or (D)(3) of this section, shall impose an additional	16456
prison term of seven years upon the offender that, subject to	16457
section 2967.05 of the Revised Code, shall not be reduced pursuant	16458
to section 2929.20, section 2967.193, or any other provision of	16459
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16460
not impose more than one additional prison term on an offender	16461
under division (D)(1)(f) of this section for felonies committed as	16462
part of the same act or transaction. If a court imposes an	16463
additional prison term on an offender under division (D)(1)(f) of	16464
this section relative to an offense, the court shall not impose a	16465
prison term under division (D)(1)(a) or (c) of this section	16466
relative to the same offense.	16467

(2)(a) If an offender who is convicted of or pleads guilty to	16468
a felony also is convicted of or pleads guilty to a specification	16469
of the type described in section 2941.149 of the Revised Code that	16470
the offender is a repeat violent offender, the court shall impose	16471
a prison term from the range of terms authorized for the offense	16472
under division (A) of this section that may be the longest term in	16473
the range and that, subject to section 2967.05 of the Revised	16474
Code, shall not be reduced pursuant to section 2929.20, section	16475
2967.193, or any other provision of Chapter 2967. or Chapter 5120.	16476
of the Revised Code. If the court finds that the repeat violent	16477
offender, in committing the offense, caused any physical harm that	16478
carried a substantial risk of death to a person or that involved	16479
substantial permanent incapacity or substantial permanent	16480
disfigurement of a person, the court shall impose the longest	16481
prison term from the range of terms authorized for the offense	16482
under division (A) of this section.	16483

(b) If the court imposing a prison term on a repeat violent	16484
offender imposes the longest prison term from the range of terms	16485
authorized for the offense under division (A) of this section, the	16486
court may impose on the offender an additional definite prison	16487
term of one, two, three, four, five, six, seven, eight, nine, or	16488
ten years if the court finds that both of the following apply with	16489
respect to the prison terms imposed on the offender pursuant to	16490
division (D)(2)(a) of this section and, if applicable, divisions	16491
(D)(1) and (3) of this section:	16492

(i) The terms so imposed are inadequate to punish the	16493
offender and protect the public from future crime, because the	16494
applicable factors under section 2929.12 of the Revised Code	16495
indicating a greater likelihood of recidivism outweigh the	16496
applicable factors under that section indicating a lesser	16497
likelihood of recidivism.	16498

(ii) The terms so imposed are demeaning to the seriousness of	16499
the offense, because one or more of the factors under section	16500
2929.12 of the Revised Code indicating that the offender's conduct	16501
is more serious than conduct normally constituting the offense are	16502
present, and they outweigh the applicable factors under that	16503
section indicating that the offender's conduct is less serious	16504
than conduct normally constituting the offense.	16505

(3)(a) Except when an offender commits a violation of section	16506
2903.01 or 2907.02 of the Revised Code and the penalty imposed for	16507
the violation is life imprisonment or commits a violation of	16508
section 2903.02 of the Revised Code, if the offender commits a	16509
violation of section 2925.03 or 2925.11 of the Revised Code and	16510
that section classifies the offender as a major drug offender and	16511
requires the imposition of a ten-year prison term on the offender,	16512
if the offender commits a felony violation of section 2925.02,	16513
2925.04, 2925.05, 2925.36, 3719.07, 3719.08, 3719.16, 3719.161,	16514
4729.37, or 4729.61, division (C) or (D) of section 3719.172,	16515
division (C) of section 4729.51, or division (J) of section	16516
4729.54 of the Revised Code that includes the sale, offer to sell,	16517
or possession of a schedule I or II controlled substance, with the	16518
exception of marihuana, and the court imposing sentence upon the	16519
offender finds that the offender is guilty of a specification of	16520
the type described in section 2941.1410 of the Revised Code	16521
charging that the offender is a major drug offender, if the court	16522
imposing sentence upon an offender for a felony finds that the	16523
offender is guilty of corrupt activity with the most serious	16524
offense in the pattern of corrupt activity being a felony of the	16525
first degree, or if the offender is guilty of an attempted	16526
violation of section 2907.02 of the Revised Code and, had the	16527
offender completed the violation of section 2907.02 of the Revised	16528
Code that was attempted, the offender would have been subject to a	16529
sentence of life imprisonment or life imprisonment without parole	16530
for the violation of section 2907.02 of the Revised Code, the	16531
court shall impose upon the offender for the felony violation a	16532
ten-year prison term that, subject to section 2967.05 of the	16533
Revised Code, cannot be reduced pursuant to section 2929.20 or	16534
Chapter 2967. or 5120. of the Revised Code.	16535

(b) The court imposing a prison term on an offender under	16536
division (D)(3)(a) of this section may impose an additional prison	16537
term of one, two, three, four, five, six, seven, eight, nine, or	16538
ten years, if the court, with respect to the term imposed under	16539
division (D)(3)(a) of this section and, if applicable, divisions	16540
(D)(1) and (2) of this section, makes both of the findings set	16541
forth in divisions (D)(2)(b)(i) and (ii) of this section.	16542

(4) If the offender is being sentenced for a third or fourth	16543
degree felony OVI offense under division (G)(2) of section 2929.13	16544
of the Revised Code, the sentencing court shall impose upon the	16545
offender a mandatory prison term in accordance with that division.	16546
In addition to the mandatory prison term, if the offender is being	16547
sentenced for a fourth degree felony OVI offense, the court,	16548
notwithstanding division (A)(4) of this section, may sentence the	16549
offender to a definite prison term of not less than six months and	16550
not more than thirty months, and if the offender is being	16551
sentenced for a third degree felony OVI offense, the sentencing	16552
court may sentence the offender to an additional prison term of	16553
any duration specified in division (A)(3) of this section. In	16554
either case, the additional prison term imposed shall be reduced	16555
by the sixty or one hundred twenty days imposed upon the offender	16556
as the mandatory prison term. The total of the additional prison	16557
term imposed under division (D)(4) of this section plus the sixty	16558
or one hundred twenty days imposed as the mandatory prison term	16559
shall equal a definite term in the range of six months to thirty	16560
months for a fourth degree felony OVI offense and shall equal one	16561
of the authorized prison terms specified in division (A)(3) of	16562
this section for a third degree felony OVI offense. If the court	16563
imposes an additional prison term under division (D)(4) of this	16564
section, the offender shall serve the additional prison term after	16565
the offender has served the mandatory prison term required for the	16566
offense. In addition to the mandatory prison term or mandatory and	16567
additional prison term imposed as described in division (D)(4) of	16568
this section, the court also may sentence the offender to a	16569
community control sanction under section 2929.16 or 2929.17 of the	16570
Revised Code, but the offender shall serve all of the prison terms	16571
so imposed prior to serving the community control sanction.	16572

If the offender is being sentenced for a fourth degree felony	16573
OVI offense under division (G)(1) of section 2929.13 of the	16574
Revised Code and the court imposes a mandatory term of local	16575
incarceration, the court may impose a prison term as described in	16576
division (A)(1) of that section.	16577

(5) If an offender is convicted of or pleads guilty to a	16578
violation of division (A)(1) or (2) of section 2903.06 of the	16579
Revised Code and also is convicted of or pleads guilty to a	16580
specification of the type described in section 2941.1414 of the	16581
Revised Code that charges that the victim of the offense is a	16582
peace officer, as defined in section 2935.01 of the Revised Code,	16583
the court shall impose on the offender a prison term of five	16584
years. If a court imposes a prison term on an offender under	16585
division (D)(5) of this section, subject to section 2967.05 of the	16586
Revised Code, the prison term shall not be reduced pursuant to	16587
section 2929.20, section 2967.193, or any other provision of	16588
Chapter 2967. or Chapter 5120. of the Revised Code. A court shall	16589
not impose more than one prison term on an offender under division	16590
(D)(5) of this section for felonies committed as part of the same	16591
act.	16592

(6) If an offender is convicted of or pleads guilty to a	16593
violation of division (A)(1) or (2) of section 2903.06 of the	16594
Revised Code and also is convicted of or pleads guilty to a	16595
specification of the type described in section 2941.1415 of the	16596
Revised Code that charges that the offender previously has been	16597
convicted of or pleaded guilty to three or more violations of	16598
division (A) or (B) of section 4511.19 of the Revised Code or an	16599
equivalent offense, as defined in section 2941.1415 of the Revised	16600
Code, or three or more violations of any combination of those	16601
divisions and offenses, the court shall impose on the offender a	16602
prison term of three years. If a court imposes a prison term on an	16603
offender under division (D)(6) of this section, subject to section	16604
2967.05 of the Revised Code, the prison term shall not be reduced	16605
pursuant to section 2929.20, section 2967.193, or any other	16606
provision of Chapter 2967. or Chapter 5120. of the Revised Code. A	16607
court shall not impose more than one prison term on an offender	16608
under division (D)(6) of this section for felonies committed as	16609
part of the same act.	16610

(E)(1)(a) Subject to division (E)(1)(b) of this section, if a	16611
mandatory prison term is imposed upon an offender pursuant to	16612
division (D)(1)(a) of this section for having a firearm on or	16613
about the offender's person or under the offender's control while	16614
committing a felony, if a mandatory prison term is imposed upon an	16615
offender pursuant to division (D)(1)(c) of this section for	16616
committing a felony specified in that division by discharging a	16617
firearm from a motor vehicle, or if both types of mandatory prison	16618
terms are imposed, the offender shall serve any mandatory prison	16619
term imposed under either division consecutively to any other	16620
mandatory prison term imposed under either division or under	16621
division (D)(1)(d) of this section, consecutively to and prior to	16622
any prison term imposed for the underlying felony pursuant to	16623
division (A), (D)(2), or (D)(3) of this section or any other	16624
section of the Revised Code, and consecutively to any other prison	16625
term or mandatory prison term previously or subsequently imposed	16626
upon the offender.	16627

(b) If a mandatory prison term is imposed upon an offender	16628
pursuant to division (D)(1)(d) of this section for wearing or	16629
carrying body armor while committing an offense of violence that	16630
is a felony, the offender shall serve the mandatory term so	16631
imposed consecutively to any other mandatory prison term imposed	16632
under that division or under division (D)(1)(a) or (c) of this	16633
section, consecutively to and prior to any prison term imposed for	16634
the underlying felony under division (A), (D)(2), or (D)(3) of	16635
this section or any other section of the Revised Code, and	16636
consecutively to any other prison term or mandatory prison term	16637
previously or subsequently imposed upon the offender.	16638

(c) If a mandatory prison term is imposed upon an offender	16639
pursuant to division (D)(1)(f) of this section, the offender shall	16640
serve the mandatory prison term so imposed consecutively to and	16641
prior to any prison term imposed for the underlying felony under	16642
division (A), (D)(2), or (D)(3) of this section or any other	16643
section of the Revised Code, and consecutively to any other prison	16644
term or mandatory prison term previously or subsequently imposed	16645
upon the offender.	16646

(2) If an offender who is an inmate in a jail, prison, or	16647
other residential detention facility violates section 2917.02,	16648
2917.03, 2921.34, or 2921.35 of the Revised Code, if an offender	16649
who is under detention at a detention facility commits a felony	16650
violation of section 2923.131 of the Revised Code, or if an	16651
offender who is an inmate in a jail, prison, or other residential	16652
detention facility or is under detention at a detention facility	16653
commits another felony while the offender is an escapee in	16654
violation of section 2921.34 of the Revised Code, any prison term	16655
imposed upon the offender for one of those violations shall be	16656
served by the offender consecutively to the prison term or term of	16657
imprisonment the offender was serving when the offender committed	16658
that offense and to any other prison term previously or	16659
subsequently imposed upon the offender.	16660

(3) If a prison term is imposed for a violation of division	16661
(B) of section 2911.01 of the Revised Code, a violation of	16662
division (A) of section 2913.02 of the Revised Code in which the	16663
stolen property is a firearm or dangerous ordnance, or a felony	16664
violation of division (B) of section 2921.331 of the Revised Code,	16665
the offender shall serve that prison term consecutively to any	16666
other prison term or mandatory prison term previously or	16667
subsequently imposed upon the offender.	16668

(4) If multiple prison terms are imposed on an offender for	16669
convictions of multiple offenses, the court may require the	16670
offender to serve the prison terms consecutively if the court	16671
finds that the consecutive service is necessary to protect the	16672
public from future crime or to punish the offender and that	16673
consecutive sentences are not disproportionate to the seriousness	16674
of the offender's conduct and to the danger the offender poses to	16675
the public, and if the court also finds any of the following:	16676

(a) The offender committed one or more of the multiple	16677
offenses while the offender was awaiting trial or sentencing, was	16678
under a sanction imposed pursuant to section 2929.16, 2929.17, or	16679
2929.18 of the Revised Code, or was under post-release control for	16680
a prior offense.	16681

(b) At least two of the multiple offenses were committed as	16682
part of one or more courses of conduct, and the harm caused by two	16683
or more of the multiple offenses so committed was so great or	16684
unusual that no single prison term for any of the offenses	16685
committed as part of any of the courses of conduct adequately	16686
reflects the seriousness of the offender's conduct.	16687

(c) The offender's history of criminal conduct demonstrates	16688
that consecutive sentences are necessary to protect the public	16689
from future crime by the offender.	16690

(5) If a mandatory prison term is imposed upon an offender	16691
pursuant to division (D)(5) or (6) of this section, the offender	16692
shall serve the mandatory prison term consecutively to and prior	16693
to any prison term imposed for the underlying violation of	16694
division (A)(1) or (2) of section 2903.06 of the Revised Code	16695
pursuant to division (A) of this section. If a mandatory prison	16696
term is imposed upon an offender pursuant to division (D)(5) of	16697
this section, and if a mandatory prison term also is imposed upon	16698
the offender pursuant to division (D)(6) of this section in	16699
relation to the same violation, the offender shall serve the	16700
mandatory prison term imposed pursuant to division (D)(5) of this	16701
section consecutively to and prior to the mandatory prison term	16702
imposed pursuant to division (D)(6) of this section and	16703
consecutively to and prior to any prison term imposed for the	16704
underlying violation of division (A)(1) or (2) of section 2903.06	16705
of the Revised Code pursuant to division (A) of this section.	16706

(6) When consecutive prison terms are imposed pursuant to	16707
division (E)(1), (2), (3), (4), or (5) of this section, the term	16708
to be served is the aggregate of all of the terms so imposed.	16709

(F) If a court imposes a prison term of a type described in	16710
division (B) of section 2967.28 of the Revised Code, it shall	16711
include in the sentence a requirement that the offender be subject	16712
to a period of post-release control after the offender's release	16713
from imprisonment, in accordance with that division. If a court	16714
imposes a prison term of a type described in division (C) of that	16715
section, it shall include in the sentence a requirement that the	16716
offender be subject to a period of post-release control after the	16717
offender's release from imprisonment, in accordance with that	16718
division, if the parole board determines that a period of	16719
post-release control is necessary.	16720

(G) If a person is convicted of or pleads guilty to a violent	16721
sex offense or a designated homicide, assault, or kidnapping	16722
offense and, in relation to that offense, the offender is	16723
adjudicated a sexually violent predator, the court shall impose	16724
sentence upon the offender in accordance with section 2971.03 of	16725
the Revised Code, and Chapter 2971. of the Revised Code applies	16726
regarding the prison term or term of life imprisonment without	16727
parole imposed upon the offender and the service of that term of	16728
imprisonment.	16729

(H) If a person who has been convicted of or pleaded guilty	16730
to a felony is sentenced to a prison term or term of imprisonment	16731
under this section, sections 2929.02 to 2929.06 of the Revised	16732
Code, section 2971.03 of the Revised Code, or any other provision	16733
of law, section 5120.163 of the Revised Code applies regarding the	16734
person while the person is confined in a state correctional	16735
institution.	16736

(I) If an offender who is convicted of or pleads guilty to a	16737
felony that is an offense of violence also is convicted of or	16738
pleads guilty to a specification of the type described in section	16739
2941.142 of the Revised Code that charges the offender with having	16740
committed the felony while participating in a criminal gang, the	16741
court shall impose upon the offender an additional prison term of	16742
one, two, or three years.	16743

(J) If an offender who is convicted of or pleads guilty to	16744
aggravated murder, murder, or a felony of the first, second, or	16745
third degree that is an offense of violence also is convicted of	16746
or pleads guilty to a specification of the type described in	16747
section 2941.143 of the Revised Code that charges the offender	16748
with having committed the offense in a school safety zone or	16749
towards a person in a school safety zone, the court shall impose	16750
upon the offender an additional prison term of two years. The	16751
offender shall serve the additional two years consecutively to and	16752
prior to the prison term imposed for the underlying offense.	16753

(K) At the time of sentencing, the court may recommend the	16754
offender for placement in a program of shock incarceration under	16755
section 5120.031 of the Revised Code or for placement in an	16756
intensive program prison under section 5120.032 of the Revised	16757
Code, disapprove placement of the offender in a program of shock	16758
incarceration or an intensive program prison of that nature, or	16759
make no recommendation on placement of the offender. In no case	16760
shall the department of rehabilitation and correction place the	16761
offender in a program or prison of that nature unless the	16762
department determines as specified in section 5120.031 or 5120.032	16763
of the Revised Code, whichever is applicable, that the offender is	16764
eligible for the placement.	16765

If the court disapproves placement of the offender in a	16766
program or prison of that nature, the department of rehabilitation	16767
and correction shall not place the offender in any program of	16768
shock incarceration or intensive program prison.	16769

If the court recommends placement of the offender in a	16770
program of shock incarceration or in an intensive program prison,	16771
and if the offender is subsequently placed in the recommended	16772
program or prison, the department shall notify the court of the	16773
placement and shall include with the notice a brief description of	16774
the placement.	16775

If the court recommends placement of the offender in a	16776
program of shock incarceration or in an intensive program prison	16777
and the department does not subsequently place the offender in the	16778
recommended program or prison, the department shall send a notice	16779
to the court indicating why the offender was not placed in the	16780
recommended program or prison.	16781

If the court does not make a recommendation under this	16782
division with respect to an offender and if the department	16783
determines as specified in section 5120.031 or 5120.032 of the	16784
Revised Code, whichever is applicable, that the offender is	16785
eligible for placement in a program or prison of that nature, the	16786
department shall screen the offender and determine if there is an	16787
available program of shock incarceration or an intensive program	16788
prison for which the offender is suited. If there is an available	16789
program of shock incarceration or an intensive program prison for	16790
which the offender is suited, the department shall notify the	16791
court of the proposed placement of the offender as specified in	16792
section 5120.031 or 5120.032 of the Revised Code and shall include	16793
with the notice a brief description of the placement. The court	16794
shall have ten days from receipt of the notice to disapprove the	16795
placement.	16796

Sec. 2967.05. Upon the recommendation of the director of	16797
rehabilitation and correction, accompanied by a certificate of the	16798
attending physician that ~~a prisoner or convict~~an inmate is	16799
terminally ill, medically incapacitated, or in imminent danger of	16800
death, the governor may order ~~his~~the inmate's release ~~as if on~~	16801
~~parole, reserving the right to return him to the institution~~	16802
~~pursuant to this section. If, subsequent to his release, his~~	16803
~~health improves so that he is no longer in imminent danger of~~	16804
~~death, he shall be returned, by order of the governor, to the~~	16805
~~institution from which he was released~~. The governor may direct	16806
the adult parole authority to conduct an investigation and prepare	16807
a recommendation regarding the release. An inmate so released	16808
shall be subject to supervision by the adult parole authority, as	16809
may be recommended by the adult parole authority and approved by	16810
the governor. If hethe inmate violates any rules or conditions	16811
applicable to ~~him~~the inmate, hethe inmate may be returned to an	16812
institution under the control of the department of rehabilitation	16813
and correction. The adult parole authority shall adopt rules under	16814
Chapter 119. of the Revised Code to establish the eligibility and	16815
procedures for medical releases under this section when an inmate	16816
is terminally ill, medically incapacitated, or in imminent danger	16817
of death.	16818

Sec. 2967.13. (A) Except as provided in division (G) of this	16819
section, a prisoner serving a sentence of imprisonment for life	16820
for an offense committed on or after July 1, 1996, is not entitled	16821
to any earned credit under section 2967.193 of the Revised Code	16822
and becomes eligible for parole as follows:	16823

(1) If a sentence of imprisonment for life was imposed for	16824
the offense of murder, at the expiration of the prisoner's minimum	16825
term;	16826

(2) If a sentence of imprisonment for life with parole	16827
eligibility after serving twenty years of imprisonment was imposed	16828
pursuant to section 2929.022 or 2929.03 of the Revised Code, after	16829
serving a term of twenty years;	16830

(3) If a sentence of imprisonment for life with parole	16831
eligibility after serving twenty-five full years of imprisonment	16832
was imposed pursuant to section 2929.022 or 2929.03 of the Revised	16833
Code, after serving a term of twenty-five full years;	16834

(4) If a sentence of imprisonment for life with parole	16835
eligibility after serving thirty full years of imprisonment was	16836
imposed pursuant to section 2929.022 or 2929.03 of the Revised	16837
Code, after serving a term of thirty full years;	16838

(5) If a sentence of imprisonment for life was imposed for	16839
rape, after serving a term of ten full years' imprisonment;	16840

(6) If a sentence of imprisonment for life with parole	16841
eligibility after serving fifteen years of imprisonment was	16842
imposed for a violation of section 2927.24 of the Revised Code,	16843
after serving a term of fifteen years.	16844

(B) Except as provided in division (G) of this section, a	16845
prisoner serving a sentence of imprisonment for life with parole	16846
eligibility after serving twenty years of imprisonment or a	16847
sentence of imprisonment for life with parole eligibility after	16848
serving twenty-five full years or thirty full years of	16849
imprisonment imposed pursuant to section 2929.022 or 2929.03 of	16850
the Revised Code for an offense committed on or after July 1,	16851
1996, consecutively to any other term of imprisonment, becomes	16852
eligible for parole after serving twenty years, twenty full years,	16853
or thirty full years, as applicable, as to each such sentence of	16854
life imprisonment, which shall not be reduced for earned credits	16855
under section 2967.193 of the Revised Code, plus the term or terms	16856
of the other sentences consecutively imposed or, if one of the	16857
other sentences is another type of life sentence with parole	16858
eligibility, the number of years before parole eligibility for	16859
that sentence.	16860

(C) Except as provided in division (G) of this section, a	16861
prisoner serving consecutively two or more sentences in which an	16862
indefinite term of imprisonment is imposed becomes eligible for	16863
parole upon the expiration of the aggregate of the minimum terms	16864
of the sentences.	16865

(D) Except as provided in division (G) of this section, a	16866
prisoner serving a term of imprisonment who is described in	16867
division (A) of section 2967.021 of the Revised Code becomes	16868
eligible for parole as described in that division or, if the	16869
prisoner is serving a definite term of imprisonment, shall be	16870
released as described in that division.	16871

(E) A prisoner serving a sentence of life imprisonment	16872
without parole imposed pursuant to section 2907.02 or section	16873
2929.03 or 2929.06 of the Revised Code is not eligible for parole	16874
and, subject to section 2967.05 of the Revised Code, shall be	16875
imprisoned until death.	16876

(F) A prisoner serving a stated prison term shall be released	16877
in accordance with section 2967.28 of the Revised Code.	16878

(G) A prisoner serving a prison term or term of life	16879
imprisonment without parole imposed pursuant to section 2971.03 of	16880
the Revised Code never becomes eligible for parole during that	16881
term of imprisonment.	16882

Sec. 2971.05. (A)(1) After control over an offender's	16883
service of a prison term imposed pursuant to division (A)(3) of	16884
section 2971.03 of the Revised Code has been transferred pursuant	16885
to section 2971.04 of the Revised Code to the court, the court	16886
shall schedule, within thirty days of any of the following, a	16887
hearing on whether to modify in accordance with division (C) of	16888
this section the requirement that the offender serve the entire	16889
prison term in a state correctional institution or to terminate	16890
the prison term in accordance with division (D) of this section:	16891

(a) Control over the offender's service of a prison term is	16892
transferred pursuant to section 2971.04 of the Revised Code to the	16893
court, and no hearing to modify the requirement has been held;	16894

(b) Two years elapse after the most recent prior hearing held	16895
pursuant to division (A)(1) or (2) of this section;	16896

(c) The prosecuting attorney, the department of	16897
rehabilitation and correction, or the adult parole authority	16898
requests the hearing, and recommends that the requirement be	16899
modified or that the offender's prison term be terminated.	16900

(2) After control over the offender's service of a prison	16901
term has been transferred pursuant to section 2971.04 of the	16902
Revised Code to the court, the court, within thirty days of either	16903
of the following, shall conduct a hearing on whether to modify in	16904
accordance with division (C) of this section the requirement that	16905
the offender serve the entire prison term in a state correctional	16906
institution, whether to continue, revise, or revoke an existing	16907
modification of that requirement, or whether to terminate the term	16908
in accordance with division (D) of this section:	16909

(a) The requirement that the offender serve the entire prison	16910
term in a state correctional institution has been modified, and	16911
the offender is taken into custody for any reason.	16912

(b) The department of rehabilitation and correction or the	16913
prosecuting attorney notifies the court pursuant to section	16914
2971.06 of the Revised Code regarding a known or suspected	16915
violation of a term or condition of the modification or a belief	16916
that there is a substantial likelihood that the offender has	16917
committed or is about to commit a sexually violent offense.	16918

(3) After control over the offender's service of a prison	16919
term has been transferred pursuant to section 2971.04 of the	16920
Revised Code to the court, the court, in any of the following	16921
circumstances, may conduct a hearing within thirty days to	16922
determine whether to modify in accordance with division (C) of	16923
this section the requirement that the offender serve the entire	16924
prison term in a state correctional institution, whether to	16925
continue, revise, or revoke an existing modification of that	16926
requirement, or whether to terminate the sentence in accordance	16927
with division (D) of this section:	16928

(a) The offender requests the hearing;

16929

(b) Upon the court's own motion;

16930

(c) One or more examiners who have conducted a psychological	16931
examination and assessment of the offender file a statement that	16932
states that there no longer is a likelihood that the offender will	16933
engage in the future in a sexually violent offense.	16934

(B)(1) Before a court holds a hearing pursuant to division	16935
(A) of this section, the court shall provide notice of the date,	16936
time, place, and purpose of the hearing to the offender, the	16937
prosecuting attorney, the department of rehabilitation and	16938
correction, and the adult parole authority and shall request the	16939
department to prepare pursuant to section 5120.61 of the Revised	16940
Code an update of the most recent risk assessment and report	16941
relative to the offender. The offender has the right to be present	16942
at any hearing held under this section. At the hearing, the	16943
offender and the prosecuting attorney may make a statement and	16944
present evidence as to whether the requirement should or should	16945
not be modified, whether the existing modification of the	16946
requirement should be continued, revised, or revoked, and whether	16947
the prison term should or should not be terminated.	16948

(2) At a hearing held pursuant to division (A) of this	16949
section, the court may and, if the hearing is held pursuant to	16950
division (A)(1)(a), (1)(b), or (3)(c) of this section, shall	16951
determine by clear and convincing evidence whether the offender is	16952
unlikely to commit a sexually violent offense in the future.	16953

(3) At the conclusion of the hearing held pursuant to	16954
division (A) of this section, the court may order that the	16955
requirement that the offender serve the entire prison term in a	16956
state correctional institution be continued, that the requirement	16957
be modified pursuant to division (C) of this section, that an	16958
existing modification be continued, revised, or revoked pursuant	16959
to division (C) of this section, or that the prison term be	16960
terminated pursuant to division (D) of this section.	16961

(C)(1) If, at the conclusion of a hearing held pursuant to	16962
division (A) of this section, the court determines by clear and	16963
convincing evidence that the offender will not represent a	16964
substantial risk of physical harm to others, the court may modify	16965
the requirement that the offender serve the entire prison term in	16966
a state correctional institution in a manner that the court	16967
considers appropriate. If the court modifies the requirement, the	16968
offender is subject to supervision under division (E) of this	16969
section.	16970

(2) The modification of the requirement does not terminate	16971
the prison term but serves only to suspend the requirement that	16972
the offender serve the entire term in a state correctional	16973
institution. The prison term shall remain in effect for the	16974
offender's entire life unless the court terminates the prison term	16975
pursuant to division (D) of this section. The offender shall	16976
remain under the jurisdiction of the court for the offender's	16977
entire life unless the court so terminates the prison term. The	16978
modification of the requirement does not terminate the	16979
classification of the offender, as described in division (F) of	16980
section 2971.03 of the Revised Code, as a sexual predator for	16981
purposes of Chapter 2950. of the Revised Code, and the offender is	16982
subject to supervision under division (E) of this section.	16983

(3) If the court revokes the modification under	16984
consideration, the court shall order that the offender be returned	16985
to the custody of the department of rehabilitation and correction	16986
to continue serving the prison term to which the modification	16987
applied, and section 2971.06 of the Revised Code applies regarding	16988
the offender.	16989

(D)(1) If, at the conclusion of a hearing held pursuant to	16990
division (A) of this section, the court determines by clear and	16991
convincing evidence that the offender is unlikely to commit a	16992
sexually violent offense in the future, the court may terminate	16993
the offender's prison term imposed under division (A)(3) of	16994
section 2971.03 of the Revised Code, subject to the offender	16995
satisfactorily completing the period of conditional release	16996
required by this division and compliance with division (E) of this	16997
section. If the court terminates the prison term, the court shall	16998
place the offender on conditional release for five years, require	16999
the offender to comply with division (E) of this section, notify	17000
the adult parole authority of its determination and of the	17001
termination of the prison term, and order the adult parole	17002
authority to supervise the offender during the five-year period of	17003
conditional release and to supervise the offender pursuant to	17004
division (E) of this section. Upon receipt of a notice from a	17005
court pursuant to this division, the adult parole authority shall	17006
supervise the offender who is the subject of the notice during the	17007
five-year period of conditional release, periodically notify the	17008
court of the offender's activities during that five-year period of	17009
conditional release, and file with the court no later than thirty	17010
days prior to the expiration of the five-year period of	17011
conditional release a written recommendation as to whether the	17012
termination of the offender's prison term should be finalized,	17013
whether the period of conditional release should be extended, or	17014
whether another type of action authorized pursuant to this chapter	17015
should be taken.	17016

Upon receipt of a recommendation of the adult parole	17017
authority filed pursuant to this division, the court shall hold a	17018
hearing to determine whether to finalize the termination of the	17019
offender's prison term, to extend the period of conditional	17020
release, or to take another type of action authorized pursuant to	17021
this chapter. The court shall hold the hearing no later than the	17022
date on which the five-year period of conditional release	17023
terminates and shall provide notice of the date, time, place, and	17024
purpose of the hearing to the offender and to the prosecuting	17025
attorney. At the hearing, the offender, the prosecuting attorney,	17026
and the adult parole authority employee who supervised the	17027
offender during the period of conditional release may make a	17028
statement and present evidence.	17029

(2) If the court determines to extend an offender's period of	17030
conditional release, it may do so for additional periods of one	17031
year in the same manner as the original period of conditional	17032
release, and except as otherwise described in this division, all	17033
procedures and requirements that applied to the original period of	17034
conditional release apply to the additional period of extended	17035
conditional release unless the court modifies a procedure or	17036
requirement. If an offender's period of conditional release is	17037
extended as described in this division, all references to a	17038
five-year period of conditional release that are contained in	17039
division (D)(1) of this section shall be construed, in applying	17040
the provisions of that division to the extension, as being	17041
references to the one-year period of the extension of the	17042
conditional release.	17043

If the court determines to take another type of action	17044
authorized pursuant to this chapter, it may do so in the same	17045
manner as if the action had been taken at any other stage of the	17046
proceedings under this chapter. As used in this division, "another	17047
type of action" includes the revocation of the conditional release	17048
and the return of the offender to a state correctional institution	17049
to continue to serve the prison term.	17050

If the court determines to finalize the termination of the	17051
offender's prison term, it shall notify the department of	17052
rehabilitation and correction, the department shall enter into its	17053
records a final release and issue to the offender a certificate of	17054
final release, and the prison term thereafter shall be considered	17055
completed and terminated in every way.	17056

The termination of the offender's prison term pursuant to	17057
division (D)(1) or (2) of this section does not affect the	17058
classification of the offender, as described in division (F) of	17059
section 2971.03 of the Revised Code, as a sexual predator for	17060
purposes of Chapter 2950. of the Revised Code, and does not	17061
terminate the adult parole authority's supervision of a sexually	17062
violent predator with an active global positioning system device,	17063
pursuant to division (E) of this section. The classification of	17064
the offender as a sexual predator is permanent and continues until	17065
the offender's death as described in division (D)(2) of section	17066
2950.09 of the Revised Code.	17067

(E) The adult parole authority shall supervise an offender	17068
whose prison term is modified as provided in division (C) of this	17069
section or whose prison term is terminated as provided in division	17070
(D) of this section with an active global positioning system	17071
device during any time period in which the offender is not	17072
incarcerated in a state correctional institution. Unless the court	17073
removes the offender's classification as a sexually violent	17074
predator, an offender is subject to supervision with an active	17075
global positioning system pursuant to this division for the	17076
offender's entire life. The costs of administering the supervision	17077
of sexually violent offenders with an active global positioning	17078
system device shall be paid out of funds from the reparations	17079
fund, created pursuant to section 2743.191 of the Revised Code.	17080
This division shall only apply to a sexually violent predator who	17081
is released from the custody of the department of rehabilitation	17082
and correction on or after the effective date of this amendment.	17083

Sec. 3107.10. (A) Notwithstanding section 3107.01 of the	17084
Revised Code, as used in this section, "agency" does not include a	17085
public children services agency.	17086

(B) An agency or attorney, whichever arranges a minor's	17087
adoption, shall file with the court a preliminary estimate	17088
accounting not later than the time the adoption petition for the	17089
minor is filed with the court. The agency or attorney, whichever	17090
arranges the adoption, also shall file a final accounting with the	17091
court before a final decree of adoption is issued or an	17092
interlocutory order of adoption is finalized for the minor. The	17093
agency or attorney shall complete and file accountings in a manner	17094
acceptable to the court.	17095

An accounting shall specify all disbursements of anything of	17096
value the petitioner, a person on the petitioner's behalf, and the	17097
agency or attorney made and has agreed to make in connection with	17098
the minor's permanent surrender under division (B) of section	17099
5103.15 of the Revised Code, placement under section 5103.16 of	17100
the Revised Code, and adoption under this chapter. The agency or	17101
attorney shall include in an accounting an itemization of each	17102
expense listed in division (C) of this section. The itemization of	17103
the expenses specified in divisions (C)(3) and (4) of this section	17104
shall show the amount the agency or attorney charged or is going	17105
to charge for the services and the actual cost to the agency or	17106
attorney of providing the services. An accounting shall indicate	17107
whether any expenses listed in division (C) of this section do not	17108
apply to the adoption proceeding for which the accounting is	17109
filed.	17110

The agency or attorney shall include with a preliminary	17111
estimate accounting and a final accounting a written statement	17112
signed by the petitioner that the petitioner has reviewed the	17113
accounting and attests to its accuracy.	17114

(C) No petitioner, person acting on a petitioner's behalf, or	17115
agency or attorney shall make or agree to make any disbursements	17116
in connection with the minor's permanent surrender, placement, or	17117
adoption other than for the following:	17118

(1) Physician expenses incurred on behalf of the birth mother	17119
or minor in connection with prenatal care, delivery, and	17120
confinement prior to or following the minor's birth;	17121

(2) Hospital or other medical facility expenses incurred on	17122
behalf of the birth mother or minor in connection with the minor's	17123
birth;	17124

(3) Expenses charged by the attorney arranging the adoption	17125
for providing legal services in connection with the placement and	17126
adoption, including expenses incurred by the attorney pursuant to	17127
sections 3107.031, 3107.081, 3107.082, 3107.09, and 3107.12 of the	17128
Revised Code;	17129

(4) Expenses charged by the agency arranging the adoption for	17130
providing services in connection with the permanent surrender and	17131
adoption, including the agency's application fee and the expenses	17132
incurred by the agency pursuant to sections 3107.031, 3107.09,	17133
3107.12, 5103.151, and 5103.152 of the Revised Code;	17134

(5) Temporary costs of routine maintenance and medical care	17135
for a minor required under section 5103.16 of the Revised Code if	17136
the person seeking to adopt the minor refuses to accept placement	17137
of the minor;	17138

(6) Guardian ad litem fees incurred on behalf of the minor in	17139
any court proceedings;	17140

(7) Foster care expenses incurred in connection with any	17141
temporary care and maintenance of the minor;	17142

(8) Court expenses incurred in connection with the minor's	17143
permanent surrender, placement, and adoption.	17144

(D) If a court determines from an accounting that an amount	17145
that is going to be disbursed for an expense listed in division	17146
(C) of this section is unreasonable, the court may order a	17147
reduction in the amount to be disbursed. If a court determines	17148
from an accounting that an unreasonable amount was disbursed for	17149
an expense listed in division (C) of this section, the court may	17150
order the person who received the disbursement to refund to the	17151
person who made the disbursement an amount the court orders.	17152

If a court determines from an accounting that a disbursement	17153
for an expense not permitted by division (C) of this section is	17154
going to be made, the court may issue an injunction prohibiting	17155
the disbursement. If a court determines from an accounting that a	17156
disbursement for an expense not permitted by division (C) of this	17157
section was made, the court may order the person who received the	17158
disbursement to return it to the person who made the disbursement.	17159

If a court determines that a final accounting does not	17160
completely report all the disbursements that are going to be made	17161
or have been made in connection with the minor's permanent	17162
surrender, placement, and adoption, the court shall order the	17163
agency or attorney to file with the court an accounting that	17164
completely reports all such disbursements.	17165

The agency or attorney shall file the final accounting with	17166
the court not later than ten days prior to the date scheduled for	17167
the final hearing on the adoption. The court may not issue a final	17168
decree of adoption or finalize an interlocutory order of adoption	17169
of a minor until at least ten days after the agency or attorney	17170
files the final accounting.	17171

(E) ~~At the conclusion of each adoption proceeding, the court~~	17172
~~shall prepare a summary of the proceeding, and on or before the~~	17173
~~tenth day of each month, send copies of the summaries for all~~	17174
~~proceedings concluded during the preceding calendar month to the~~	17175
~~department of job and family services. The summary shall contain:~~	17176

~~(1) A notation of the nature and approximate value or amount~~	17177
~~of anything paid in connection with the proceeding, compiled from~~	17178
~~the final accounting required by division (B) of this section and~~	17179
~~indicating the category of division (C) of this section to which~~	17180
~~any payment relates;~~	17181

~~(2) If the court has not issued a decree because of the~~	17182
~~requirements of division (D) of this section, a notation of that~~	17183
~~fact and a statement of the reason for refusing to issue the~~	17184
~~decree, related to the financial data summarized under division~~	17185
~~(E)(1) of this section;~~	17186

~~(3) If the adoption was arranged by an attorney, a notation~~	17187
~~of that fact.~~	17188

~~The summary shall contain no information identifying by name~~	17189
~~any party to the proceeding or any other person, but may contain~~	17190
~~additional narrative material that the court considers useful to~~	17191
~~an analysis of the summary.~~	17192

~~(F)~~ This section does not apply to an adoption by a	17193
stepparent whose spouse is a biological or adoptive parent of the	17194
minor.	17195

Sec. 3111.04. (A) An action to determine the existence or	17196
nonexistence of the father and child relationship may be brought	17197
by the child or the child's personal representative, the child's	17198
mother or her personal representative, a man alleged or alleging	17199
himself to be the child's father, the child support enforcement	17200
agency of the county in which the child resides if the child's	17201
mother is a recipient of public assistance or of services under	17202
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	17203
U.S.C.A. 651, as amended, or the alleged father's personal	17204
representative.	17205

(B) An agreement does not bar an action under this section.

17206

(C) If an action under this section is brought before the	17207
birth of the child and if the action is contested, all	17208
proceedings, except service of process and the taking of	17209
depositions to perpetuate testimony, may be stayed until after the	17210
birth.	17211

(D) A recipient of public assistance or of services under	17212
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	17213
U.S.C.A. 651, as amended, shall cooperate with the child support	17214
enforcement agency of the county in which a child resides to	17215
obtain an administrative determination pursuant to sections	17216
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	17217
determination pursuant to sections 3111.01 to 3111.18 of the	17218
Revised Code, of the existence or nonexistence of a parent and	17219
child relationship between the father and the child. If the	17220
recipient fails to cooperate, the agency may commence an action to	17221
determine the existence or nonexistence of a parent and child	17222
relationship between the father and the child pursuant to sections	17223
3111.01 to 3111.18 of the Revised Code.	17224

(E) As used in this section, "public assistance" means	17225
medical assistance under Chapter 5111. of the Revised Code,	17226
assistance under Chapter 5107. of the Revised Code, or disability	17227
financial assistance under Chapter 5115. of the Revised Code~~, or~~	17228
~~disability medical assistance under Chapter 5115. of the Revised~~	17229
~~Code~~.	17230

Sec. 3119.54. If either party to a child support order	17231
issued in accordance with section 3119.30 of the Revised Code is	17232
eligible for medical assistance under Chapter 5111. ~~or 5115.~~ of	17233
the Revised Code and the other party has obtained health insurance	17234
coverage, the party eligible for medical assistance shall notify	17235
any physician, hospital, or other provider of medical services for	17236
which medical assistance is available of the name and address of	17237
the other party's insurer and of the number of the other party's	17238
health insurance or health care policy, contract, or plan. Any	17239
physician, hospital, or other provider of medical services for	17240
which medical assistance is available under Chapter 5111. ~~or 5115.~~	17241
of the Revised Code who is notified under this division of the	17242
existence of a health insurance or health care policy, contract,	17243
or plan with coverage for children who are eligible for medical	17244
assistance shall first bill the insurer for any services provided	17245
for those children. If the insurer fails to pay all or any part of	17246
a claim filed under this section and the services for which the	17247
claim is filed are covered by Chapter 5111. ~~or 5115.~~ of the	17248
Revised Code, the physician, hospital, or other medical services	17249
provider shall bill the remaining unpaid costs of the services in	17250
accordance with Chapter 5111. ~~or 5115.~~ of the Revised Code.	17251

Sec. 3121.12. (A) On receipt of a notice that a lump sum	17252
payment of one hundred fifty dollars or more is to be paid to the	17253
obligor, the court, with respect to a court support order, or the	17254
child support enforcement agency, with respect to an	17255
administrative child support order, shall do either of the	17256
following:	17257

(1) If the obligor is in default under the support order or	17258
has any arrearages under the support order, issue an order	17259
requiring the transmittal of the lump sum payment, or any portion	17260
of the lump sum payment sufficient to pay the arrearage in full,	17261
to the office of child support;	17262

(2) If the obligor is not in default under the support order	17263
and does not have any arrearages under the support order, issue an	17264
order directing the person who gave the notice to the court or	17265
agency to immediately pay the full amount of the lump sum payment	17266
to the obligor.	17267

(B) ~~On receipt of any~~Any moneys received by the office of	17268
child support pursuant to division (A) of this section~~, the office~~	17269
~~of child support~~ shall ~~pay the amount of the lump sum payment that~~	17270
~~is necessary to discharge all of the obligor's arrearages to the~~	17271
~~obligee and, within two business days after its receipt of the~~	17272
~~money, any amount that is remaining after the payment of the~~	17273
~~arrearages to the obligor~~be distributed in accordance with rules	17274
adopted under section 3121.71 of the Revised Code.	17275

(C) A court that issued an order prior to January 1, 1998,	17276
requiring an employer to withhold an amount from an obligor's	17277
personal earnings for the payment of support shall issue a	17278
supplemental order that does not change the original order or the	17279
related support order requiring the employer to do all of the	17280
following:	17281

(1) No later than the earlier of forty-five days before a	17282
lump sum payment is to be made or, if the obligor's right to a	17283
lump sum payment is determined less than forty-five days before it	17284
is to be made, the date on which that determination is made,	17285
notify the child support enforcement agency of any lump sum	17286
payment of any kind of one hundred fifty dollars or more that is	17287
to be paid to the obligor;	17288

(2) Hold the lump sum payment for thirty days after the date	17289
on which it would otherwise be paid to the obligor;	17290

(3) On order of the court, pay any specified amount of the	17291
lump sum payment to the office of child support.	17292

(D) An employer that knowingly fails to notify the child	17293
support enforcement agency in accordance with this section or	17294
section 3121.03 of the Revised Code of any lump sum payment to be	17295
made to an obligor is liable for any support payment not made to	17296
the obligee as a result of its knowing failure to give the notice.	17297

Sec. 3121.50. On receipt of any amount forwarded from a	17298
payor or financial institution, the office of child support shall	17299
distribute the amount to the obligee within two business days of	17300
its receipt of the amount forwarded. ~~The~~Unless otherwise	17301
prohibited from doing so by a law of this state or the United	17302
States, the office may distribute the amount by means of	17303
electronic disbursement, and the obligee shall accept payment by	17304
means of electronic disbursement. The director of job and family	17305
services may adopt, revise, or amend rules under Chapter 119. of	17306
the Revised Code to assist in the implementation of this section.	17307

Sec. 3125.18. A child support enforcement agency shall	17308
administer a Title IV-A program identified under division	17309
(A)~~(3)~~(4)(c) or ~~(d)~~(f) of section 5101.80 of the Revised Code that	17310
the department of job and family services provides for the agency	17311
to administer under the department's supervision pursuant to	17312
section 5101.801 of the Revised Code.	17313

Sec. 3125.191. There is hereby created in the state treasury	17314
the child support operating fund, which is a state special revenue	17315
fund. The department of job and family services may deposit into	17316
the fund a portion of the federal incentives described in division	17317
(A) of section 3125.19 of the Revised Code and authorized by 42	17318
U.S.C. 658a that are received by the department of job and family	17319
services from the United States department of health and human	17320
services. The department of job and family services may use money	17321
in the child support operating fund for program and administrative	17322
purposes associated with the program of child support enforcement	17323
authorized by section 3125.03 of the Revised Code.	17324

Sec. 3301.079. (A)(1) Not later than December 31, 2001, the	17325
state board of education shall adopt statewide academic standards	17326
for each of grades kindergarten through twelve in reading,	17327
writing, and mathematics. Not later than December 31, 2002, the	17328
state board shall adopt statewide academic standards for each of	17329
grades kindergarten through twelve in science and social studies.	17330
The standards shall specify the academic content and skills that	17331
students are expected to know and be able to do at each grade	17332
level.	17333

(2) When academic standards have been completed for any	17334
subject area required by this division, the state board shall	17335
inform all school districts of the content of those standards.	17336

(B) Not later than eighteen months after the completion of	17337
academic standards for any subject area required by division (A)	17338
of this section, the state board shall adopt a model curriculum	17339
for instruction in that subject area for each of grades	17340
kindergarten through twelve that is sufficient to meet the needs	17341
of students in every community. The model curriculum shall be	17342
aligned with the standards to ensure that the academic content and	17343
skills specified for each grade level are taught to students. When	17344
any model curriculum has been completed, the state board shall	17345
inform all school districts of the content of that model	17346
curriculum.	17347

All school districts may utilize the state standards and the	17348
model curriculum established by the state board, together with	17349
other relevant resources, examples, or models to ensure that	17350
students have the opportunity to attain the academic standards.	17351
Upon request, the department of education shall provide technical	17352
assistance to any district in implementing the model curriculum.	17353

Nothing in this section requires any school district to	17354
utilize all or any part of a model curriculum developed under this	17355
division.	17356

(C) The state board shall develop achievement tests aligned	17357
with the academic standards and model curriculum for each of the	17358
subject areas and grade levels required by section 3301.0710 of	17359
the Revised Code.	17360

When any achievement test has been completed, the state board	17361
shall inform all school districts of its completion, and the	17362
department of education shall make the achievement test available	17363
to the districts. School districts shall administer the	17364
achievement test beginning in the school year indicated in section	17365
3301.0712 of the Revised Code.	17366

(D)(1) ~~Not later than July 1, 2008, and except as provided in~~	17367
~~division (D)(3) of this section, the~~The state board shall adopt a	17368
diagnostic assessment aligned with the academic standards and	17369
model curriculum for each of grades kindergarten through two in	17370
reading, writing, and mathematics and for ~~each of grades~~grade	17371
three ~~through eight~~ in ~~reading,~~ writing~~, mathematics, science, and~~	17372
~~social studies~~. The diagnostic assessment shall be designed to	17373
measure student comprehension of academic content and mastery of	17374
related skills for the relevant subject area and grade level. Any	17375
diagnostic assessment shall not include components to identify	17376
gifted students. Blank copies of diagnostic tests shall be public	17377
records.	17378

(2) When each diagnostic assessment has been completed, the	17379
state board shall inform all school districts of its completion	17380
and the department of education shall make the diagnostic	17381
assessment available to the districts at no cost to the district.	17382
School districts shall administer the diagnostic assessment	17383
pursuant to section 3301.0715 of the Revised Code beginning the	17384
first school year following the development of the assessment.	17385

~~(3) The state board shall not adopt a diagnostic assessment~~	17386
~~for any subject area and grade level for which the state board~~	17387
~~develops an achievement test under division (C) of this section.~~	17388

(E) Whenever the state board or the department of education	17389
consults with persons for the purpose of drafting or reviewing any	17390
standards, diagnostic assessments, achievement tests, or model	17391
curriculum required under this section, the state board or the	17392
department shall first consult with parents of students in	17393
kindergarten through twelfth grade and with active Ohio classroom	17394
teachers, other school personnel, and administrators with	17395
expertise in the appropriate subject area. Whenever practicable,	17396
the state board and department shall consult with teachers	17397
recognized as outstanding in their fields.	17398

If the department contracts with more than one outside entity	17399
for the development of the achievement tests required by this	17400
section, the department shall ensure the interchangeability of	17401
those tests.	17402

(F) The fairness sensitivity review committee, established by	17403
rule of the state board of education, shall not allow any question	17404
on any achievement test or diagnostic assessment developed under	17405
this section or any proficiency test prescribed by former section	17406
3301.0710 of the Revised Code, as it existed prior to September	17407
11, 2001, to include, be written to promote, or inquire as to	17408
individual moral or social values or beliefs. The decision of the	17409
committee shall be final. This section does not create a private	17410
cause of action.	17411

Sec. 3301.0710. The state board of education shall adopt	17412
rules establishing a statewide program to test student	17413
achievement. The state board shall ensure that all tests	17414
administered under the testing program are aligned with the	17415
academic standards and model curricula adopted by the state board	17416
and are created with input from Ohio parents, Ohio classroom	17417
teachers, Ohio school administrators, and other Ohio school	17418
personnel pursuant to section 3301.079 of the Revised Code.	17419

The testing program shall be designed to ensure that students	17420
who receive a high school diploma demonstrate at least high school	17421
levels of achievement in reading, writing, mathematics, science,	17422
and social studies.	17423

(A)(1) The state board shall prescribe all of the following:

17424

(a) Two statewide achievement tests, one each designed to	17425
measure the level of reading and mathematics skill expected at the	17426
end of third grade;	17427

(b) Three statewide achievement tests, one each designed to	17428
measure the level of reading, writing, and mathematics skill	17429
expected at the end of fourth grade;	17430

(c) Four statewide achievement tests, one each designed to	17431
measure the level of reading, mathematics, science, and social	17432
studies skill expected at the end of fifth grade;	17433

(d) Two statewide achievement tests, one each designed to	17434
measure the level of reading and mathematics skill expected at the	17435
end of sixth grade;	17436

(e) Three statewide achievement tests, one each designed to	17437
measure the level of reading, writing, and mathematics skill	17438
expected at the end of seventh grade;	17439

(f) Four statewide achievement tests, one each designed to	17440
measure the level of reading, mathematics, science, and social	17441
studies skill expected at the end of eighth grade.	17442

(2) The state board shall determine and designate at least	17443
five ranges of scores on each of the achievement tests described	17444
in divisions (A)(1) and (B) of this section. Each range of scores	17445
shall be deemed to demonstrate a level of achievement so that any	17446
student attaining a score within such range has achieved one of	17447
the following:	17448

(a) An advanced level of skill;

17449

(b) An accelerated level of skill;

17450

17451

(d) A basic level of skill;

17452

(e) A limited level of skill.

17453

(B) The tests prescribed under this division shall	17454
collectively be known as the Ohio graduation tests. The state	17455
board shall prescribe five statewide high school achievement	17456
tests, one each designed to measure the level of reading, writing,	17457
mathematics, science, and social studies skill expected at the end	17458
of tenth grade. The state board shall designate a score in at	17459
least the range designated under division (A)(2)(c) of this	17460
section on each such test that shall be deemed to be a passing	17461
score on the test as a condition toward granting high school	17462
diplomas under sections 3313.61, 3313.611, 3313.612, and 3325.08	17463
of the Revised Code.	17464

The state board may enter into a reciprocal agreement with	17465
the appropriate body or agency of any other state that has similar	17466
statewide achievement testing requirements for receiving high	17467
school diplomas, under which any student who has met an	17468
achievement testing requirement of one state is recognized as	17469
having met the similar achievement testing requirement of the	17470
other state for purposes of receiving a high school diploma. For	17471
purposes of this section and sections 3301.0711 and 3313.61 of the	17472
Revised Code, any student enrolled in any public high school in	17473
this state who has met an achievement testing requirement	17474
specified in a reciprocal agreement entered into under this	17475
division shall be deemed to have attained at least the applicable	17476
score designated under this division on each test required by this	17477
division that is specified in the agreement.	17478

(C) ~~The~~Except as provided in division (H) of this section,	17479
the state board shall annually designate as follows the dates on	17480
which the tests prescribed under this section shall be	17481
administered:	17482

(1) For the reading test prescribed under division (A)(1)(a)	17483
of this section, as follows:	17484

(a) One date prior to the thirty-first day of December each	17485
school year;	17486

(b) At least one date of each school year that is not earlier	17487
than Monday of the week containing the ~~eighth~~first day of ~~March~~	17488
May;	17489

(c) One date during the summer that is not earlier than the	17490
tenth day of June nor later than the fifteenth day of July for	17491
students receiving summer remediation services under section	17492
3313.608 of the Revised Code.	17493

(2) For the mathematics test prescribed under division	17494
(A)(1)(a) of this section and the tests prescribed under divisions	17495
(A)(1)(b), (c), (d), (e), and (f) of this section, at least one	17496
date of each school year that is not earlier than Monday of the	17497
week containing the ~~eighth~~first day of ~~March~~May;	17498

(3) For the tests prescribed under division (B) of this	17499
section, at least one date in each school year that is not earlier	17500
than Monday of the week containing the fifteenth day of March for	17501
all tenth grade students and at least one date prior to the	17502
thirty-first day of December and at least one date subsequent to	17503
that date but prior to the thirty-first day of March of each	17504
school year for eleventh and twelfth grade students.	17505

(D) In prescribing test dates pursuant to division (C)(3) of	17506
this section, the state board shall, to the greatest extent	17507
practicable, provide options to school districts in the case of	17508
tests administered under that division to eleventh and twelfth	17509
grade students and in the case of tests administered to students	17510
pursuant to division (C)(2) of section 3301.0711 of the Revised	17511
Code. Such options shall include at least an opportunity for	17512
school districts to give such tests outside of regular school	17513
hours.	17514

(E) In prescribing test dates pursuant to this section, the	17515
state board of education shall designate the dates in such a way	17516
as to allow a reasonable length of time between the administration	17517
of tests prescribed under this section and any administration of	17518
the National Assessment of Education Progress Test given to	17519
students in the same grade level pursuant to section 3301.27 of	17520
the Revised Code or federal law.	17521

(F) The state board shall prescribe a practice version of	17522
each Ohio graduation test described in division (B) of this	17523
section that is of comparable length to the actual test.	17524

(G) Any committee established by the department of education	17525
for the purpose of making recommendations to the state board	17526
regarding the state board's designation of scores on the tests	17527
described by this section shall inform the state board of the	17528
probable percentage of students who would score in each of the	17529
ranges established under division (A)(2) of this section on the	17530
tests if the committee's recommendations are adopted by the state	17531
board. To the extent possible, these percentages shall be	17532
disaggregated by gender, major racial and ethnic groups, limited	17533
English proficient students, economically disadvantaged students,	17534
students with disabilities, and migrant students.	17535

If the state board intends to make any change to the	17536
committee's recommendations, the state board shall explain the	17537
intended change to the Ohio accountability task force established	17538
by section 3302.021 of the Revised Code. The task force shall	17539
recommend whether the state board should proceed to adopt the	17540
intended change. Nothing in this division shall require the state	17541
board to designate test scores based upon the recommendations of	17542
the task force.	17543

(H)(1) The state board shall require any alternate assessment	17544
administered to a student under division (C)(1) of section	17545
3301.0711 of the Revised Code to be completed and submitted to the	17546
entity with which the department contracts for the scoring of the	17547
test not later than the first day of April of the school year in	17548
which the test is administered.	17549

(2) For any test prescribed by this section, the state board	17550
may designate a date one week earlier than the applicable date	17551
designated under division (C) of this section for the	17552
administration of the test to limited English proficient students.	17553

(3) In designating days for the administration of the tests	17554
prescribed by division (A) of this section, the state board shall	17555
require the tests for each grade level to be administered on	17556
consecutive days.	17557

Sec. 3301.0711. (A) The department of education shall:

17558

(1) Annually furnish to, grade, and score all tests required	17559
by section 3301.0710 of the Revised Code to be administered by	17560
city, local, exempted village, and joint vocational school	17561
districts, except that each district shall score any test	17562
administered pursuant to division (B)(10) of this section. Each	17563
test so furnished shall include the data verification code of the	17564
student to whom the test will be administered, as assigned	17565
pursuant to division (D)(2) of section 3301.0714 of the Revised	17566
Code. In furnishing the practice versions of Ohio graduation tests	17567
prescribed by division (F) of section 3301.0710 of the Revised	17568
Code, the department shall make the tests available on its web	17569
site for reproduction by districts. In awarding contracts for	17570
grading tests, the department shall give preference to Ohio-based	17571
entities employing Ohio residents.	17572

(2) Adopt rules for the ethical use of tests and prescribing	17573
the manner in which the tests prescribed by section 3301.0710 of	17574
the Revised Code shall be administered to students.	17575

(B) Except as provided in divisions (C) and (J) of this	17576
section, the board of education of each city, local, and exempted	17577
village school district shall, in accordance with rules adopted	17578
under division (A) of this section:	17579

(1) Administer the reading test prescribed under division	17580
(A)(1)(a) of section 3301.0710 of the Revised Code twice annually	17581
to all students in the third grade who have not attained the score	17582
designated for that test under division (A)(2)(c) of section	17583
3301.0710 of the Revised Code and once each summer to students	17584
receiving summer remediation services under section 3313.608 of	17585
the Revised Code.	17586

(2) Administer the mathematics test prescribed under division	17587
(A)(1)(a) of section 3301.0710 of the Revised Code at least once	17588
annually to all students in the third grade.	17589

(3) Administer the tests prescribed under division (A)(1)(b)	17590
of section 3301.0710 of the Revised Code at least once annually to	17591
all students in the fourth grade.	17592

(4) Administer the tests prescribed under division (A)(1)(c)	17593
of section 3301.0710 of the Revised Code at least once annually to	17594
all students in the fifth grade.	17595

(5) Administer the tests prescribed under division (A)(1)(d)	17596
of section 3301.0710 of the Revised Code at least once annually to	17597
all students in the sixth grade.	17598

(6) Administer the tests prescribed under division (A)(1)(e)	17599
of section 3301.0710 of the Revised Code at least once annually to	17600
all students in the seventh grade.	17601

(7) Administer the tests prescribed under division (A)(1)(f)	17602
of section 3301.0710 of the Revised Code at least once annually to	17603
all students in the eighth grade.	17604

(8) Except as provided in division (B)(9) of this section,	17605
administer any test prescribed under division (B) of section	17606
3301.0710 of the Revised Code as follows:	17607

(a) At least once annually to all tenth grade students and at	17608
least twice annually to all students in eleventh or twelfth grade	17609
who have not yet attained the score on that test designated under	17610
that division;	17611

(b) To any person who has successfully completed the	17612
curriculum in any high school or the individualized education	17613
program developed for the person by any high school pursuant to	17614
section 3323.08 of the Revised Code but has not received a high	17615
school diploma and who requests to take such test, at any time	17616
such test is administered in the district.	17617

(9) In lieu of the board of education of any city, local, or	17618
exempted village school district in which the student is also	17619
enrolled, the board of a joint vocational school district shall	17620
administer any test prescribed under division (B) of section	17621
3301.0710 of the Revised Code at least twice annually to any	17622
student enrolled in the joint vocational school district who has	17623
not yet attained the score on that test designated under that	17624
division. A board of a joint vocational school district may also	17625
administer such a test to any student described in division	17626
(B)(8)(b) of this section.	17627

(10) If the district has been declared to be under an	17628
academic watch or in a state of academic emergency pursuant to	17629
section 3302.03 of the Revised Code or has a three-year average	17630
graduation rate of not more than seventy-five per cent, administer	17631
each test prescribed by division (F) of section 3301.0710 of the	17632
Revised Code in September to all ninth grade students, beginning	17633
in the school year that starts July 1, 2005.	17634

(C)(1)(a) Any student receiving special education services	17635
under Chapter 3323. of the Revised Code may be excused from taking	17636
any particular test required to be administered under this section	17637
if the individualized education program developed for the student	17638
pursuant to section 3323.08 of the Revised Code excuses the	17639
student from taking that test and instead specifies an alternate	17640
assessment method approved by the department of education as	17641
conforming to requirements of federal law for receipt of federal	17642
funds for disadvantaged pupils. To the extent possible, the	17643
individualized education program shall not excuse the student from	17644
taking a test unless no reasonable accommodation can be made to	17645
enable the student to take the test.	17646

(b) Any alternate assessment approved by the department for a	17647
student under this division shall produce measurable results	17648
comparable to those produced by the tests which the alternate	17649
assessments are replacing in order to allow for the student's	17650
assessment results to be included in the data compiled for a	17651
school district or building under section 3302.03 of the Revised	17652
Code.	17653

(c) Any student enrolled in a chartered nonpublic school who	17654
has been identified, based on an evaluation conducted in	17655
accordance with section 3323.03 of the Revised Code or section 504	17656
of the "Rehabilitation Act of 1973," 87 Stat. 355, 29 U.S.C.A.	17657
794, as amended, as a child with a disability shall be excused	17658
from taking any particular test required to be administered under	17659
this section if a plan developed for the student pursuant to rules	17660
adopted by the state board excuses the student from taking that	17661
test. In the case of any student so excused from taking a test,	17662
the chartered nonpublic school shall not prohibit the student from	17663
taking the test.	17664

(2) A district board may, for medical reasons or other good	17665
cause, excuse a student from taking a test administered under this	17666
section on the date scheduled, but any such test shall be	17667
administered to such excused student not later than nine days	17668
following the scheduled date. The board shall annually report the	17669
number of students who have not taken one or more of the tests	17670
required by this section to the state board of education not later	17671
than the thirtieth day of June.	17672

(3) As used in this division, "limited English proficient	17673
student" has the same meaning as in 20 U.S.C. 7801.	17674

No school district board shall excuse any limited English	17675
proficient student from taking any particular test required to be	17676
administered under this section, except that any limited English	17677
proficient student who has been enrolled in United States schools	17678
for less than one full school year shall not be required to take	17679
any such reading or writing test. However, no board shall prohibit	17680
a limited English proficient student who is not required to take a	17681
test under this division from taking the test. A board may permit	17682
any limited English proficient student to take any test required	17683
to be administered under this section with appropriate	17684
accommodations, as determined by the department. For each limited	17685
English proficient student, each school district shall annually	17686
assess that student's progress in learning English, in accordance	17687
with procedures approved by the department.	17688

The governing authority of a chartered nonpublic school may	17689
excuse a limited English proficient student from taking any test	17690
administered under this section. However, no governing authority	17691
shall prohibit a limited English proficient student from taking	17692
the test.	17693

(D)(1) In the school year next succeeding the school year in	17694
which the tests prescribed by division (A)(1) or (B) of section	17695
3301.0710 of the Revised Code or former division (A)(1), (A)(2),	17696
or (B) of section 3301.0710 of the Revised Code as it existed	17697
prior to September 11, 2001, are administered to any student, the	17698
board of education of any school district in which the student is	17699
enrolled in that year shall provide to the student intervention	17700
services commensurate with the student's test performance,	17701
including any intensive intervention required under section	17702
3313.608 of the Revised Code, in any skill in which the student	17703
failed to demonstrate at least a score at the proficient level on	17704
the test.	17705

(2) Following any administration of the tests prescribed by	17706
division (F) of section 3301.0710 of the Revised Code to ninth	17707
grade students, each school district that has a three-year average	17708
graduation rate of not more than seventy-five per cent shall	17709
determine for each high school in the district whether the school	17710
shall be required to provide intervention services to any students	17711
who took the tests. In determining which high schools shall	17712
provide intervention services based on the resources available,	17713
the district shall consider each school's graduation rate and	17714
scores on the practice tests. The district also shall consider the	17715
scores received by ninth grade students on the reading and	17716
mathematics tests prescribed under division (A)(1)(f) of section	17717
3301.0710 of the Revised Code in the eighth grade in determining	17718
which high schools shall provide intervention services.	17719

Each high school selected to provide intervention services	17720
under this division shall provide intervention services to any	17721
student whose test results indicate that the student is failing to	17722
make satisfactory progress toward being able to attain scores at	17723
the proficient level on the Ohio graduation tests. Intervention	17724
services shall be provided in any skill in which a student	17725
demonstrates unsatisfactory progress and shall be commensurate	17726
with the student's test performance. Schools shall provide the	17727
intervention services prior to the end of the school year, during	17728
the summer following the ninth grade, in the next succeeding	17729
school year, or at any combination of those times.	17730

(E) Except as provided in section 3313.608 of the Revised	17731
Code and division (M) of this section, no school district board of	17732
education shall utilize any student's failure to attain a	17733
specified score on any test administered under this section as a	17734
factor in any decision to deny the student promotion to a higher	17735
grade level. However, a district board may choose not to promote	17736
to the next grade level any student who does not take any test	17737
administered under this section or make up such test as provided	17738
by division (C)(2) of this section and who is not exempt from the	17739
requirement to take the test under division (C)(3) of this	17740
section.	17741

(F) No person shall be charged a fee for taking any test	17742
administered under this section.	17743

(G) ~~Not later than sixty days after any administration of any~~	17744
~~test prescribed by division (A)(1) or (B) of section 3301.0710 of~~	17745
~~the Revised Code, the~~(1) Each school district board shall submit	17746
the tests administered in the spring under division (B)(1) of this	17747
section and the tests administered under divisions (B)(2) to (7)	17748
of this section to the entity with which the department contracts	17749
for the scoring of the tests not later than the Friday after the	17750
tests are administered, except that any such test that a student	17751
takes during the make-up period described in division (C)(2) of	17752
this section shall be submitted not later than the Friday	17753
following the day the student takes the test.	17754

(2) The department or an entity with which the department	17755
contracts for the scoring of the test shall send to each school	17756
district board a list of the individual test scores of all persons	17757
taking ~~the~~any test prescribed by division (A)(1) or (B) of	17758
section 3301.0710 of the Revised Code within sixty days after its	17759
administration, but in no case shall the scores be returned later	17760
than the fifteenth day of June following the administration. For	17761
any tests administered under this section by a joint vocational	17762
school district, the department or entity shall also send to each	17763
city, local, or exempted village school district a list of the	17764
individual test scores of any students of such city, local, or	17765
exempted village school district who are attending school in the	17766
joint vocational school district.	17767

(H) Individual test scores on any tests administered under	17768
this section shall be released by a district board only in	17769
accordance with section 3319.321 of the Revised Code and the rules	17770
adopted under division (A) of this section. No district board or	17771
its employees shall utilize individual or aggregate test results	17772
in any manner that conflicts with rules for the ethical use of	17773
tests adopted pursuant to division (A) of this section.	17774

(I) Except as provided in division (G) of this section, the	17775
department or an entity with which the department contracts for	17776
the scoring of the test shall not release any individual test	17777
scores on any test administered under this section ~~and~~. The state	17778
board of education shall adopt rules to ensure the protection of	17779
student confidentiality at all times. The rules may require the	17780
use of the data verification codes assigned to students pursuant	17781
to division (D)(2) of section 3301.0714 of the Revised Code to	17782
protect the confidentiality of student test scores.	17783

(J) Notwithstanding division (D) of section 3311.52 of the	17784
Revised Code, this section does not apply to the board of	17785
education of any cooperative education school district except as	17786
provided under rules adopted pursuant to this division.	17787

(1) In accordance with rules that the state board of	17788
education shall adopt, the board of education of any city,	17789
exempted village, or local school district with territory in a	17790
cooperative education school district established pursuant to	17791
divisions (A) to (C) of section 3311.52 of the Revised Code may	17792
enter into an agreement with the board of education of the	17793
cooperative education school district for administering any test	17794
prescribed under this section to students of the city, exempted	17795
village, or local school district who are attending school in the	17796
cooperative education school district.	17797

(2) In accordance with rules that the state board of	17798
education shall adopt, the board of education of any city,	17799
exempted village, or local school district with territory in a	17800
cooperative education school district established pursuant to	17801
section 3311.521 of the Revised Code shall enter into an agreement	17802
with the cooperative district that provides for the administration	17803
of any test prescribed under this section to both of the	17804
following:	17805

(a) Students who are attending school in the cooperative	17806
district and who, if the cooperative district were not	17807
established, would be entitled to attend school in the city,	17808
local, or exempted village school district pursuant to section	17809
3313.64 or 3313.65 of the Revised Code;	17810

(b) Persons described in division (B)(8)(b) of this section.

17811

Any testing of students pursuant to such an agreement shall	17812
be in lieu of any testing of such students or persons pursuant to	17813
this section.	17814

(K)(1) Any chartered nonpublic school may participate in the	17815
testing program by administering any of the tests prescribed by	17816
section 3301.0710 or 3301.0712 of the Revised Code if the chief	17817
administrator of the school specifies which tests the school	17818
wishes to administer. Such specification shall be made in writing	17819
to the superintendent of public instruction prior to the first day	17820
of August of any school year in which tests are administered and	17821
shall include a pledge that the nonpublic school will administer	17822
the specified tests in the same manner as public schools are	17823
required to do under this section and rules adopted by the	17824
department.	17825

(2) The department of education shall furnish the tests	17826
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	17827
to any chartered nonpublic school electing to participate under	17828
this division.	17829

(L)(1) The superintendent of the state school for the blind	17830
and the superintendent of the state school for the deaf shall	17831
administer the tests described by section 3301.0710 of the Revised	17832
Code. Each superintendent shall administer the tests in the same	17833
manner as district boards are required to do under this section	17834
and rules adopted by the department of education and in conformity	17835
with division (C)(1)(a) of this section.	17836

(2) The department of education shall furnish the tests	17837
described by section 3301.0710 of the Revised Code to each	17838
superintendent.	17839

(M) Notwithstanding division (E) of this section, a school	17840
district may use a student's failure to attain a score in at least	17841
the basic range on the mathematics test described by division	17842
(A)(1)(a) of section 3301.0710 of the Revised Code or on any of	17843
the tests described by division (A)(1)(b), (c), (d), (e), or (f)	17844
of section 3301.0710 of the Revised Code as a factor in retaining	17845
that student in the current grade level.	17846

(N)(1) ~~The~~In the manner specified in divisions (N)(3) to (5)	17847
of this section, the tests required by section 3301.0710 of the	17848
Revised Code shall become public records pursuant to section	17849
149.43 of the Revised Code on the first day of July following the	17850
school year that the test was administered, except that the	17851
reading test prescribed under division (A)(1)(a) of section	17852
3301.0710 of the Revised Code shall become a public record on the	17853
sixteenth day of July following the school year that the test was	17854
administered.	17855

(2) The department may field test proposed test questions	17856
with samples of students to determine the validity, reliability,	17857
or appropriateness of test questions for possible inclusion in a	17858
future year's test. The department also may use anchor questions	17859
on tests to ensure that different versions of the same test are of	17860
comparable difficulty.	17861

Field test questions and anchor questions shall not be	17862
considered in computing test scores for individual students. Field	17863
test questions and anchor questions may be included as part of the	17864
administration of any test required by section 3301.0710 of the	17865
Revised Code.	17866

(3) Any field test question or anchor question administered	17867
under division (N)(2) of this section shall not be a public	17868
record. Such field test questions and anchor questions shall be	17869
redacted from any tests which are released as a public record	17870
pursuant to division (N)(1) of this section.	17871

(4) This division applies to the tests prescribed by division	17872
(A) of section 3301.0710 of the Revised Code.	17873

(a) The first administration of each test, as specified in	17874
section 3301.0712 of the Revised Code, shall be a public record.	17875

(b) For subsequent administrations of each test, not less	17876
than forty per cent of the questions on the test that are used to	17877
compute a student's score shall be a public record. The department	17878
shall determine which questions will be needed for reuse on a	17879
future test and those questions shall not be public records and	17880
shall be redacted from the test prior to its release as a public	17881
record.	17882

(5) Each test prescribed by division (B) of section 3301.0710	17883
of the Revised Code that is administered in the spring shall be a	17884
public record. Each test prescribed by that division that is	17885
administered in the fall or summer shall not be a public record.	17886

(O) As used in this section:

17887

(1) "Three-year average" means the average of the most recent	17888
consecutive three school years of data.	17889

(2) "Dropout" means a student who withdraws from school	17890
before completing course requirements for graduation and who is	17891
not enrolled in an education program approved by the state board	17892
of education or an education program outside the state. "Dropout"	17893
does not include a student who has departed the country.	17894

(3) "Graduation rate" means the ratio of students receiving a	17895
diploma to the number of students who entered ninth grade four	17896
years earlier. Students who transfer into the district are added	17897
to the calculation. Students who transfer out of the district for	17898
reasons other than dropout are subtracted from the calculation. If	17899
a student who was a dropout in any previous year returns to the	17900
same school district, that student shall be entered into the	17901
calculation as if the student had entered ninth grade four years	17902
before the graduation year of the graduating class that the	17903
student joins.	17904

Sec. 3301.0714. (A) The state board of education shall adopt	17905
rules for a statewide education management information system. The	17906
rules shall require the state board to establish guidelines for	17907
the establishment and maintenance of the system in accordance with	17908
this section and the rules adopted under this section. The	17909
guidelines shall include:	17910

(1) Standards identifying and defining the types of data in	17911
the system in accordance with divisions (B) and (C) of this	17912
section;	17913

(2) Procedures for annually collecting and reporting the data	17914
to the state board in accordance with division (D) of this	17915
section;	17916

(3) Procedures for annually compiling the data in accordance	17917
with division (G) of this section;	17918

(4) Procedures for annually reporting the data to the public	17919
in accordance with division (H) of this section.	17920

(B) The guidelines adopted under this section shall require	17921
the data maintained in the education management information system	17922
to include at least the following:	17923

(1) Student participation and performance data, for each	17924
grade in each school district as a whole and for each grade in	17925
each school building in each school district, that includes:	17926

(a) The numbers of students receiving each category of	17927
instructional service offered by the school district, such as	17928
regular education instruction, vocational education instruction,	17929
specialized instruction programs or enrichment instruction that is	17930
part of the educational curriculum, instruction for gifted	17931
students, instruction for handicapped students, and remedial	17932
instruction. The guidelines shall require instructional services	17933
under this division to be divided into discrete categories if an	17934
instructional service is limited to a specific subject, a specific	17935
type of student, or both, such as regular instructional services	17936
in mathematics, remedial reading instructional services,	17937
instructional services specifically for students gifted in	17938
mathematics or some other subject area, or instructional services	17939
for students with a specific type of handicap. The categories of	17940
instructional services required by the guidelines under this	17941
division shall be the same as the categories of instructional	17942
services used in determining cost units pursuant to division	17943
(C)(3) of this section.	17944

(b) The numbers of students receiving support or	17945
extracurricular services for each of the support services or	17946
extracurricular programs offered by the school district, such as	17947
counseling services, health services, and extracurricular sports	17948
and fine arts programs. The categories of services required by the	17949
guidelines under this division shall be the same as the categories	17950
of services used in determining cost units pursuant to division	17951
(C)(4)(a) of this section.	17952

(c) Average student grades in each subject in grades nine	17953
through twelve;	17954

(d) Academic achievement levels as assessed by the testing of	17955
student achievement under sections 3301.0710 and 3301.0711 of the	17956
Revised Code;	17957

(e) The number of students designated as having a	17958
handicapping condition pursuant to division (C)(1) of section	17959
3301.0711 of the Revised Code;	17960

(f) The numbers of students reported to the state board	17961
pursuant to division (C)(2) of section 3301.0711 of the Revised	17962
Code;	17963

(g) Attendance rates and the average daily attendance for the	17964
year. For purposes of this division, a student shall be counted as	17965
present for any field trip that is approved by the school	17966
administration.	17967

(h) Expulsion rates;

17968

(i) Suspension rates;

17969

(j) The percentage of students receiving corporal punishment;

17970

(k) Dropout rates;

17971

(l) Rates of retention in grade;

17972

(m) For pupils in grades nine through twelve, the average	17973
number of carnegie units, as calculated in accordance with state	17974
board of education rules;	17975

(n) Graduation rates, to be calculated in a manner specified	17976
by the department of education that reflects the rate at which	17977
students who were in the ninth grade three years prior to the	17978
current year complete school and that is consistent with	17979
nationally accepted reporting requirements;	17980

(o) Results of diagnostic assessments administered to	17981
kindergarten students as required under section 3301.0715 of the	17982
Revised Code to permit a comparison of the academic readiness of	17983
kindergarten students. However, no district shall be required to	17984
report to the department the results of any diagnostic assessment	17985
administered to a kindergarten student if the parent of that	17986
student requests the district not to report those results.	17987

(2) Personnel and classroom enrollment data for each school	17988
district, including:	17989

(a) The total numbers of licensed employees and nonlicensed	17990
employees and the numbers of full-time equivalent licensed	17991
employees and nonlicensed employees providing each category of	17992
instructional service, instructional support service, and	17993
administrative support service used pursuant to division (C)(3) of	17994
this section. The guidelines adopted under this section shall	17995
require these categories of data to be maintained for the school	17996
district as a whole and, wherever applicable, for each grade in	17997
the school district as a whole, for each school building as a	17998
whole, and for each grade in each school building.	17999

(b) The total number of employees and the number of full-time	18000
equivalent employees providing each category of service used	18001
pursuant to divisions (C)(4)(a) and (b) of this section, and the	18002
total numbers of licensed employees and nonlicensed employees and	18003
the numbers of full-time equivalent licensed employees and	18004
nonlicensed employees providing each category used pursuant to	18005
division (C)(4)(c) of this section. The guidelines adopted under	18006
this section shall require these categories of data to be	18007
maintained for the school district as a whole and, wherever	18008
applicable, for each grade in the school district as a whole, for	18009
each school building as a whole, and for each grade in each school	18010
building.	18011

(c) The total number of regular classroom teachers teaching	18012
classes of regular education and the average number of pupils	18013
enrolled in each such class, in each of grades kindergarten	18014
through five in the district as a whole and in each school	18015
building in the school district.	18016

(d) The number of master teachers employed by each school	18017
district and each school building, once a definition of master	18018
teacher has been developed by the educator standards board	18019
pursuant to section 3319.61 of the Revised Code.	18020

(3)(a) Student demographic data for each school district,	18021
including information regarding the gender ratio of the school	18022
district's pupils, the racial make-up of the school district's	18023
pupils, the number of limited English proficient students in the	18024
district, and an appropriate measure of the number of the school	18025
district's pupils who reside in economically disadvantaged	18026
households. The demographic data shall be collected in a manner to	18027
allow correlation with data collected under division (B)(1) of	18028
this section. Categories for data collected pursuant to division	18029
(B)(3) of this section shall conform, where appropriate, to	18030
standard practices of agencies of the federal government.	18031

(b) With respect to each student entering kindergarten,	18032
whether the student previously participated in a public preschool	18033
program, a private preschool program, or a head start program, and	18034
the number of years the student participated in each of these	18035
programs.	18036

(4) Any data required to be collected pursuant to federal	18037
law.	18038

(C) The education management information system shall include	18039
cost accounting data for each district as a whole and for each	18040
school building in each school district. The guidelines adopted	18041
under this section shall require the cost data for each school	18042
district to be maintained in a system of mutually exclusive cost	18043
units and shall require all of the costs of each school district	18044
to be divided among the cost units. The guidelines shall require	18045
the system of mutually exclusive cost units to include at least	18046
the following:	18047

(1) Administrative costs for the school district as a whole.	18048
The guidelines shall require the cost units under this division	18049
(C)(1) to be designed so that each of them may be compiled and	18050
reported in terms of average expenditure per pupil in formula ADM	18051
in the school district, as determined pursuant to section 3317.03	18052
of the Revised Code.	18053

(2) Administrative costs for each school building in the	18054
school district. The guidelines shall require the cost units under	18055
this division (C)(2) to be designed so that each of them may be	18056
compiled and reported in terms of average expenditure per	18057
full-time equivalent pupil receiving instructional or support	18058
services in each building.	18059

(3) Instructional services costs for each category of	18060
instructional service provided directly to students and required	18061
by guidelines adopted pursuant to division (B)(1)(a) of this	18062
section. The guidelines shall require the cost units under	18063
division (C)(3) of this section to be designed so that each of	18064
them may be compiled and reported in terms of average expenditure	18065
per pupil receiving the service in the school district as a whole	18066
and average expenditure per pupil receiving the service in each	18067
building in the school district and in terms of a total cost for	18068
each category of service and, as a breakdown of the total cost, a	18069
cost for each of the following components:	18070

(a) The cost of each instructional services category required	18071
by guidelines adopted under division (B)(1)(a) of this section	18072
that is provided directly to students by a classroom teacher;	18073

(b) The cost of the instructional support services, such as	18074
services provided by a speech-language pathologist, classroom	18075
aide, multimedia aide, or librarian, provided directly to students	18076
in conjunction with each instructional services category;	18077

(c) The cost of the administrative support services related	18078
to each instructional services category, such as the cost of	18079
personnel that develop the curriculum for the instructional	18080
services category and the cost of personnel supervising or	18081
coordinating the delivery of the instructional services category.	18082

(4) Support or extracurricular services costs for each	18083
category of service directly provided to students and required by	18084
guidelines adopted pursuant to division (B)(1)(b) of this section.	18085
The guidelines shall require the cost units under division (C)(4)	18086
of this section to be designed so that each of them may be	18087
compiled and reported in terms of average expenditure per pupil	18088
receiving the service in the school district as a whole and	18089
average expenditure per pupil receiving the service in each	18090
building in the school district and in terms of a total cost for	18091
each category of service and, as a breakdown of the total cost, a	18092
cost for each of the following components:	18093

(a) The cost of each support or extracurricular services	18094
category required by guidelines adopted under division (B)(1)(b)	18095
of this section that is provided directly to students by a	18096
licensed employee, such as services provided by a guidance	18097
counselor or any services provided by a licensed employee under a	18098
supplemental contract;	18099

(b) The cost of each such services category provided directly	18100
to students by a nonlicensed employee, such as janitorial	18101
services, cafeteria services, or services of a sports trainer;	18102

(c) The cost of the administrative services related to each	18103
services category in division (C)(4)(a) or (b) of this section,	18104
such as the cost of any licensed or nonlicensed employees that	18105
develop, supervise, coordinate, or otherwise are involved in	18106
administering or aiding the delivery of each services category.	18107

(D)(1) The guidelines adopted under this section shall	18108
require school districts to collect information about individual	18109
students, staff members, or both in connection with any data	18110
required by division (B) or (C) of this section or other reporting	18111
requirements established in the Revised Code. The guidelines may	18112
also require school districts to report information about	18113
individual staff members in connection with any data required by	18114
division (B) or (C) of this section or other reporting	18115
requirements established in the Revised Code. The guidelines shall	18116
not authorize school districts to request social security numbers	18117
of individual students. The guidelines shall prohibit the	18118
reporting under this section of a student's name, address, and	18119
social security number to the state board of education or the	18120
department of education. The guidelines shall also prohibit the	18121
reporting under this section of any personally identifiable	18122
information about any student, except for the purpose of assigning	18123
the data verification code required by division (D)(2) of this	18124
section, to any other person unless such person is employed by the	18125
school district or the data acquisition site operated under	18126
section 3301.075 of the Revised Code and is authorized by the	18127
district or acquisition site to have access to such information or	18128
is employed by an entity with which the department contracts for	18129
the scoring of tests administered under section 3301.0711 or	18130
3301.0712 of the Revised Code. The guidelines may require school	18131
districts to provide the social security numbers of individual	18132
staff members.	18133

(2) The guidelines shall provide for each school district or	18134
community school to assign a data verification code that is unique	18135
on a statewide basis over time to each student whose initial Ohio	18136
enrollment is in that district or school and to report all	18137
required individual student data for that student utilizing such	18138
code. The guidelines shall also provide for assigning data	18139
verification codes to all students enrolled in districts or	18140
community schools on the effective date of the guidelines	18141
established under this section.	18142

Individual student data shall be reported to the department	18143
through the data acquisition sites utilizing the code but at no	18144
time shall the state board or the department have access to	18145
information that would enable any data verification code to be	18146
matched to personally identifiable student data.	18147

Each school district shall ensure that the data verification	18148
code is included in the student's records reported to any	18149
subsequent school district or community school in which the	18150
student enrolls. Any such subsequent district or school shall	18151
utilize the same identifier in its reporting of data under this	18152
section.	18153

(E) The guidelines adopted under this section may require	18154
school districts to collect and report data, information, or	18155
reports other than that described in divisions (A), (B), and (C)	18156
of this section for the purpose of complying with other reporting	18157
requirements established in the Revised Code. The other data,	18158
information, or reports may be maintained in the education	18159
management information system but are not required to be compiled	18160
as part of the profile formats required under division (G) of this	18161
section or the annual statewide report required under division (H)	18162
of this section.	18163

(F) Beginning with the school year that begins July 1, 1991,	18164
the board of education of each school district shall annually	18165
collect and report to the state board, in accordance with the	18166
guidelines established by the board, the data required pursuant to	18167
this section. A school district may collect and report these data	18168
notwithstanding section 2151.358 or 3319.321 of the Revised Code.	18169

(G) The state board shall, in accordance with the procedures	18170
it adopts, annually compile the data reported by each school	18171
district pursuant to division (D) of this section. The state board	18172
shall design formats for profiling each school district as a whole	18173
and each school building within each district and shall compile	18174
the data in accordance with these formats. These profile formats	18175
shall:	18176

(1) Include all of the data gathered under this section in a	18177
manner that facilitates comparison among school districts and	18178
among school buildings within each school district;	18179

(2) Present the data on academic achievement levels as	18180
assessed by the testing of student achievement maintained pursuant	18181
to division (B)(1)(d) of this section.	18182

(H)(1) The state board shall, in accordance with the	18183
procedures it adopts, annually prepare a statewide report for all	18184
school districts and the general public that includes the profile	18185
of each of the school districts developed pursuant to division (G)	18186
of this section. Copies of the report shall be sent to each school	18187
district.	18188

(2) The state board shall, in accordance with the procedures	18189
it adopts, annually prepare an individual report for each school	18190
district and the general public that includes the profiles of each	18191
of the school buildings in that school district developed pursuant	18192
to division (G) of this section. Copies of the report shall be	18193
sent to the superintendent of the district and to each member of	18194
the district board of education.	18195

(3) Copies of the reports received from the state board under	18196
divisions (H)(1) and (2) of this section shall be made available	18197
to the general public at each school district's offices. Each	18198
district board of education shall make copies of each report	18199
available to any person upon request and payment of a reasonable	18200
fee for the cost of reproducing the report. The board shall	18201
annually publish in a newspaper of general circulation in the	18202
school district, at least twice during the two weeks prior to the	18203
week in which the reports will first be available, a notice	18204
containing the address where the reports are available and the	18205
date on which the reports will be available.	18206

(I) Any data that is collected or maintained pursuant to this	18207
section and that identifies an individual pupil is not a public	18208
record for the purposes of section 149.43 of the Revised Code.	18209

(J) As used in this section:

18210

(1) "School district" means any city, local, exempted	18211
village, or joint vocational school district.	18212

(2) "Cost" means any expenditure for operating expenses made	18213
by a school district excluding any expenditures for debt	18214
retirement except for payments made to any commercial lending	18215
institution for any loan approved pursuant to section 3313.483 of	18216
the Revised Code.	18217

(K) Any person who removes data from the information system	18218
established under this section for the purpose of releasing it to	18219
any person not entitled under law to have access to such	18220
information is subject to section 2913.42 of the Revised Code	18221
prohibiting tampering with data.	18222

(L) Any time the department of education determines that a	18223
school district has taken any of the actions described under	18224
division (L)(1), (2), or (3) of this section, it shall make a	18225
report of the actions of the district, send a copy of the report	18226
to the superintendent of such school district, and maintain a copy	18227
of the report in its files:	18228

(1) The school district fails to meet any deadline	18229
established pursuant to this section for the reporting of any data	18230
to the education management information system;	18231

(2) The school district fails to meet any deadline	18232
established pursuant to this section for the correction of any	18233
data reported to the education management information system;	18234

(3) The school district reports data to the education	18235
management information system in a condition, as determined by the	18236
department, that indicates that the district did not make a good	18237
faith effort in reporting the data to the system.	18238

Any report made under this division shall include	18239
recommendations for corrective action by the school district.	18240

Upon making a report for the first time in a fiscal year, the	18241
department shall withhold ten per cent of the total amount due	18242
during that fiscal year under Chapter 3317. of the Revised Code to	18243
the school district to which the report applies. Upon making a	18244
second report in a fiscal year, the department shall withhold an	18245
additional twenty per cent of such total amount due during that	18246
fiscal year to the school district to which the report applies.	18247
The department shall not release such funds unless it determines	18248
that the district has taken corrective action. However, no such	18249
release of funds shall occur if the district fails to take	18250
corrective action within forty-five days of the date upon which	18251
the report was made by the department.	18252

(M) No data acquisition site or school district shall	18253
acquire, change, or update its student administration software	18254
package to manage and report data required to be reported to the	18255
department unless it converts to a student software package that	18256
is certified by the department.	18257

(N) The state board of education, in accordance with sections	18258
3319.31 and 3319.311 of the Revised Code, may suspend or revoke a	18259
license as defined under division (A) of section 3319.31 of the	18260
Revised Code that has been issued to any school district employee	18261
found to have willfully reported erroneous, inaccurate, or	18262
incomplete data to the education management information system.	18263

(O) No person shall release or maintain any information about	18264
any student in violation of this section. Whoever violates this	18265
division is guilty of a misdemeanor of the fourth degree.	18266

(P) The department shall disaggregate the data collected	18267
under division (B)(1)(o) of this section according to the race and	18268
socioeconomic status of the students assessed. No data collected	18269
under that division shall be included on the report cards required	18270
by section 3302.03 of the Revised Code.	18271

(Q) If the department cannot compile any of the information	18272
required by division (C)(5) of section 3302.03 of the Revised Code	18273
based upon the data collected under this section, the department	18274
shall develop a plan and a reasonable timeline for the collection	18275
of any data necessary to comply with that division.	18276

Sec. 3301.0715. (A) Except as provided in division (E) of	18277
this section, the board of education of each city, local, and	18278
exempted village school district shall administer each applicable	18279
diagnostic assessment developed and provided to the district in	18280
accordance with section 3301.079 of the Revised Code to the	18281
following:	18282

(1) Each student enrolled in a building subject to division	18283
(E) of section 3302.04 of the Revised Code;	18284

(2) Any student who transfers into the district or to a	18285
different school within the district if each applicable diagnostic	18286
assessment was not administered by the district or school the	18287
student previously attended in the current school year, within	18288
thirty days after the date of transfer. If the district or school	18289
into which the student transfers cannot determine whether the	18290
student has taken any applicable diagnostic assessment in the	18291
current school year, the district or school may administer the	18292
diagnostic assessment to the student.	18293

(3) Each kindergarten student, not later than six weeks after	18294
the first day of school. For the purpose of division (A)(3) of	18295
this section, the district shall administer the kindergarten	18296
readiness assessment provided by the department of education. The	18297
district may administer the readiness assessment to a student	18298
prior to the student's enrollment in kindergarten, but in no case	18299
shall the results of the readiness assessment be used to prohibit	18300
the student from enrolling in kindergarten.	18301

(4) Each student enrolled in first or second grade.

18302

(B) Each district board shall administer each diagnostic	18303
assessment as the board deems appropriate. However, the board	18304
shall administer any diagnostic assessment at least once annually	18305
to all students in the appropriate grade level. A district board	18306
may administer any diagnostic assessment in the fall and spring of	18307
a school year to measure the amount of academic growth	18308
attributable to the instruction received by students during that	18309
school year.	18310

(C) Each district board shall utilize and score any	18311
diagnostic assessment administered under division (A) of this	18312
section in accordance with rules established by the department.	18313
Except as required by division (B)(1)(o) of section 3301.0714 of	18314
the Revised Code, neither the state board of education nor the	18315
department shall require school districts to report the results of	18316
diagnostic assessments for any students to the department or to	18317
make any such results available in any form to the public. After	18318
the administration of any diagnostic assessment, each district	18319
shall provide a student's completed diagnostic assessment, the	18320
results of such assessment, and any other accompanying documents	18321
used during the administration of the assessment to the parent of	18322
that student upon the parent's request.	18323

(D) Each district board shall provide intervention services	18324
to students whose diagnostic assessments show that they are	18325
failing to make satisfactory progress toward attaining the	18326
academic standards for their grade level.	18327

(E) Any district that made adequate yearly progress, as	18328
defined in section 3302.01 of the Revised Code, in the immediately	18329
preceding school year may assess student progress in grades one	18330
through ~~eight~~three using a diagnostic assessment other than the	18331
diagnostic assessment required by division (A) of this section.	18332

(F) A district board may administer ~~any~~the third grade	18333
writing diagnostic assessment provided to the district in	18334
accordance with section 3301.079 of the Revised Code to any	18335
student enrolled in a building that is not subject to division	18336
(A)(1) of this section. Any district electing to administer the	18337
diagnostic ~~assessments~~assessment to students under this division	18338
shall provide intervention services to any such student whose	18339
diagnostic assessment shows unsatisfactory progress toward	18340
attaining the academic standards for the student's grade level.	18341

Sec. 3301.12. (A) The superintendent of public instruction	18342
in addition to the authority otherwise imposed on ~~him~~the	18343
superintendent, shall perform the following duties:	18344

(1) HeThe superintendent shall provide technical and	18345
professional assistance and advice to all school districts in	18346
reference to all aspects of education, including finance,	18347
buildings and equipment, administration, organization of school	18348
districts, curriculum and instruction, transportation of pupils,	18349
personnel problems, and the interpretation of school laws and	18350
state regulations.	18351

(2) HeThe superintendent shall prescribe and require the	18352
preparation and filing of such financial and other reports from	18353
school districts, officers, and employees as are necessary or	18354
proper. HeThe superintendent shall prescribe and require the	18355
installation by school districts of such standardized reporting	18356
forms and accounting procedures as are essential to the	18357
businesslike operations of the public schools of the state.	18358

(3) HeThe superintendent shall conduct such studies and	18359
research projects as are necessary or desirable for the	18360
improvement of public school education in Ohio, and such as may be	18361
assigned to ~~him~~the superintendent by the state board of	18362
education. Such studies and projects may include analysis of data	18363
contained in the education management information system	18364
established under section 3301.0714 of the Revised Code. For any	18365
study or project that requires the analysis of individual student	18366
data, the department of education or any entity with which the	18367
superintendent or department contracts to conduct the study or	18368
project shall maintain the confidentiality of student data at all	18369
times. For this purpose, the department or contracting entity	18370
shall use the data verification code assigned pursuant to division	18371
(D)(2) of section 3301.0714 of the Revised Code for each student	18372
whose data is analyzed. Except as otherwise provided in division	18373
(D)(1) of section 3301.0714 of the Revised Code, at no time shall	18374
the superintendent, the department, the state board of education,	18375
or any entity conducting a study or research project on the	18376
superintendent's behalf have access to a student's name, address,	18377
or social security number while analyzing individual student data.	18378

(4) HeThe superintendent shall prepare and submit annually	18379
to the state board of education a report of the activities of the	18380
department of education and the status, problems, and needs of	18381
education in the state of Ohio.	18382

(5) HeThe superintendent shall supervise all agencies over	18383
which the board exercises administrative control, including	18384
schools for education of handicapped persons.	18385

(B) The superintendent of public instruction may annually	18386
inspect and analyze the expenditures of each school district and	18387
make a determination as to the efficiency of each district's	18388
costs, relative to other school districts in the state, for	18389
instructional, administrative, and student support services. The	18390
superintendent shall notify each school district as to the nature	18391
of, and reasons for, ~~his~~the determination. The state board of	18392
education shall adopt rules in accordance with Chapter 119. of the	18393
Revised Code setting forth the procedures and standards for the	18394
performance of the inspection and analysis.	18395

Sec. 3301.16. Pursuant to standards prescribed by the state	18396
board of education as provided in division (D) of section 3301.07	18397
of the Revised Code, the state board shall classify and charter	18398
school districts and individual schools within each district	18399
except that no charter shall be granted to a nonpublic school	18400
unless pursuant to division (K) of section 3301.0711 of the	18401
Revised Code the school elects to administer the tests prescribed	18402
by division (B) of section 3301.0710 of the Revised Code beginning	18403
July 1, 1995. ~~The~~	18404

In the course of considering the charter of a new school	18405
district created under section 3311.26 or 3311.38 of the Revised	18406
Code, the state board shall require the party proposing creation	18407
of the district to submit to the board a map, certified by the	18408
county auditor of the county in which the proposed new district is	18409
located, showing the boundaries of the proposed new district. In	18410
the case of a proposed new district located in more than one	18411
county, the map shall be certified by the county auditor of each	18412
county in which the proposed district is located.	18413

The state board shall revoke the charter of any school	18414
district or school which fails to meet the standards for	18415
elementary and high schools as prescribed by the board. The state	18416
board shall also revoke the charter of any nonpublic school that	18417
does not comply with section 3313.612 of the Revised Code or, on	18418
or after July 1, 1995, does not participate in the testing program	18419
prescribed by division (B) of section 3301.0710 of the Revised	18420
Code. In	18421

In the issuance and revocation of school district or school	18422
charters, the state board shall be governed by the provisions of	18423
Chapter 119. of the Revised Code.	18424

No school district, or individual school operated by a school	18425
district, shall operate without a charter issued by the state	18426
board under this section.	18427

In case a school district charter is revoked pursuant to this	18428
section, the state board may dissolve the school district and	18429
transfer its territory to one or more adjacent districts. An	18430
equitable division of the funds, property, and indebtedness of the	18431
school district shall be made by the state board among the	18432
receiving districts. The board of education of a receiving	18433
district shall accept such territory pursuant to the order of the	18434
state board. Prior to dissolving the school district, the state	18435
board shall notify the appropriate educational service center	18436
governing board and all adjacent school district boards of	18437
education of its intention to do so. Boards so notified may make	18438
recommendations to the state board regarding the proposed	18439
dissolution and subsequent transfer of territory. Except as	18440
provided in section 3301.161 of the Revised Code, the transfer	18441
ordered by the state board shall become effective on the date	18442
specified by the state board, but the date shall be at least	18443
thirty days following the date of issuance of the order.	18444

A high school is one of higher grade than an elementary	18445
school, in which instruction and training are given in accordance	18446
with sections 3301.07 and 3313.60 of the Revised Code and which	18447
also offers other subjects of study more advanced than those	18448
taught in the elementary schools and such other subjects as may be	18449
approved by the state board of education.	18450

An elementary school is one in which instruction and training	18451
are given in accordance with sections 3301.07 and 3313.60 of the	18452
Revised Code and which offers such other subjects as may be	18453
approved by the state board of education. In districts wherein a	18454
junior high school is maintained, the elementary schools in that	18455
district may be considered to include only the work of the first	18456
six school years inclusive, plus the kindergarten year.	18457

Sec. 3301.311. (A) As used in this section, "preschool	18458
program" and "school child program" have the same meanings as in	18459
section 3301.52 of the Revised Code.	18460

(B) After ~~June 30, 2001~~July 1, 2005, no ~~head start~~preschool	18461
program, school child program, or early learning program, as	18462
defined by the department of education, shall receive any funds	18463
from the state unless fifty per cent of the staff members employed	18464
by that program as teachers are working toward an associate degree	18465
of a type approved by the department ~~of education. After June 30,~~	18466
~~2003, no head start program shall receive any funds from the state~~	18467
~~unless each staff member employed by that program as a teacher is~~	18468
~~working toward an associate degree of a type approved by the~~	18469
~~department of education~~. Beginning in fiscal year 2008, no ~~head~~	18470
~~start~~preschool program, school child program, or early learning	18471
program, shall receive any funds from the state unless every staff	18472
member employed by that program as a teacher has attained such a	18473
degree.	18474

Sec. 3301.32. (A)(1) The chief administrator of any head	18475
start agency shall request the superintendent of the bureau of	18476
criminal identification and investigation to conduct a criminal	18477
records check with respect to any applicant who has applied to the	18478
head start agency for employment as a person responsible for the	18479
care, custody, or control of a child. If the applicant does not	18480
present proof that the applicant has been a resident of this state	18481
for the five-year period immediately prior to the date upon which	18482
the criminal records check is requested or does not provide	18483
evidence that within that five-year period the superintendent has	18484
requested information about the applicant from the federal bureau	18485
of investigation in a criminal records check, the chief	18486
administrator shall request that the superintendent obtain	18487
information from the federal bureau of investigation as a part of	18488
the criminal records check for the applicant. If the applicant	18489
presents proof that the applicant has been a resident of this	18490
state for that five-year period, the chief administrator may	18491
request that the superintendent include information from the	18492
federal bureau of investigation in the criminal records check.	18493

(2) Any person required by division (A)(1) of this section to	18494
request a criminal records check shall provide to each applicant a	18495
copy of the form prescribed pursuant to division (C)(1) of section	18496
109.572 of the Revised Code, provide to each applicant a standard	18497
impression sheet to obtain fingerprint impressions prescribed	18498
pursuant to division (C)(2) of section 109.572 of the Revised	18499
Code, obtain the completed form and impression sheet from each	18500
applicant, and forward the completed form and impression sheet to	18501
the superintendent of the bureau of criminal identification and	18502
investigation at the time the chief administrator requests a	18503
criminal records check pursuant to division (A)(1) of this	18504
section.	18505

(3) Any applicant who receives pursuant to division (A)(2) of	18506
this section a copy of the form prescribed pursuant to division	18507
(C)(1) of section 109.572 of the Revised Code and a copy of an	18508
impression sheet prescribed pursuant to division (C)(2) of that	18509
section and who is requested to complete the form and provide a	18510
set of fingerprint impressions shall complete the form or provide	18511
all the information necessary to complete the form and shall	18512
provide the impression sheets with the impressions of the	18513
applicant's fingerprints. If an applicant, upon request, fails to	18514
provide the information necessary to complete the form or fails to	18515
provide impressions of the applicant's fingerprints, the head	18516
start agency shall not employ that applicant for any position for	18517
which a criminal records check is required by division (A)(1) of	18518
this section.	18519

(B)(1) Except as provided in rules adopted by the director of	18520
job and family services in accordance with division (E) of this	18521
section, no head start agency shall employ a person as a person	18522
responsible for the care, custody, or control of a child if the	18523
person previously has been convicted of or pleaded guilty to any	18524
of the following:	18525

(a) A violation of section 2903.01, 2903.02, 2903.03,	18526
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	18527
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	18528
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	18529
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	18530
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	18531
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	18532
2925.06, or 3716.11 of the Revised Code, a violation of section	18533
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	18534
violation of section 2919.23 of the Revised Code that would have	18535
been a violation of section 2905.04 of the Revised Code as it	18536
existed prior to July 1, 1996, had the violation occurred prior to	18537
that date, a violation of section 2925.11 of the Revised Code that	18538
is not a minor drug possession offense, or felonious sexual	18539
penetration in violation of former section 2907.12 of the Revised	18540
Code;	18541

(b) A violation of an existing or former law of this state,	18542
any other state, or the United States that is substantially	18543
equivalent to any of the offenses or violations described in	18544
division (B)(1)(a) of this section.	18545

(2) A head start agency may employ an applicant conditionally	18546
until the criminal records check required by this section is	18547
completed and the agency receives the results of the criminal	18548
records check. If the results of the criminal records check	18549
indicate that, pursuant to division (B)(1) of this section, the	18550
applicant does not qualify for employment, the agency shall	18551
release the applicant from employment.	18552

(C)(1) Each head start agency shall pay to the bureau of	18553
criminal identification and investigation the fee prescribed	18554
pursuant to division (C)(3) of section 109.572 of the Revised Code	18555
for each criminal records check conducted in accordance with that	18556
section upon the request pursuant to division (A)(1) of this	18557
section of the chief administrator of the head start agency.	18558

(2) A head start agency may charge an applicant a fee for the	18559
costs it incurs in obtaining a criminal records check under this	18560
section. A fee charged under this division shall not exceed the	18561
amount of fees the agency pays under division (C)(1) of this	18562
section. If a fee is charged under this division, the agency shall	18563
notify the applicant at the time of the applicant's initial	18564
application for employment of the amount of the fee and that,	18565
unless the fee is paid, the head start agency will not consider	18566
the applicant for employment.	18567

(D) The report of any criminal records check conducted by the	18568
bureau of criminal identification and investigation in accordance	18569
with section 109.572 of the Revised Code and pursuant to a request	18570
made under division (A)(1) of this section is not a public record	18571
for the purposes of section 149.43 of the Revised Code and shall	18572
not be made available to any person other than the applicant who	18573
is the subject of the criminal records check or the applicant's	18574
representative, the head start agency requesting the criminal	18575
records check or its representative, and any court, hearing	18576
officer, or other necessary individual involved in a case dealing	18577
with the denial of employment to the applicant.	18578

(E) The director of job and family services shall adopt rules	18579
pursuant to Chapter 119. of the Revised Code to implement this	18580
section, including rules specifying circumstances under which a	18581
head start agency may hire a person who has been convicted of an	18582
offense listed in division (B)(1) of this section but who meets	18583
standards in regard to rehabilitation set by the director.	18584

(F) Any person required by division (A)(1) of this section to	18585
request a criminal records check shall inform each person, at the	18586
time of the person's initial application for employment, that the	18587
person is required to provide a set of impressions of the person's	18588
fingerprints and that a criminal records check is required to be	18589
conducted and satisfactorily completed in accordance with section	18590
109.572 of the Revised Code if the person comes under final	18591
consideration for appointment or employment as a precondition to	18592
employment for that position.	18593

(G) As used in this section:

18594

(1) "Applicant" means a person who is under final	18595
consideration for appointment or employment in a position with a	18596
head start agency as a person responsible for the care, custody,	18597
or control of a child.	18598

(2) "Head start agency" ~~has the same meaning as in section~~	18599
~~3301.31 of the Revised Code~~means an entity in this state that has	18600
been approved to be an agency for purposes of the "Head Start	18601
Act," 95 State 489 (1981), 42 U.S.C. 9831, as amended.	18602

(3) "Criminal records check" has the same meaning as in	18603
section 109.572 of the Revised Code.	18604

(4) "Minor drug possession offense" has the same meaning as	18605
in section 2925.01 of the Revised Code.	18606

Sec. 3301.86. The ~~OhioReads~~ classroom reading improvement	18607
grants program is hereby established. ~~The OhioReads council shall~~	18608
~~award grants under the program in accordance with the standards it~~	18609
~~establishes under section 3301.91 of the Revised Code. The~~	18610
~~OhioReads office is the fiscal agent for the program and shall pay~~	18611
~~the grants awarded by the council~~Under the program, the	18612
department of education shall award reading intervention grants to	18613
public schools and classrooms operated by city, local, and	18614
exempted village school districts, by community schools, and by	18615
educational service centers. The grants shall be used to fund the	18616
engagement of volunteers to assist struggling students in grades	18617
kindergarten through twelve improve their reading skills, to	18618
improve reading outcomes in low-performing schools, and to	18619
facilitate closing the achievement gap between students of	18620
different subgroups.	18621

Sec. 3301.88. (A) A recipient of a grant under section	18622
3301.86 ~~or 3301.87~~ of the Revised Code ~~or an entity approved by~~	18623
~~the OhioReads council~~ may request from the bureau of criminal	18624
identification and investigation a criminal records check on any	18625
individual, other than an individual described in division (B) of	18626
this section, who applies to participate in providing directly to	18627
children any program or service ~~through an entity approved by the~~	18628
~~OhioReads council or~~ funded in whole or in part by the grant. If a	18629
recipient ~~or an entity approved by the OhioReads council~~ elects to	18630
request a criminal records check, the request shall consist of a	18631
request for the information a school district board of education	18632
may request under division (F)(2)(a) of section 109.57 of the	18633
Revised Code and shall be accompanied by one of the following	18634
identification options:	18635

(1) The form and standard impression sheet prescribed by the	18636
bureau under division (C) of section 109.572 of the Revised Code;	18637

(2) A form prescribed by the bureau on which is specified the	18638
individual's name, social security number, and date of birth.	18639

(B) A grant recipient ~~or an entity approved by the OhioReads~~	18640
~~council~~ shall not request a criminal records check under division	18641
(A) of this section with respect to any individual who furnishes	18642
the grant recipient ~~or an entity approved by the OhioReads council~~	18643
with a certified copy of a report of a criminal records check	18644
completed by the bureau within one year prior to applying to	18645
participate in providing programs or services ~~through an entity~~	18646
~~approved by the OhioReads council or~~ under ~~an OhioReads~~the grant.	18647

(C) Except as provided in rules adopted under division (G)(2)	18648
of this section, a grant recipient ~~or an entity approved by the~~	18649
~~OhioReads council~~ shall not allow an individual to participate in	18650
providing directly to children any program or service ~~through an~~	18651
~~entity approved by the OhioReads council or~~ funded in whole or in	18652
part by the grant if the information requested under this section	18653
from the bureau indicates that the individual has ever pleaded	18654
guilty to or been found guilty by a jury or court of any of the	18655
following:	18656

(1) A felony;

18657

(2) A violation of section 2903.16, 2903.34, 2905.05,	18658
2907.04, 2907.06, 2907.07, 2907.08, 2907.09, 2907.23, 2907.25,	18659
2907.31, 2919.12, 2919.22, 2919.24, 2925.04, or 3716.11 of the	18660
Revised Code; a violation of section 2905.04 of the Revised Code	18661
as it existed prior to July 1, 1996; or a violation of section	18662
2919.23 of the Revised Code that would have been a violation of	18663
section 2905.04 of the Revised Code as it existed prior to July 1,	18664
1996, had it been committed prior to that date;	18665

(3) An offense of violence;

18666

(4) A theft offense, as defined in section 2913.01 of the	18667
Revised Code;	18668

(5) A drug abuse offense, as defined in section 2925.01 of	18669
the Revised Code;	18670

(6) A violation of an existing or former ordinance of a	18671
municipal corporation or law of the United States or another state	18672
that is substantively comparable to an offense listed in divisions	18673
(C)(1) to (5) of this section.	18674

(D) A grant recipient ~~or an entity approved by the OhioReads~~	18675
~~council~~ that elects to request criminal records checks may	18676
conditionally allow an individual to participate in providing	18677
programs or services directly to children until the criminal	18678
records check is completed and the grant recipient ~~or an entity~~	18679
~~approved by the OhioReads council~~ receives the results. If the	18680
results of the criminal records check indicate that the individual	18681
has been convicted of or pleaded guilty to an offense listed in	18682
division (C) of this section, the grant recipient ~~or an entity~~	18683
~~approved by the OhioReads council~~ shall not allow the individual	18684
to further participate in providing directly to children any	18685
program or service ~~through an entity approved by the OhioReads~~	18686
~~council or~~ funded in whole or in part by the grant, except as	18687
provided in the rules adopted under division (G)(2) of this	18688
section.	18689

(E) The report of any criminal records check conducted in	18690
accordance with division (F)(5) of section 109.57 of the Revised	18691
Code pursuant to a request under this section is not a public	18692
record for purposes of section 149.43 of the Revised Code. The	18693
report shall not be made available to any person other than the	18694
individual who is the subject of the criminal records check or the	18695
individual's representative, the grant recipient or the grant	18696
recipient's representative ~~or an entity approved by the OhioReads~~	18697
~~council~~, and any court, hearing officer, or other necessary	18698
individual in a case dealing with the denial of the individual's	18699
participation in a program or service ~~through an entity approved~~	18700
~~by the OhioReads council or~~ funded by ~~an OhioReads~~a grant awarded	18701
under section 3301.86 of the Revised Code.	18702

(F) The ~~OhioReads office~~department of education shall	18703
reimburse each grant recipient ~~or an entity approved by the~~	18704
~~OhioReads council~~ for each criminal records check the actual	18705
amount paid by the grant recipient ~~or an entity approved by the~~	18706
~~OhioReads council~~ for the portion of the criminal records check	18707
conducted by the bureau of criminal identification and	18708
investigation. Reimbursement shall be paid under this division	18709
only for criminal records checks on individuals who apply to	18710
participate in providing directly to children any program or	18711
service ~~through an entity approved by the OhioReads council or~~	18712
funded in whole or in part by the grant. To receive it, the grant	18713
recipient ~~or an entity approved by the OhioReads council~~ must	18714
submit information to the ~~office~~department in the form and manner	18715
required by the ~~office~~department. The reimbursement is in	18716
addition to the grant awarded to the recipient under section	18717
3301.86 ~~or 3301.87~~ of the Revised Code.	18718

(G) The ~~department~~state board of education shall adopt rules	18719
in accordance with Chapter 119. of the Revised Code:	18720

(1) Prescribing the form and manner in which grant recipients	18721
~~or an entity approved by the OhioReads council~~ must submit	18722
information to the ~~OhioReads office~~department to receive	18723
reimbursement under division (F) of this section;	18724

(2) Specifying circumstances under which a grant recipient or	18725
~~an entity approved by the OhioReads council~~ may allow an	18726
individual whose criminal records check report indicates that the	18727
individual has been convicted of or pleaded guilty to an offense	18728
listed in division (C) of this section, but who meets standards in	18729
regard to rehabilitation set forth in the rules, to participate in	18730
providing directly to children any program or service ~~through an~~	18731
~~entity approved by the OhioReads council or~~ funded in whole or in	18732
part by the grant.	18733

Sec. 3302.03. (A) Annually the department of education shall	18734
report for each school district and each school building in a	18735
district all of the following:	18736

(1) The extent to which the school district or building meets	18737
each of the applicable performance indicators created by the state	18738
board of education under section 3302.02 of the Revised Code and	18739
the number of applicable performance indicators that have been	18740
achieved;	18741

(2) The performance index score of the school district or	18742
building;	18743

(3) Whether the school district or building has made adequate	18744
yearly progress;	18745

(4) Whether the school district or building is excellent,	18746
effective, needs continuous improvement, is under an academic	18747
watch, or is in a state of academic emergency.	18748

(B)(1) A school district or building shall be declared	18749
excellent if it fulfills one of the following requirements:	18750

(a) It makes adequate yearly progress and either meets at	18751
least ninety-four per cent of the applicable state performance	18752
indicators or has a performance index score established by the	18753
department.	18754

(b) It has failed to make adequate yearly progress for not	18755
more than two consecutive years and either meets at least	18756
ninety-four per cent of the applicable state performance	18757
indicators or has a performance index score established by the	18758
department.	18759

(2) A school district or building shall be declared effective	18760
if it fulfills one of the following requirements:	18761

(a) It makes adequate yearly progress and either meets at	18762
least seventy-five per cent but less than ninety-four per cent of	18763
the applicable state performance indicators or has a performance	18764
index score established by the department.	18765

(b) It does not make adequate yearly progress and either	18766
meets at least seventy-five per cent of the applicable state	18767
performance indicators or has a performance index score	18768
established by the department, except that if it does not make	18769
adequate yearly progress for three consecutive years, it shall be	18770
declared in need of continuous improvement.	18771

(3) A school district or building shall be declared to be in	18772
need of continuous improvement if it fulfills one of the following	18773
requirements:	18774

(a) It makes adequate yearly progress, meets less than	18775
seventy-five per cent of the applicable state performance	18776
indicators, and has a performance index score established by the	18777
department.	18778

(b) It does not make adequate yearly progress and either	18779
meets at least fifty per cent but less than seventy-five per cent	18780
of the applicable state performance indicators or has a	18781
performance index score established by the department.	18782

(4) A school district or building shall be declared to be	18783
under an academic watch if it does not make adequate yearly	18784
progress and either meets at least thirty-one per cent but less	18785
than fifty per cent of the applicable state performance indicators	18786
or has a performance index score established by the department.	18787

(5) A school district or building shall be declared to be in	18788
a state of academic emergency if it does not make adequate yearly	18789
progress, does not meet at least thirty-one per cent of the	18790
applicable state performance indicators, and has a performance	18791
index score established by the department.	18792

(C)(1) The department shall issue annual report cards for	18793
each school district, each building within each district, and for	18794
the state as a whole reflecting performance on the indicators	18795
created by the state board under section 3302.02 of the Revised	18796
Code, the performance index score, and adequate yearly progress.	18797

(2) The department shall include on the report card for each	18798
district information pertaining to any change from the previous	18799
year made by the school district or school buildings within the	18800
district on any performance indicator.	18801

(3) When reporting data on student performance, the	18802
department shall disaggregate that data according to the following	18803
categories:	18804

(a) Performance of students by age group;

18805

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

18806

18807

(d) Performance of students grouped by those who have been	18808
enrolled in a district or school for three or more years;	18809

(e) Performance of students grouped by those who have been	18810
enrolled in a district or school for more than one year and less	18811
than three years;	18812

(f) Performance of students grouped by those who have been	18813
enrolled in a district or school for one year or less;	18814

(g) Performance of students grouped by those who are	18815
economically disadvantaged;	18816

(h) Performance of students grouped by those who are enrolled	18817
in a conversion community school established under Chapter 3314.	18818
of the Revised Code;	18819

(i) Performance of students grouped by those who are	18820
classified as limited English proficient;	18821

(j) Performance of students grouped by those who have	18822
disabilities;	18823

(k) Performance of students grouped by those who are	18824
classified as migrants;	18825

(l) Performance of students grouped by those who are	18826
identified as gifted pursuant to Chapter 3324. of the Revised	18827
Code.	18828

The department may disaggregate data on student performance	18829
according to other categories that the department determines are	18830
appropriate. To the extent possible, the department shall	18831
disaggregate data on student performance according to any	18832
combinations of two or more of the categories listed in divisions	18833
(C)(3)(a) to (l) of this section that it deems relevant.	18834

In reporting data pursuant to division (C)(3) of this	18835
section, the department shall not include in the report cards any	18836
data statistical in nature that is statistically unreliable or	18837
that could result in the identification of individual students.	18838
For this purpose, the department shall not report student	18839
performance data for any group identified in division (C)(3) of	18840
this section that contains less than ten students.	18841

(4) The department may include with the report cards any	18842
additional education and fiscal performance data it deems	18843
valuable.	18844

(5) The department shall include on each report card a list	18845
of additional information collected by the department that is	18846
available regarding the district or building for which the report	18847
card is issued. When available, such additional information shall	18848
include student mobility data disaggregated by race and	18849
socioeconomic status, college enrollment data, and the reports	18850
prepared under section 3302.031 of the Revised Code.	18851

The department shall maintain a site on the world wide web.	18852
The report card shall include the address of the site and shall	18853
specify that such additional information is available to the	18854
public at that site. The department shall also provide a copy of	18855
each item on the list to the superintendent of each school	18856
district. The district superintendent shall provide a copy of any	18857
item on the list to anyone who requests it.	18858

(6) ~~For~~This division does not apply to conversion community	18859
schools that primarily enroll students between sixteen and	18860
twenty-two years of age who dropped out of high school or are at	18861
risk of dropping out of high school due to poor attendance,	18862
disciplinary problems, or suspensions.	18863

For any district that sponsors a conversion community school	18864
under Chapter 3314. of the Revised Code, the department shall	18865
combine data regarding the academic performance of students	18866
enrolled in the community school with comparable data from the	18867
schools of the district for the purpose of calculating the	18868
performance of the district as a whole on the report card issued	18869
for the district.	18870

(7) The department shall include on each report card the	18871
percentage of teachers in the district or building who are highly	18872
qualified, as defined by the "No Child Left Behind Act of 2001,"	18873
and a comparison of that percentage with the percentages of such	18874
teachers in similar districts and buildings.	18875

(8) The department shall include on the report card the	18876
number of master teachers employed by each district and each	18877
building once the data is available from the education management	18878
information system established under section 3301.0714 of the	18879
Revised Code.	18880

(D)(1) In calculating reading, writing, mathematics, social	18881
studies, or science proficiency or achievement test passage rates	18882
used to determine school district or building performance under	18883
this section, the department shall include all students taking a	18884
test with accommodation or to whom an alternate assessment is	18885
administered pursuant to division (C)(1) or (3) of section	18886
3301.0711 of the Revised Code.	18887

(2) In calculating performance index scores, rates of	18888
achievement on the performance indicators established by the state	18889
board under section 3302.02 of the Revised Code, and adequate	18890
yearly progress for school districts and buildings under this	18891
section, the department shall do all of the following:	18892

(a) Include for each district or building only those students	18893
who are included in the ADM certified for the first full school	18894
week of October and are continuously enrolled in the district or	18895
building through the time of the spring administration of any test	18896
prescribed by section 3301.0710 of the Revised Code that is	18897
administered to the student's grade level;	18898

(b) Include cumulative totals from both the fall and spring	18899
administrations of the third grade reading achievement test;	18900

(c) Except as required by the "No Child Left Behind Act of	18901
2001" for the calculation of adequate yearly progress, exclude for	18902
each district or building any limited English proficient student	18903
who has been enrolled in United States schools for less than one	18904
full school year.	18905

Sec. 3302.10. (A) Beginning July 1, 2007, the superintendent	18906
of public instruction shall establish an academic distress	18907
commission for each school district that has been declared to be	18908
in a state of academic emergency pursuant to section 3302.03 of	18909
the Revised Code and has failed to make adequate yearly progress	18910
for four or more consecutive school years. Each commission shall	18911
assist the district for which it was established in improving the	18912
district's academic performance.	18913

(B) Each academic distress commission shall consist of five	18914
voting members, three of whom shall be appointed by the	18915
superintendent of public instruction and two of whom shall be	18916
appointed by the president of the board of education of the	18917
applicable school district.	18918

(C) Each academic distress commission shall seek input from	18919
the district board of education regarding ways to improve the	18920
district's academic performance, but any decision of the	18921
commission related to any authority granted to the commission	18922
under this section shall be final.	18923

The commission may do any of the following:

18924

(1) Appoint school building administrators and reassign	18925
administrative personnel;	18926

(2) Terminate the contracts of administrators or	18927
administrative personnel. The commission shall not be required to	18928
comply with section 3319.16 of the Revised Code with respect to	18929
any contract terminated under this division.	18930

(3) Contract with a private entity to perform school or	18931
district management functions;	18932

(4) Establish a budget for the district and approve district	18933
expenditures, unless a financial planning and supervision	18934
commission has been established for the district pursuant to	18935
section 3316.05 of the Revised Code.	18936

(D) If the board of education of a district for which an	18937
academic distress commission has been established under this	18938
section renews any collective bargaining agreement under Chapter	18939
4117. of the Revised Code during the existence of the commission,	18940
the district board shall not enter into any agreement that would	18941
render any decision of the commission unenforceable. Section	18942
3302.08 of the Revised Code does not apply to this division.	18943

(E) An academic distress commission shall cease to exist when	18944
the district for which it was established receives a performance	18945
rating under section 3302.03 of the Revised Code of in need of	18946
continuous improvement or better for two out of three school	18947
years; however, the superintendent of public instruction may	18948
dissolve the commission earlier if the superintendent determines	18949
that the district can perform adequately without the supervision	18950
of the commission.	18951

Sec. 3310.01. As used in sections 3310.01 to 3310.17 of the	18952
Revised Code:	18953

(A) An "eligible student" is a student who satisfies the	18954
conditions specified in section 3310.03 of the Revised Code.	18955

(B) "Parent" has the same meaning as in section 3313.98 of	18956
the Revised Code.	18957

(C) "Resident district" means the school district in which a	18958
student is entitled to attend school under section 3313.64 or	18959
3313.65 of the Revised Code.	18960

(D) "School year" has the same meaning as in section 3313.62	18961
of the Revised Code.	18962

Sec. 3310.02. The educational choice scholarship pilot	18963
program is hereby established. Under the program, the department	18964
of education annually shall pay scholarships to attend chartered	18965
nonpublic schools in accordance with section 3310.08 of the	18966
Revised Code for up to the number of eligible students prescribed	18967
by the general assembly. If the number of students who apply for a	18968
scholarship exceeds the number prescribed by the general assembly,	18969
the department first shall award scholarships to eligible students	18970
who received scholarships in the prior school year, and then shall	18971
give priority to eligible students with family incomes at or below	18972
two hundred per cent of the federal poverty guidelines, as defined	18973
in section 5101.46 of the Revised Code. After awarding	18974
scholarships to previous recipients and to low-income eligible	18975
students, the department shall select students by lot to receive	18976
any remaining scholarships.	18977

Sec. 3310.03. (A) A student is an "eligible student" for	18978
purposes of the educational choice scholarship pilot program if	18979
the student satisfies both of the following conditions:	18980

(1) The student either:

18981

(a) Is enrolled in a school building that is operated by the	18982
student's resident district and that the department of education	18983
declared, in the most recent rating of school buildings published	18984
prior to the first day of July of the school year for which a	18985
scholarship is sought and in the two preceding school years, to be	18986
in a state of academic emergency under section 3302.03 of the	18987
Revised Code;	18988

(b) Is eligible to enroll in kindergarten in the school year	18989
for which a scholarship is sought and otherwise would be assigned	18990
under section 3319.01 of the Revised Code to a school building	18991
described in division (A)(1)(a) of this section;	18992

(c) Is enrolled in a community school established under	18993
Chapter 3314. of the Revised Code but otherwise would be assigned	18994
under section 3319.01 of the Revised Code to a building described	18995
in division (A)(1)(a) of this section.	18996

(2) The student's resident district is not a school district	18997
in which the pilot project scholarship program is operating under	18998
sections 3313.974 to 3313.979 of the Revised Code.	18999

(B) A student who receives a scholarship under the	19000
educational choice scholarship pilot program remains an eligible	19001
student and may continue to receive scholarships in subsequent	19002
school years until the student completes grade twelve, so long as	19003
both of the following apply:	19004

(1) The student takes each state test prescribed for the	19005
student's grade level under section 3301.0710 or 3301.0712 of the	19006
Revised Code while enrolled in a chartered nonpublic school;	19007

(2) In each school year that the student is enrolled in a	19008
chartered nonpublic school, the student is absent from school for	19009
not more than twenty days that the school is open for instruction,	19010
not including absences due to illness or injury confirmed in	19011
writing by a physician.	19012

(C) The superintendent shall cease awarding first-time	19013
scholarships with respect to a school building that, in the most	19014
recent ratings of school buildings published under section 3302.03	19015
of the Revised Code prior to the first day of July of the school	19016
year, ceases to be in a state of academic emergency. However,	19017
students who have received scholarships in the prior school year	19018
remain eligible students pursuant to division (B) of this section.	19019

Sec. 3310.04. Any eligible student who is enrolled in a	19020
chartered nonpublic school and for whom a scholarship under the	19021
educational choice scholarship pilot program has been awarded	19022
shall be entitled to transportation to and from the chartered	19023
nonpublic school by the student's resident district in the manner	19024
prescribed in section 3327.01 of the Revised Code.	19025

Sec. 3310.05. A scholarship under the educational choice	19026
scholarship pilot program is not available for any student whose	19027
resident district is a school district in which the pilot project	19028
scholarship program is operating under sections 3313.974 to	19029
3313.979 of the Revised Code. The two pilot programs are separate	19030
and distinct. The general assembly has prescribed separate	19031
scholarship amounts for the two pilot programs in recognition of	19032
their differing eligibility criteria. The pilot project	19033
scholarship program operating under sections 3313.974 to 3313.979	19034
of the Revised Code is a district-wide program that may award	19035
scholarships to students who do not attend district schools that	19036
face academic challenges, whereas the educational choice	19037
scholarship pilot program established under sections 3310.01 to	19038
3310.17 of the Revised Code is limited to students of individual	19039
district school buildings that face academic challenges.	19040

Sec. 3310.06. It is the policy adopted by the general	19041
assembly that the educational choice scholarship pilot program	19042
shall be construed as one of several educational options available	19043
for students enrolled in academic emergency school buildings.	19044
Students may be enrolled in the schools of the student's resident	19045
district, in a community school established under Chapter 3314. of	19046
the Revised Code, in the schools of another school district	19047
pursuant to an open enrollment policy adopted under section	19048
3313.98 of the Revised Code, in a chartered nonpublic school with	19049
or without a scholarship under the educational choice scholarship	19050
pilot program, or in other schools as the law may provide.	19051

Sec. 3310.07. Any parent, or any student who is at least	19052
eighteen years of age, who is seeking a scholarship under the	19053
educational choice scholarship pilot program shall notify the	19054
department of education of the student's and parent's names and	19055
address, the chartered nonpublic school in which the student has	19056
been accepted for enrollment, and the tuition charged by the	19057
school.	19058

Sec. 3310.08. (A) The amount paid for an eligible student	19059
under the educational choice scholarship pilot program shall be	19060
the lesser of the tuition of the chartered nonpublic school in	19061
which the student is enrolled or the maximum amount prescribed in	19062
section 3310.09 of the Revised Code.	19063

(B)(1) The department shall pay to the parent of each	19064
eligible student for whom a scholarship is awarded under the	19065
program, or to the student if at least eighteen years of age,	19066
periodic partial payments of the scholarship.	19067

(2) The department shall proportionately reduce or terminate	19068
the payments for any student who withdraws from a chartered	19069
nonpublic school prior to the end of the school year.	19070

(C)(1) The department shall deduct from the payments made to	19071
each school district under Chapter 3317. and, if necessary,	19072
sections 321.24 and 323.156 of the Revised Code the amount of five	19073
thousand two hundred dollars for each eligible student awarded a	19074
scholarship under the educational choice scholarship pilot program	19075
who is entitled under section 3313.64 or 3313.65 of the Revised	19076
Code to attend school in the district.	19077

(2) If the department reduces or terminates payments to a	19078
parent or a student, as prescribed in division (B)(2) of this	19079
section, and the student re-enrolls in the schools of the	19080
student's resident district before the end of the school year, the	19081
department shall proportionally restore to the resident district	19082
the amount deducted for that student under division (C)(1) of this	19083
section.	19084

(D) In the case of any school district from which a deduction	19085
is made under division (C) of this section, the department shall	19086
disclose on the district's SF-3 form, or any successor to that	19087
form used to calculate a district's state funding for operating	19088
expenses, a comparison of the following:	19089

(1) The district's state base-cost payment, as calculated	19090
under division (A)(1) of section 3317.022 of the Revised Code	19091
prior to making the adjustments under divisions (A)(2) and (3) of	19092
that section, with the scholarship students included in the	19093
district's formula ADM;	19094

(2) What the district's state base-cost payment would have	19095
been, as calculated under division (A)(1) of that section prior to	19096
making the adjustments under divisions (A)(2) and (3) of that	19097
section, if the scholarship students were not included in the	19098
district's formula ADM.	19099

This comparison shall display both the aggregate difference	19100
between the amounts described in divisions (D)(1) and (2) of this	19101
section, and the quotient of that aggregate difference divided by	19102
the number of eligible students for whom deductions are made under	19103
division (C) of this section.	19104

Sec. 3310.09. (A) The maximum amount awarded to an eligible	19105
student in fiscal year 2007 under the educational choice	19106
scholarship pilot program shall be as follows:	19107

(1) For grades kindergarten through eight, four thousand two	19108
hundred fifty dollars;	19109

(2) For grades nine through twelve, five thousand dollars.

19111

(B) In fiscal year 2008 and in each fiscal year thereafter,	19112
the maximum amount awarded under the program shall be the	19113
applicable maximum amount awarded in the previous fiscal year	19114
increased by the same percentage by which the general assembly	19115
increased the formula amount, as defined in section 3317.02 of the	19116
Revised Code, from the previous fiscal year.	19117

Sec. 3310.10. A scholarship awarded under section 3310.08 of	19118
the Revised Code may be used only to pay tuition to any chartered	19119
nonpublic school.	19120

Sec. 3310.13. (A) No chartered nonpublic school shall charge	19121
any student whose family income is at or below two hundred per	19122
cent of the federal poverty guidelines, as defined in section	19123
5101.46 of the Revised Code, a tuition fee that is greater than	19124
the total amount paid for that student under section 3310.08 of	19125
the Revised Code.	19126

(B) A chartered nonpublic school may charge any other student	19127
who is paid a scholarship under that section the difference	19128
between the amount of the scholarship and the regular tuition	19129
charge of the school. Each chartered nonpublic school shall permit	19130
such an eligible student's family, at the family's option, to	19131
provide volunteer services in lieu of cash payment to pay all or	19132
part of the amount of the school's tuition not covered by the	19133
scholarship paid under section 3310.08 of the Revised Code.	19134

Sec. 3310.14. Notwithstanding division (K) of section	19135
3301.0711 of the Revised Code, each chartered nonpublic school	19136
that enrolls students awarded scholarships under sections 3310.01	19137
to 3310.17 of the Revised Code annually shall administer the tests	19138
prescribed by section 3301.0710 or 3301.0712 of the Revised Code	19139
to each scholarship student in accordance with section 3301.0711	19140
of the Revised Code. Each chartered nonpublic school shall report	19141
to the department of education the results of each test	19142
administered to each scholarship student under this section.	19143

Nothing in this section requires a chartered nonpublic school	19144
to administer any achievement test, except for an Ohio graduation	19145
test prescribed by division (B) of section 3301.0710 of the	19146
Revised Code, as required by section 3313.612 of the Revised Code,	19147
to any student enrolled in the school who is not a scholarship	19148
student.	19149

Sec. 3310.16. (A) The state board of education shall adopt	19150
rules in accordance with Chapter 119. of the Revised Code	19151
prescribing procedures for the administration of the educational	19152
choice scholarship pilot program.	19153

(B) The state board and the department of education shall not	19154
require chartered nonpublic schools to comply with any education	19155
laws or rules or other requirements that are not specified in	19156
sections 3310.01 to 3310.17 of the Revised Code and that otherwise	19157
would not apply to a chartered nonpublic school.	19158

Sec. 3310.17. The general assembly shall prescribe the number	19159
of students that may be selected each fiscal year for scholarships	19160
under the educational choice scholarship pilot program.	19161

Sec. 3311.059. The procedure prescribed in this section may	19162
be used in lieu of a transfer prescribed under section 3311.231 of	19163
the Revised Code.	19164

(A) Subject to divisions (B) and (C) of this section, a board	19165
of education of a local school district may by a resolution	19166
approved by a majority of all its members propose to sever that	19167
local school district from the territory of the educational	19168
service center in which the local school district is currently	19169
included and to instead annex the local school district to the	19170
territory of another educational service center, the current	19171
territory of which is adjacent to the territory of the educational	19172
service center in which the local school district is currently	19173
included. The resolution shall promptly be filed with the	19174
governing board of each educational service center affected by the	19175
resolution and with the superintendent of public instruction.	19176

(B) ~~The resolution adopted under division (A) of this section~~	19177
~~shall not be effective unless it is approved by the state board of~~	19178
~~education. In deciding whether to approve the resolution, the~~	19179
~~state board shall consider the impact of an annexation on both the~~	19180
~~school district and the educational service center to which the~~	19181
~~district is proposed to be annexed, including the ability of that~~	19182
~~service center to deliver services in a cost-effective and~~	19183
~~efficient manner.~~ The severance of the local school district from	19184
one educational service center and its annexation to another	19185
educational service center under this section shall not be	19186
effective until one year after the first day of July following the	19187
later of the date that the ~~state board of education approves the~~	19188
resolution is filed pursuant to division (A) of this section or	19189
the date the board of elections certifies the results of the	19190
referendum election as provided in division (C) of this section.	19191

(C) Within sixty days following the date of the adoption of	19192
the resolution under division (A) of this section, the electors of	19193
the local school district may petition for a referendum vote on	19194
the resolution. The question whether to approve or disapprove the	19195
resolution shall be submitted to the electors of such school	19196
district if a number of qualified electors equal to twenty per	19197
cent of the number of electors in the school district who voted	19198
for the office of governor at the most recent general election for	19199
that office sign a petition asking that the question of whether	19200
the resolution shall be disapproved be submitted to the electors.	19201
The petition shall be filed with the board of elections of the	19202
county in which the school district is located. If the school	19203
district is located in more than one county, the petition shall be	19204
filed with the board of elections of the county in which the	19205
majority of the territory of the school district is located. The	19206
board shall certify the validity and sufficiency of the signatures	19207
on the petition.	19208

The board of elections shall immediately notify the board of	19209
education of the local school district and the governing board of	19210
each educational service center affected by the resolution that	19211
the petition has been filed.	19212

The effect of the resolution shall be stayed until the board	19213
of elections certifies the validity and sufficiency of the	19214
signatures on the petition. If the board of elections determines	19215
that the petition does not contain a sufficient number of valid	19216
signatures and sixty days have passed since the adoption of the	19217
resolution, the resolution shall become effective as provided in	19218
division (B) of this section.	19219

If the board of elections certifies that the petition	19220
contains a sufficient number of valid signatures, the board shall	19221
submit the question to the qualified electors of the school	19222
district on the day of the next general or primary election held	19223
at least seventy-five days after the board of elections certifies	19224
the validity and sufficiency of signatures on the petition. The	19225
election shall be conducted and canvassed and the results shall be	19226
certified in the same manner as in regular elections for the	19227
election of members of a board of education.	19228

If a majority of the electors voting on the question	19229
disapprove the resolution, the resolution shall not become	19230
effective. If a majority of the electors voting on the question	19231
approve the resolution, the resolution shall become effective as	19232
provided in division (B) of this section.	19233

(D) Upon the effective date of the severance of the local	19234
school district from one educational service center and its	19235
annexation to another educational service center as provided in	19236
division (B) of this section, the governing board of each	19237
educational service center shall take such steps for the election	19238
of members of the governing board and for organization of the	19239
governing board as prescribed in Chapter 3313. of the Revised	19240
Code.	19241

(E) If a school district is severed from one educational	19242
service center and annexed to another service center under this	19243
section, the board of education of that school district shall not	19244
propose a subsequent severance and annexation action under this	19245
section that would be effective sooner than five years after the	19246
effective date of the next previous severance and annexation	19247
action under this section.	19248

Sec. 3313.207. As used in sections 3313.207 to 3313.209 of	19249
the Revised Code:	19250

(A) "Children" means children who are enrolled in	19251
kindergarten or who are of compulsory school age.	19252

(B) "Latchkey program" means a program under which children	19253
are provided with child care during a fiscal year at any time	19254
outside of regular school hours. A program that contains any	19255
religious content, that uses any religious materials, or that in	19256
any way promotes or furthers any religious beliefs is not a	19257
latchkey program.	19258

(C) ~~"School district" means a city, local, or exempted~~	19259
~~village school district.~~	19260

~~(D)~~ "Program provider" means any agency, organization, or	19261
individual, licensed under Chapter 5104. of the Revised Code or	19262
exempted from the licensing requirements of that chapter.	19263

~~(E)~~(D) "Ancillary services" means any of the following:

19264

(1) Space in a building that is owned or controlled by a	19265
school district and that is used for other school district	19266
purposes in addition to latchkey programs;	19267

(2) Utilities furnished in conjunction with such space;

19268

(3) Transportation to a latchkey program on regular school	19269
buses.	19270

Sec. 3313.208. A board of education of a school district or	19271
the governing board of an educational service center may assess	19272
the need for latchkey programs in its district or territory and	19273
determine the best and most efficient manner of providing latchkey	19274
programs to children residing in the district or territory. Prior	19275
to operating any latchkey program, making any payments, or	19276
providing any employees or ancillary services under sections	19277
3313.207 to 3313.209 of the Revised Code, a board ~~of education~~	19278
shall provide notification to parents and other interested parties	19279
that the board is considering ~~district~~ participation in the	19280
provision of latchkey programs and shall adopt a policy ensuring	19281
public input on the board's decision whether or not to	19282
participate, as well as any decisions concerning the district's or	19283
service center's role in the implementation and funding of any	19284
latchkey programs if the board does decide to participate. The	19285
policy shall also include provision for regular, periodic public	19286
input in the evaluation of any school district or service center	19287
participation in the provision of latchkey programs.	19288

A board ~~of education~~ may ~~operate~~provide a latchkey program,	19289
subject to the following limitations:	19290

(A) The program shall be maintained and operated and pupils	19291
shall be admitted pursuant to rules adopted by the board;	19292

(B) Fees or tuition, in amounts determined by the board, may	19293
be charged for participation in the program and shall be deposited	19294
in a special fund;	19295

~~(C) The board shall not expend any money from the general~~	19296
~~fund of the district for the program, except as follows:~~	19297

~~(1) The board may expend any money in the district's general~~	19298
~~fund resulting from an appropriation of the general assembly that~~	19299
~~specifically permits the expenditure of such appropriated funds~~	19300
~~for such a program.~~	19301

~~(2) The board may provide ancillary services for the program~~	19302
~~notwithstanding the fact that some portions of such services may~~	19303
~~be supported by money from the district's general fund~~.	19304

Sec. 3313.209. (A) A board of education of a school district	19305
that does not ~~operate~~provide a latchkey program may provide	19306
ancillary services to and may make payments to any program	19307
provider that operates a latchkey program that enrolls one or more	19308
children who are residents of the school district.	19309

(B) A board of education of a school district that does not	19310
~~operate~~provide a latchkey program and that does not make payments	19311
under division (A) of this section may furnish to any person or	19312
entity that operates a latchkey program ancillary services or	19313
employees for use solely in conjunction with the program's	19314
operation.	19315

(C) ~~No board of education shall expend any money from the~~	19316
~~general fund of the district pursuant to division (A) or (B) of~~	19317
~~this section, except as follows:~~	19318

~~(1) The board may expend any money in the district's general~~	19319
~~fund resulting from an approrpriation of the general assembly that~~	19320
~~specifically permits the expenditure of such appropriated funds~~	19321
~~for latchkey programs.~~	19322

~~(2) The board may provide ancillary services pursuant to~~	19323
~~division (A) or (B) of this section notwithstanding the fact that~~	19324
~~some portion of such services may be supported by money from the~~	19325
~~district's general fund.~~	19326

~~(D)~~ A board of education shall enter into a contract with a	19327
program provider as a condition for making any payments or	19328
furnishing any ancillary services or employees authorized by	19329
division (A) or (B) of this section.	19330

Sec. 3313.489. (A) The superintendent of public instruction	19331
shall examine each ~~spending plan and appropriations measure~~	19332
five-year projection of revenues and expenditures submitted under	19333
section 5705.391 of the Revised Code and shall determine whether	19334
the information contained therein, together with any other	19335
relevant information, indicates that the district may be	19336
financially unable to operate its instructional program on all	19337
days set forth in its adopted school calendars and pay all	19338
obligated expenses during the current fiscal year. If a board of	19339
education has not adopted a school calendar for the school year	19340
beginning on the first day of July of the current fiscal year at	19341
the time an examination is required under this division, the	19342
superintendent shall examine the ~~spending plan and appropriations~~	19343
~~measure~~five-year projection and determine whether the district	19344
may be financially unable to pay all obligated expenses and	19345
operate its instructional program for the number of days on which	19346
instruction was held in the preceding fiscal year.	19347

(B) If the superintendent of public instruction determines	19348
pursuant to division (A) of this section that a school district	19349
may be financially unable to operate its instructional program on	19350
all days required by such division and pay all obligated expenses	19351
during the current fiscal year, the superintendent shall provide	19352
written notification of such determination to the president of the	19353
district's board of education and the auditor of state.	19354

(C) This section does not apply to a school district declared	19355
to be under a fiscal emergency pursuant to division (B) of section	19356
3316.03 of the Revised Code.	19357

Sec. 3313.975. As used in this section and in sections	19358
3313.975 to 3313.979 of the Revised Code, "the pilot project	19359
school district" or "the district" means any school district	19360
included in the pilot project scholarship program pursuant to this	19361
section.	19362

(A) The superintendent of public instruction shall establish	19363
a pilot project scholarship program and shall include in such	19364
program any school districts that are or have ever been under	19365
federal court order requiring supervision and operational	19366
management of the district by the state superintendent. The	19367
program shall provide for a number of students residing in any	19368
such district to receive scholarships to attend alternative	19369
schools, and for an equal number of students to receive tutorial	19370
assistance grants while attending public school in any such	19371
district.	19372

(B) The state superintendent shall establish an application	19373
process and deadline for accepting applications from students	19374
residing in the district to participate in the scholarship	19375
program. In the initial year of the program students may only use	19376
a scholarship to attend school in grades kindergarten through	19377
third.	19378

The state superintendent shall award as many scholarships and	19379
tutorial assistance grants as can be funded given the amount	19380
appropriated for the program. In no case, however, shall more than	19381
fifty per cent of all scholarships awarded be used by students who	19382
were enrolled in a nonpublic school during the school year of	19383
application for a scholarship.	19384

(C)(1) The pilot project program shall continue in effect	19385
each year that the general assembly has appropriated sufficient	19386
money to fund scholarships and tutorial assistance grants. In each	19387
year the program continues, no new students may receive	19388
scholarships unless they are enrolled in ~~grade~~grades	19389
kindergarten~~, one, two, or three~~to eight. However, any student	19390
who has received a scholarship the preceding year may continue to	19391
receive one until the student has completed grade ~~eight~~ten.	19392
Beginning in the ~~2003-2004~~2005-2006 academic year, a student who	19393
previously has received a scholarship may receive a scholarship in	19394
grade ~~nine~~eleven. Beginning in the ~~2004-2005~~2006-2007 academic	19395
year, a student who previously has received a scholarship may	19396
receive a scholarship in grade ~~ten~~twelve.	19397

(2) If the general assembly discontinues the scholarship	19398
program, all students who are attending an alternative school	19399
under the pilot project shall be entitled to continued admittance	19400
to that specific school through all grades ~~up to the tenth grade~~	19401
that are provided in such school, under the same conditions as	19402
when they were participating in the pilot project. The state	19403
superintendent shall continue to make scholarship payments in	19404
accordance with division (A) or (B) of section 3313.979 of the	19405
Revised Code for students who remain enrolled in an alternative	19406
school under this provision in any year that funds have been	19407
appropriated for this purpose.	19408

If funds are not appropriated, the tuition charged to the	19409
parents of a student who remains enrolled in an alternative school	19410
under this provision shall not be increased beyond the amount	19411
equal to the amount of the scholarship plus any additional amount	19412
charged that student's parent in the most recent year of	19413
attendance as a participant in the pilot project, except that	19414
tuition for all the students enrolled in such school may be	19415
increased by the same percentage.	19416

(D) Notwithstanding sections 124.39, 3307.54, and 3319.17 of	19417
the Revised Code, if the pilot project school district experiences	19418
a decrease in enrollment due to participation in a state-sponsored	19419
scholarship program pursuant to sections 3313.974 to 3313.979 of	19420
the Revised Code, the district board of education may enter into	19421
an agreement with any teacher it employs to provide to that	19422
teacher severance pay or early retirement incentives, or both, if	19423
the teacher agrees to terminate the employment contract with the	19424
district board, provided any collective bargaining agreement in	19425
force pursuant to Chapter 4117. of the Revised Code does not	19426
prohibit such an agreement for termination of a teacher's	19427
employment contract.	19428

Sec. 3313.976. (A) No private school may receive scholarship	19429
payments from parents pursuant to section 3313.979 of the Revised	19430
Code until the chief administrator of the private school registers	19431
the school with the superintendent of public instruction. The	19432
state superintendent shall register any school that meets the	19433
following requirements:	19434

(1) The school is located within the boundaries of the pilot	19435
project school district;	19436

(2) The school indicates in writing its commitment to follow	19437
all requirements for a state-sponsored scholarship program	19438
specified under sections 3313.974 to 3313.979 of the Revised Code,	19439
including, but not limited to, the requirements for admitting	19440
students pursuant to section 3313.977 of the Revised Code;	19441

(3) The school meets all state minimum standards for	19442
chartered nonpublic schools in effect on July 1, 1992, except that	19443
the state superintendent at the superintendent's discretion may	19444
register nonchartered nonpublic schools meeting the other	19445
requirements of this division;	19446

(4) The school does not discriminate on the basis of race,	19447
religion, or ethnic background;	19448

(5) The school enrolls a minimum of ten students per class or	19449
a sum of at least twenty-five students in all the classes offered;	19450

(6) The school does not advocate or foster unlawful behavior	19451
or teach hatred of any person or group on the basis of race,	19452
ethnicity, national origin, or religion;	19453

(7) The school does not provide false or misleading	19454
information about the school to parents, students, or the general	19455
public;	19456

(8) For students in grades kindergarten through eight, the	19457
school agrees not to charge any tuition to low-income families	19458
receiving ninety per cent of the scholarship amount through the	19459
scholarship program, pursuant to division (A) of section 3313.978	19460
of the Revised Code, in excess of ten per cent of the scholarship	19461
amount established pursuant to division (C)(1) of section 3313.978	19462
of the Revised Code, excluding any increase described in division	19463
(C)(2) of that section. The school shall permit any such tuition,	19464
at the discretion of the parent, to be satisfied by the low-income	19465
family's provision of in-kind contributions or services.	19466

(9) For students in grades kindergarten through eight, the	19467
school agrees not to charge any tuition to low-income families	19468
receiving a seventy-five per cent scholarship amount through the	19469
scholarship program, pursuant to division (A) of section 3313.978	19470
of the Revised Code, in excess of the difference between the	19471
actual tuition charge of the school and seventy-five per cent of	19472
the scholarship amount established pursuant to division (C)(1) of	19473
section 3313.978 of the Revised Code, excluding any increase	19474
described in division (C)(2) of that section. The school shall	19475
permit such tuition, at the discretion of the parent, to be	19476
satisfied by the low-income family's provision of in-kind	19477
contributions or services.	19478

(10) The school agrees not to charge any tuition to families	19479
of students in grades nine ~~and ten~~through twelve receiving a	19480
scholarship in excess of the actual tuition charge of the school	19481
less seventy-five or ninety per cent of the scholarship amount	19482
established pursuant to division (C)(1) of section 3313.978 of the	19483
Revised Code, as applicable, excluding any increase described in	19484
division (C)(2) of that section.	19485

(B) The state superintendent shall revoke the registration of	19486
any school if, after a hearing, the superintendent determines that	19487
the school is in violation of any of the provisions of division	19488
(A) of this section.	19489

(C) Any public school located in a school district adjacent	19490
to the pilot project district may receive scholarship payments on	19491
behalf of parents pursuant to section 3313.979 of the Revised Code	19492
if the superintendent of the district in which such public school	19493
is located notifies the state superintendent prior to the first	19494
day of March that the district intends to admit students from the	19495
pilot project district for the ensuing school year pursuant to	19496
section 3327.06 of the Revised Code.	19497

(D) Any parent wishing to purchase tutorial assistance from	19498
any person or governmental entity pursuant to the pilot project	19499
program under sections 3313.974 to 3313.979 of the Revised Code	19500
shall apply to the state superintendent. The state superintendent	19501
shall approve providers who appear to possess the capability of	19502
furnishing the instructional services they are offering to	19503
provide.	19504

Sec. 3313.977. (A)(1) Each registered private school shall	19505
admit students to kindergarten and first, second, and third grades	19506
in accordance with the following priorities:	19507

(a) Students who were enrolled in the school during the	19508
preceding year;	19509

(b) Siblings of students enrolled in the school during the	19510
preceding year, at the discretion of the school;	19511

(c) Children from low-income families attending school or	19512
residing in the school district in which the school is located	19513
until the number of such students in each grade equals the number	19514
that constituted twenty per cent of the total number of students	19515
enrolled in the school during the preceding year in such grade.	19516
Admission of such twenty per cent shall be by lot from among all	19517
low-income family applicants who apply prior to the fifteenth day	19518
of February prior to admission.	19519

(d) All other applicants residing anywhere, provided that all	19520
remaining available spaces shall be filled from among such	19521
applicants by lot.	19522

Children from low-income families not selected by lot under	19523
division (A)(1)(c) of this section shall be included in the	19524
lottery of all remaining applicants pursuant to division (A)(1)(d)	19525
of this section.	19526

(2) Each registered private school shall first admit to	19527
grades four through ~~ten~~twelve students who were enrolled in the	19528
school during the preceding year. Any remaining spaces for	19529
students in these grades may be filled as determined by the	19530
school.	19531

(B) Notwithstanding division (A) of this section, except	19532
where otherwise prohibited by federal law, a registered private	19533
school may elect to admit students of only one gender and may deny	19534
admission to any separately educated handicapped student.	19535

(C) If a scholarship student who has been accepted in	19536
accordance with this section fails to enroll in the school for any	19537
reason or withdraws from the school during the school year for any	19538
reason, the school may elect to replace such student with another	19539
scholarship student only by first offering the admission to any	19540
low-income scholarship students who filed applications by the	19541
preceding fifteenth day of February and who were not accepted at	19542
that time due to space limitations.	19543

Sec. 3313.978. (A) Annually by the first day of November,	19544
the superintendent of public instruction shall notify the pilot	19545
project school district of the number of initial scholarships that	19546
the state superintendent will be awarding in each of grades	19547
kindergarten through ~~third~~eight.	19548

The state superintendent shall provide information about the	19549
scholarship program to all students residing in the district,	19550
shall accept applications from any such students until such date	19551
as shall be established by the state superintendent as a deadline	19552
for applications, and shall establish criteria for the selection	19553
of students to receive scholarships from among all those applying	19554
prior to the deadline, which criteria shall give preference to	19555
students from low-income families. For each student selected, the	19556
state superintendent shall also determine whether the student	19557
qualifies for seventy-five or ninety per cent of the scholarship	19558
amount. Students whose family income is at or above two hundred	19559
per cent of the maximum income level established by the state	19560
superintendent for low-income families shall qualify for	19561
seventy-five per cent of the scholarship amount and students whose	19562
family income is below two hundred per cent of that maximum income	19563
level shall qualify for ninety per cent of the scholarship amount.	19564
The state superintendent shall notify students of their selection	19565
prior to the fifteenth day of January and whether they qualify for	19566
seventy-five or ninety per cent of the scholarship amount.	19567

(1) A student receiving a pilot project scholarship may	19568
utilize it at an alternative public school by notifying the	19569
district superintendent, at any time before the beginning of the	19570
school year, of the name of the public school in an adjacent	19571
school district to which the student has been accepted pursuant to	19572
section 3327.06 of the Revised Code.	19573

(2) A student may decide to utilize a pilot project	19574
scholarship at a registered private school in the district if all	19575
of the following conditions are met:	19576

(a) By the fifteenth day of February of the preceding school	19577
year, or at any time prior to the start of the school year, the	19578
parent makes an application on behalf of the student to a	19579
registered private school.	19580

(b) The registered private school notifies the parent and the	19581
state superintendent as follows that the student has been	19582
admitted:	19583

(i) By the fifteenth day of March of the preceding school	19584
year if the student filed an application by the fifteenth day of	19585
February and was admitted by the school pursuant to division (A)	19586
of section 3313.977 of the Revised Code;	19587

(ii) Within one week of the decision to admit the student if	19588
the student is admitted pursuant to division (C) of section	19589
3313.977 of the Revised Code.	19590

(c) The student actually enrolls in the registered private	19591
school to which the student was first admitted or in another	19592
registered private school in the district or in a public school in	19593
an adjacent school district.	19594

(B) The state superintendent shall also award in any school	19595
year tutorial assistance grants to a number of students equal to	19596
the number of students who receive scholarships under division (A)	19597
of this section. Tutorial assistance grants shall be awarded	19598
solely to students who are enrolled in the public schools of the	19599
district in a grade level covered by the pilot project. Tutorial	19600
assistance grants may be used solely to obtain tutorial assistance	19601
from a provider approved pursuant to division (D) of section	19602
3313.976 of the Revised Code.	19603

All students wishing to obtain tutorial assistance grants	19604
shall make application to the state superintendent by the first	19605
day of the school year in which the assistance will be used. The	19606
state superintendent shall award assistance grants in accordance	19607
with criteria the superintendent shall establish. For each student	19608
awarded a grant, the state superintendent shall also determine	19609
whether the student qualifies for seventy-five or ninety per cent	19610
of the grant amount and so notify the student. Students whose	19611
family income is at or above two hundred per cent of the maximum	19612
income level established by the state superintendent for	19613
low-income families shall qualify for seventy-five per cent of the	19614
grant amount and students whose family income is below two hundred	19615
per cent of that maximum income level shall qualify for ninety per	19616
cent of the grant amount.	19617

(C)(1) In the case of basic scholarships for students in	19618
grades kindergarten through eight, the scholarship amount shall	19619
not exceed the lesser of the tuition charges of the alternative	19620
school the scholarship recipient attends or ~~an amount established~~	19621
~~by the state superintendent not in excess of~~ three thousand	19622
dollars before fiscal year 2007 and three thousand four hundred	19623
fifty dollars in fiscal year 2007 and thereafter.	19624

In the case of basic scholarships for students in grades nine	19625
~~and ten~~through twelve, the scholarship amount shall not exceed	19626
the lesser of the tuition charges of the alternative school the	19627
scholarship recipient attends or ~~an amount established by the~~	19628
~~state superintendent not in excess of~~ two thousand seven hundred	19629
dollars before fiscal year 2007 and three thousand four hundred	19630
fifty dollars in fiscal year 2007 and thereafter.	19631

(2) The state superintendent shall provide for an increase in	19632
the basic scholarship amount in the case of any student who is a	19633
mainstreamed handicapped student and shall further increase such	19634
amount in the case of any separately educated handicapped child.	19635
Such increases shall take into account the instruction, related	19636
services, and transportation costs of educating such students.	19637

(3) In the case of tutorial assistance grants, the grant	19638
amount shall not exceed the lesser of the provider's actual	19639
charges for such assistance or a:	19640

(a) Before fiscal year 2007, a percentage established by the	19641
state superintendent, not to exceed twenty per cent, of the amount	19642
of the pilot project school district's average basic scholarship	19643
amount;	19644

(b) In fiscal year 2007 and thereafter, four hundred dollars.

19645

(4) No scholarship or tutorial assistance grant shall be	19646
awarded unless the state superintendent determines that	19647
twenty-five or ten per cent, as applicable, of the amount	19648
specified for such scholarship or grant pursuant to division	19649
(C)(1), (2), or (3) of this section will be furnished by a	19650
political subdivision, a private nonprofit or for profit entity,	19651
or another person. Only seventy-five or ninety per cent of such	19652
amounts, as applicable, shall be paid from state funds pursuant to	19653
section 3313.979 of the Revised Code.	19654

(D)(1) Annually by the first day of November, the state	19655
superintendent shall estimate the maximum per-pupil scholarship	19656
amounts for the ensuing school year. The state superintendent	19657
shall make this estimate available to the general public at the	19658
offices of the district board of education together with the forms	19659
required by division (D)(2) of this section.	19660

(2) Annually by the fifteenth day of January, the chief	19661
administrator of each registered private school located in the	19662
pilot project district and the principal of each public school in	19663
such district shall complete a parental information form and	19664
forward it to the president of the board of education. The	19665
parental information form shall be prescribed by the department of	19666
education and shall provide information about the grade levels	19667
offered, the numbers of students, tuition amounts, achievement	19668
test results, and any sectarian or other organizational	19669
affiliations.	19670

Sec. 3313.98. Notwithstanding division (D) of section	19671
3311.19 and division (D) of section 3311.52 of the Revised Code,	19672
the provisions of this section and sections 3313.981 to 3313.983	19673
of the Revised Code that apply to a city school district do not	19674
apply to a joint vocational or cooperative education school	19675
district unless expressly specified.	19676

(A) As used in this section and sections 3313.981 to 3313.983	19677
of the Revised Code:	19678

(1) "Parent" means either of the natural or adoptive parents	19679
of a student, except under the following conditions:	19680

(a) When the marriage of the natural or adoptive parents of	19681
the student has been terminated by a divorce, dissolution of	19682
marriage, or annulment or the natural or adoptive parents of the	19683
student are living separate and apart under a legal separation	19684
decree and the court has issued an order allocating the parental	19685
rights and responsibilities with respect to the student, "parent"	19686
means the residential parent as designated by the court except	19687
that "parent" means either parent when the court issues a shared	19688
parenting decree.	19689

(b) When a court has granted temporary or permanent custody	19690
of the student to an individual or agency other than either of the	19691
natural or adoptive parents of the student, "parent" means the	19692
legal custodian of the child.	19693

(c) When a court has appointed a guardian for the student,	19694
"parent" means the guardian of the student.	19695

(2) "Native student" means a student entitled under section	19696
3313.64 or 3313.65 of the Revised Code to attend school in a	19697
district adopting a resolution under this section.	19698

(3) "Adjacent district" means a city, exempted village, or	19699
local school district having territory that abuts the territory of	19700
a district adopting a resolution under this section.	19701

(4) "Adjacent district student" means a student entitled	19702
under section 3313.64 or 3313.65 of the Revised Code to attend	19703
school in an adjacent district.	19704

(5) "Adjacent district joint vocational student" means an	19705
adjacent district student who enrolls in a city, exempted village,	19706
or local school district pursuant to this section and who also	19707
enrolls in a joint vocational school district that does not	19708
contain the territory of the district for which that student is a	19709
native student and does contain the territory of the city,	19710
exempted village, or local district in which the student enrolls.	19711

(6) "Formula amount" has the same meaning as in section	19712
3317.02 of the Revised Code.	19713

(7) "Adjusted formula amount" means the greater of the	19714
following:	19715

(a) The fiscal year 2005 formula amount multiplied by the	19716
fiscal year 2005 cost-of-doing-business factor for a district	19717
defined in section 3317.02 of the Revised Code;	19718

(b) The sum of the current formula amount plus the per pupil	19719
amount of the base funding supplements specified in divisions	19720
(C)(1) to (4) of section 3317.012 of the Revised Code.	19721

(8) "Poverty line" means the poverty line established by the	19722
director of the United States office of management and budget as	19723
revised by the director of the office of community services in	19724
accordance with section 673(2) of the "Community Services Block	19725
Grant Act," 95 Stat. 1609, 42 U.S.C.A. 9902, as amended.	19726

(9) "IEP" means an individualized education program defined	19727
by division (E) of section 3323.01 of the Revised Code.	19728

(10) "Other district" means a city, exempted village, or	19729
local school district having territory outside of the territory of	19730
a district adopting a resolution under this section.	19731

(11) "Other district student" means a student entitled under	19732
section 3313.64 or 3313.65 of the Revised Code to attend school in	19733
an other district.	19734

(12) "Other district joint vocational student" means a	19735
student who is enrolled in any city, exempted village, or local	19736
school district and who also enrolls in a joint vocational school	19737
district that does not contain the territory of the district for	19738
which that student is a native student in accordance with a policy	19739
adopted under section 3313.983 of the Revised Code.	19740

(B)(1) The board of education of each city, local, and	19741
exempted village school district shall adopt a resolution	19742
establishing for the school district one of the following	19743
policies:	19744

(a) A policy that entirely prohibits the enrollment of	19745
students from adjacent districts or other districts, other than	19746
students for whom tuition is paid in accordance with section	19747
3317.08 of the Revised Code;	19748

(b) A policy that permits enrollment of students from all	19749
adjacent districts in accordance with policy statements contained	19750
in the resolution;	19751

(c) A policy that permits enrollment of students from all	19752
other districts in accordance with policy statements contained in	19753
the resolution.	19754

(2) A policy permitting enrollment of students from adjacent	19755
or from other districts, as applicable, shall provide for all of	19756
the following:	19757

(a) Application procedures, including deadlines for	19758
application and for notification of students and the	19759
superintendent of the applicable district whenever an adjacent or	19760
other district student's application is approved.	19761

(b) Procedures for admitting adjacent or other district	19762
applicants free of any tuition obligation to the district's	19763
schools, including, but not limited to:	19764

(i) The establishment of district capacity limits by grade	19765
level, school building, and education program;	19766

(ii) A requirement that all native students wishing to be	19767
enrolled in the district will be enrolled and that any adjacent or	19768
other district students previously enrolled in the district shall	19769
receive preference over first-time applicants;	19770

(iii) Procedures to ensure that an appropriate racial balance	19771
is maintained in the district schools.	19772

(C) Except as provided in section 3313.982 of the Revised	19773
Code, the procedures for admitting adjacent or other district	19774
students, as applicable, shall not include:	19775

(1) Any requirement of academic ability, or any level of	19776
athletic, artistic, or other extracurricular skills;	19777

(2) Limitations on admitting applicants because of	19778
handicapping conditions, except that a board may refuse to admit a	19779
student receiving services under Chapter 3323. of the Revised	19780
Code, if the services described in the student's IEP are not	19781
available in the district's schools;	19782

(3) A requirement that the student be proficient in the	19783
English language;	19784

(4) Rejection of any applicant because the student has been	19785
subject to disciplinary proceedings, except that if an applicant	19786
has been suspended or expelled by the student's district for ten	19787
consecutive days or more in the term for which admission is sought	19788
or in the term immediately preceding the term for which admission	19789
is sought, the procedures may include a provision denying	19790
admission of such applicant.	19791

(D)(1) Each school board permitting only enrollment of	19792
adjacent district students shall provide information about the	19793
policy adopted under this section, including the application	19794
procedures and deadlines, to the superintendent and the board of	19795
education of each adjacent district and, upon request, to the	19796
parent of any adjacent district student.	19797

(2) Each school board permitting enrollment of other district	19798
students shall provide information about the policy adopted under	19799
this section, including the application procedures and deadlines,	19800
upon request, to the board of education of any other school	19801
district or to the parent of any student anywhere in the state.	19802

(E) Any school board shall accept all credits toward	19803
graduation earned in adjacent or other district schools by an	19804
adjacent or other district student or a native student.	19805

(F)(1) No board of education may adopt a policy discouraging	19806
or prohibiting its native students from applying to enroll in the	19807
schools of an adjacent or any other district that has adopted a	19808
policy permitting such enrollment, except that:	19809

(a) A district may object to the enrollment of a native	19810
student in an adjacent or other district in order to maintain an	19811
appropriate racial balance.	19812

(b) The board of education of a district receiving funds	19813
under 64 Stat. 1100 (1950), 20 U.S.C.A. 236 et seq., as amended,	19814
may adopt a resolution objecting to the enrollment of its native	19815
students in adjacent or other districts if at least ten per cent	19816
of its students are included in the determination of the United	19817
States secretary of education made under section 20 U.S.C.A.	19818
238(a).	19819

(2) If a board objects to enrollment of native students under	19820
this division, any adjacent or other district shall refuse to	19821
enroll such native students unless tuition is paid for the	19822
students in accordance with section 3317.08 of the Revised Code.	19823
An adjacent or other district enrolling such students may not	19824
receive funding for those students in accordance with section	19825
3313.981 of the Revised Code.	19826

(G) The state board of education shall monitor school	19827
districts to ensure compliance with this section and the	19828
districts' policies. The board may adopt rules requiring uniform	19829
application procedures, deadlines for application, notification	19830
procedures, and record-keeping requirements for all school boards	19831
that adopt policies permitting the enrollment of adjacent or other	19832
district students, as applicable. If the state board adopts such	19833
rules, no school board shall adopt a policy that conflicts with	19834
those rules.	19835

(H) A resolution adopted by a board of education under this	19836
section that entirely prohibits the enrollment of students from	19837
adjacent and from other school districts does not abrogate any	19838
agreement entered into under section 3313.841 or 3313.92 of the	19839
Revised Code or any contract entered into under section 3313.90 of	19840
the Revised Code between the board of education adopting the	19841
resolution and the board of education of any adjacent or other	19842
district or prohibit these boards of education from entering into	19843
any such agreement or contract.	19844

(I) Nothing in this section shall be construed to permit or	19845
require the board of education of a city, exempted village, or	19846
local school district to exclude any native student of the	19847
district from enrolling in the district.	19848

Sec. 3314.01. (A)(1) A board of education may permit all or	19849
part of any of the schools under its control, upon request of a	19850
proposing person or group and provided the person or group meets	19851
the requirements of this chapter, to become a community school.	19852

(2) Any person or group of individuals may propose the	19853
creation of a community school pursuant to the provisions of this	19854
chapter. No nonpublic chartered or nonchartered school in	19855
existence on January 1, 1997, is eligible to become a community	19856
school under this chapter.	19857

(3) No home, as defined in section 3313.64 of the Revised	19858
Code, or any public benefit corporation affiliated with a home	19859
shall become an internet- or computer-based community school under	19860
this chapter.	19861

(B) A community school created under this chapter is a public	19862
school, independent of any school district, and is part of the	19863
state's program of education. A community school may sue and be	19864
sued, acquire facilities as needed, contract for any services	19865
necessary for the operation of the school, and enter into	19866
contracts with a sponsor pursuant to this chapter. The governing	19867
authority of a community school may carry out any act and ensure	19868
the performance of any function that is in compliance with the	19869
Ohio Constitution, this chapter, other statutes applicable to	19870
community schools, and the contract entered into under this	19871
chapter establishing the school.	19872

Sec. 3314.013. (A)(1) Until July 1, 2000, no more than	19873
seventy-five contracts between start-up schools and the state	19874
board of education may be in effect outside the pilot project area	19875
at any time under this chapter.	19876

(2) After July 1, 2000, and until July 1, 2001, no more than	19877
one hundred twenty-five contracts between start-up schools and the	19878
state board of education may be in effect outside the pilot	19879
project area at any time under this chapter.	19880

(3) This division applies only to contracts between start-up	19881
schools and the state board of education and contracts between	19882
start-up schools and entities described in divisions (C)(1)(b) to	19883
(f) of section 3314.02 of the Revised Code.	19884

Until July 1, 2005, not more than two hundred twenty-five	19885
contracts to which this division applies may be in effect at any	19886
time under this chapter.	19887

(4) This division applies only to contracts between start-up	19888
schools and entities described in divisions (C)(1)(b) to (f) of	19889
section 3314.02 of the Revised Code.	19890

After July 1, 2005, and until July 1, 2007, the number of	19891
contracts to which this division applies in effect at any time	19892
under this chapter shall be not more than twenty-five plus the	19893
number of such contracts in effect on the effective date of this	19894
amendment with schools that were open for operation as of May 1,	19895
2005. However, up to five start-up schools the mission of which,	19896
as specified under division (A)(2) of section 3314.03 of the	19897
Revised Code, is solely to serve dropouts shall not count toward	19898
the limit established by this division.	19899

(5) This division applies only to contracts between a	19900
start-up school and the board of education of the school district	19901
in which the school is or is proposed to be located.	19902

Until July 1, 2007, the number of contracts to which this	19903
division applies in effect at any time under this chapter shall be	19904
not more than twenty-five plus the number of such contracts in	19905
effect on the effective date of this amendment with schools that	19906
were open for operation as of May 1, 2005. However, up to five	19907
start-up schools the mission of which, as specified under division	19908
(A)(2) of section 3314.03 of the Revised Code, is solely to serve	19909
dropouts shall not count toward the limit established by this	19910
division.	19911

(6) No entity described in division (C)(1) of section 3314.02	19912
of the Revised Code shall enter into a contract with an internet-	19913
or computer-based community school between May 1, 2005, and one	19914
year after the effective date of this amendment, except as	19915
follows:	19916

(a) Any entity described in division (C)(1) of that section	19917
may renew a contract that the entity entered into with an	19918
internet- or computer-based community school prior to the	19919
effective date of this amendment.	19920

(b) Any entity described in divisions (C)(1)(a) to (e) of	19921
that section may assume sponsorship of an existing internet- or	19922
computer-based community school that was formerly sponsored by	19923
another entity and may enter into a contract with that community	19924
school in accordance with section 3314.03 of the Revised Code.	19925

(c) Any entity described in division (C)(1)(f) of that	19926
section may assume sponsorship of an existing internet- or	19927
computer-based community school in accordance with division (A)(7)	19928
of this section and may enter into a contract with that community	19929
school in accordance with section 3314.03 of the Revised Code.	19930

(7) Until July 1, 2005, any entity described in division	19931
(C)(1)(f) of section 3314.02 of the Revised Code may sponsor only	19932
a community school that formerly was sponsored by the state board	19933
of education under division (C)(1)(d) of that section, as it	19934
existed prior to April 8, 2003. After July 1, 2005, any such	19935
entity may assume sponsorship of any existing community school,	19936
and may sponsor any new community school that is not an internet-	19937
or computer-based community school. Beginning one year after the	19938
effective date of this amendment, any such entity may sponsor a	19939
new internet- or computer-based community school.	19940

(8) Nothing in division (A) of this section prohibits a	19941
community school from increasing the number of grade levels it	19942
offers.	19943

(B) Within twenty-four hours of a request by any person, the	19944
superintendent of public instruction shall indicate the number of	19945
preliminary agreements for start-up schools currently outstanding	19946
and the number of contracts for these schools in effect at the	19947
time of the request.	19948

(C) It is the intent of the general assembly to consider	19949
whether to provide limitations on the number of start-up community	19950
schools after July 1, 2001, following its examination of the	19951
results of the studies by the legislative office of education	19952
oversight required under Section 50.39 of Am. Sub. H.B. No. 215 of	19953
the 122nd general assembly and Section 50.52.2 of Am. Sub. H.B.	19954
No. 215 of the 122nd general assembly, as amended by Am. Sub. H.B.	19955
No. 770 of the 122nd general assembly.	19956

Sec. 3314.015. (A) The department of education shall be	19957
responsible for the oversight of sponsors of the community schools	19958
established under this chapter and shall provide technical	19959
assistance to schools and sponsors in their compliance with	19960
applicable laws and the terms of the contracts entered into under	19961
section 3314.03 of the Revised Code and in the development and	19962
start-up activities of those schools. In carrying out its duties	19963
under this section, the department shall do all of the following:	19964

(1) In providing technical assistance to proposing parties,	19965
governing authorities, and sponsors, conduct training sessions and	19966
distribute informational materials;	19967

(2) Approve entities to be sponsors of community schools and	19968
monitor the effectiveness of those sponsors in their oversight of	19969
the schools with which they have contracted;	19970

(3) By December thirty-first of each year, issue a report to	19971
the governor, the speaker of the house of representatives, the	19972
president of the senate, and the chairpersons of the house and	19973
senate committees principally responsible for education matters	19974
regarding the effectiveness of academic programs, operations, and	19975
legal compliance and of the financial condition of all community	19976
schools established under this chapter;	19977

(4) From time to time, make legislative recommendations to	19978
the general assembly designed to enhance the operation and	19979
performance of community schools.	19980

(B)(1) No entity listed in division (C)(1) of section 3314.02	19981
of the Revised Code shall enter into a preliminary agreement under	19982
division (C)(2) of section 3314.02 of the Revised Code until it	19983
has received approval from the department of education to sponsor	19984
community schools under this chapter and has entered into a	19985
written agreement with the department regarding the manner in	19986
which the entity will conduct such sponsorship. The department	19987
shall adopt in accordance with Chapter 119. of the Revised Code	19988
rules containing criteria, procedures, and deadlines for	19989
processing applications for such approval, for oversight of	19990
sponsors, for revocation of the approval of sponsors, and for	19991
entering into written agreements with sponsors. The rules shall	19992
require an entity to submit evidence of the entity's ability and	19993
willingness to comply with the provisions of division (D) of	19994
section 3314.03 of the Revised Code. The rules also shall require	19995
entities approved as sponsors on and after the effective date of	19996
this amendment to demonstrate a record of financial responsibility	19997
and successful implementation of educational programs. If an	19998
entity seeking approval on or after the effective date of this	19999
amendment to sponsor community schools in this state sponsors or	20000
operates schools in another state, at least one of the schools	20001
sponsored or operated by the entity must be comparable to or	20002
better than the performance of Ohio schools in a state of academic	20003
watch under section 3302.03 of the Revised Code, as determined by	20004
the department.	20005

An entity that ~~is approved to sponsor~~sponsors community	20006
schools may enter into ~~any number of~~ preliminary agreements and	20007
sponsor ~~any number of~~ schools as follows, provided each school and	20008
the contract for sponsorship meets the requirements of this	20009
chapter:	20010

(a) An entity approved for sponsorship on or after July 1,	20011
2005, may sponsor not more than fifteen schools, except that if	20012
the department subsequently determines that the schools sponsored	20013
by such an entity have demonstrated satisfactory financial,	20014
administrative, and academic performance, the department may	20015
permit the entity to sponsor up to fifty schools.	20016

(b) An entity approved for sponsorship prior to July 1, 2005,	20017
that had entered into a preliminary agreement or a contract with	20018
thirty-five or fewer schools as of May 1, 2005, may sponsor not	20019
more than thirty-five schools, except that the department on a	20020
case-by-case basis may permit such an entity to sponsor up to	20021
fifty schools.	20022

(c) An entity approved for sponsorship prior to July 1, 2005,	20023
that had entered into a preliminary agreement or a contract with	20024
more than thirty-five but not more than fifty schools as of May 1,	20025
2005, may sponsor not more than the number of schools with which	20026
the entity had entered into a preliminary agreement or a contract	20027
as of May 1, 2005, except that the department on a case-by-case	20028
basis may permit such an entity to sponsor up to fifty schools.	20029

(d) An entity approved for sponsorship prior to July 1, 2005,	20030
that had entered into a preliminary agreement or a contract with	20031
more than fifty schools as of May 1, 2005, may sponsor not more	20032
than the number of schools with which the entity had entered into	20033
a preliminary agreement or a contract as of May 1, 2005.	20034

Upon approval of an entity to be a sponsor under this	20035
division, the department shall notify the entity of the number of	20036
schools the entity may sponsor. The limit imposed on an entity to	20037
which division (B)(1)(a), (b), or (c) of this section applies	20038
shall be decreased by one for each school sponsored by the entity	20039
that permanently closes pursuant to division (C) of section	20040
3314.36 of the Revised Code. The limit imposed on an entity to	20041
which division (B)(1)(d) of this section applies shall be	20042
decreased by one for each school sponsored by the entity that	20043
permanently closes for any reason.	20044

(2) The department of education shall determine, pursuant to	20045
criteria adopted by rule of the department, whether the mission	20046
proposed to be specified in the contract of a community school to	20047
be sponsored by a state university board of trustees or the	20048
board's designee under division (C)(1)(e) of section 3314.02 of	20049
the Revised Code complies with the requirements of that division.	20050
Such determination of the department is final.	20051

(3) The department of education shall determine, pursuant to	20052
criteria adopted by rule of the department, if any tax-exempt	20053
entity under section 501(c)(3) of the Internal Revenue Code that	20054
is proposed to be a sponsor of a community school is an	20055
education-oriented entity for purpose of satisfying the condition	20056
prescribed in division (C)(1)~~(e)(iv)~~(f)(iii) of section 3314.02 of	20057
the Revised Code. Such determination of the department is final.	20058

(C) If at any time the state board of education finds that a	20059
sponsor is not in compliance or is no longer willing to comply	20060
with its contract with any community school or with the	20061
department's rules for sponsorship, the state board or designee	20062
shall conduct a hearing in accordance with Chapter 119. of the	20063
Revised Code on that matter. If after the hearing, the state board	20064
or designee has confirmed the original finding, the department of	20065
education may revoke the sponsor's approval to sponsor community	20066
schools and may assume the sponsorship of any schools with which	20067
the sponsor has contracted until the earlier of the expiration of	20068
two school years or until a new sponsor as described in division	20069
(C)(1) of section 3314.02 of the Revised Code is secured by the	20070
school's governing authority. The department may extend the term	20071
of the contract in the case of a school for which it has assumed	20072
sponsorship under this division as necessary to accommodate the	20073
term of the department's authorization to sponsor the school	20074
specified in this division.	20075

(D) The decision of the department to disapprove an entity	20076
for sponsorship of a community school or to revoke approval for	20077
such sponsorship, as provided in division (C) of this section, may	20078
be appealed by the entity in accordance with section 119.12 of the	20079
Revised Code.	20080

(E) The department shall adopt procedures for use by a	20081
community school governing authority and sponsor when the school	20082
permanently closes and ceases operation, which shall include at	20083
least procedures for data reporting to the department, handling of	20084
student records, distribution of assets in accordance with section	20085
3314.074 of the Revised Code, and other matters related to ceasing	20086
operation of the school.	20087

(F) In carrying out its duties under this chapter, the	20088
department shall not impose requirements on community schools or	20089
their sponsors that are not permitted by law or duly adopted	20090
rules.	20091

Sec. 3314.016. (A) Not later than July 1, 2006, the	20092
department of education shall select not more than two entities	20093
that have been approved for sponsorship under division (B)(1) of	20094
section 3314.015 of the Revised Code to sponsor any internet- or	20095
computer-based community school established after that date. At	20096
least one entity selected by the department shall be the sponsor	20097
of an existing internet- or computer-based community school. After	20098
July 1, 2006, no new internet- or computer-based community school	20099
shall be established under this chapter unless the school is	20100
sponsored by an entity selected by the department under this	20101
division.	20102

(B) If the department does not select at least one entity	20103
under division (A) of this section, the department shall have sole	20104
authority to sponsor any internet- or computer-based community	20105
school established after July 1, 2006. In that case,	20106
notwithstanding division (C) of section 3314.015 of the Revised	20107
Code, the term of any contract between the department and the	20108
governing authority of an internet- or computer-based community	20109
school may be for any length of time permitted under section	20110
3314.03 of the Revised Code.	20111

(C) Nothing in this section requires an internet- or	20112
computer-based community school established prior to July 1, 2006,	20113
to secure a new sponsor.	20114

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

20115

(1) "Sponsor" means an entity listed in division (C)(1) of	20116
this section, which has been approved by the department of	20117
education to sponsor community schools and with which the	20118
governing authority of the proposed community school enters into a	20119
contract pursuant to this section.	20120

(2) "Pilot project area" means the school districts included	20121
in the territory of the former community school pilot project	20122
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	20123
the 122nd general assembly.	20124

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

20125

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

20126

(b) A school district that is either in a state of academic	20127
emergency or in a state of academic watch under section 3302.03 of	20128
the Revised Code;	20129

20130

(4) "Big eight school district" means a school district that	20131
for fiscal year 1997 had both of the following:	20132

(a) A percentage of children residing in the district and	20133
participating in the predecessor of Ohio works first greater than	20134
thirty per cent, as reported pursuant to section 3317.10 of the	20135
Revised Code;	20136

(b) An average daily membership greater than twelve thousand,	20137
as reported pursuant to former division (A) of section 3317.03 of	20138
the Revised Code.	20139

(5) "New start-up school" means a community school other than	20140
one created by converting all or part of an existing public	20141
school, as designated in the school's contract pursuant to	20142
division (A)(17) of section 3314.03 of the Revised Code.	20143

(6) "Urban school district" means one of the state's	20144
twenty-one urban school districts as defined in division (O) of	20145
section 3317.02 of the Revised Code as that section existed prior	20146
to July 1, 1998.	20147

(7) "Internet- or computer-based community school" means a	20148
community school established under this chapter in which the	20149
enrolled students work primarily from their residences on	20150
assignments in nonclassroom-based learning opportunities provided	20151
via an internet- or other computer-based instructional method ~~that~~	20152
~~does not rely on regular classroom instruction or via~~	20153
~~comprehensive instructional methods that include internet-based,~~	20154
~~other computer-based, and noncomputer-based learning~~	20155
~~opportunities~~.	20156

(B) Any person or group of individuals may initially propose	20157
under this division the conversion of all or a portion of a public	20158
school to a community school. The proposal shall be made to the	20159
board of education of the city, local, or exempted village school	20160
district in which the public school is proposed to be converted.	20161
Upon receipt of a proposal, a board may enter into a preliminary	20162
agreement with the person or group proposing the conversion of the	20163
public school, indicating the intention of the board of education	20164
to support the conversion to a community school. A proposing	20165
person or group that has a preliminary agreement under this	20166
division may proceed to finalize plans for the school, establish a	20167
governing authority for the school, and negotiate a contract with	20168
the board of education. Provided the proposing person or group	20169
adheres to the preliminary agreement and all provisions of this	20170
chapter, the board of education shall negotiate in good faith to	20171
enter into a contract in accordance with section 3314.03 of the	20172
Revised Code and division (C) of this section.	20173

(C)(1) Any person or group of individuals may propose under	20174
this division the establishment of a new start-up school to be	20175
located in a challenged school district. The proposal may be made	20176
to any of the following entities:	20177

(a) The board of education of the district in which the	20178
school is proposed to be located;	20179

(b) The board of education of any joint vocational school	20180
district with territory in the county in which is located the	20181
majority of the territory of the district in which the school is	20182
proposed to be located;	20183

(c) The board of education of any other city, local, or	20184
exempted village school district having territory in the same	20185
county where the district in which the school is proposed to be	20186
located has the major portion of its territory;	20187

(d) The governing board of any educational service center;

20188

(e) A sponsoring authority designated by the board of	20189
trustees of any of the thirteen state universities listed in	20190
section 3345.011 of the Revised Code or the board of trustees	20191
itself as long as a mission of the proposed school to be specified	20192
in the contract under division (A)(2) of section 3314.03 of the	20193
Revised Code and as approved by the department of education under	20194
division (B)(2) of section 3314.015 of the Revised Code will be	20195
the practical demonstration of teaching methods, educational	20196
technology, or other teaching practices that are included in the	20197
curriculum of the university's teacher preparation program	20198
approved by the state board of education;	20199

(f) Any qualified tax-exempt entity under section 501(c)(3)	20200
of the Internal Revenue Code as long as all of the following	20201
conditions are satisfied:	20202

(i) The entity has been in operation for at least five years	20203
prior to applying to be a community school sponsor.	20204

(ii) The entity has assets of at least five hundred thousand	20205
dollars.	20206

(iii) The department of education has determined that the	20207
entity is an education-oriented entity under division (B)(3) of	20208
section 3314.015 of the Revised Code.	20209

~~Until July 1, 2005, any entity described in division~~	20210
~~(C)(1)(f) of this section may sponsor only schools that formerly~~	20211
~~were sponsored by the state board of education under division~~	20212
~~(C)(1)(d) of this section, as it existed prior to April 8, 2003.~~	20213
~~After July 1, 2005, such entity may sponsor any new or existing~~	20214
~~school.~~	20215

Any entity described in division (C)(1) of this section may	20216
enter into a preliminary agreement pursuant to division (C)(2) of	20217
this section with the proposing person or group.	20218

(2) A preliminary agreement indicates the intention of an	20219
entity described in division (C)(1) of this section to sponsor the	20220
community school. A proposing person or group that has such a	20221
preliminary agreement may proceed to finalize plans for the	20222
school, establish a governing authority as described in division	20223
(E) of this section for the school, and negotiate a contract with	20224
the entity. Provided the proposing person or group adheres to the	20225
preliminary agreement and all provisions of this chapter, the	20226
entity shall negotiate in good faith to enter into a contract in	20227
accordance with section 3314.03 of the Revised Code.	20228

(3) A new start-up school that is established in a school	20229
district while that district is either in a state of academic	20230
emergency or in a state of academic watch under section 3302.03 of	20231
the Revised Code may continue in existence once the school	20232
district is no longer in a state of academic emergency or academic	20233
watch, provided there is a valid contract between the school and a	20234
sponsor.	20235

(4) A copy of every preliminary agreement entered into under	20236
this division shall be filed with the superintendent of public	20237
instruction.	20238

(D) A majority vote of the board of a sponsoring entity and a	20239
majority vote of the members of the governing authority of a	20240
community school shall be required to adopt a contract and convert	20241
the public school to a community school or establish the new	20242
start-up school. Beginning on the effective date of this	20243
amendment, adoption of the contract shall occur not later than the	20244
fifteenth day of March prior to the school year in which the	20245
school will open. Up to the statewide limit prescribed in section	20246
3314.013 of the Revised Code, an unlimited number of community	20247
schools may be established in any school district provided that a	20248
contract is entered into for each community school pursuant to	20249
this chapter.	20250

(E) As used in this division, "immediate relatives" are	20251
limited to spouses, children, parents, grandparents, siblings, and	20252
in-laws.	20253

Each new start-up community school established under this	20254
chapter shall be under the direction of a governing authority	20255
which shall consist of a board of not less than five individuals	20256
who are not owners or employees, or immediate relatives of owners	20257
or employees, of any for-profit firm that operates or manages a	20258
school for the governing authority.	20259

No person shall serve on the governing authority or operate	20260
the community school under contract with the governing authority	20261
so long as the person owes the state any money or is in a dispute	20262
over whether the person owes the state any money concerning the	20263
operation of a community school that has closed.	20264

(F) Nothing in this chapter shall be construed to permit the	20265
establishment of a community school in more than one school	20266
district under the same contract.	20267

(G) A new start-up school that is established prior to ~~the~~	20268
~~effective date of this amendment~~August 15, 2003, in an urban	20269
school district that is not also a big-eight school district may	20270
continue to operate after ~~the effective~~that date ~~of this~~	20271
~~amendment~~ and the contract between the school's governing	20272
authority and the school's sponsor may be renewed, as provided	20273
under this chapter, after ~~the effective~~that date ~~of this~~	20274
~~amendment~~, but no additional new start-up schools may be	20275
established in such a district unless the district is a challenged	20276
school district as defined in this section as it exists on and	20277
after ~~the effective~~that date ~~of this amendment~~.	20278

Sec. 3314.021. (A) This section applies to any entity that is	20279
exempt from taxation under section 501(c)(3) of the Internal	20280
Revenue Code and that satisfies the conditions specified in	20281
divisions (C)(1)(f)(ii) and (iii) of section 3314.02 of the	20282
Revised Code but does not satisfy the condition specified in	20283
division (C)(1)(f)(i) of that section.	20284

(B) Notwithstanding division (C)(1)(f)(i) of section 3314.02	20285
of the Revised Code, an entity described in division (A) of this	20286
section may do both of the following without obtaining the	20287
department of education's approval of its sponsorship under	20288
division (B)(1) of section 3314.015 of the Revised Code:	20289

(1) Succeed the board of trustees of a state university	20290
located in the pilot project area or that board's designee as the	20291
sponsor of a community school established under this chapter;	20292

(2) Continue to sponsor that school in conformance with the	20293
terms of the contract between the board of trustees or its	20294
designee and the governing authority of the community school and	20295
renew that contract as provided in division (E) of section 3314.03	20296
of the Revised Code.	20297

(C) The entity that succeeds the board of trustees or the	20298
board's designee as sponsor of a community school under division	20299
(B) of this section also may enter into contracts to sponsor other	20300
community schools located in any challenged school district,	20301
without obtaining the department's approval of its sponsorship	20302
under division (B)(1) of section 3314.015 of the Revised Code, and	20303
not subject to the restriction of ~~the paragraph following division~~	20304
~~(C)(1)(f)(iii)~~division (A)(7) of section ~~3314.02~~3314.013 of the	20305
Revised Code, as long as the contracts conform with and the entity	20306
complies with all other requirements of this chapter.	20307

Sec. 3314.03. A copy of every contract entered into under	20308
this section shall be filed with the superintendent of public	20309
instruction.	20310

(A) Each contract entered into between a sponsor and the	20311
governing authority of a community school shall specify the	20312
following:	20313

(1) That the school shall be established as either of the	20314
following:	20315

(a) A nonprofit corporation established under Chapter 1702.	20316
of the Revised Code, if established prior to April 8, 2003;	20317

(b) A public benefit corporation established under Chapter	20318
1702. of the Revised Code, if established after April 8, 2003;	20319

(2) The education program of the school, including the	20320
school's mission, the characteristics of the students the school	20321
is expected to attract, the ages and grades of students, and the	20322
focus of the curriculum;	20323

(3) The academic goals to be achieved and the method of	20324
measurement that will be used to determine progress toward those	20325
goals, which shall include the statewide achievement tests;	20326

(4) Performance standards by which the success of the school	20327
will be evaluated by the sponsor;. If the sponsor will evaluate	20328
the school in accordance with division (D) of section 3314.36 of	20329
the Revised Code, the contract shall specify the number of school	20330
years that the school will be evaluated under that division.	20331

(5) The admission standards of section 3314.06 of the Revised	20332
Code and, if applicable, section 3314.061 of the Revised Code;	20333

(6)(a) Dismissal procedures;

20334

(b) A requirement that the governing authority adopt an	20335
attendance policy that includes a procedure for automatically	20336
withdrawing a student from the school if the student without a	20337
legitimate excuse fails to participate in one hundred five	20338
consecutive hours of the learning opportunities offered to the	20339
student. ~~Such a policy shall provide for withdrawing the student~~	20340
~~by the end of the thirtieth day after the student has failed to~~	20341
~~participate as required under this division.~~	20342

(7) The ways by which the school will achieve racial and	20343
ethnic balance reflective of the community it serves;	20344

(8) Requirements for financial audits by the auditor of	20345
state. The contract shall require financial records of the school	20346
to be maintained in the same manner as are financial records of	20347
school districts, pursuant to rules of the auditor of state, and	20348
the audits shall be conducted in accordance with section 117.10 of	20349
the Revised Code.	20350

(9) The facilities to be used and their locations;

20351

(10) Qualifications of teachers, including a requirement that	20352
the school's classroom teachers be licensed in accordance with	20353
sections 3319.22 to 3319.31 of the Revised Code, except that a	20354
community school may engage noncertificated persons to teach up to	20355
twelve hours per week pursuant to section 3319.301 of the Revised	20356
Code;	20357

(11) That the school will comply with the following	20358
requirements:	20359

(a) ~~The~~If established prior to the effective date of this	20360
amendment, the school will provide learning opportunities to a	20361
minimum of twenty-five students for a minimum of nine hundred	20362
twenty hours per school year;. If established on or after the	20363
effective date of this amendment, the school will provide learning	20364
opportunities to a minimum of one hundred students for a minimum	20365
of nine hundred twenty hours per school year; however, the sponsor	20366
may waive the minimum number of students served by the school	20367
prescribed in this sentence, subject to the approval of the	20368
department of education.	20369

(b) The governing authority will purchase liability	20370
insurance, or otherwise provide for the potential liability of the	20371
school;	20372

(c) The school will be nonsectarian in its programs,	20373
admission policies, employment practices, and all other	20374
operations, and will not be operated by a sectarian school or	20375
religious institution;	20376

(d) The school will comply with sections 9.90, 9.91, 109.65,	20377
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	20378
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	20379
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	20380
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	20381
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	20382
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	20383
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	20384
4123., 4141., and 4167. of the Revised Code as if it were a school	20385
district and will comply with section 3301.0714 of the Revised	20386
Code in the manner specified in section 3314.17 of the Revised	20387
Code;	20388

(e) The school shall comply with Chapter 102. of the Revised	20389
Code except that nothing in that chapter shall prohibit a member	20390
of the school's governing board from also being an employee of the	20391
school and nothing in that chapter or section 2921.42 of the	20392
Revised Code shall prohibit a member of the school's governing	20393
board from having an interest in a contract into which the	20394
governing board enters that is not a contract with a for-profit	20395
firm for the operation or management of a school under the	20396
auspices of the governing authority;	20397

(f) The school will comply with sections 3313.61, 3313.611,	20398
and 3313.614 of the Revised Code, except that the requirement in	20399
sections 3313.61 and 3313.611 of the Revised Code that a person	20400
must successfully complete the curriculum in any high school prior	20401
to receiving a high school diploma may be met by completing the	20402
curriculum adopted by the governing authority of the community	20403
school rather than the curriculum specified in Title XXXIII of the	20404
Revised Code or any rules of the state board of education;	20405

(g) The school governing authority will submit within four	20406
months after the end of each school year a report of its	20407
activities and progress in meeting the goals and standards of	20408
divisions (A)(3) and (4) of this section and its financial status	20409
to the sponsor, the parents of all students enrolled in the	20410
school, and the legislative office of education oversight. The	20411
school will collect and provide any data that the legislative	20412
office of education oversight requests in furtherance of any study	20413
or research that the general assembly requires the office to	20414
conduct, including the studies required under Section 50.39 of Am.	20415
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	20416
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	20417

(12) Arrangements for providing health and other benefits to	20418
employees;	20419

(13) The length of the contract, which shall begin at the	20420
beginning of an academic year. No contract shall exceed five years	20421
unless such contract has been renewed pursuant to division (E) of	20422
this section.	20423

(14) The governing authority of the school, which shall be	20424
responsible for carrying out the provisions of the contract;	20425

(15) A financial plan detailing an estimated school budget	20426
for each year of the period of the contract and specifying the	20427
total estimated per pupil expenditure amount for each such year.	20428
The plan shall specify for each year the base formula amount that	20429
will be used for purposes of funding calculations under section	20430
3314.08 of the Revised Code. This base formula amount for any year	20431
shall not exceed the formula amount defined under section 3317.02	20432
of the Revised Code. The plan may also specify for any year a	20433
percentage figure to be used for reducing the per pupil amount of	20434
~~disadvantaged pupil impact aid~~the subsidy calculated pursuant to	20435
section 3317.029 of the Revised Code the school is to receive that	20436
year under section 3314.08 of the Revised Code.	20437

(16) Requirements and procedures regarding the disposition of	20438
employees of the school in the event the contract is terminated or	20439
not renewed pursuant to section 3314.07 of the Revised Code;	20440

(17) Whether the school is to be created by converting all or	20441
part of an existing public school or is to be a new start-up	20442
school, and if it is a converted public school, specification of	20443
any duties or responsibilities of an employer that the board of	20444
education that operated the school before conversion is delegating	20445
to the governing board of the community school with respect to all	20446
or any specified group of employees provided the delegation is not	20447
prohibited by a collective bargaining agreement applicable to such	20448
employees;	20449

(18) Provisions establishing procedures for resolving	20450
disputes or differences of opinion between the sponsor and the	20451
governing authority of the community school;	20452

(19) A provision requiring the governing authority to adopt a	20453
policy regarding the admission of students who reside outside the	20454
district in which the school is located. That policy shall comply	20455
with the admissions procedures specified in ~~section~~sections	20456
3314.06 and 3314.061 of the Revised Code and, at the sole	20457
discretion of the authority, shall do one of the following:	20458

(a) Prohibit the enrollment of students who reside outside	20459
the district in which the school is located;	20460

(b) Permit the enrollment of students who reside in districts	20461
adjacent to the district in which the school is located;	20462

(c) Permit the enrollment of students who reside in any other	20463
district in the state.	20464

(20) A provision recognizing the authority of the department	20465
of education to take over the sponsorship of the school in	20466
accordance with the provisions of division (C) of section 3314.015	20467
of the Revised Code;	20468

(21) A provision recognizing the sponsor's authority to	20469
assume the operation of a school under the conditions specified in	20470
division (B) of section 3314.073 of the Revised Code;	20471

(22) A provision recognizing both of the following:

20472

(a) The authority of public health and safety officials to	20473
inspect the facilities of the school and to order the facilities	20474
closed if those officials find that the facilities are not in	20475
compliance with health and safety laws and regulations;	20476

(b) The authority of the department of education as the	20477
community school oversight body to suspend the operation of the	20478
school under section 3314.072 of the Revised Code if the	20479
department has evidence of conditions or violations of law at the	20480
school that pose an imminent danger to the health and safety of	20481
the school's students and employees and the sponsor refuses to	20482
take such action;	20483

(23) A description of the learning opportunities that will be	20484
offered to students including both classroom-based and	20485
non-classroom-based learning opportunities that is in compliance	20486
with criteria for student participation established by the	20487
department under division (L)(2) of section 3314.08 of the Revised	20488
Code;	20489

(24) The school will comply with section 3302.04 of the	20490
Revised Code, including division (E) of that section to the extent	20491
possible, except that any action required to be taken by a school	20492
district pursuant to that section shall be taken by the sponsor of	20493
the school. However, the sponsor shall not be required to take any	20494
action described in division (F) of that section.	20495

(25) Beginning in the 2006-2007 school year, the school will	20496
open for operation not later than the thirtieth day of September	20497
each school year, unless the mission of the school as specified	20498
under division (A)(2) of this section is solely to serve dropouts.	20499
In its initial year of operation, if the school fails to open by	20500
the thirtieth day of September, or within one year after the	20501
adoption of the contract pursuant to division (D) of section	20502
3314.02 of the Revised Code if the mission of the school is solely	20503
to serve dropouts, the contract shall be void.	20504

(B) The community school shall also submit to the sponsor a	20505
comprehensive plan for the school. The plan shall specify the	20506
following:	20507

(1) The process by which the governing authority of the	20508
school will be selected in the future;	20509

(2) The management and administration of the school;

20510

(3) If the community school is a currently existing public	20511
school, alternative arrangements for current public school	20512
students who choose not to attend the school and teachers who	20513
choose not to teach in the school after conversion;	20514

(4) The instructional program and educational philosophy of	20515
the school;	20516

(5) Internal financial controls.

20517

(C) A contract entered into under section 3314.02 of the	20518
Revised Code between a sponsor and the governing authority of a	20519
community school may provide for the community school governing	20520
authority to make payments to the sponsor, which is hereby	20521
authorized to receive such payments as set forth in the contract	20522
between the governing authority and the sponsor. The total amount	20523
of such payments for oversight and monitoring of the school shall	20524
not exceed three per cent of the total amount of payments for	20525
operating expenses that the school receives from the state.	20526
Beginning July 1, 2006, no sponsor shall charge a community school	20527
it sponsors a fee for any services provided to the school, except	20528
as authorized by this division.	20529

(D) The contract shall specify the duties of the sponsor	20530
which shall be in accordance with the written agreement entered	20531
into with the department of education under division (B) of	20532
section 3314.015 of the Revised Code and shall include the	20533
following:	20534

(1) Monitor the community school's compliance with all laws	20535
applicable to the school and with the terms of the contract;	20536

(2) Monitor and evaluate the academic and fiscal performance	20537
and the organization and operation of the community school on at	20538
least an annual basis;	20539

(3) Report on an annual basis the results of the evaluation	20540
conducted under division (D)(2) of this section to the department	20541
of education and to the parents of students enrolled in the	20542
community school;	20543

(4) Provide technical assistance to the community school in	20544
complying with laws applicable to the school and terms of the	20545
contract;	20546

(5) Take steps to intervene in the school's operation to	20547
correct problems in the school's overall performance, declare the	20548
school to be on probationary status pursuant to section 3314.073	20549
of the Revised Code, suspend the operation of the school pursuant	20550
to section 3314.072 of the Revised Code, or terminate the contract	20551
of the school pursuant to section 3314.07 of the Revised Code as	20552
determined necessary by the sponsor;	20553

(6) Have in place a plan of action to be undertaken in the	20554
event the community school experiences financial difficulties or	20555
closes prior to the end of a school year.	20556

(E) Upon the expiration of a contract entered into under this	20557
section, the sponsor of a community school may, with the approval	20558
of the governing authority of the school, renew that contract for	20559
a period of time determined by the sponsor, but not ending earlier	20560
than the end of any school year, if the sponsor finds that the	20561
school's compliance with applicable laws and terms of the contract	20562
and the school's progress in meeting the academic goals prescribed	20563
in the contract have been satisfactory. Any contract that is	20564
renewed under this division remains subject to the provisions of	20565
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	20566

(F) If a community school fails to open for operation within	20567
one year after the contract entered into under this section is	20568
adopted pursuant to division (D) of section 3314.02 of the Revised	20569
Code or permanently closes prior to the expiration of the	20570
contract, the contract shall be void and the school shall not	20571
enter into a contract with any other sponsor. A school shall not	20572
be considered permanently closed because the operations of the	20573
school have been suspended pursuant to section 3314.072 of the	20574
Revised Code. Any contract that becomes void under this division	20575
shall not count toward any statewide limit on the number of such	20576
contracts prescribed by section 3314.013 of the Revised Code.	20577

Sec. 3314.06. The governing authority of each community	20578
school established under this chapter shall adopt admission	20579
procedures that specify the following:	20580

(A) That except as otherwise provided in this section,	20581
admission to the school shall be open to any individual age five	20582
to twenty-two entitled to attend school pursuant to section	20583
3313.64 or 3313.65 of the Revised Code in a school district in the	20584
state.	20585

(B)(1) That admission to the school may be limited to	20586
students who have attained a specific grade level or are within a	20587
specific age group; to students that meet a definition of	20588
"at-risk," as defined in the contract; or to residents of a	20589
specific geographic area within the district, as defined in the	20590
contract; or to separate groups of autistic students and	20591
nonhandicapped students, as authorized in section 3314.061 of the	20592
Revised Code and as defined in the contract.	20593

(2) For purposes of division (B)(1) of this section,	20594
"at-risk" students may include those students identified as gifted	20595
students under section 3324.03 of the Revised Code.	20596

(C) Whether enrollment is limited to students who reside in	20597
the district in which the school is located or is open to	20598
residents of other districts, as provided in the policy adopted	20599
pursuant to the contract.	20600

(D)(1) That there will be no discrimination in the admission	20601
of students to the school on the basis of race, creed, color,	20602
handicapping condition, or sex except that ~~the~~:	20603

(a) The governing authority may establish single-gender	20604
schools for the purpose described in division (G) of this section	20605
provided comparable facilities and learning opportunities are	20606
offered for both boys and girls. Such comparable facilities and	20607
opportunities may be offered for each sex at separate locations.	20608

(b) The governing authority may establish a school that	20609
simultaneously serves a group of students identified as autistic	20610
and a group of students who are not handicapped, as authorized in	20611
section 3314.061 of the Revised Code. However, unless the total	20612
capacity established for the school has been filled, no student	20613
with any handicap shall be denied admission on the basis of that	20614
handicap.	20615

(2) That upon admission of any handicapped student, the	20616
community school will comply with all federal and state laws	20617
regarding the education of handicapped students.	20618

(E) That the school may not limit admission to students on	20619
the basis of intellectual ability, measures of achievement or	20620
aptitude, or athletic ability, except that a school may limit its	20621
enrollment to students as described in division (B)~~(2)~~ of this	20622
section.	20623

(F) That the community school will admit the number of	20624
students that does not exceed the capacity of the school's	20625
programs, classes, grade levels, or facilities.	20626

(G) That the purpose of single-gender schools that are	20627
established shall be to take advantage of the academic benefits	20628
some students realize from single-gender instruction and	20629
facilities and to offer students and parents residing in the	20630
district the option of a single-gender education.	20631

(H) That, except as otherwise provided under division (B) of	20632
this section or section 3314.061 of the Revised Code, if the	20633
number of applicants exceeds the capacity restrictions of division	20634
(F) of this section, students shall be admitted by lot from all	20635
those submitting applications, except preference shall be given to	20636
students attending the school the previous year and to students	20637
who reside in the district in which the school is located.	20638
Preference may be given to siblings of students attending the	20639
school the previous year.	20640

(I) If the school is an internet- or computer-based community	20641
school, that the school shall not admit on or after the effective	20642
date of this amendment any student, other than a student enrolling	20643
in kindergarten, who was not enrolled in a public school for at	20644
least one semester or an equivalent term during the three	20645
preceding school years.	20646

Notwithstanding divisions (A) to ~~(H)~~(I) of this section, in	20647
the event the racial composition of the enrollment of the	20648
community school is violative of a federal desegregation order,	20649
the community school shall take any and all corrective measures to	20650
comply with the desegregation order.	20651

Sec. 3314.061. A governing authority may establish a	20652
community school under this chapter that is limited to providing	20653
simultaneously special education and related services to a	20654
specified number of students identified as autistic and regular	20655
educational programs to a specified number of students who are not	20656
handicapped. The contract between the governing authority and the	20657
school's sponsor shall specify the target ratio of number of	20658
autistic students to number of nonhandicapped students in the	20659
school's population, the total number of autistic students that	20660
may be enrolled in the school, and the total number of	20661
nonhandicapped students that may be enrolled in the school. A	20662
school established in accordance with this section is subject to	20663
division (H) of section 3314.06 of the Revised Code, except that	20664
because the governing authority establishes a separate capacity	20665
for autistic students and nonhandicapped students, if the number	20666
of applicants among the group of autistic students or the group of	20667
nonhandicapped students exceeds the capacity restrictions for that	20668
group, students shall be admitted by lot from all those of that	20669
same group submitting applications. However, unless the total	20670
capacity established for the school has been filled, no student	20671
with any handicap shall be denied admission on the basis of that	20672
handicap.	20673

Sec. 3314.074. Divisions (A) and (B) of this section apply	20674
only to the extent permitted under Chapter 1702. of the Revised	20675
Code.	20676

(A) If any community school established under this chapter	20677
permanently closes and ceases its operation as a community school,	20678
the assets of that school shall be distributed first to the	20679
retirement funds of employees of the school, employees of the	20680
school, and private creditors who are owed compensation and then	20681
any remaining funds shall be paid to the state treasury to the	20682
credit of the general revenue fund.	20683

(B) If a community school closes and ceases to operate as a	20684
community school and the school has received computer hardware or	20685
software from the former Ohio SchoolNet commission or the eTech	20686
Ohio commission, such hardware or software shall be returned to	20687
the eTech Ohio commission, and the eTech Ohio commission shall	20688
redistribute the hardware and software, to the extent such	20689
redistribution is possible, to school districts in conformance	20690
with the provisions of the programs operated and administered by	20691
the eTech Ohio commission.	20692

(C) If the assets of the school are insufficient to pay all	20693
persons or entities to whom compensation is owed, the	20694
prioritization of the distribution of the assets to individual	20695
persons or entities within each class of payees may be determined	20696
by decree of a court in accordance with this section and Chapter	20697
1702. of the Revised Code.	20698

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

20699

(1) "Base formula amount" means the amount specified as such	20700
in a community school's financial plan for a school year pursuant	20701
to division (A)(15) of section 3314.03 of the Revised Code.	20702

(2) "Cost-of-doing-business factor" has the same meaning as	20703
in section 3317.02 of the Revised Code.	20704

(3) "IEP" means an individualized education program as	20705
defined in section 3323.01 of the Revised Code.	20706

(4) "Applicable special education weight" means the multiple	20707
specified in section 3317.013 of the Revised Code for a handicap	20708
described in that section.	20709

(5) "Applicable vocational education weight" means:

20710

(a) For a student enrolled in vocational education programs	20711
or classes described in division (A) of section 3317.014 of the	20712
Revised Code, the multiple specified in that division;	20713

(b) For a student enrolled in vocational education programs	20714
or classes described in division (B) of section 3317.014 of the	20715
Revised Code, the multiple specified in that division.	20716

(6) "Entitled to attend school" means entitled to attend	20717
school in a district under section 3313.64 or 3313.65 of the	20718
Revised Code.	20719

(7) A community school student is "included in the ~~DPIA~~	20720
poverty student count" of a school district if the student is	20721
entitled to attend school in the district and:	20722

~~(a) For school years prior to fiscal year 2004,~~ the student's	20723
family receives assistance under the Ohio works first program.	20724

~~(b) For school years in and after fiscal year 2004, the~~	20725
~~student's family income does not exceed the federal poverty~~	20726
~~guidelines, as defined in section 5101.46 of the Revised Code, and~~	20727
~~the student's family receives family assistance, as defined in~~	20728
~~section 3317.029 of the Revised Code.~~	20729

(8) "~~DPIA~~Poverty-based assistance reduction factor" means	20730
the percentage figure, if any, for reducing the per pupil amount	20731
of ~~disadvantaged pupil impact aid~~poverty-based assistance a	20732
community school is entitled to receive pursuant to divisions	20733
(D)(5) and (6) of this section in any year, as specified in the	20734
school's financial plan for the year pursuant to division (A)(15)	20735
of section 3314.03 of the Revised Code.	20736

(9) "All-day kindergarten" has the same meaning as in section	20737
3317.029 of the Revised Code.	20738

(10) "SF-3 payment" means the sum of the payments to a school	20739
district in a fiscal year under divisions (A), (C)(1), (C)(4),	20740
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	20741
of section 3317.024, and sections 3317.029, ~~3317.0212, 3317.0213,~~	20742
3317.0216, 3317.0217, 3317.04, 3317.05, 3317.052, and 3317.053 of	20743
the Revised Code after making the adjustments required by sections	20744
3313.981 and 3313.979, divisions (B), (C), (D), (E), (K), (L), ~~and~~	20745
(M), and (N) of section 3317.023, and division (C) of section	20746
3317.20 of the Revised Code.	20747

(B) The state board of education shall adopt rules requiring	20748
both of the following:	20749

(1) The board of education of each city, exempted village,	20750
and local school district to annually report the number of	20751
students entitled to attend school in the district who are	20752
enrolled in grades one through twelve in a community school	20753
established under this chapter, the number of students entitled to	20754
attend school in the district who are enrolled in kindergarten in	20755
a community school, the number of those kindergartners who are	20756
enrolled in all-day kindergarten in their community school, and	20757
for each child, the community school in which the child is	20758
enrolled.	20759

(2) The governing authority of each community school	20760
established under this chapter to annually report all of the	20761
following:	20762

(a) The number of students enrolled in grades one through	20763
twelve and the number of students enrolled in kindergarten in the	20764
school who are not receiving special education and related	20765
services pursuant to an IEP;	20766

(b) The number of enrolled students in grades one through	20767
twelve and the number of enrolled students in kindergarten, who	20768
are receiving special education and related services pursuant to	20769
an IEP;	20770

(c) The number of students reported under division (B)(2)(b)	20771
of this section receiving special education and related services	20772
pursuant to an IEP for a handicap described in each of divisions	20773
(A) to (F) of section 3317.013 of the Revised Code;	20774

(d) The full-time equivalent number of students reported	20775
under divisions (B)(2)(a) and (b) of this section who are enrolled	20776
in vocational education programs or classes described in each of	20777
divisions (A) and (B) of section 3317.014 of the Revised Code that	20778
are provided by the community school;	20779

(e) Twenty per cent of the number of students reported under	20780
divisions (B)(2)(a) and (b) of this section who are not reported	20781
under division (B)(2)(d) of this section but who are enrolled in	20782
vocational education programs or classes described in each of	20783
divisions (A) and (B) of section 3317.014 of the Revised Code at a	20784
joint vocational school district under a contract between the	20785
community school and the joint vocational school district and are	20786
entitled to attend school in a city, local, or exempted village	20787
school district whose territory is part of the territory of the	20788
joint vocational district;	20789

(f) The number of enrolled preschool handicapped students	20790
receiving special education services in a state-funded unit;	20791

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

20792

(h) For each student, the city, exempted village, or local	20793
school district in which the student is entitled to attend school;	20794

(i) Any ~~DPIA~~poverty-based assistance reduction factor that	20795
applies to a school year.	20796

(C) From the SF-3 payment made to a city, exempted village,	20797
or local school district and, if necessary, from the payment made	20798
to the district under sections 321.24 and 323.156 of the Revised	20799
Code, the department of education shall annually subtract the sum	20800
of the amounts described in divisions (C)(1) to ~~(6)~~(9) of this	20801
section. However, when deducting payments on behalf of students	20802
enrolled in internet- or computer-based community schools, the	20803
department shall deduct only those amounts described in divisions	20804
(C)(1) and (2) of this section. Furthermore, the aggregate amount	20805
deducted under this division shall not exceed the sum of the	20806
district's SF-3 payment and its payment under sections 321.24 and	20807
323.156 of the Revised Code.	20808

(1) An amount equal to the sum of the amounts obtained when,	20809
for each community school where the district's students are	20810
enrolled, the number of the district's students reported under	20811
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	20812
in grades one through twelve, and one-half the number of students	20813
reported under those divisions who are enrolled in kindergarten,	20814
in that community school is multiplied by the greater of the	20815
following:	20816

(a) The fiscal year 2005 base formula amount of that	20817
community school as adjusted by the school district's fiscal year	20818
2005 cost-of-doing-business factor;	20819

(b) The sum of the current base formula amount of that	20820
community school plus the per pupil amount of the base funding	20821
supplements specified in divisions (C)(1) to (4) of section	20822
3317.012 of the Revised Code.	20823

(2) The sum of the amounts calculated under divisions	20824
(C)(2)(a) and (b) of this section:	20825

(a) For each of the district's students reported under	20826
division (B)(2)(c) of this section as enrolled in a community	20827
school in grades one through twelve and receiving special	20828
education and related services pursuant to an IEP for a handicap	20829
described in section 3317.013 of the Revised Code, the product of	20830
the applicable special education weight times the community	20831
school's base formula amount;	20832

(b) For each of the district's students reported under	20833
division (B)(2)(c) of this section as enrolled in kindergarten in	20834
a community school and receiving special education and related	20835
services pursuant to an IEP for a handicap described in section	20836
3317.013 of the Revised Code, one-half of the amount calculated as	20837
prescribed in division (C)(2)(a) of this section.	20838

(3) For each of the district's students reported under	20839
division (B)(2)(d) of this section for whom payment is made under	20840
division (D)(4) of this section, the amount of that payment;	20841

(4) An amount equal to the sum of the amounts obtained when,	20842
for each community school where the district's students are	20843
enrolled, the number of the district's students enrolled in that	20844
community school who are included in the district's ~~DPIA~~poverty	20845
student count is multiplied by the per pupil amount of	20846
~~disadvantaged pupil impact aid~~poverty-based assistance the school	20847
district receives that year pursuant to division (B) or (C) of	20848
section 3317.029 of the Revised Code, as adjusted by any ~~DPIA~~	20849
poverty-based assistance reduction factor of that community	20850
school. If the district receives ~~disadvantaged pupil impact aid~~	20851
poverty-based assistance under division (B) of that section, the	20852
per pupil amount of that aid is the quotient of the amount the	20853
district received under that division divided by the district's	20854
~~DPIA~~poverty student count, as defined in that section. If the	20855
district receives ~~disadvantaged pupil impact aid~~poverty-based	20856
assistance under division (C) of section 3317.029 of the Revised	20857
Code, the per pupil amount of that aid is the per pupil dollar	20858
amount prescribed for the district in ~~division~~divisions (C)(1) or	20859
~~(2)~~to (3) of that section.	20860

(5) An amount equal to the sum of the amounts obtained when,	20861
for each community school where the district's students are	20862
enrolled, the district's per pupil amount of aid received under	20863
division (E) of section 3317.029 of the Revised Code, as adjusted	20864
by any ~~DPIA~~poverty-based assistance reduction factor of the	20865
community school, is multiplied by the sum of the following:	20866

(a) The number of the district's students reported under	20867
division (B)(2)(a) of this section who are enrolled in grades one	20868
to three in that community school and who are not receiving	20869
special education and related services pursuant to an IEP;	20870

(b) One-half of the district's students who are enrolled in	20871
all-day or any other kindergarten class in that community school	20872
and who are not receiving special education and related services	20873
pursuant to an IEP;	20874

(c) One-half of the district's students who are enrolled in	20875
all-day kindergarten in that community school and who are not	20876
receiving special education and related services pursuant to an	20877
IEP.	20878

The district's per pupil amount of aid under division (E) of	20879
section 3317.029 of the Revised Code is the quotient of the amount	20880
the district received under that division divided by the	20881
district's kindergarten through third grade ADM, as defined in	20882
that section.	20883

(6) An amount equal to the sum of the amounts obtained when,	20884
for each community school where the district's students are	20885
enrolled, the district's per pupil amount received under division	20886
(F) of section 3317.029 of the Revised Code, as adjusted by any	20887
poverty-based assistance reduction factor of that community	20888
school, is multiplied by the number of the district's students	20889
enrolled in the community school who are identified as	20890
limited-English proficient.	20891

The district's per pupil amount under division (F) of section	20892
3317.029 of the Revised Code is the amount calculated under	20893
division (F)(1) or (2) of that section, times a multiple of 0.50	20894
in fiscal year 2006 and 1.0 in fiscal year 2007.	20895

(7) An amount equal to the sum of the amounts obtained when,	20896
for each community school where the district's students are	20897
enrolled, the district's per pupil amount received under division	20898
(G) of section 3317.029 of the Revised Code, as adjusted by any	20899
poverty-based assistance reduction factor of that community	20900
school, is multiplied by the sum of the following:	20901

(a) The number of the district's students enrolled in grades	20902
one through twelve in that community school;	20903

(b) One-half of the number of the district's students	20904
enrolled in kindergarten in that community school.	20905

The district's per pupil amount under division (G) of section	20906
3317.029 of the Revised Code is the district's amount per teacher	20907
calculated under division (G)(1) or (2) of that section divided by	20908
17, times a multiple of 0.50 in fiscal year 2006 and 1.0 in fiscal	20909
year 2007.	20910

(8) An amount equal to the sum of the amounts obtained when,	20911
for each community school where the district's students are	20912
enrolled, the district's per pupil amount received under divisions	20913
(H) and (I) of section 3317.029 of the Revised Code, as adjusted	20914
by any poverty-based assistance reduction factor of that community	20915
school, is multiplied by the sum of the following:	20916

(a) The number of the district's students enrolled in grades	20917
one through twelve in that community school;	20918

(b) One-half of the number of the district's students	20919
enrolled in kindergarten in that community school.	20920

The district's per pupil amount under divisions (H) and (I)	20921
of section 3317.029 of the Revised Code is the amount calculated	20922
under each division divided by the district's formula ADM, as	20923
defined in section 3317.02 of the Revised Code.	20924

(9) An amount equal to the per pupil state parity aid funding	20925
calculated for the school district under either division (C) or	20926
(D) of section 3317.0217 of the Revised Code multiplied by the sum	20927
of the number of students in grades one through twelve, and	20928
one-half of the number of students in kindergarten, who are	20929
entitled to attend school in the district and are enrolled in a	20930
community school as reported under division (B)(1) of this	20931
section.	20932

(D) The department shall annually pay to a community school	20933
established under this chapter the sum of the amounts described in	20934
divisions (D)(1) to ~~(7)~~(10) of this section. However, the	20935
department shall calculate and pay to each internet- or	20936
computer-based community school only the amounts described in	20937
divisions (D)(1) to (3) of this section. Furthermore, the sum of	20938
the payments to all community schools under divisions (D)(1), (2),	20939
and (4)~~, (5), (6), and (7)~~to (10) of this section for the	20940
students entitled to attend school in any particular school	20941
district shall not exceed the sum of that district's SF-3 payment	20942
and its payment under sections 321.24 and 323.156 of the Revised	20943
Code. If the sum of the payments calculated under those divisions	20944
for the students entitled to attend school in a particular school	20945
district exceeds the sum of that district's SF-3 payment and its	20946
payment under sections 321.24 and 323.156 of the Revised Code, the	20947
department shall calculate and apply a proration factor to the	20948
payments to all community schools under those divisions for the	20949
students entitled to attend school in that district.	20950

(1) An amount equal to the sum of the amounts obtained when	20951
the number of students enrolled in grades one through twelve, plus	20952
one-half of the kindergarten students in the school, reported	20953
under divisions (B)(2)(a), (b), and (e) of this section who are	20954
not receiving special education and related services pursuant to	20955
an IEP for a handicap described in section 3317.013 of the Revised	20956
Code is multiplied by the greater of the following:	20957

(a) The community school's fiscal year 2005 base formula	20958
amount, as adjusted by the fiscal year 2005 cost-of-doing-business	20959
factor of the school district in which the student is entitled to	20960
attend school;	20961

(b) The sum of the community school's current base formula	20962
amount plus the per pupil amount of the base funding supplements	20963
specified in divisions (C)(1) to (4) of section 3317.012 of the	20964
Revised Code.	20965

(2) The greater of the following:

20966

(a) The aggregate amount that the department paid to the	20967
community school in fiscal year 1999 for students receiving	20968
special education and related services pursuant to IEPs, excluding	20969
federal funds and state disadvantaged pupil impact aid funds;	20970

(b) The sum of the amounts calculated under divisions	20971
(D)(2)(b)(i) and (ii) of this section:	20972

(i) For each student reported under division (B)(2)(c) of	20973
this section as enrolled in the school in grades one through	20974
twelve and receiving special education and related services	20975
pursuant to an IEP for a handicap described in section 3317.013 of	20976
the Revised Code, the following amount:	20977

[the greater of (the community school's fiscal year 2005 base	20978
formula amount	20979

X the fiscal year 2005 cost-of-doing-business factor

20980

of the district where the student

20981

is entitled to attend school) or (the current formula amount plus	20982
the per pupil amount of the base funding supplements specified in	20983
divisions (C)(1) to (4) of section 3317.012 of the Revised Code)]	20984
+	20985

(the applicable special education weight X

20986

the community school's base formula amount);

20987

(ii) For each student reported under division (B)(2)(c) of	20988
this section as enrolled in kindergarten and receiving special	20989
education and related services pursuant to an IEP for a handicap	20990
described in section 3317.013 of the Revised Code, one-half of the	20991
amount calculated under the formula prescribed in division	20992
(D)(2)(b)(i) of this section.	20993

(3) An amount received from federal funds to provide special	20994
education and related services to students in the community	20995
school, as determined by the superintendent of public instruction.	20996

(4) For each student reported under division (B)(2)(d) of	20997
this section as enrolled in vocational education programs or	20998
classes that are described in section 3317.014 of the Revised	20999
Code, are provided by the community school, and are comparable as	21000
determined by the superintendent of public instruction to school	21001
district vocational education programs and classes eligible for	21002
state weighted funding under section 3317.014 of the Revised Code,	21003
an amount equal to the applicable vocational education weight	21004
times the community school's base formula amount times the	21005
percentage of time the student spends in the vocational education	21006
programs or classes.	21007

(5) An amount equal to the sum of the amounts obtained when,	21008
for each school district where the community school's students are	21009
entitled to attend school, the number of that district's students	21010
enrolled in the community school who are included in the	21011
district's ~~DPIA~~poverty student count is multiplied by the per	21012
pupil amount of ~~disadvantaged pupil impact aid~~poverty-based	21013
assistance that school district receives that year pursuant to	21014
division (B) or (C) of section 3317.029 of the Revised Code, as	21015
adjusted by any ~~DPIA~~poverty-based assistance reduction factor of	21016
the community school. The per pupil amount of aid shall be	21017
determined as described in division (C)(4) of this section.	21018

(6) An amount equal to the sum of the amounts obtained when,	21019
for each school district where the community school's students are	21020
entitled to attend school, the district's per pupil amount of aid	21021
received under division (E) of section 3317.029 of the Revised	21022
Code, as adjusted by any ~~DPIA~~poverty-based assistance reduction	21023
factor of the community school, is multiplied by the sum of the	21024
following:	21025

(a) The number of the district's students reported under	21026
division (B)(2)(a) of this section who are enrolled in grades one	21027
to three in that community school and who are not receiving	21028
special education and related services pursuant to an IEP;	21029

(b) One-half of the district's students who are enrolled in	21030
all-day or any other kindergarten class in that community school	21031
and who are not receiving special education and related services	21032
pursuant to an IEP;	21033

(c) One-half of the district's students who are enrolled in	21034
all-day kindergarten in that community school and who are not	21035
receiving special education and related services pursuant to an	21036
IEP.	21037

The district's per pupil amount of aid under division (E) of	21038
section 3317.029 of the Revised Code shall be determined as	21039
described in division (C)(5) of this section.	21040

(7) An amount equal to the sum of the amounts obtained when,	21041
for each school district where the community school's students are	21042
entitled to attend school, the number of that district's students	21043
enrolled in the community school who are identified as	21044
limited-English proficient is multiplied by the district's per	21045
pupil amount received under division (F) of section 3317.029 of	21046
the Revised Code, as adjusted by any poverty-based assistance	21047
reduction factor of the community school.	21048

The district's per pupil amount under division (F) of section	21049
3317.029 of the Revised Code shall be determined as described in	21050
division (C)(6) of this section.	21051

(8) An amount equal to the sum of the amounts obtained when,	21052
for each school district where the community school's students are	21053
entitled to attend school, the district's per pupil amount	21054
received under division (G) of section 3317.029 of the Revised	21055
Code, as adjusted by any poverty-based assistance reduction factor	21056
of the community school, is multiplied by the sum of the	21057
following:	21058

(a) The number of the district's students enrolled in grades	21059
one through twelve in that community school;	21060

(b) One-half of the number of the district's students	21061
enrolled in kindergarten in that community school.	21062

The district's per pupil amount under division (G) of section	21063
3317.029 of the Revised Code shall be determined as described in	21064
division (C)(7) of this section.	21065

(9) An amount equal to the sum of the amounts obtained when,	21066
for each school district where the community school's students are	21067
entitled to attend school, the district's per pupil amount	21068
received under divisions (H) and (I) of section 3317.029 of the	21069
Revised Code, as adjusted by any poverty-based assistance	21070
reduction factor of the community school, is multiplied by the sum	21071
of the following:	21072

(a) The number of the district's students enrolled in grades	21073
one through twelve in that community school;	21074

(b) One-half of the number of the district's students	21075
enrolled in kindergarten in that community school.	21076

The district's per pupil amount under divisions (H) and (I)	21077
of section 3317.029 of the Revised Code shall be determined as	21078
described in division (C)(8) of this section.	21079

(10) An amount equal to the sum of the amounts obtained when,	21080
for each school district where the community school's students are	21081
entitled to attend school, the district's per pupil amount of	21082
state parity aid funding calculated under either division (C) or	21083
(D) of section 3317.0217 of the Revised Code is multiplied by the	21084
sum of the number of that district's students enrolled in grades	21085
one through twelve, and one-half of the number of that district's	21086
students enrolled in kindergarten, in the community school as	21087
reported under division (B)(2)(a) and (b) of this section.	21088

(E)(1) If a community school's costs for a fiscal year for a	21089
student receiving special education and related services pursuant	21090
to an IEP for a handicap described in divisions (B) to (F) of	21091
section 3317.013 of the Revised Code exceed the threshold	21092
catastrophic cost for serving the student as specified in division	21093
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	21094
submit to the superintendent of public instruction documentation,	21095
as prescribed by the superintendent, of all its costs for that	21096
student. Upon submission of documentation for a student of the	21097
type and in the manner prescribed, the department shall pay to the	21098
community school an amount equal to the school's costs for the	21099
student in excess of the threshold catastrophic costs.	21100

(2) The community school shall only report under division	21101
(E)(1) of this section, and the department shall only pay for, the	21102
costs of educational expenses and the related services provided to	21103
the student in accordance with the student's individualized	21104
education program. Any legal fees, court costs, or other costs	21105
associated with any cause of action relating to the student may	21106
not be included in the amount.	21107

(F) A community school may apply to the department of	21108
education for preschool handicapped or gifted unit funding the	21109
school would receive if it were a school district. Upon request of	21110
its governing authority, a community school that received unit	21111
funding as a school district-operated school before it became a	21112
community school shall retain any units awarded to it as a school	21113
district-operated school provided the school continues to meet	21114
eligibility standards for the unit.	21115

A community school shall be considered a school district and	21116
its governing authority shall be considered a board of education	21117
for the purpose of applying to any state or federal agency for	21118
grants that a school district may receive under federal or state	21119
law or any appropriations act of the general assembly. The	21120
governing authority of a community school may apply to any private	21121
entity for additional funds.	21122

(G) A board of education sponsoring a community school may	21123
utilize local funds to make enhancement grants to the school or	21124
may agree, either as part of the contract or separately, to	21125
provide any specific services to the community school at no cost	21126
to the school.	21127

(H) A community school may not levy taxes or issue bonds	21128
secured by tax revenues.	21129

(I) No community school shall charge tuition for the	21130
enrollment of any student.	21131

(J)(1)(a) A community school may borrow money to pay any	21132
necessary and actual expenses of the school in anticipation of the	21133
receipt of any portion of the payments to be received by the	21134
school pursuant to division (D) of this section. The school may	21135
issue notes to evidence such borrowing. The proceeds of the notes	21136
shall be used only for the purposes for which the anticipated	21137
receipts may be lawfully expended by the school.	21138

(b) A school may also borrow money for a term not to exceed	21139
fifteen years for the purpose of acquiring facilities.	21140

(2) Except for any amount guaranteed under section 3318.50 of	21141
the Revised Code, the state is not liable for debt incurred by the	21142
governing authority of a community school.	21143

(K) For purposes of determining the number of students for	21144
which divisions (D)(5) and (6) of this section applies in any	21145
school year, a community school may submit to the department of	21146
job and family services, no later than the first day of March, a	21147
list of the students enrolled in the school. For each student on	21148
the list, the community school shall indicate the student's name,	21149
address, and date of birth and the school district where the	21150
student is entitled to attend school. Upon receipt of a list under	21151
this division, the department of job and family services shall	21152
determine, for each school district where one or more students on	21153
the list is entitled to attend school, the number of students	21154
residing in that school district who were included in the	21155
department's report under section 3317.10 of the Revised Code. The	21156
department shall make this determination on the basis of	21157
information readily available to it. Upon making this	21158
determination and no later than ninety days after submission of	21159
the list by the community school, the department shall report to	21160
the state department of education the number of students on the	21161
list who reside in each school district who were included in the	21162
department's report under section 3317.10 of the Revised Code. In	21163
complying with this division, the department of job and family	21164
services shall not report to the state department of education any	21165
personally identifiable information on any student.	21166

(L) The department of education shall adjust the amounts	21167
subtracted and paid under divisions (C) and (D) of this section to	21168
reflect any enrollment of students in community schools for less	21169
than the equivalent of a full school year. The state board of	21170
education within ninety days after April 8, 2003, shall adopt in	21171
accordance with Chapter 119. of the Revised Code rules governing	21172
the payments to community schools under this section including	21173
initial payments in a school year and adjustments and reductions	21174
made in subsequent periodic payments to community schools and	21175
corresponding deductions from school district accounts as provided	21176
under divisions (C) and (D) of this section. For purposes of this	21177
section:	21178

(1) A student shall be considered enrolled in the community	21179
school for any portion of the school year the student is	21180
participating at a college under Chapter 3365. of the Revised	21181
Code.	21182

(2) A student shall be considered to be enrolled in a	21183
community school during a school year for the period of time	21184
~~between~~beginning on the later of the date on which the school	21185
both has received documentation of the student's enrollment from a	21186
parent and the student has commenced participation in learning	21187
opportunities as defined in the contract with the sponsor, or	21188
thirty days prior to the date on which the student is entered into	21189
the education management information system established under	21190
section 3301.0714 of the Revised Code. For purposes of applying	21191
this division to a community school student, "learning	21192
opportunities" shall be defined in the contract, which shall	21193
describe both classroom-based and non-classroom-based learning	21194
opportunities and shall be in compliance with criteria and	21195
documentation requirements for student participation which shall	21196
be established by the department. Any student's instruction time	21197
in non-classroom-based learning opportunities shall be certified	21198
by an employee of the community school. A student's enrollment	21199
shall be considered to cease on the date on which any of the	21200
following occur:	21201

(a) The community school receives documentation from a parent	21202
terminating enrollment of the student.	21203

(b) The community school is provided documentation of a	21204
student's enrollment in another public or private school.	21205

(c) The community school ceases to offer learning	21206
opportunities to the student pursuant to the terms of the contract	21207
with the sponsor or the operation of any provision of this	21208
chapter.	21209

(3) A student's percentage of full-time equivalency shall be	21210
considered to be the percentage the hours of learning opportunity	21211
offered to that student is of nine hundred and twenty hours.	21212
However, no internet- or computer-based community school shall be	21213
credited for any time a student spends participating in learning	21214
opportunities beyond ten hours within any period of twenty-four	21215
consecutive hours.	21216

(M) The department of education shall reduce the amounts paid	21217
under division (D) of this section to reflect payments made to	21218
colleges under division (B) of section 3365.07 of the Revised	21219
Code.	21220

(N)(1) No student shall be considered enrolled in any	21221
internet- or computer-based community school or, if applicable to	21222
the student, in any community school subject to division (C) of	21223
section 3314.22 of the Revised Code, unless both of the following	21224
conditions are satisfied:	21225

(a) The student possesses or has been provided with all	21226
required hardware and software materials and all such materials	21227
are operational so that the student is capable of fully	21228
participating in the learning opportunities specified in the	21229
contract between the school and the school's sponsor as required	21230
by division (A)(23) of section 3314.03 of the Revised Code;	21231

(b) The school is in compliance with division (A)(1) or (2)	21232
of section ~~3314.032~~3314.22 of the Revised Code, relative to such	21233
student.	21234

(2) In accordance with policies adopted jointly by the	21235
superintendent of public instruction and the auditor of state, the	21236
department shall reduce the amounts otherwise payable under	21237
division (D) of this section to any ~~internet- or computer-based~~	21238
community school that includes in its program the provision of	21239
computer hardware and software materials to ~~each~~any student, if	21240
such hardware and software materials have not been delivered,	21241
installed, and activated for ~~all students~~each such student in a	21242
timely manner or other educational materials or services have not	21243
been provided according to the contract between the individual	21244
community school and its sponsor.	21245

The superintendent of public instruction and the auditor of	21246
state shall jointly establish a method for auditing any community	21247
school to which this division pertains to ensure compliance with	21248
this section.	21249

The superintendent, auditor of state, and the governor shall	21250
jointly make recommendations to the general assembly for	21251
legislative changes that may be required to assure fiscal and	21252
academic accountability for such ~~internet- or computer-based~~	21253
schools.	21254

(O)(1) If the department determines that a review of a	21255
community school's enrollment is necessary, such review shall be	21256
completed and written notice of the findings shall be provided to	21257
the governing authority of the community school and its sponsor	21258
within ninety days of the end of the community school's fiscal	21259
year, unless extended for a period not to exceed thirty additional	21260
days for one of the following reasons:	21261

(a) The department and the community school mutually agree to	21262
the extension.	21263

(b) Delays in data submission caused by either a community	21264
school or its sponsor.	21265

(2) If the review results in a finding that additional	21266
funding is owed to the school, such payment shall be made within	21267
thirty days of the written notice. If the review results in a	21268
finding that the community school owes moneys to the state, the	21269
following procedure shall apply:	21270

(a) Within ten business days of the receipt of the notice of	21271
findings, the community school may appeal the department's	21272
determination to the state board of education or its designee.	21273

(b) The board or its designee shall conduct an informal	21274
hearing on the matter within thirty days of receipt of such an	21275
appeal and shall issue a decision within fifteen days of the	21276
conclusion of the hearing.	21277

(c) If the board has enlisted a designee to conduct the	21278
hearing, the designee shall certify its decision to the board. The	21279
board may accept the decision of the designee or may reject the	21280
decision of the designee and issue its own decision on the matter.	21281

(d) Any decision made by the board under this division is	21282
final.	21283

(3) If it is decided that the community school owes moneys to	21284
the state, the department shall deduct such amount from the	21285
school's future payments in accordance with guidelines issued by	21286
the superintendent of public instruction.	21287

Sec. 3314.084. (A) As used in this section:

21288

(1) "Formula ADM" has the same meaning as in section 3317.03	21289
of the Revised Code.	21290

(2) "Home" has the same meaning as in section 3313.64 of the	21291
Revised Code.	21292

(3) "School district of residence" has the same meaning as in	21293
section 3323.01 of the Revised Code; however, a community school	21294
established under this chapter is not a "school district of	21295
residence" for purposes of this section.	21296

(B) Notwithstanding anything to the contrary in section	21297
3314.08 or 3317.03 of the Revised Code, all of the following apply	21298
in the case of a child who is enrolled in a community school and	21299
is also living in a home:	21300

(1) For purposes of the report required under division (B)(1)	21301
of section 3314.08 of the Revised Code, the child's school	21302
district of residence, and not the school district in which the	21303
home that the child is living in is located, shall be considered	21304
to be the school district in which the child is entitled to attend	21305
school. That school district of residence, therefore, shall make	21306
the report required under division (B)(1) of section 3314.08 of	21307
the Revised Code with respect to the child.	21308

(2) For purposes of the report required under division (B)(2)	21309
of section 3314.08 of the Revised Code, the community school shall	21310
report the name of the child's school district of residence.	21311

(3) The child's school district of residence shall count the	21312
child in that district's formula ADM.	21313

(4) The school district in which the home that the child is	21314
living in is located shall not count the child in that district's	21315
formula ADM.	21316

(5) The Department of Education shall deduct the applicable	21317
amounts prescribed under division (C) of section 3314.08 and	21318
division (D) of section 3314.13 of the Revised Code from the	21319
child's school district of residence and shall not deduct those	21320
amounts from the school district in which the home that the child	21321
is living in is located.	21322

(6) The Department shall make the payments prescribed in	21323
divisions (D) and (E) of section 3314.08 and section 3314.13 of	21324
the Revised Code, as applicable, to the community school.	21325

Sec. 3314.12. On or before the first day of November each	21326
year, the sponsor of each community school established under this	21327
chapter shall submit to the department of education, in accordance	21328
with guidelines adopted by the department for purposes of this	21329
section, a report that describes the special education and related	21330
services provided by that school to enrolled students during the	21331
previous fiscal year and the school's expenditures for those	21332
services.	21333

Sec. 3314.13. (A) As used in this section:

21334

(1) "All-day kindergarten" has the same meaning as in section	21335
3317.029 of the Revised Code.	21336

(2) "Formula amount" has the same meaning as in section	21337
3317.02 of the Revised Code.	21338

(B) ~~The~~Except as provided in division (C) of this section,	21339
the department of education annually shall pay each community	21340
school established under this chapter one-half of the formula	21341
amount for each student to whom both of the following apply:	21342

(1) The student is entitled to attend school under section	21343
3313.64 or 3313.65 of the Revised Code in a school district that	21344
is eligible to receive a payment under division (D) of section	21345
3317.029 of the Revised Code if it provides all-day kindergarten;	21346

(2) The student is reported by the community school as	21347
enrolled in all-day kindergarten at the community school.	21348

(C) The department shall make no payments under this section	21349
to any internet- or computer-based community school.	21350

(D) If a student for whom payment is made under division (B)	21351
of this section is entitled to attend school in a district that	21352
receives any payment for all-day kindergarten under division (D)	21353
of section 3317.029 of the Revised Code, the department shall	21354
deduct the payment to the community school under this section from	21355
the amount paid that school district under that division. If that	21356
school district does not receive payment for all-day kindergarten	21357
under that division because it does not provide all-day	21358
kindergarten, the department shall pay the community school from	21359
state funds appropriated generally for ~~disadvantaged pupil impact~~	21360
~~aid~~poverty-based assistance to school districts.	21361

~~(D)~~(E) The department shall adjust the amounts deducted from	21362
school districts and paid to community schools under this section	21363
to reflect any enrollments of students in all-day kindergarten in	21364
community schools for less than the equivalent of a full school	21365
year.	21366

Sec. 3314.18. Each community school established under this	21367
chapter shall participate in project SOAR implemented by battelle	21368
for kids for the purpose of collecting information on the amount	21369
of student academic growth attributable to the instruction	21370
provided by the school. Each community school shall comply with	21371
all requirements for participation in project SOAR, including the	21372
administration of tests and the submission of student performance	21373
data. The department of education shall negotiate the cost of	21374
community school participation in project SOAR with battelle for	21375
kids and shall pay the cost of that participation directly to	21376
battelle for kids. No community school shall be required to	21377
contribute to the cost of its participation in project SOAR under	21378
this section.	21379

~~Sec. 3314.031.~~ Sec. 3314.21. (A) As used in this section:

21380

(1) "Harmful to juveniles" has the same meaning as in section	21381
2907.01 of the Revised Code.	21382

(2) "Obscene" has the same meaning as in division (F) of	21383
section 2907.01 of the Revised Code as that division has been	21384
construed by the supreme court of this state.	21385

(3) "Teacher of record" means a teacher who evaluates the	21386
work of a student.	21387

(B) ~~It is the intent of the general assembly that teachers~~	21388
~~employed by internet- or computer-based community schools conduct~~	21389
~~visits with their students in person throughout the school year~~	21390
(1) Each internet- or computer-based community school shall retain	21391
an affiliation with at least one full-time teacher of record	21392
licensed in accordance with division (A)(10) of section 3314.03 of	21393
the Revised Code and shall not rely exclusively on teachers	21394
engaged by any person or company from which the school has	21395
purchased its curriculum.	21396

(2) No teacher of record shall serve more than one hundred	21397
twenty-five students enrolled in the internet- or computer-based	21398
community school that has retained that teacher.	21399

(3) Each internet- or computer-based community school shall	21400
provide each student enrolled in the school with an in-person	21401
visit with a teacher, licensed in accordance with division (A)(10)	21402
of section 3314.03 of the Revised Code, for not less than one hour	21403
after every two hundred thirty hours of learning opportunities	21404
provided to that student by the school.	21405

(C) For any internet- or computer-based community school, the	21406
contract between the sponsor and the governing authority of the	21407
school described in section 3314.03 of the Revised Code shall	21408
specify each of the following:	21409

(1) A requirement that the school use a filtering device or	21410
install filtering software that protects against internet access	21411
to materials that are obscene or harmful to juveniles on each	21412
computer provided to students for instructional use. The school	21413
shall provide such device or software at no cost to any student	21414
who works primarily from the student's residence on a computer	21415
obtained from a source other than the school.	21416

(2) A plan for fulfilling the ~~intent of the general assembly~~	21417
requirement specified in division (B)(3) of this section. The plan	21418
shall indicate the number of times teachers will visit each	21419
student throughout the school year and the manner in which those	21420
visits will be conducted.	21421

(3) That the school will set up a central base of operation	21422
and the sponsor will maintain a representative within fifty miles	21423
of that base of operation to provide monitoring and assistance.	21424

~~Sec. 3314.032.~~ Sec. 3314.22. (A)(1) Each child enrolled in an	21425
internet- or computer-based community school is entitled to a	21426
computer supplied by the school. In no case shall an internet- or	21427
computer-based community school provide a stipend or other	21428
substitute to an enrolled child or the child's parent in lieu of	21429
supplying a computer to the child.	21430

(2) Notwithstanding division (A)(1) of this section, if more	21431
than one child living in a single ~~household~~residence is enrolled	21432
in an internet- or computer-based community school, at the option	21433
of the parent of those children, the school may supply less than	21434
one computer per child, as long as at least one computer is	21435
supplied to the ~~household~~residence. The parent may amend the	21436
decision to accept less than one computer per child anytime during	21437
the school year, and, in such case, within thirty days after the	21438
parent notifies the school of such amendment, the school shall	21439
provide any additiona1 computers requested by the parent up to the	21440
number necessary to comply with division (A)(1) of this section.	21441

(B) Each internet- or computer-based community school shall	21442
provide to each parent who is considering enrolling the parent's	21443
child in the school and to the parent of each child already	21444
enrolled in the school a written notice of the provisions	21445
prescribed in divisions (A)(1) and (2) of this section.	21446

(C) If a community school that is not an internet- or	21447
computer-based community school provides any of its enrolled	21448
students with nonclassroom-based learning opportunities provided	21449
via an internet- or other computer-based instructional method and	21450
requires such students to participate in any of those learning	21451
opportunities from their residences, the school shall be subject	21452
to this section and division (C)(1) of section 3314.21 of the	21453
Revised Code relative to each such student in the same manner as	21454
an internet- or computer-based community school.	21455

~~Sec. 3314.033.~~ Sec. 3314.23. (A) Not later than ~~September 30, 2003~~	21456
June 30, 2006, the state board of education shall ~~recommend to the~~	21457
~~general assembly~~adopt rules in accordance with Chapter 119. of	21458
the Revised Code establishing standards governing the operation of	21459
internet- or computer-based community schools~~, as defined in~~	21460
~~section 3314.02 of the Revised Code,~~ and other educational courses	21461
delivered primarily via electronic media. The standards adopted by	21462
rule under this division may be the same standards recommended to	21463
the general assembly pursuant to the version of section 3314.033	21464
of the Revised Code in effect prior to the effective date of this	21465
amendment.	21466

(B) Each internet- or computer-based community school in	21467
operation on or after the effective date of this amendment shall	21468
comply with the rules adopted by the state board under division	21469
(A) of this section regardless of whether the school's contract	21470
with its sponsor contains a stipulation requiring compliance with	21471
those rules.	21472

~~Sec. 3314.034.~~ Sec. 3314.24. (A) On or after July 1, 2004, no	21473
internet- or computer-based community school shall enter into a	21474
contract with a nonpublic school to use or rent any facility space	21475
at the nonpublic school for the provision of instructional	21476
services to students enrolled in the internet- or computer-based	21477
community school.	21478

(B) If, on or after July 1, 2004, an internet- or	21479
computer-based community school has a contract with a nonpublic	21480
school as described in division (A) of this section, the	21481
department of education shall not make any payments under section	21482
3314.08 of the Revised Code to the internet- or computer-based	21483
community school for any student who is enrolled in the internet-	21484
or computer-based community school and receives any instructional	21485
services from the internet- or computer-based community school at	21486
the nonpublic school.	21487

Sec. 3314.25. Each internet- or computer-based community	21488
school shall provide its students a location within a fifty-mile	21489
radius of the student's residence at which to complete the	21490
statewide achievement tests and diagnostic assessments prescribed	21491
under sections 3301.079 and 3301.0710 of the Revised Code.	21492

Sec. 3314.26. Each internet- or computer-based community	21493
school shall withdraw from the school any student who has failed	21494
to participate in the spring administration of any test prescribed	21495
under section 3301.0710 or 3301.0712 of the Revised Code for two	21496
consecutive school years. The school shall not reenroll that	21497
student earlier than one full school year after the student was	21498
withdrawn from the school under this section.	21499

Sec. 3314.27. No student enrolled in an internet- or	21500
computer-based community school may participate in more than ten	21501
hours of learning opportunities in any period of twenty-four	21502
consecutive hours. Any time such a student participates in	21503
learning opportunities beyond the limit prescribed in this section	21504
shall not count toward the annual minimum number of hours required	21505
to be provided to that student as prescribed in division	21506
(A)(11)(a) of section 3314.03 of the Revised Code. If any	21507
internet- or computer-based community school requires its students	21508
to participate in learning opportunities on the basis of days	21509
rather than hours, one day shall consist of a minimum of five	21510
hours of such participation.	21511

Sec. 3314.28. (A) Each internet- or computer-based community	21512
school established under this chapter shall submit to the school's	21513
sponsor a plan for providing special education and related	21514
services to disabled students enrolled in the school in accordance	21515
with division (A)(1) or (2) of this section.	21516

(1) If the school was established prior to the effective date	21517
of this section, the plan shall be submitted to the sponsor on or	21518
before September 1, 2005, and on or before the first day of	21519
September in each year thereafter that the school is in operation.	21520

(2) If the school is established after the effective date of	21521
this section, the plan shall be submitted to the sponsor prior to	21522
the school's receipt of its first payment under this chapter and	21523
on or before the first day of September in each year thereafter	21524
that the school is in operation.	21525

(B) Within thirty days after receiving the plan prescribed in	21526
division (A) of this section, the sponsor of each internet- or	21527
computer-based community school shall certify all of the following	21528
to the department of education:	21529

(1) A statement of whether the plan received is satisfactory	21530
to the sponsor;	21531

(2) If the plan received is not satisfactory to the sponsor,	21532
the sponsor's assurance that it will promptly assist the school in	21533
developing a plan that is satisfactory to the sponsor;	21534

(3) The sponsor's assurance that it will monitor the	21535
implementation of the plan;	21536

(4) The sponsor's assurance that it will take any necessary	21537
corrective action to ensure that the school's plan is properly and	21538
fully implemented.	21539

(C) The department shall develop guidelines for the content	21540
and format of the plan required under this section.	21541

Sec. 3314.35. (A) This section applies to any community	21542
school established under this chapter that meets one or more of	21543
the following criteria:	21544

(1) The school is declared to be in need of continuous	21545
improvement, under an academic watch, or in a state of academic	21546
emergency pursuant to section 3302.03 of the Revised Code.	21547

(2) The school has not been in operation for at least two	21548
full school years.	21549

(3) The school does not offer any grade level for which an	21550
achievement test is prescribed under section 3301.0710 of the	21551
Revised Code or the number of students enrolled in each grade	21552
level offered by the school for which an achievement test is	21553
prescribed is too small to yield statistically reliable data about	21554
student performance, as determined by the department of education.	21555

(B) Beginning in the 2006-2007 school year, each community	21556
school to which this section applies shall administer a reading	21557
and mathematics assessment approved by the department in the fall	21558
and spring of the school year to each student who is enrolled in	21559
any of grades one through twelve to measure the academic progress	21560
made by students during the school year. For each grade level, the	21561
community school shall administer the same assessment in the	21562
spring that the school administers in the fall.	21563

(C) Each community school that administers the assessments	21564
required by division (B) of this section shall be responsible for	21565
all costs associated with the administration and scoring of the	21566
assessments. Each community school shall report the scores of all	21567
students taking the assessments to the department in a manner	21568
prescribed by the department.	21569

(D) The department shall establish a list of nationally	21570
normed assessments in reading and mathematics that it approves for	21571
use by community schools under this section. The department may	21572
approve assessments in other subject areas, but no community	21573
school shall be required to administer an assessment in a subject	21574
area other than reading or mathematics under this section.	21575

(E) The sponsor of any community school to which this section	21576
does not apply may elect to have the school administer reading and	21577
mathematics assessments in accordance with this section.	21578

Sec. 3314.36. (A) Not later than July 1, 2006, the state	21579
board of education shall adopt rules establishing reasonable	21580
standards for expected gains in student achievement between the	21581
fall and spring administrations of the reading and mathematics	21582
assessments administered under section 3314.35 of the Revised Code	21583
and for expected gains in the graduation rate. The standards may	21584
establish different levels of expected gains to correspond with	21585
differences in the baseline academic achievement levels of the	21586
students being assessed.	21587

(B) Any community school that is declared to be under an	21588
academic watch or in a state of academic emergency pursuant to	21589
section 3302.03 of the Revised Code after July 1, 2006, or to	21590
which division (A)(3) of section 3314.35 of the Revised Code	21591
applies shall be subject to division (C) of this section if either	21592
of the following apply to the school:	21593

(1) The percentage of the school's total student population	21594
showing the expected gains in student achievement established	21595
under division (A) of this section on the reading or mathematics	21596
assessments administered most recently under section 3314.35 of	21597
the Revised Code is less than the following, as applicable:	21598

(a) Fifty-five per cent for any school that has been in	21599
operation for two school years;	21600

(b) Sixty per cent for any school that has been in operation	21601
for three school years;	21602

(c) Sixty-five per cent for any school that has been in	21603
operation for four or more school years.	21604

(2) The school offers a high school diploma but is not	21605
showing the expected gains in the graduation rate established	21606
under division (A) of this section.	21607

A community school that has been in operation for one school	21608
year shall not be subject to division (C) of this section.	21609

(C)(1) In the first school year that a community school is	21610
subject to division (C) of this section, the school shall develop	21611
and implement an improvement plan to address the school's poor	21612
academic performance. The sponsor of the school shall assist in	21613
the development of the improvement plan and shall approve the plan	21614
prior to implementation. The school shall file a copy of the	21615
improvement plan with the department of education.	21616

(2) In the second consecutive school year that a community	21617
school is subject to division (C) of this section, the sponsor of	21618
the school shall pay to the department one-half of the total	21619
amount of the payments made by the school's governing authority to	21620
the sponsor under division (C) of section 3314.03 of the Revised	21621
Code for the school year or five thousand dollars, whichever is	21622
greater.	21623

(3) In the third consecutive school year that a community	21624
school is subject to division (C) of this section, all of the	21625
following shall occur:	21626

(a) The school shall be permanently closed at the conclusion	21627
of the school year.	21628

(b) The sponsor of the school shall pay to the department the	21629
total amount of the payments made by the school's governing	21630
authority to the sponsor under division (C) of section 3314.03 of	21631
the Revised Code for the school year.	21632

(c) The limit on the number of schools with which the sponsor	21633
may enter into a contract for sponsorship under division (B)(1) of	21634
section 3314.015 of the Revised Code shall be decreased by one.	21635

(D) The sponsor of any community school that is declared to	21636
be in need of continuous improvement, effective, or excellent	21637
pursuant to section 3302.03 of the Revised Code and offers one or	21638
more grade levels for which an achievement test is prescribed	21639
under section 3301.0710 of the Revised Code may elect to evaluate	21640
the performance of the school in accordance with division (B) of	21641
this section, provided the school administers reading and	21642
mathematics assessments under section 3314.35 of the Revised Code.	21643
If the sponsor so elects, the evaluation method shall be used for	21644
a minimum of three school years and shall be specified in the	21645
contract required by section 3314.03 of the Revised Code. Nothing	21646
in this division requires the sponsor of a community school that	21647
elects to evaluate the school in accordance with division (B) of	21648
this section to take any action specified in division (C) of this	21649
section, unless the contract requires such action.	21650

(E) In calculating the gains in student achievement	21651
demonstrated by a community school for the purposes of division	21652
(B) of this section, the department shall include the scores of	21653
all students who participated in the fall and spring	21654
administrations of the assessments administered under section	21655
3314.35 of the Revised Code. If the school's participation rate	21656
for any grade level is less than ninety-five per cent, the	21657
department shall calculate the gains in academic achievement	21658
demonstrated by the students in that grade level as if the	21659
participation rate was ninety-five per cent by assuming a score of	21660
zero for each student that it is necessary to add to the	21661
participation rate to make that rate equal ninety-five per cent.	21662

Sec. 3315.17. (A) The board of education of each city,	21663
exempted village, local, and joint vocational school district	21664
shall establish a textbook and instructional materials fund. Each	21665
board annually shall deposit into that fund an amount derived from	21666
revenues received by the district for operating expenses that is	21667
equal to three per cent of the formula amount for the preceding	21668
fiscal year, as defined in section 3317.02 of the Revised Code, or	21669
another percentage if established by the auditor of state under	21670
division (C) of this section, multiplied by the district's student	21671
population for the preceding fiscal year. Money in the fund shall	21672
be used solely for textbooks, instructional software, and	21673
instructional materials, supplies, and equipment. Any money in the	21674
fund that is not used in any fiscal year shall carry forward to	21675
the next fiscal year.	21676

(B)(1) Notwithstanding division (A) of this section, if in a	21677
fiscal year a district board deposits in the textbook and	21678
instructional materials fund an amount of money greater than the	21679
amount required to be deposited by this section or the rules	21680
adopted under division (C) of this section, the board may deduct	21681
the excess amount of money from the amount of money required to be	21682
deposited in succeeding fiscal years.	21683

(2) Notwithstanding division (A) of this section, in any year	21684
a district is in fiscal emergency status as declared pursuant to	21685
section 3316.03 of the Revised Code, the district may deposit an	21686
amount less than required by division (A) of this section, or make	21687
no deposit, into the district textbook and instructional materials	21688
fund for that year.	21689

(C) The state superintendent of public instruction and the	21690
auditor of state jointly shall adopt rules in accordance with	21691
Chapter 119. of the Revised Code defining what constitutes	21692
textbooks, instructional software, and instructional materials,	21693
supplies, and equipment for which money in a school district's	21694
textbook and instructional materials fund may be used. The auditor	21695
of state also may designate a percentage, other than three per	21696
cent, of the formula amount multiplied by the district's student	21697
population that must be deposited into the fund.	21698

(D) Notwithstanding division (A) of this section, a district	21699
board of education in any fiscal year may appropriate money in the	21700
district textbook and instructional materials fund for purposes	21701
other than those permitted by that division if both of the	21702
following occur during that fiscal year:	21703

(1) All of the following certify to the district board in	21704
writing that the district has sufficient textbooks, instructional	21705
software, and instructional materials, supplies, and equipment to	21706
ensure a thorough and efficient education within the district:	21707

(a) The district superintendent;

21708

(b) In districts required to have a business advisory	21709
council, a person designated by vote of the business advisory	21710
council;	21711

(c) If the district teachers are represented by an exclusive	21712
bargaining representative for purposes of Chapter 4117. of the	21713
Revised Code, the president of that organization or the	21714
president's designee.	21715

(2) The district board adopts, by unanimous vote of all	21716
members of the board, a resolution stating that the district has	21717
sufficient textbooks, instructional software, and instructional	21718
materials, supplies, and equipment to ensure a thorough and	21719
efficient education within the district.	21720

(E) Notwithstanding any provision to the contrary in Chapter	21721
4117. of the Revised Code, the requirements of this section	21722
prevail over any conflicting provisions of agreements between	21723
employee organizations and public employers entered into on or	21724
after November 21, 1997.	21725

(F) As used in this section and in section 3315.18 of the	21726
Revised Code, "student population" means the average, daily,	21727
full-time-equivalent number of students in kindergarten through	21728
twelfth grade receiving any educational services from the school	21729
district during the first full school week in October, excluding	21730
students enrolled in adult education classes, but including all of	21731
the following:	21732

(1) Adjacent or other district students enrolled in the	21733
district under an open enrollment policy pursuant to section	21734
3313.98 of the Revised Code;	21735

(2) Students receiving services in the district pursuant to a	21736
compact, cooperative education agreement, or a contract, but who	21737
are entitled to attend school in another district pursuant to	21738
section 3313.64 or 3313.65 of the Revised Code;	21739

(3) Students for whom tuition is payable pursuant to sections	21740
3317.081 and 3323.141 of the Revised Code.	21741

The department of education shall determine a district's	21742
student population using data reported to it under section 3317.03	21743
of the Revised Code for the applicable fiscal year.	21744

Sec. 3315.18. (A) The board of education of each city,	21745
exempted village, local, and joint vocational school district	21746
shall establish a capital and maintenance fund. Each board	21747
annually shall deposit into that fund an amount derived from	21748
revenues received by the district that would otherwise have been	21749
deposited in the general fund that is equal to three per cent of	21750
the formula amount for the preceding fiscal year, as defined in	21751
section 3317.02 of the Revised Code, or another percentage if	21752
established by the auditor of state under division (B) of this	21753
section, multiplied by the district's student population for the	21754
preceding fiscal year, except that money received from a permanent	21755
improvement levy authorized by section 5705.21 of the Revised Code	21756
may replace general revenue moneys in meeting the requirements of	21757
this section. Money in the fund shall be used solely for	21758
acquisition, replacement, enhancement, maintenance, or repair of	21759
permanent improvements, as that term is defined in section 5705.01	21760
of the Revised Code. Any money in the fund that is not used in any	21761
fiscal year shall carry forward to the next fiscal year.	21762

(B) The state superintendent of public instruction and the	21763
auditor of state jointly shall adopt rules in accordance with	21764
Chapter 119. of the Revised Code defining what constitutes	21765
expenditures permitted by division (A) of this section. The	21766
auditor of state may designate a percentage, other than three per	21767
cent, of the formula amount multiplied by the district's student	21768
population that must be deposited into the fund.	21769

(C) Within its capital and maintenance fund, a school	21770
district board of education may establish a separate account	21771
solely for the purpose of depositing funds transferred from the	21772
district's reserve balance account established under former	21773
division (H) of section 5705.29 of the Revised Code. After ~~the~~	21774
~~effective date of this amendment~~April 10, 2001, a board may	21775
deposit all or part of the funds formerly included in such reserve	21776
balance account in the separate account established under this	21777
section. Funds deposited in this separate account and interest on	21778
such funds shall be utilized solely for the purpose of providing	21779
the district's portion of the basic project costs of any project	21780
undertaken in accordance with Chapter 3318. of the Revised Code.	21781

(D) Notwithstanding division (A) of this section, in any year	21782
a district is in fiscal emergency status as declared pursuant to	21783
section 3316.03 of the Revised Code, the district may deposit an	21784
amount less than required by division (A) of this section, or make	21785
no deposit, into the district capital and maintenance fund for	21786
that year.	21787

(E) Notwithstanding any provision to the contrary in Chapter	21788
4117. of the Revised Code, the requirements of this section	21789
prevail over any conflicting provisions of agreements between	21790
employee organizations and public employers entered into after	21791
November 21, 1997.	21792

Sec. 3315.37. The board of education of a school district	21793
may establish a teacher education loan program and may expend	21794
school funds for the program. The program shall be for the purpose	21795
of making loans to students who are residents of the school	21796
district or graduates of schools in the school district, who are	21797
enrolled in teacher preparation programs at institutions approved	21798
by the state board pursuant to section 3319.23 of the Revised	21799
Code, and who indicate an intent to teach in the school district	21800
providing the loan. The district board may forgive the obligation	21801
to repay any or all of the principal and interest on the loan if	21802
the borrower teaches in that school district.	21803

The district board shall adopt rules establishing eligibility	21804
criteria, application procedures, procedures for review of	21805
applications, loan amounts, interest, repayment schedules,	21806
conditions under which principal and interest obligations incurred	21807
under the program will be forgiven, and any other matter	21808
incidental to the operation of the program.	21809

The board may contract with a private, nonprofit foundation,	21810
one or more institutions of higher education, or other educational	21811
agencies to administer the program.	21812

The receipt of a loan under this section does not affect a	21813
student's eligibility for assistance, or the amount of such	21814
assistance, granted under section 3315.33, 3333.12, 3333.122,	21815
3333.22, 3333.26, 3333.27, 5910.04, or 5919.34 of the Revised	21816
Code, but the board's rules may provide for taking such assistance	21817
into consideration when determining a student's eligibility for a	21818
loan under this section.	21819

Sec. 3316.043. Upon the approval by the superintendent of	21820
public instruction of an initial financial plan under section	21821
3316.04 of the Revised Code or a financial recovery plan under	21822
section 3316.06 of the Revised Code, the board of education of the	21823
school district for which the plan was approved shall revise the	21824
district's five-year projection of revenues and expenditures in	21825
accordance with rules adopted under section 5705.391 of the	21826
Revised Code so that the five-year projection is consistent with	21827
the financial plan or financial recovery plan. In the case of a	21828
school district declared to be in a state of fiscal emergency, the	21829
five-year projection shall be revised by the financial planning	21830
and supervision commission for that district.	21831

Sec. 3316.06. (A) Within one hundred twenty days after the	21832
first meeting of a school district financial planning and	21833
supervision commission, the commission shall adopt a financial	21834
recovery plan regarding the school district for which the	21835
commission was created. During the formulation of the plan, the	21836
commission shall seek appropriate input from the school district	21837
board and from the community. This plan shall contain the	21838
following:	21839

(1) Actions to be taken to:

21840

(a) Eliminate all fiscal emergency conditions declared to	21841
exist pursuant to division (B) of section 3316.03 of the Revised	21842
Code;	21843

(b) Satisfy any judgments, past-due accounts payable, and all	21844
past-due and payable payroll and fringe benefits;	21845

(c) Eliminate the deficits in all deficit funds, except that	21846
any prior year deficits in the textbook and instructional	21847
materials fund established pursuant to section 3315.17 of the	21848
Revised Code and the capital and maintenance fund established	21849
pursuant to section 3315.18 of the Revised Code shall be forgiven;	21850

(d) Restore to special funds any moneys from such funds that	21851
were used for purposes not within the purposes of such funds, or	21852
borrowed from such funds by the purchase of debt obligations of	21853
the school district with the moneys of such funds, or missing from	21854
the special funds and not accounted for, if any;	21855

(e) Balance the budget, avoid future deficits in any funds,	21856
and maintain on a current basis payments of payroll, fringe	21857
benefits, and all accounts;	21858

(f) Avoid any fiscal emergency condition in the future;

21859

(g) Restore the ability of the school district to market	21860
long-term general obligation bonds under provisions of law	21861
applicable to school districts generally.	21862

(2) The management structure that will enable the school	21863
district to take the actions enumerated in division (A)(1) of this	21864
section. The plan shall specify the level of fiscal and management	21865
control that the commission will exercise within the school	21866
district during the period of fiscal emergency, and shall	21867
enumerate respectively, the powers and duties of the commission	21868
and the powers and duties of the school board during that period.	21869
The commission may elect to assume any of the powers and duties of	21870
the school board it considers necessary, including all powers	21871
related to personnel, curriculum, and legal issues in order to	21872
successfully implement the actions described in division (A)(1) of	21873
this section.	21874

(3) The target dates for the commencement, progress upon, and	21875
completion of the actions enumerated in division (A)(1) of this	21876
section and a reasonable period of time expected to be required to	21877
implement the plan. The commission shall prepare a reasonable time	21878
schedule for progress toward and achievement of the requirements	21879
for the plan, and the plan shall be consistent with that time	21880
schedule.	21881

(4) The amount and purpose of any issue of debt obligations	21882
that will be issued, together with assurances that any such debt	21883
obligations that will be issued will not exceed debt limits	21884
supported by appropriate certifications by the fiscal officer of	21885
the school district and the county auditor. Debt obligations	21886
issued pursuant to section 133.301 of the Revised Code shall	21887
include assurances that such debt shall be in an amount not to	21888
exceed the amount certified under division (B) of such section. If	21889
the commission considers it necessary in order to maintain or	21890
improve educational opportunities of pupils in the school	21891
district, the plan may include a proposal to restructure or	21892
refinance outstanding debt obligations incurred by the board under	21893
section 3313.483 of the Revised Code contingent upon the approval,	21894
during the period of the fiscal emergency, by district voters of a	21895
tax levied under section 718.09, 718.10, 5705.194, 5705.21,	21896
5748.02, or 5748.08 of the Revised Code, that is not a renewal or	21897
replacement levy and that will provide new operating revenue.	21898
Notwithstanding any provision of Chapter 133. or sections 3313.483	21899
to 3313.4811 of the Revised Code, following the required approval	21900
of the district voters and with the approval of the commission,	21901
the school district may issue securities to evidence the	21902
restructuring or refinancing. Those securities may extend the	21903
original period for repayment, not to exceed ten years, and may	21904
alter the frequency and amount of repayments, interest or other	21905
financing charges, and other terms of agreements under which the	21906
debt originally was contracted, at the discretion of the	21907
commission, provided that any loans received pursuant to section	21908
3313.483 of the Revised Code shall be paid from funds the district	21909
would otherwise receive under sections 3317.022 to 3317.025 of the	21910
Revised Code, as required under division (E)(3) of section	21911
3313.483 of the Revised Code. The securities issued for the	21912
purpose of restructuring or refinancing the debt shall be repaid	21913
in equal payments and at equal intervals over the term of the debt	21914
and are not eligible to be included in any subsequent proposal for	21915
the purpose of restructuring or refinancing debt under this	21916
section.	21917

(B) Any financial recovery plan may be amended subsequent to	21918
its adoption. Each financial recovery plan shall be updated	21919
annually.	21920

(C) Each school district financial planning and supervision	21921
commission shall submit the financial recovery plan it adopts or	21922
updates under this section to the state superintendent of public	21923
instruction for approval immediately following its adoption or	21924
updating. The state superintendent shall evaluate the plan and	21925
either approve or disapprove it within thirty calendar days from	21926
the date of its submission. If the plan is disapproved, the state	21927
superintendent shall recommend modifications that will render it	21928
acceptable. No financial planning and supervision commission shall	21929
implement a financial recovery plan that is adopted or updated on	21930
or after ~~the effective date of this amendment~~April 10, 2001,	21931
unless the state superintendent has approved it.	21932

Sec. 3316.16. (A) A school district financial planning and	21933
supervision commission, with respect to its functions under this	21934
chapter, shall continue in existence until such time as a	21935
determination is made under division (B) of this section that all	21936
of the following have occurred:	21937

(1) An effective financial accounting and reporting system in	21938
accordance with section 3316.10 of the Revised Code is in the	21939
process of being implemented, and it is reasonably expected that	21940
this implementation will be completed within two years.	21941

(2) All of the fiscal emergency conditions determined	21942
pursuant to division (B) of section 3316.03 of the Revised Code	21943
have been corrected or eliminated, and no new fiscal emergency	21944
conditions have occurred.	21945

(3) The objectives of the financial recovery plan described	21946
in section 3316.06 of the Revised Code are being met.	21947

(4) The school district board has prepared a financial	21948
forecast for a five-year period in accordance with the standards	21949
issued by the auditor of state and an opinion has been rendered by	21950
the auditor of state that the financial forecast is considered to	21951
be nonadverse. The forecast shall display the district's projected	21952
compliance with sections 3315.17 and 3315.18 of the Revised Code	21953
beginning in the year the commission is proposed for termination.	21954

(B) The determination that all conditions listed in division	21955
(A) of this section for the termination of the existence of the	21956
commission and its functions exist may be made either by the	21957
auditor of state or by the commission and shall be certified to	21958
the commission, the auditor of state, the governor, the director	21959
of budget and management, and the budget commission, whereupon	21960
such commission and its functions under this chapter shall	21961
terminate. This determination shall be made by the auditor of	21962
state upon the filing with the auditor of state of a written	21963
request for such a determination by the school district board, the	21964
governor, or the commission, or may be made by the auditor of	21965
state upon the auditor of state's own initiative.	21966

(C) The commission shall prepare and submit at the time of	21967
such certification a final report of its activities, in such form	21968
as is appropriate for the purpose of providing a record of its	21969
activities and assisting other commissions created under this	21970
chapter in the conduct of their functions. All of the books and	21971
records of the commission shall be delivered to the auditor of	21972
state for retention and safekeeping.	21973

(D) Upon receipt of the certification provided for in	21974
division (B) of this section, the director of budget and	21975
management shall follow the procedures set forth in section 126.29	21976
of the Revised Code.	21977

(E) If, at the time of termination of the commission, an	21978
effective financial accounting and reporting system has not been	21979
fully implemented, the auditor of state shall monitor the progress	21980
of implementation and shall exercise authority under this section	21981
and Chapter 117. of the Revised Code to secure full implementation	21982
at the earliest time feasible but within two years after such	21983
termination.	21984

Sec. 3317.01. As used in this section and section 3317.011	21985
of the Revised Code, "school district," unless otherwise	21986
specified, means any city, local, exempted village, joint	21987
vocational, or cooperative education school district and any	21988
educational service center.	21989

This chapter shall be administered by the state board of	21990
education. The superintendent of public instruction shall	21991
calculate the amounts payable to each school district and shall	21992
certify the amounts payable to each eligible district to the	21993
treasurer of the district as provided by this chapter. No moneys	21994
shall be distributed pursuant to this chapter without the approval	21995
of the controlling board.	21996

The state board of education shall, in accordance with	21997
appropriations made by the general assembly, meet the financial	21998
obligations of this chapter.	21999

Annually, the department of education shall calculate and	22000
report to each school district the district's total state and	22001
local funds for providing an adequate basic education to the	22002
district's nonhandicapped students, utilizing the determination in	22003
section 3317.012 of the Revised Code. In addition, the department	22004
shall calculate and report separately for each school district the	22005
district's total state and local funds for providing an adequate	22006
education for its handicapped students, utilizing the	22007
determinations in both sections 3317.012 and 3317.013 of the	22008
Revised Code.	22009

Not later than the thirty-first day of August of each fiscal	22010
year, the department of education shall provide to each school	22011
district and county MR/DD board a preliminary estimate of the	22012
amount of funding that the department calculates the district will	22013
receive under each of divisions (C)(1) and (4) of section 3317.022	22014
of the Revised Code. No later than the first day of December of	22015
each fiscal year, the department shall update that preliminary	22016
estimate.	22017

Moneys distributed pursuant to this chapter shall be	22018
calculated and paid on a fiscal year basis, beginning with the	22019
first day of July and extending through the thirtieth day of June.	22020
The moneys appropriated for each fiscal year shall be distributed	22021
at least monthly to each school district unless otherwise provided	22022
for. The state board shall submit a yearly distribution plan to	22023
the controlling board at its first meeting in July. The state	22024
board shall submit any proposed midyear revision of the plan to	22025
the controlling board in January. Any year-end revision of the	22026
plan shall be submitted to the controlling board in June. If	22027
moneys appropriated for each fiscal year are distributed other	22028
than monthly, such distribution shall be on the same basis for	22029
each school district.	22030

The total amounts paid each month shall constitute, as nearly	22031
as possible, one-twelfth of the total amount payable for the	22032
entire year. Payments made during the first six months of the	22033
fiscal year may be based on an estimate of the amounts payable for	22034
the entire year. Payments made in the last six months shall be	22035
based on the final calculation of the amounts payable to each	22036
school district for that fiscal year. Payments made in the last	22037
six months may be adjusted, if necessary, to correct the amounts	22038
distributed in the first six months, and to reflect enrollment	22039
increases when such are at least three per cent. Except as	22040
otherwise provided, payments under this chapter shall be made only	22041
to those school districts in which:	22042

(A) The school district, except for any educational service	22043
center and any joint vocational or cooperative education school	22044
district, levies for current operating expenses at least twenty	22045
mills. Levies for joint vocational or cooperative education school	22046
districts or county school financing districts, limited to or to	22047
the extent apportioned to current expenses, shall be included in	22048
this qualification requirement. School district income tax levies	22049
under Chapter 5748. of the Revised Code, limited to or to the	22050
extent apportioned to current operating expenses, shall be	22051
included in this qualification requirement to the extent	22052
determined by the tax commissioner under division (D) of section	22053
3317.021 of the Revised Code.	22054

(B) The school year next preceding the fiscal year for which	22055
such payments are authorized meets the requirement of section	22056
3313.48 or 3313.481 of the Revised Code, with regard to the	22057
minimum number of days or hours school must be open for	22058
instruction with pupils in attendance, for individualized	22059
parent-teacher conference and reporting periods, and for	22060
professional meetings of teachers. This requirement shall be	22061
waived by the superintendent of public instruction if it had been	22062
necessary for a school to be closed because of disease epidemic,	22063
hazardous weather conditions, inoperability of school buses or	22064
other equipment necessary to the school's operation, damage to a	22065
school building, or other temporary circumstances due to utility	22066
failure rendering the school building unfit for school use,	22067
provided that for those school districts operating pursuant to	22068
section 3313.48 of the Revised Code the number of days the school	22069
was actually open for instruction with pupils in attendance and	22070
for individualized parent-teacher conference and reporting periods	22071
is not less than one hundred seventy-five, or for those school	22072
districts operating on a trimester plan the number of days the	22073
school was actually open for instruction with pupils in attendance	22074
not less than seventy-nine days in any trimester, for those school	22075
districts operating on a quarterly plan the number of days the	22076
school was actually open for instruction with pupils in attendance	22077
not less than fifty-nine days in any quarter, or for those school	22078
districts operating on a pentamester plan the number of days the	22079
school was actually open for instruction with pupils in attendance	22080
not less than forty-four days in any pentamester.	22081

A school district shall not be considered to have failed to	22082
comply with this division or section 3313.481 of the Revised Code	22083
because schools were open for instruction but either twelfth grade	22084
students were excused from attendance for up to three days or only	22085
a portion of the kindergarten students were in attendance for up	22086
to three days in order to allow for the gradual orientation to	22087
school of such students.	22088

The superintendent of public instruction shall waive the	22089
requirements of this section with reference to the minimum number	22090
of days or hours school must be in session with pupils in	22091
attendance for the school year succeeding the school year in which	22092
a board of education initiates a plan of operation pursuant to	22093
section 3313.481 of the Revised Code. The minimum requirements of	22094
this section shall again be applicable to such a district	22095
beginning with the school year commencing the second July	22096
succeeding the initiation of one such plan, and for each school	22097
year thereafter.	22098

A school district shall not be considered to have failed to	22099
comply with this division or section 3313.48 or 3313.481 of the	22100
Revised Code because schools were open for instruction but the	22101
length of the regularly scheduled school day, for any number of	22102
days during the school year, was reduced by not more than two	22103
hours due to hazardous weather conditions.	22104

(C) The school district has on file, and is paying in	22105
accordance with, a teachers' salary schedule which complies with	22106
section 3317.13 of the Revised Code.	22107

A board of education or governing board of an educational	22108
service center which has not conformed with other law and the	22109
rules pursuant thereto, shall not participate in the distribution	22110
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	22111
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	22112
and sufficient reason established to the satisfaction of the state	22113
board of education and the state controlling board.	22114

All funds allocated to school districts under this chapter,	22115
except those specifically allocated for other purposes, shall be	22116
used to pay current operating expenses only.	22117

Sec. 3317.012. (A) The general assembly, having deliberated	22118
on the model with which to calculate the base cost of an adequate	22119
education per pupil, has made a policy decision to calculate that	22120
amount as consisting of the following building blocks:	22121

(1) Base classroom teachers;

22122

(2) Other personnel support, which includes additional	22123
teachers, such as music, arts, and physical education teachers	22124
funded by state, local, or federal funds or other funds that are	22125
above the base cost funding level, and other school personnel	22126
including administrators;	22127

(3) Nonpersonnel support.

22128

This model reflects policy decisions made by the general	22129
assembly concerning the cost of base classroom teachers, which	22130
decisions entail two policy variables: the number of students per	22131
base classroom teacher necessary for an adequate education and the	22132
average compensation for a base classroom teacher necessary for an	22133
adequate education. The model requires the general assembly to	22134
decide the amount of other personnel support necessary for an	22135
adequate education, and increase that amount from year to year by	22136
the same percentage as it increases the average compensation for	22137
base classroom teachers. The model finally requires the general	22138
assembly to decide the nonpersonnel costs necessary for an	22139
adequate education and to inflate the nonpersonnel costs from year	22140
to year using the projected inflationary measure for the gross	22141
domestic product deflator (all items) prepared by the bureau of	22142
labor statistics of the United States department of labor.	22143

(B)(1) For fiscal year 2006, the general assembly has	22144
resolved that a ratio of one base classroom teacher per twenty	22145
students is necessary for an adequate education. The general	22146
assembly has made a policy decision that the average compensation	22147
for base classroom teachers is $53,680 for fiscal year 2006, which	22148
includes an amount for the value of fringe benefits. For fiscal	22149
year 2007, the general assembly has resolved that a ratio of one	22150
base classroom teacher per twenty students is necessary for an	22151
adequate education. The general assembly has made a policy	22152
decision that the average compensation for base classroom teachers	22153
is $54,941, which includes an amount for the value of fringe	22154
benefits. Based on a ratio of twenty students per base classroom	22155
teacher, these amounts equal $2,684 per pupil in fiscal year 2006	22156
and $2,747 per pupil in fiscal year 2007.	22157

(2) The general assembly has made a policy decision that the	22158
per pupil cost of salary and benefits of other personnel support	22159
is $1,807 in fiscal year 2006. Based on the percentage increase	22160
for the average compensation of base classroom teachers from	22161
fiscal year 2006 to fiscal year 2007, the per pupil cost of other	22162
personnel support is $1,850 in fiscal year 2007.	22163

(3) The general assembly has made a policy decision that the	22164
per pupil cost of nonpersonnel support is $792 in fiscal year 2006	22165
and $806 in fiscal year 2007. The amount for fiscal year 2007	22166
reflects the projected inflationary measure for the gross domestic	22167
product deflator (all items) of 1.80%.	22168

(4) Based on the determinations specified in divisions (B)(1)	22169
to (3) of this section, the per-pupil base cost is $5,283 in	22170
fiscal year 2006 and $5,403 in fiscal year 2007.	22171

(C) In addition to the per-pupil base cost as determined	22172
under divisions (A) and (B) of this section, the general assembly	22173
determines that the following base funding supplements shall be	22174
paid to each school district:	22175

(1) Base funding for large-group academic intervention for	22176
all students, phased in, based on 25 hours per group of students	22177
per year at an hourly rate of $20.00 in fiscal year 2006 and	22178
$20.40 in fiscal year 2007, as follows:	22179

large-group intervention units X 25 hours X hourly rate X phase-in	22180
percentage	22181

Where:

22182

(a) "Large-group intervention units" equals the district's	22183
formula ADM divided by 20;	22184

(b) "Hourly rate" equals $20.00 in fiscal year 2006 and	22185
$20.40 in fiscal year 2007;	22186

(c) "Phase-in percentage" equals 0.25 in fiscal year 2006 and	22187
0.50 in fiscal year 2007.	22188

(2) Base funding for professional development, phased in	22189
according to the following formula:	22190

district's teacher factor X 0.045 X

22191

formula amount X phase-in percentage

22192

Where:

22193

(a) For each school district, the district's "teacher factor"	22194
is the district's formula ADM divided by 17;	22195

(b) "Phase-in percentage" equals 0.25 in fiscal year 2006 and	22196
0.50 in fiscal year 2007.	22197

(3) Base funding for data-based decision making, calculated	22198
according to the following formula:	22199

0.001 X formula amount X formula ADM

22200

(4) Base funding for professional development regarding	22201
data-based decision making, calculated according to the following	22202
formula:	22203

(0.20 X the district's teacher factor X 0.08 X formula amount) +

22204

(the district's principal factor X

22205

0.08 X formula amount)

22206

Where:

22207

(a) For each school district, the district's "teacher factor"	22208
is the district's formula ADM divided by 17;	22209

(b) For each school district, the district's "principal	22210
factor" is the district's formula ADM divided by 340.	22211

(D) The general assembly intends that school districts spend	22212
the state funds calculated and paid for each component of the	22213
building blocks methodology described in divisions (B)(1) to (3)	22214
and (C)(1) to (4) of this section according to the purposes	22215
described in those divisions.	22216

Sec. 3317.013. This section does not apply to handicapped	22217
preschool students.	22218

Analysis of special education cost data has resulted in a	22219
finding that the average special education additional cost per	22220
pupil, including the costs of related services, can be expressed	22221
as a multiple of the base cost per pupil calculated under section	22222
3317.012 of the Revised Code. The multiples for the following	22223
categories of special education programs, as these programs are	22224
defined for purposes of Chapter 3323. of the Revised Code, and	22225
adjusted as provided in this section, are as follows:	22226

(A) A multiple of 0.2892 for students whose primary or only	22227
identified handicap is a speech and language handicap, as this	22228
term is defined pursuant to Chapter 3323. of the Revised Code;	22229

(B) A multiple of 0.3691 for students identified as specific	22230
learning disabled or developmentally handicapped, as these terms	22231
are defined pursuant to Chapter 3323. of the Revised Code, or	22232
other health handicapped-minor;	22233

(C) A multiple of 1.7695 for students identified as hearing	22234
handicapped, vision impaired, or severe behavior handicapped, as	22235
these terms are defined pursuant to Chapter 3323. of the Revised	22236
Code;	22237

(D) A multiple of 2.3646 for students identified as	22238
orthopedically handicapped, as this term is defined pursuant to	22239
Chapter 3323. of the Revised Code or other health handicapped -	22240
major;	22241

(E) A multiple of 3.1129 for students identified as	22242
multihandicapped, as this term is defined pursuant to Chapter	22243
3323. of the Revised Code;	22244

(F) A multiple of 4.7342 for students identified as autistic,	22245
having traumatic brain injuries, or as both visually and hearing	22246
disabled, as these terms are defined pursuant to Chapter 3323. of	22247
the Revised Code.	22248

In fiscal year 2004, the multiples specified in divisions (A)	22249
to (F) of this section shall be adjusted by multiplying them by	22250
0.88. In fiscal ~~year~~years 2005, 2006, and 2007, the multiples	22251
specified in those divisions shall be adjusted by multiplying them	22252
by 0.90.	22253

Not later than the thirtieth day of May ~~30,~~in 2004, ~~and May~~	22254
~~30,~~ 2005, 2006, and 2007, the department shall submit to the	22255
office of budget and management a report that specifies for each	22256
city, local, exempted village, and joint vocational school	22257
district the fiscal year allocation of the state and local shares	22258
of special education and related services additional weighted	22259
funding and federal special education funds passed through to the	22260
district.	22261

Sec. 3317.016. In addition to its form SF-3, or any successor	22262
to that form, the department of education shall publish on its web	22263
site a spreadsheet for each school district that specifies the	22264
constituent components of the district's "building blocks" funds,	22265
as follows:	22266

(A) For compensation of base classroom teachers, as described	22267
in division (B)(1) of section 3317.012 of the Revised Code, each	22268
spreadsheet shall specify the district's aggregate and per pupil	22269
amounts of state funds and of combined state and local funds, the	22270
average compensation decided by the general assembly for base	22271
classroom teachers, as specified in that division, and the number	22272
of base classroom teachers attributable to the district based on	22273
the student-teacher ratio decided by the general assembly, as	22274
specified in that division.	22275

(B) Each spreadsheet shall specify the district's aggregate	22276
and per pupil amounts of state funds and of combined state and	22277
local funds for each of the following:	22278

(1) Other personnel support, as described in division (B)(2)	22279
of section 3317.012 of the Revised Code;	22280

(2) Nonpersonnel support, as described in division (B)(3) of	22281
that section;	22282

(3) Academic intervention services, as described in division	22283
(C)(1) of that section;	22284

(4) Professional development, as described in division (C)(2)	22285
of that section;	22286

(5) Data-based decision making, as described in division	22287
(C)(3) of that section;	22288

(6) Professional development for data-based decision making,	22289
as described in division (C)(4) of that section.	22290

(C) Each spreadsheet shall separately specify the district's	22291
aggregate and per pupil state funds for each of the following	22292
components of poverty-based assistance under section 3317.029 of	22293
the Revised Code:	22294

(1) Poverty-based assistance guarantee payment under division	22295
(B) of that section;	22296

(2) Academic intervention funding under division (C) of that	22297
section;	22298

(3) All-day kindergarten under division (D) of that section;

22299

(4) Class-size reduction under division (E) of that section;

22300

(5) Services to limited English proficient students under	22301
division (F) of that section;	22302

(6) Professional development, under division (G) of that	22303
section;	22304

(7) Dropout prevention under division (H) of that section;

22305

(8) Community outreach under division (I) of that section.

22306

Sec. 3317.017. (A) Not later than July 1, 2006, the	22307
superintendent of public instruction shall adopt a rule under	22308
which the superintendent may issue an order with respect to the	22309
spending, by a school district declared to be under an academic	22310
watch or in a state of academic emergency under section 3302.03 of	22311
the Revised Code, of the following state building block funds	22312
intended to pay instructional-related costs:	22313

(1) State funds for compensation of base classroom teachers,	22314
as described in division (B)(1) of section 3317.012 of the Revised	22315
Code;	22316

(2) State funds for academic intervention services under	22317
division (C)(1) of section 3317.012 and division (C) of section	22318
3317.029 of the Revised Code;	22319

(3) State funds for professional development under divisions	22320
(C)(2) and (4) of section 3317.012 and division (G) of section	22321
3317.029 of the Revised Code;	22322

(4) State funds for data based decision making under division	22323
(C)(3) of section 3317.012 of the Revised Code;	22324

(5) The poverty-based assistance guarantee payment under	22325
division (B) of section 3317.029 of the Revised Code;	22326

(6) State funds for all-day kindergarten under division (D)	22327
of section 3317.029 of the Revised Code;	22328

(7) State funds for class-size reduction under division (E)	22329
of section 3317.029 of the Revised Code;	22330

(8) State funds for services to limited English proficient	22331
students under division (F) of section 3317.029 of the Revised	22332
Code;	22333

(9) State funds for dropout prevention under division (H) of	22334
section 3317.029 of the Revised Code;	22335

(10) State funds for community outreach under division (I) of	22336
section 3317.029 of the Revised Code.	22337

(B) The rule shall authorize the superintendent of public	22338
instruction to issue an order that does one of or a combination of	22339
the following:	22340

(1) Requires the school district to periodically report to	22341
the superintendent of public instruction on its spending of the	22342
state funds paid for each building blocks component described in	22343
divisions (A)(1) to (10) of this section;	22344

(2) Requires the district to establish a separate account for	22345
each of the building blocks components described in divisions	22346
(A)(1) to (10) of this section to which the district shall credit	22347
the state funds paid for each;	22348

(3) Directs the district's spending of any or all of the	22349
state funds paid for the components described in divisions (A)(1)	22350
to (10) of this section in accordance with the descriptions and	22351
requirements of sections 3317.012 and 3317.029 of the Revised	22352
Code.	22353

(C) The rule shall specify situations in which the	22354
superintendent may issue an order and the types of orders the	22355
superintendent will issue for each of those situations. The rule,	22356
however, shall authorize the superintendent to issue orders in	22357
situations that are not enumerated or described in the rule.	22358

(D) The board of education of each school district to which	22359
the superintendent of public instruction issues an order pursuant	22360
to the rule adopted under this section shall comply with that	22361
order.	22362

Sec. 3317.02. As used in this chapter:

22363

(A) Unless otherwise specified, "school district" means city,	22364
local, and exempted village school districts.	22365

(B) "Formula amount" means the base cost for the fiscal year	22366
specified in division (B)(4) of section 3317.012 of the Revised	22367
Code.	22368

(C) "FTE basis" means a count of students based on full-time	22369
equivalency, in accordance with rules adopted by the department of	22370
education pursuant to section 3317.03 of the Revised Code. In	22371
adopting its rules under this division, the department shall	22372
provide for counting any student in category one, two, three,	22373
four, five, or six special education ADM or in category one or two	22374
vocational education ADM in the same proportion the student is	22375
counted in formula ADM.	22376

(D)~~(1)~~ "Formula ADM" means, for a city, local, or exempted	22377
village school district, the number reported pursuant to division	22378
(A) of section 3317.03 of the Revised Code, and for a joint	22379
vocational school district, the number reported pursuant to	22380
division (D) of ~~that~~ section 3317.03 of the Revised Code.	22381

~~(2)~~(E) "Three-year average formula ADM" means the average of	22382
formula ADMs for the current and preceding two fiscal years.	22383
~~However, as applicable in fiscal years 1999 and 2000, the~~	22384
~~three-year average for city, local, and exempted village school~~	22385
~~districts shall be determined utilizing the FY 1997 ADM or FY 1998~~	22386
~~ADM in lieu of formula ADM for fiscal year 1997 or 1998. In fiscal~~	22387
~~years 2000 and 2001, the three-year average for joint vocational~~	22388
~~school districts shall be determined utilizing the average daily~~	22389
~~membership reported in fiscal years 1998 and 1999 under division~~	22390
~~(D) of section 3317.03 of the Revised Code in lieu of formula ADM~~	22391
~~for fiscal years 1998 and 1999.~~	22392

~~(E) "FY 1997 ADM" or "FY 1998 ADM" means the school~~	22393
~~district's average daily membership reported for the applicable~~	22394
~~fiscal year under the version of division (A) of section 3317.03~~	22395
~~of the Revised Code in effect during that fiscal year, adjusted as~~	22396
~~follows:~~	22397

~~(1) Minus the average daily membership of handicapped~~	22398
~~preschool children;~~	22399

~~(2) Minus one-half of the average daily membership attending~~	22400
~~kindergarten;~~	22401

~~(3) Minus three-fourths of the average daily membership~~	22402
~~attending a joint vocational school district;~~	22403

~~(4) Plus the average daily membership entitled under section~~	22404
~~3313.64 or 3313.65 of the Revised Code to attend school in the~~	22405
~~district but receiving educational services in approved units from~~	22406
~~an educational service center or another school district under a~~	22407
~~compact or a cooperative education agreement, as determined by the~~	22408
~~department;~~	22409

~~(5) Minus the average daily membership receiving educational~~	22410
~~services from the district in approved units but entitled under~~	22411
~~section 3313.64 or 3313.65 of the Revised Code to attend school in~~	22412
~~another school district, as determined by the department.~~	22413

(F)(1) "Category one special education ADM" means the average	22414
daily membership of handicapped children receiving special	22415
education services for the handicap specified in division (A) of	22416
section 3317.013 of the Revised Code and reported under division	22417
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	22418

(2) "Category two special education ADM" means the average	22419
daily membership of handicapped children receiving special	22420
education services for those handicaps specified in division (B)	22421
of section 3317.013 of the Revised Code and reported under	22422
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	22423
Code.	22424

(3) "Category three special education ADM" means the average	22425
daily membership of students receiving special education services	22426
for those handicaps specified in division (C) of section 3317.013	22427
of the Revised Code, and reported under division (B)(7) or	22428
(D)(2)(d) of section 3317.03 of the Revised Code.	22429

(4) "Category four special education ADM" means the average	22430
daily membership of students receiving special education services	22431
for those handicaps specified in division (D) of section 3317.013	22432
of the Revised Code and reported under division (B)(8) or	22433
(D)(2)(e) of section 3317.03 of the Revised Code.	22434

(5) "Category five special education ADM" means the average	22435
daily membership of students receiving special education services	22436
for the handicap specified in division (E) of section 3317.013 of	22437
the Revised Code and reported under division (B)(9) or (D)(2)(f)	22438
of section 3317.03 of the Revised Code.	22439

(6) "Category six special education ADM" means the average	22440
daily membership of students receiving special education services	22441
for the handicap specified in division (F) of section 3317.013 of	22442
the Revised Code and reported under division (B)(10) or (D)(2)(g)	22443
of section 3317.03 of the Revised Code.	22444

(7) "Category one vocational education ADM" means the average	22445
daily membership of students receiving vocational education	22446
services described in division (A) of section 3317.014 of the	22447
Revised Code and reported under division (B)(11) or (D)(2)(h) of	22448
section 3317.03 of the Revised Code.	22449

(8) "Category two vocational education ADM" means the average	22450
daily membership of students receiving vocational education	22451
services described in division (B) of section 3317.014 of the	22452
Revised Code and reported under division (B)(12) or (D)(2)(i) of	22453
section 3317.03 of the Revised Code.	22454

(G) "Handicapped preschool child" means a handicapped child,	22455
as defined in section 3323.01 of the Revised Code, who is at least	22456
age three but is not of compulsory school age, as defined in	22457
section 3321.01 of the Revised Code, and who is not currently	22458
enrolled in kindergarten.	22459

(H) "County MR/DD board" means a county board of mental	22460
retardation and developmental disabilities.	22461

(I) "Recognized valuation" means the amount calculated for a	22462
school district pursuant to section 3317.015 of the Revised Code.	22463

(J) "Transportation ADM" means the number of children	22464
reported under division (B)(13) of section 3317.03 of the Revised	22465
Code.	22466

(K) "Average efficient transportation use cost per student"	22467
means a statistical representation of transportation costs as	22468
calculated under division (D)(2) of section 3317.022 of the	22469
Revised Code.	22470

(L) "Taxes charged and payable" means the taxes charged and	22471
payable against real and public utility property after making the	22472
reduction required by section 319.301 of the Revised Code, plus	22473
the taxes levied against tangible personal property.	22474

(M) "Total taxable value" means the sum of the amounts	22475
certified for a city, local, exempted village, or joint vocational	22476
school district under divisions (A)(1) and (2) of section 3317.021	22477
of the Revised Code.	22478

(N) "Cost-of-doing-business factor for fiscal year 2005"	22479
means the amount indicated in this division for the county in	22480
which a city, local, exempted village, or joint vocational school	22481
district is located. If a city, local, or exempted village school	22482
district is located in more than one county, the factor is the	22483
amount indicated for the county to which the district is assigned	22484
by the state department of education. If a joint vocational school	22485
district is located in more than one county, the factor is the	22486
amount indicated for the county in which the joint vocational	22487
school with the greatest formula ADM operated by the district is	22488
located.	22489

	COST-OF-DOING-BUSINESS	22490
COUNTY	FACTOR AMOUNT	22491
Adams	1.0035	22492
Allen	1.0206	22493
Ashland	1.0297	22494
Ashtabula	1.0397	22495
Athens	1.0014	22496
Auglaize	1.0247	22497
Belmont	1.0064	22498
Brown	1.0177	22499
Butler	1.0646	22500
Carroll	1.0137	22501
Champaign	1.0446	22502
Clark	1.0447	22503
Clermont	1.0541	22504
Clinton	1.0329	22505
Columbiana	1.0214	22506
Coshocton	1.0173	22507
Crawford	1.0164	22508
Cuyahoga	1.0626	22509
Darke	1.0338	22510
Defiance	1.0146	22511
Delaware	1.0528	22512
Erie	1.0388	22513
Fairfield	1.0366	22514
Fayette	1.0319	22515
Franklin	1.0608	22516
Fulton	1.0330	22517
Gallia	1.0000	22518
Geauga	1.0501	22519
Greene	1.0444	22520
Guernsey	1.0066	22521
Hamilton	1.0750	22522
Hancock	1.0215	22523
Hardin	1.0356	22524
Harrison	1.0074	22525
Henry	1.0318	22526
Highland	1.0148	22527
Hocking	1.0188	22528
Holmes	1.0178	22529
Huron	1.0293	22530
Jackson	1.0138	22531
Jefferson	1.0073	22532
Knox	1.0279	22533
Lake	1.0524	22534
Lawrence	1.0081	22535
Licking	1.0381	22536
Logan	1.0385	22537
Lorain	1.0515	22538
Lucas	1.0390	22539
Madison	1.0488	22540
Mahoning	1.0346	22541
Marion	1.0306	22542
Medina	1.0536	22543
Meigs	1.0026	22544
Mercer	1.0203	22545
Miami	1.0411	22546
Monroe	1.0050	22547
Montgomery	1.0453	22548
Morgan	1.0089	22549
Morrow	1.0301	22550
Muskingum	1.0127	22551
Noble	1.0073	22552
Ottawa	1.0486	22553
Paulding	1.0115	22554
Perry	1.0160	22555
Pickaway	1.0391	22556
Pike	1.0103	22557
Portage	1.0472	22558
Preble	1.0442	22559
Putnam	1.0216	22560
Richland	1.0199	22561
Ross	1.0151	22562
Sandusky	1.0321	22563
Scioto	1.0012	22564
Seneca	1.0223	22565
Shelby	1.0278	22566
Stark	1.0255	22567
Summit	1.0542	22568
Trumbull	1.0351	22569
Tuscarawas	1.0089	22570
Union	1.0500	22571
Van Wert	1.0133	22572
Vinton	1.0095	22573
Warren	1.0658	22574
Washington	1.0060	22575
Wayne	1.0348	22576
Williams	1.0228	22577
Wood	1.0360	22578
Wyandot	1.0171	22579

(O) "Tax exempt value" of a school district means the amount	22580
certified for a school district under division (A)(4) of section	22581
3317.021 of the Revised Code.	22582

(P) "Potential value" of a school district means the	22583
recognized valuation of a school district plus the tax exempt	22584
value of the district.	22585

(Q) "District median income" means the median Ohio adjusted	22586
gross income certified for a school district. On or before the	22587
first day of July of each year, the tax commissioner shall certify	22588
to the department of education for each city, exempted village,	22589
and local school district the median Ohio adjusted gross income of	22590
the residents of the school district determined on the basis of	22591
tax returns filed for the second preceding tax year by the	22592
residents of the district.	22593

(R) "Statewide median income" means the median district	22594
median income of all city, exempted village, and local school	22595
districts in the state.	22596

(S) "Income factor" for a city, exempted village, or local	22597
school district means the quotient obtained by dividing that	22598
district's median income by the statewide median income.	22599

(T) "Medically fragile child" means a child to whom all of	22600
the following apply:	22601

(1) The child requires the services of a doctor of medicine	22602
or osteopathic medicine at least once a week due to the	22603
instability of the child's medical condition.	22604

(2) The child requires the services of a registered nurse on	22605
a daily basis.	22606

(3) The child is at risk of institutionalization in a	22607
hospital, skilled nursing facility, or intermediate care facility	22608
for the mentally retarded.	22609

(U) A child may be identified as "other health	22610
handicapped-major" if the child's condition meets the definition	22611
of "other health impaired" established in rules adopted by the	22612
state board of education prior to July 1, 2001, and if either of	22613
the following apply:	22614

(1) The child is identified as having a medical condition	22615
that is among those listed by the superintendent of public	22616
instruction as conditions where a substantial majority of cases	22617
fall within the definition of "medically fragile child." The	22618
superintendent of public instruction shall issue an initial list	22619
no later than September 1, 2001.	22620

(2) The child is determined by the superintendent of public	22621
instruction to be a medically fragile child. A school district	22622
superintendent may petition the superintendent of public	22623
instruction for a determination that a child is a medically	22624
fragile child.	22625

(V) A child may be identified as "other health	22626
handicapped-minor" if the child's condition meets the definition	22627
of "other health impaired" established in rules adopted by the	22628
state board of education prior to July 1, 2001, but the child's	22629
condition does not meet either of the conditions specified in	22630
division (U)(1) or (2) of this section.	22631

(W) "SF-3 payment" means the sum of the payments to a school	22632
district in a fiscal year under divisions (A), (C)(1), (C)(4),	22633
(D), (E), and (F) of section 3317.022, divisions (J), (P), and (R)	22634
of section 3317.024, and sections 3317.029, 3317.0216, 3317.0217,	22635
3317.04, 3317.05, 3317.052, and 3317.053 of the Revised Code after	22636
making the adjustments required by sections 3313.981 and 3313.979	22637
of the Revised Code, divisions (B), (C), (D), (E), (K), (L), (M),	22638
and (N) of section 3317.023, and division (C) of section 3317.20	22639
of the Revised Code.	22640

Sec. 3317.021. (A) On or before the first day of June of	22641
each year, the tax commissioner shall certify to the department of	22642
education the following information for each city, exempted	22643
village, and local school district, and the information required	22644
by divisions (A)(1) and (2) of this section for each joint	22645
vocational school district, and it shall be used, along with the	22646
information certified under division (B) of this section, in	22647
making the computations for the district under sections 3317.022	22648
and 3317.0217 or section 3317.16 of the Revised Code:	22649

(1) The taxable value of real and public utility real	22650
property in the school district subject to taxation in the	22651
preceding tax year, by class and by county of location;	22652

(2) The taxable value of tangible personal property,	22653
including public utility personal property, subject to taxation by	22654
the district for the preceding tax year;	22655

(3)(a) The total property tax rate and total taxes charged	22656
and payable for the current expenses for the preceding tax year	22657
for each city, local, and exempted village school district,	22658
including the total property tax rate and the total taxes charged	22659
and payable to a joint vocational district for the preceding tax	22660
year that are limited to or to the extent apportioned to current	22661
expenses;	22662

(b) The portion of the amount of taxes charged and payable	22663
reported for each city, local, and exempted village school	22664
district under division (A)(3)(a) of this section excluding those	22665
taxes attributable to a joint vocational school district.	22666

(4) The value of all real and public utility real property in	22667
the school district exempted from taxation minus both of the	22668
following:	22669

(a) The value of real and public utility real property in the	22670
district owned by the United States government and used	22671
exclusively for a public purpose;	22672

(b) The value of real and public utility real property in the	22673
district exempted from taxation under Chapter 725. or 1728. or	22674
section 3735.67, 5709.40, 5709.41, 5709.62, 5709.63, 5709.632,	22675
5709.73, or 5709.78 of the Revised Code.	22676

(5) The total federal adjusted gross income of the residents	22677
of the school district, based on tax returns filed by the	22678
residents of the district, for the most recent year for which this	22679
information is available.	22680

(B) On or before the first day of May each year, the tax	22681
commissioner shall certify to the department of education the	22682
total taxable real property value of railroads and, separately,	22683
the total taxable tangible personal property value of all public	22684
utilities for the preceding tax year, by school district and by	22685
county of location.	22686

(C) If a public utility has properly and timely filed a	22687
petition for reassessment under section 5727.47 of the Revised	22688
Code with respect to an assessment issued under section 5727.23 of	22689
the Revised Code affecting taxable property apportioned by the tax	22690
commissioner to a school district, the taxable value of, and taxes	22691
charged and payable on, public utility tangible personal property	22692
included in the certification under divisions (A)(2), (A)(3), and	22693
(B) of this section for the school district shall include only the	22694
amount of taxable value on the basis of which the public utility	22695
paid tax for the preceding year as provided in division (B)(1) or	22696
(2) of section 5727.47 of the Revised Code for a certification	22697
under divisions (A)(2) and (B) of this section, and shall include	22698
only the amount of taxes charged and payable that the public	22699
utility paid for the preceding year as provided in division (B)(1)	22700
or (2) of section 5727.47 of the Revised Code for a certification	22701
under division (A)(3) of this section.	22702

(D) If on the basis of the information certified under	22703
division (A) of this section, the department determines that any	22704
district fails in any year to meet the qualification requirement	22705
specified in division (A) of section 3317.01 of the Revised Code,	22706
the department shall immediately request the tax commissioner to	22707
determine the extent to which any school district income tax	22708
levied by the district under Chapter 5748. of the Revised Code	22709
shall be included in meeting that requirement. Within five days of	22710
receiving such a request from the department, the tax commissioner	22711
shall make the determination required by this division and report	22712
the quotient obtained under division (D)(3) of this section to the	22713
department. This quotient represents the number of mills that the	22714
department shall include in determining whether the district meets	22715
the qualification requirement of division (A) of section 3317.01	22716
of the Revised Code.	22717

The tax commissioner shall make the determination required by	22718
this division as follows:	22719

(1) Multiply one mill times the total taxable value of the	22720
district as determined in divisions (A)(1) and (2) of this	22721
section;	22722

(2) Estimate the total amount of tax liability for the	22723
current tax year under taxes levied by Chapter 5748. of the	22724
Revised Code that are apportioned to current operating expenses of	22725
the district;	22726

(3) Divide the amount estimated under division (D)(2) of this	22727
section by the product obtained under division (D)(1) of this	22728
section.	22729

Sec. 3317.022. (A)~~(1)~~ The department of education shall	22730
compute and distribute state base cost funding to each school	22731
district for the fiscal year ~~in accordance with the following~~	22732
~~formula, making any adjustment required by division (A)(2) of this~~	22733
~~section and~~ using the information obtained under section 3317.021	22734
of the Revised Code in the calendar year in which the fiscal year	22735
begins.	22736

(1) Compute the following for each eligible district:

22737

[(~~cost-of-doing-business factor X~~

22738

the formula amount X

22739

formula ADM) + the sum of the base funding supplements prescribed	22740
in divisions (C)(1) to (4) of section 3317.012 of the Revised	22741
Code] -	22742

(.023 X recognized valuation)

22743

If the difference obtained is a negative number, the	22744
district's computation shall be zero.	22745

(2) Compute both of the following for each school district:

22746

(a) The difference of (i) the district's fiscal year 2005	22747
base cost payment under the version of division (A)(1) of this	22748
section in effect in fiscal year 2005, minus (ii) the amount	22749
computed for the district for the current fiscal year under	22750
current division (A)(1) of this section;	22751

(b) The following amount:

22752

[(fiscal year 2005 base cost payment/fiscal year 2005 formula

22753

ADM) X current year formula ADM] minus the amount computed for the

22754

district under current division (A)(1) of this section

22755

If one of the amounts computed under division (A)(2)(a) or	22756
(b) of this section is a positive amount, the department shall pay	22757
the district that amount in addition to the amount calculated	22758
under division (A)(1) of this section. If both amounts are	22759
positive amounts, the department shall pay the district the lesser	22760
of the two amounts in addition to the amount calculated under	22761
division (A)(1) of this section.	22762

(3)(a) For each school district for which the tax exempt	22763
value of the district equals or exceeds twenty-five per cent of	22764
the potential value of the district, the department of education	22765
shall calculate the difference between the district's tax exempt	22766
value and twenty-five per cent of the district's potential value.	22767

(b) For each school district to which division (A)~~(2)~~(3)(a)	22768
of this section applies, the department shall adjust the	22769
recognized valuation used in the calculation under division (A)(1)	22770
of this section by subtracting from it the amount calculated under	22771
division (A)~~(2)~~(3)(a) of this section.	22772

(B) As used in this section:

22773

(1) The "total special education weight" for a district means	22774
the sum of the following amounts:	22775

(a) The district's category one special education ADM	22776
multiplied by the multiple specified in division (A) of section	22777
3317.013 of the Revised Code;	22778

(b) The district's category two special education ADM	22779
multiplied by the multiple specified in division (B) of section	22780
3317.013 of the Revised Code;	22781

(c) The district's category three special education ADM	22782
multiplied by the multiple specified in division (C) of section	22783
3317.013 of the Revised Code;	22784

(d) The district's category four special education ADM	22785
multiplied by the multiple specified in division (D) of section	22786
3317.013 of the Revised Code;	22787

(e) The district's category five special education ADM	22788
multiplied by the multiple specified in division (E) of section	22789
3317.013 of the Revised Code;	22790

(f) The district's category six special education ADM	22791
multiplied by the multiple specified in division (F) of section	22792
3317.013 of the Revised Code.	22793

(2) "State share percentage" means the percentage calculated	22794
for a district as follows:	22795

(a) Calculate the state base cost funding amount for the	22796
district for the fiscal year under division (A) of this section.	22797
If the district would not receive any state base cost funding for	22798
that year under that division, the district's state share	22799
percentage is zero.	22800

(b) If the district would receive state base cost funding	22801
under that division, divide that amount by an amount equal to the	22802
following:	22803

~~Cost-of-doing-business factor X~~

22804

(the formula amount X

22805

formula ADM) + the sum of the base funding supplements prescribed	22806
in divisions (C)(1) to (4) of section 3317.012 of the Revised Code	22807

The resultant number is the district's state share	22808
percentage.	22809

(3) "Related services" includes:

22810

(a) Child study, special education supervisors and	22811
coordinators, speech and hearing services, adaptive physical	22812
development services, occupational or physical therapy, teacher	22813
assistants for handicapped children whose handicaps are described	22814
in division (B) of section 3317.013 or division (F)(3) of section	22815
3317.02 of the Revised Code, behavioral intervention, interpreter	22816
services, work study, nursing services, and specialized	22817
integrative services as those terms are defined by the department;	22818

(b) Speech and language services provided to any student with	22819
a handicap, including any student whose primary or only handicap	22820
is a speech and language handicap;	22821

(c) Any related service not specifically covered by other	22822
state funds but specified in federal law, including but not	22823
limited to, audiology and school psychological services;	22824

(d) Any service included in units funded under former	22825
division (O)(1) of section 3317.023 of the Revised Code;	22826

(e) Any other related service needed by handicapped children	22827
in accordance with their individualized education plans.	22828

(4) The "total vocational education weight" for a district	22829
means the sum of the following amounts:	22830

(a) The district's category one vocational education ADM	22831
multiplied by the multiple specified in division (A) of section	22832
3317.014 of the Revised Code;	22833

(b) The district's category two vocational education ADM	22834
multiplied by the multiple specified in division (B) of section	22835
3317.014 of the Revised Code.	22836

(C)(1) The department shall compute and distribute state	22837
special education and related services additional weighted costs	22838
funds to each school district in accordance with the following	22839
formula:	22840

The district's state share percentage

22841

X the formula amount for the year

22842

for which the aid is calculated

22843

X the district's total special education weight

22844

(2) The attributed local share of special education and	22845
related services additional weighted costs equals:	22846

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

22847

the district's total special education weight X

22848

the formula amount

22849

(3)(a) The department shall compute and pay in accordance	22850
with this division additional state aid to school districts for	22851
students in categories two through six special education ADM. If a	22852
district's costs for the fiscal year for a student in its	22853
categories two through six special education ADM exceed the	22854
threshold catastrophic cost for serving the student, the district	22855
may submit to the superintendent of public instruction	22856
documentation, as prescribed by the superintendent, of all its	22857
costs for that student. Upon submission of documentation for a	22858
student of the type and in the manner prescribed, the department	22859
shall pay to the district an amount equal to the sum of the	22860
following:	22861

(i) One-half of the district's costs for the student in	22862
excess of the threshold catastrophic cost;	22863

(ii) The product of one-half of the district's costs for the	22864
student in excess of the threshold catastrophic cost multiplied by	22865
the district's state share percentage.	22866

(b) For purposes of division (C)(3)(a) of this section, the	22867
threshold catastrophic cost for serving a student equals:	22868

(i) For a student in the school district's category two,	22869
three, four, or five special education ADM, twenty-five thousand	22870
dollars in fiscal year 2002 ~~and~~, twenty-five thousand seven	22871
hundred dollars in fiscal years 2003, 2004, and 2005, and	22872
twenty-six thousand five hundred dollars in fiscal years 2006 and	22873
2007;	22874

(ii) For a student in the district's category six special	22875
education ADM, thirty thousand dollars in fiscal year 2002 ~~and~~,	22876
thirty thousand eight hundred forty dollars in fiscal years 2003,	22877
2004, and 2005, and thirty-one thousand eight hundred dollars in	22878
fiscal years 2006 and 2007.	22879

(c) The district shall only report under division (C)(3)(a)	22880
of this section, and the department shall only pay for, the costs	22881
of educational expenses and the related services provided to the	22882
student in accordance with the student's individualized education	22883
program. Any legal fees, court costs, or other costs associated	22884
with any cause of action relating to the student may not be	22885
included in the amount.	22886

(4)(a) As used in this division, the "personnel allowance"	22887
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	22888
~~and~~, 2005, 2006, and 2007.	22889

(b) For the provision of speech language pathology services	22890
to students, including students who do not have individualized	22891
education programs prepared for them under Chapter 3323. of the	22892
Revised Code, and for no other purpose, the department of	22893
education shall pay each school district an amount calculated	22894
under the following formula:	22895

(formula ADM divided by 2000) X

22896

the personnel allowance X the state share percentage

22897

(5) In any fiscal year, a school district shall spend for	22898
purposes that the department designates as approved for special	22899
education and related services expenses at least the amount	22900
calculated as follows:	22901

~~(cost-of-doing-business factor X~~

22902

formula amount X the sum of categories

22903

one through six special education ADM) +	22904

(total special education weight X formula amount)

22905

The purposes approved by the department for special education	22906
expenses shall include, but shall not be limited to,	22907
identification of handicapped children, compliance with state	22908
rules governing the education of handicapped children and	22909
prescribing the continuum of program options for handicapped	22910
children, provision of speech language pathology services, and the	22911
portion of the school district's overall administrative and	22912
overhead costs that are attributable to the district's special	22913
education student population.	22914

The department shall require school districts to report data	22915
annually to allow for monitoring compliance with division (C)(5)	22916
of this section. The department shall annually report to the	22917
governor and the general assembly the amount of money spent by	22918
each school district for special education and related services.	22919

(6) In any fiscal year, a school district shall spend for the	22920
provision of speech language pathology services not less than the	22921
sum of the amount calculated under division (C)(1) of this section	22922
for the students in the district's category one special education	22923
ADM and the amount calculated under division (C)(4) of this	22924
section.	22925

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

22926

(a) "Daily bus miles per student" equals the number of bus	22927
miles traveled per day, divided by transportation base.	22928

(b) "Transportation base" equals total student count as	22929
defined in section 3301.011 of the Revised Code, minus the number	22930
of students enrolled in preschool handicapped units, plus the	22931
number of nonpublic school students included in transportation	22932
ADM.	22933

(c) "Transported student percentage" equals transportation	22934
ADM divided by transportation base.	22935

(d) "Transportation cost per student" equals total operating	22936
costs for board-owned or contractor-operated school buses divided	22937
by transportation base.	22938

(2) Analysis of student transportation cost data has resulted	22939
in a finding that an average efficient transportation use cost per	22940
student can be calculated by means of a regression formula that	22941
has as its two independent variables the number of daily bus miles	22942
per student and the transported student percentage. For fiscal	22943
year 1998 transportation cost data, the average efficient	22944
transportation use cost per student is expressed as follows:	22945

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

22946

(116.25573 X transported student percentage)

22947

The department of education shall annually determine the	22948
average efficient transportation use cost per student in	22949
accordance with the principles stated in division (D)(2) of this	22950
section, updating the intercept and regression coefficients of the	22951
regression formula modeled in this division, based on an annual	22952
statewide analysis of each school district's daily bus miles per	22953
student, transported student percentage, and transportation cost	22954
per student data. The department shall conduct the annual update	22955
using data, including daily bus miles per student, transported	22956
student percentage, and transportation cost per student data, from	22957
the prior fiscal year. The department shall notify the office of	22958
budget and management of such update by the fifteenth day of	22959
February of each year.	22960

(3) In addition to funds paid under divisions (A), (C), and	22961
(E) of this section, each district with a transported student	22962
percentage greater than zero shall receive a payment equal to a	22963
percentage of the product of the district's transportation base	22964
from the prior fiscal year times the annually updated average	22965
efficient transportation use cost per student, times an inflation	22966
factor of two and eight tenths per cent to account for the	22967
one-year difference between the data used in updating the formula	22968
and calculating the payment and the year in which the payment is	22969
made. The percentage shall be the following percentage of that	22970
product specified for the corresponding fiscal year:	22971

FISCAL YEAR	PERCENTAGE	22972
2000	52.5%	22973
2001	55%	22974
2002	57.5%	22975
2003 and thereafter	The greater of 60% or the district's state share percentage	22976

The payments made under division (D)(3) of this section each	22977
year shall be calculated based on all of the same prior year's	22978
data used to update the formula.	22979

(4) In addition to funds paid under divisions (D)(2) and (3)	22980
of this section, a school district shall receive a rough road	22981
subsidy if both of the following apply:	22982

(a) Its county rough road percentage is higher than the	22983
statewide rough road percentage, as those terms are defined in	22984
division (D)(5) of this section;	22985

(b) Its district student density is lower than the statewide	22986
student density, as those terms are defined in that division.	22987

(5) The rough road subsidy paid to each district meeting the	22988
qualifications of division (D)(4) of this section shall be	22989
calculated in accordance with the following formula:	22990

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

22991

density multiplier

22992

where:

22993

(a) "Per rough mile subsidy" equals the amount calculated in	22994
accordance with the following formula:	22995

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

22996

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

22997

statewide rough road percentage)]}

22998

(i) "Maximum rough road percentage" means the highest county	22999
rough road percentage in the state.	23000

(ii) "County rough road percentage" equals the percentage of	23001
the mileage of state, municipal, county, and township roads that	23002
is rated by the department of transportation as type A, B, C, E2,	23003
or F in the county in which the school district is located or, if	23004
the district is located in more than one county, the county to	23005
which it is assigned for purposes of determining its	23006
cost-of-doing-business factor.	23007

(iii) "Statewide rough road percentage" means the percentage	23008
of the statewide total mileage of state, municipal, county, and	23009
township roads that is rated as type A, B, C, E2, or F by the	23010
department of transportation.	23011

(b) "Total rough road miles" means a school district's total	23012
bus miles traveled in one year times its county rough road	23013
percentage.	23014

(c) "Density multiplier" means a figure calculated in	23015
accordance with the following formula:	23016

1 - [(minimum student density - district student

23017

density)/(minimum student density -

23018

statewide student density)]

23019

(i) "Minimum student density" means the lowest district	23020
student density in the state.	23021

(ii) "District student density" means a school district's	23022
transportation base divided by the number of square miles in the	23023
district.	23024

(iii) "Statewide student density" means the sum of the	23025
transportation bases for all school districts divided by the sum	23026
of the square miles in all school districts.	23027

(6) In addition to funds paid under divisions (D)(2) to (5)	23028
of this section, each district shall receive in accordance with	23029
rules adopted by the state board of education a payment for	23030
students transported by means other than board-owned or	23031
contractor-operated buses and whose transportation is not funded	23032
under division (J) of section 3317.024 of the Revised Code. The	23033
rules shall include provisions for school district reporting of	23034
such students.	23035

(E)(1) The department shall compute and distribute state	23036
vocational education additional weighted costs funds to each	23037
school district in accordance with the following formula:	23038

state share percentage X

23039

the formula amount X

23040

total vocational education weight

23041

In any fiscal year, a school district receiving funds under	23042
division (E)(1) of this section shall spend those funds only for	23043
the purposes that the department designates as approved for	23044
vocational education expenses. Vocational educational expenses	23045
approved by the department shall include only expenses connected	23046
to the delivery of career-technical programming to	23047
career-technical students. The department shall require the school	23048
district to report data annually so that the department may	23049
monitor the district's compliance with the requirements regarding	23050
the manner in which funding received under division (E)(1) of this	23051
section may be spent.	23052

(2) The department shall compute for each school district	23053
state funds for vocational education associated services in	23054
accordance with the following formula:	23055

state share percentage X .05 X

23056

the formula amount X the sum of categories one and two

23057

vocational education ADM

23058

In any fiscal year, a school district receiving funds under	23059
division (E)(2) of this section, or through a transfer of funds	23060
pursuant to division (L) of section 3317.023 of the Revised Code,	23061
shall spend those funds only for the purposes that the department	23062
designates as approved for vocational education associated	23063
services expenses, which may include such purposes as	23064
apprenticeship coordinators, coordinators for other vocational	23065
education services, vocational evaluation, and other purposes	23066
designated by the department. The department may deny payment	23067
under division (E)(2) of this section to any district that the	23068
department determines is not operating those services or is using	23069
funds paid under division (E)(2) of this section, or through a	23070
transfer of funds pursuant to division (L) of section 3317.023 of	23071
the Revised Code, for other purposes.	23072

(F) The actual local share in any fiscal year for the	23073
combination of special education and related services additional	23074
weighted costs funding calculated under division (C)(1) of this	23075
section, transportation funding calculated under divisions (D)(2)	23076
and (3) of this section, and vocational education and associated	23077
services additional weighted costs funding calculated under	23078
divisions (E)(1) and (2) of this section shall not exceed for any	23079
school district the product of three and three-tenths mills times	23080
the district's recognized valuation. The department annually shall	23081
pay each school district as an excess cost supplement any amount	23082
by which the sum of the district's attributed local shares for	23083
that funding exceeds that product. For purposes of calculating the	23084
excess cost supplement:	23085

(1) The attributed local share for special education and	23086
related services additional weighted costs funding is the amount	23087
specified in division (C)(2) of this section.	23088

(2) The attributed local share of transportation funding	23089
equals the difference of the total amount calculated for the	23090
district using the formula developed under division (D)(2) of this	23091
section minus the actual amount paid to the district after	23092
applying the percentage specified in division (D)(3) of this	23093
section.	23094

(3) The attributed local share of vocational education and	23095
associated services additional weighted costs funding is the	23096
amount determined as follows:	23097

(1 - state share percentage) X

23098

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

23099

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

23100

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	23101
Revised Code, the amounts required to be paid to a district under	23102
this chapter shall be adjusted by the amount of the computations	23103
made under divisions (B) to ~~(M)~~(N) of this section.	23104

As used in this section:

23105

(1) "Classroom teacher" means a licensed employee who	23106
provides direct instruction to pupils, excluding teachers funded	23107
from money paid to the district from federal sources; educational	23108
service personnel; and vocational and special education teachers.	23109

(2) "Educational service personnel" shall not include such	23110
specialists funded from money paid to the district from federal	23111
sources or assigned full-time to vocational or special education	23112
students and classes and may only include those persons employed	23113
in the eight specialist areas in a pattern approved by the	23114
department of education under guidelines established by the state	23115
board of education.	23116

(3) "Annual salary" means the annual base salary stated in	23117
the state minimum salary schedule for the performance of the	23118
teacher's regular teaching duties that the teacher earns for	23119
services rendered for the first full week of October of the fiscal	23120
year for which the adjustment is made under division (C) of this	23121
section. It shall not include any salary payments for supplemental	23122
teachers contracts.	23123

(4) "Regular student population" means the formula ADM plus	23124
the number of students reported as enrolled in the district	23125
pursuant to division (A)(1) of section 3313.981 of the Revised	23126
Code; minus the number of students reported under division (A)(2)	23127
of section 3317.03 of the Revised Code; minus the FTE of students	23128
reported under division (B)(6), (7), (8), (9), (10), (11), or (12)	23129
of that section who are enrolled in a vocational education class	23130
or receiving special education; and minus twenty per cent of the	23131
students enrolled concurrently in a joint vocational school	23132
district.	23133

(5) "State share percentage" has the same meaning as in	23134
section 3317.022 of the Revised Code.	23135

(6) "VEPD" means a school district or group of school	23136
districts designated by the department of education as being	23137
responsible for the planning for and provision of vocational	23138
education services to students within the district or group.	23139

(7) "Lead district" means a school district, including a	23140
joint vocational school district, designated by the department as	23141
a VEPD, or designated to provide primary vocational education	23142
leadership within a VEPD composed of a group of districts.	23143

(B) If the district employs less than one full-time	23144
equivalent classroom teacher for each twenty-five pupils in the	23145
regular student population in any school district, deduct the sum	23146
of the amounts obtained from the following computations:	23147

(1) Divide the number of the district's full-time equivalent	23148
classroom teachers employed by one twenty-fifth;	23149

(2) Subtract the quotient in (1) from the district's regular	23150
student population;	23151

(3) Multiply the difference in (2) by seven hundred fifty-two	23152
dollars.	23153

(C) If a positive amount, add one-half of the amount obtained	23154
by multiplying the number of full-time equivalent classroom	23155
teachers by:	23156

(1) The mean annual salary of all full-time equivalent	23157
classroom teachers employed by the district at their respective	23158
training and experience levels minus;	23159

(2) The mean annual salary of all such teachers at their	23160
respective levels in all school districts receiving payments under	23161
this section.	23162

The number of full-time equivalent classroom teachers used in	23163
this computation shall not exceed one twenty-fifth of the	23164
district's regular student population. In calculating the	23165
district's mean salary under this division, those full-time	23166
equivalent classroom teachers with the highest training level	23167
shall be counted first, those with the next highest training level	23168
second, and so on, in descending order. Within the respective	23169
training levels, teachers with the highest years of service shall	23170
be counted first, the next highest years of service second, and so	23171
on, in descending order.	23172

(D) This division does not apply to a school district that	23173
has entered into an agreement under division (A) of section	23174
3313.42 of the Revised Code. Deduct the amount obtained from the	23175
following computations if the district employs fewer than five	23176
full-time equivalent educational service personnel, including	23177
elementary school art, music, and physical education teachers,	23178
counselors, librarians, visiting teachers, school social workers,	23179
and school nurses for each one thousand pupils in the regular	23180
student population:	23181

(1) Divide the number of full-time equivalent educational	23182
service personnel employed by the district by five	23183
one-thousandths;	23184

(2) Subtract the quotient in (1) from the district's regular	23185
student population;	23186

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

23187

(E) If a local school district, or a city or exempted village	23188
school district to which a governing board of an educational	23189
service center provides services pursuant to section 3313.843 of	23190
the Revised Code, deduct the amount of the payment required for	23191
the reimbursement of the governing board under section 3317.11 of	23192
the Revised Code.	23193

(F)(1) If the district is required to pay to or entitled to	23194
receive tuition from another school district under division (C)(2)	23195
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	23196
or if the superintendent of public instruction is required to	23197
determine the correct amount of tuition and make a deduction or	23198
credit under section 3317.08 of the Revised Code, deduct and	23199
credit such amounts as provided in division (J) of section 3313.64	23200
or section 3317.08 of the Revised Code.	23201

(2) For each child for whom the district is responsible for	23202
tuition or payment under division (A)(1) of section 3317.082 or	23203
section 3323.091 of the Revised Code, deduct the amount of tuition	23204
or payment for which the district is responsible.	23205

(G) If the district has been certified by the superintendent	23206
of public instruction under section 3313.90 of the Revised Code as	23207
not in compliance with the requirements of that section, deduct an	23208
amount equal to ten per cent of the amount computed for the	23209
district under section 3317.022 of the Revised Code.	23210

(H) If the district has received a loan from a commercial	23211
lending institution for which payments are made by the	23212
superintendent of public instruction pursuant to division (E)(3)	23213
of section 3313.483 of the Revised Code, deduct an amount equal to	23214
such payments.	23215

(I)(1) If the district is a party to an agreement entered	23216
into under division (D), (E), or (F) of section 3311.06 or	23217
division (B) of section 3311.24 of the Revised Code and is	23218
obligated to make payments to another district under such an	23219
agreement, deduct an amount equal to such payments if the district	23220
school board notifies the department in writing that it wishes to	23221
have such payments deducted.	23222

(2) If the district is entitled to receive payments from	23223
another district that has notified the department to deduct such	23224
payments under division (I)(1) of this section, add the amount of	23225
such payments.	23226

(J) If the district is required to pay an amount of funds to	23227
a cooperative education district pursuant to a provision described	23228
by division (B)(4) of section 3311.52 or division (B)(8) of	23229
section 3311.521 of the Revised Code, deduct such amounts as	23230
provided under that provision and credit those amounts to the	23231
cooperative education district for payment to the district under	23232
division (B)(1) of section 3317.19 of the Revised Code.	23233

(K)(1) If a district is educating a student entitled to	23234
attend school in another district pursuant to a shared education	23235
contract, compact, or cooperative education agreement other than	23236
an agreement entered into pursuant to section 3313.842 of the	23237
Revised Code, credit to that educating district on an FTE basis	23238
both of the following:	23239

(a) An amount equal to the greater of the following:

23240

(i) The fiscal year 2005 formula amount times the fiscal year	23241
2005 cost of doing business factor of the school district where	23242
the student is entitled to attend school pursuant to section	23243
3313.64 or 3313.65 of the Revised Code;	23244

(ii) The sum of the current formula amount plus the per pupil	23245
amount of the base funding supplements specified in divisions	23246
(C)(1) to (4) of section 3317.012 of the Revised Code.	23247

(b) An amount equal to the current formula amount times the	23248
state share percentage times any multiple applicable to the	23249
student pursuant to section 3317.013 or 3317.014 of the Revised	23250
Code.	23251

(2) Deduct any amount credited pursuant to division (K)(1) of	23252
this section from amounts paid to the school district in which the	23253
student is entitled to attend school pursuant to section 3313.64	23254
or 3313.65 of the Revised Code.	23255

(3) If the district is required by a shared education	23256
contract, compact, or cooperative education agreement to make	23257
payments to an educational service center, deduct the amounts from	23258
payments to the district and add them to the amounts paid to the	23259
service center pursuant to section 3317.11 of the Revised Code.	23260

(L)(1) If a district, including a joint vocational school	23261
district, is a lead district of a VEPD, credit to that district	23262
the amounts calculated for all the school districts within that	23263
VEPD pursuant to division (E)(2) of section 3317.022 of the	23264
Revised Code.	23265

(2) Deduct from each appropriate district that is not a lead	23266
district, the amount attributable to that district that is	23267
credited to a lead district under division (L)(1) of this section.	23268

(M) If the department pays a joint vocational school district	23269
under division (G)(4) of section 3317.16 of the Revised Code for	23270
excess costs of providing special education and related services	23271
to a handicapped student, as calculated under division (G)(2) of	23272
that section, the department shall deduct the amount of that	23273
payment from the city, local, or exempted village school district	23274
that is responsible as specified in that section for the excess	23275
costs.	23276

(N)(1) If the district reports an amount of excess cost for	23277
special education services for a child under division (C) of	23278
section 3323.14 of the Revised Code, the department shall pay that	23279
amount to the district.	23280

(2) If the district reports an amount of excess cost for	23281
special education services for a child under division (C) of	23282
section 3323.14 of the Revised Code, the department shall deduct	23283
that amount from the district of residence of that child.	23284

Sec. 3317.024. In addition to the moneys paid to eligible	23285
school districts pursuant to section 3317.022 of the Revised Code,	23286
moneys appropriated for the education programs in divisions (A) to	23287
(H), (J) to (L), (O), (P), and (R) of this section shall be	23288
distributed to school districts meeting the requirements of	23289
section 3317.01 of the Revised Code; in the case of divisions (J)	23290
and (P) of this section, to educational service centers as	23291
provided in section 3317.11 of the Revised Code; in the case of	23292
divisions (E), (M), and (N) of this section, to county MR/DD	23293
boards; in the case of division (R) of this section, to joint	23294
vocational school districts; in the case of division (K) of this	23295
section, to cooperative education school districts; and in the	23296
case of division (Q) of this section, to the institutions defined	23297
under section 3317.082 of the Revised Code providing elementary or	23298
secondary education programs to children other than children	23299
receiving special education under section 3323.091 of the Revised	23300
Code. The following shall be distributed monthly, quarterly, or	23301
annually as may be determined by the state board of education:	23302

(A) A per pupil amount to each school district that	23303
establishes a summer school remediation program that complies with	23304
rules of the state board of education.	23305

(B) An amount for each island school district and each joint	23306
state school district for the operation of each high school and	23307
each elementary school maintained within such district and for	23308
capital improvements for such schools. Such amounts shall be	23309
determined on the basis of standards adopted by the state board of	23310
education.	23311

(C) An amount for each school district operating classes for	23312
children of migrant workers who are unable to be in attendance in	23313
an Ohio school during the entire regular school year. The amounts	23314
shall be determined on the basis of standards adopted by the state	23315
board of education, except that payment shall be made only for	23316
subjects regularly offered by the school district providing the	23317
classes.	23318

(D) An amount for each school district with guidance,	23319
testing, and counseling programs approved by the state board of	23320
education. The amount shall be determined on the basis of	23321
standards adopted by the state board of education.	23322

(E) An amount for the emergency purchase of school buses as	23323
provided for in section 3317.07 of the Revised Code;	23324

(F) An amount for each school district required to pay	23325
tuition for a child in an institution maintained by the department	23326
of youth services pursuant to section 3317.082 of the Revised	23327
Code, provided the child was not included in the calculation of	23328
the district's average daily membership for the preceding school	23329
year.	23330

(G) In fiscal year 2000 only, an amount to each school	23331
district for supplemental salary allowances for each licensed	23332
employee except those licensees serving as superintendents,	23333
assistant superintendents, principals, or assistant principals,	23334
whose term of service in any year is extended beyond the term of	23335
service of regular classroom teachers, as described in section	23336
3301.0725 of the Revised Code;	23337

(H) An amount for adult basic literacy education for each	23338
district participating in programs approved by the state board of	23339
education. The amount shall be determined on the basis of	23340
standards adopted by the state board of education.	23341

(I) Notwithstanding section 3317.01 of the Revised Code, but	23342
only until June 30, 1999, to each city, local, and exempted	23343
village school district, an amount for conducting driver education	23344
courses at high schools for which the state board of education	23345
prescribes minimum standards and to joint vocational and	23346
cooperative education school districts and educational service	23347
centers, an amount for conducting driver education courses to	23348
pupils enrolled in a high school for which the state board	23349
prescribes minimum standards. No payments shall be made under this	23350
division after June 30, 1999.	23351

(J) An amount for the approved cost of transporting	23352
~~developmentally handicapped~~eligible pupils with disabilities	23353
attending a special education program approved by the department	23354
of education whom it is impossible or impractical to transport by	23355
regular school bus in the course of regular route transportation	23356
provided by the district or service center. No district or service	23357
center is eligible to receive a payment under this division for	23358
the cost of transporting any pupil whom it transports by regular	23359
school bus and who is included in the district's transportation	23360
ADM. The state board of education shall establish standards and	23361
guidelines for use by the department of education in determining	23362
the approved cost of such transportation for each district or	23363
service center.	23364

(K) An amount to each school district, including each	23365
cooperative education school district, pursuant to section 3313.81	23366
of the Revised Code to assist in providing free lunches to needy	23367
children and an amount to assist needy school districts in	23368
purchasing necessary equipment for food preparation. The amounts	23369
shall be determined on the basis of rules adopted by the state	23370
board of education.	23371

(L) An amount to each school district, for each pupil	23372
attending a chartered nonpublic elementary or high school within	23373
the district. The amount shall equal the amount appropriated for	23374
the implementation of section 3317.06 of the Revised Code divided	23375
by the average daily membership in grades kindergarten through	23376
twelve in nonpublic elementary and high schools within the state	23377
as determined during the first full week in October of each school	23378
year.	23379

(M) An amount for each county MR/DD board, distributed on the	23380
basis of standards adopted by the state board of education, for	23381
the approved cost of transportation required for children	23382
attending special education programs operated by the county MR/DD	23383
board under section 3323.09 of the Revised Code;	23384

(N) An amount for each county MR/DD board, distributed on the	23385
basis of standards adopted by the state board of education, for	23386
supportive home services for preschool children;	23387

(O) An amount for each school district that establishes a	23388
mentor teacher program that complies with rules of the state board	23389
of education. No school district shall be required to establish or	23390
maintain such a program in any year unless sufficient funds are	23391
appropriated to cover the district's total costs for the program.	23392

(P) An amount to each school district or educational service	23393
center for the total number of gifted units approved pursuant to	23394
section 3317.05 of the Revised Code. The amount for each such unit	23395
shall be the sum of the minimum salary for the teacher of the	23396
unit, calculated on the basis of the teacher's training level and	23397
years of experience pursuant to the salary schedule prescribed in	23398
the version of section 3317.13 of the Revised Code in effect prior	23399
to July 1, 2001, plus fifteen per cent of that minimum salary	23400
amount, plus two thousand six hundred seventy-eight dollars.	23401

(Q) An amount to each institution defined under section	23402
3317.082 of the Revised Code providing elementary or secondary	23403
education to children other than children receiving special	23404
education under section 3323.091 of the Revised Code. This amount	23405
for any institution in any fiscal year shall equal the total of	23406
all tuition amounts required to be paid to the institution under	23407
division (A)(1) of section 3317.082 of the Revised Code.	23408

(R) A grant to each school district and joint vocational	23409
school district that operates a "graduation, reality, and	23410
dual-role skills" (GRADS) program for pregnant and parenting	23411
students that is approved by the department. The amount of the	23412
payment shall be the district's state share percentage, as defined	23413
in section 3317.022 or 3317.16 of the Revised Code, times the	23414
GRADS personnel allowance times the full-time-equivalent number of	23415
GRADS teachers approved by the department. The GRADS personnel	23416
allowance is $47,555 in fiscal years 2004 ~~and~~, 2005, 2006, and	23417
2007.	23418

The state board of education or any other board of education	23419
or governing board may provide for any resident of a district or	23420
educational service center territory any educational service for	23421
which funds are made available to the board by the United States	23422
under the authority of public law, whether such funds come	23423
directly or indirectly from the United States or any agency or	23424
department thereof or through the state or any agency, department,	23425
or political subdivision thereof.	23426

Sec. 3317.026. (A) As used in this section, "refunded taxes"	23427
means taxes charged and payable from real and tangible personal	23428
property, including public utility property, that have been found	23429
to have been overpaid as the result of reductions in the taxable	23430
value of such property and that have been refunded, including any	23431
interest or penalty refunded with those taxes. If taxes are	23432
refunded over a period of time pursuant to division (B)(2), (3),	23433
or (4) of section 319.36 or division (C) of section 5727.471 of	23434
the Revised Code, the total amount of taxes required to be	23435
refunded, excluding any interest accruing after the day the	23436
undertaking is entered into, shall be considered to have been	23437
refunded on the day the first portion of the overpayment is paid	23438
or credited.	23439

(B) Not later than the last day of February each year, each	23440
county auditor shall certify to the tax commissioner, for each	23441
school district in the county, the amount of refunded taxes	23442
refunded in the preceding calendar year and the reductions in	23443
taxable value that resulted in those refunds, except for	23444
reductions in taxable value that previously have been reported to	23445
the tax commissioner on an abstract. If the tax commissioner	23446
determines that the amount of refunded taxes certified for a	23447
school district exceeds three per cent of the total taxes charged	23448
and payable for current expenses of the school district for the	23449
calendar year in which those taxes were refunded, the tax	23450
commissioner shall certify the reductions in taxable value that	23451
resulted in those refunds on or before the first day of June to	23452
the department of education. Upon receiving the certification by	23453
the tax commissioner, the department of education shall reduce the	23454
total taxable value of the school district, as defined in section	23455
3317.02 of the Revised Code, by the total amount of the reductions	23456
in taxable value that resulted in those refunds for the purpose of	23457
computing the ~~state aid~~SF-3 payment for the school district for	23458
the current fiscal year ~~under section 3317.022 of the Revised~~	23459
~~Code~~. The increase in the amount of such aid resulting from the	23460
adjustment required by this section shall be paid to the school	23461
district on or before the ~~thirtieth~~thirty-first day of ~~June~~July	23462
of the ~~current~~following fiscal year.	23463

If an adjustment is made under this division in the amount of	23464
state aid paid to a school district, the tax value reductions from	23465
which that adjustment results shall not be used in recomputing aid	23466
to a school district under section 3317.027 of the Revised Code.	23467

~~(D)~~(C) If a school district received a grant from the	23468
catastrophic expenditures account pursuant to division (C) of	23469
section 3316.20 of the Revised Code on the basis of the same	23470
circumstances for which an adjustment is made under this section,	23471
the amount of the adjustment shall be reduced and transferred in	23472
accordance with division (C) of section 3316.20 of the Revised	23473
Code.	23474

(D) Not later than the first day of June each year, the tax	23475
commissioner shall certify to the department of education for each	23476
school district the total of the increases in taxable value above	23477
the amount of taxable value on which tax was paid, as provided in	23478
division (B)(1) or (2) of section 5727.47 of the Revised Code, as	23479
determined by the commissioner, and for which a notification was	23480
sent pursuant to section 5727.471 of the Revised Code, in the	23481
preceding calendar year. Upon receiving the certification, the	23482
department shall increase the total taxable value, as defined in	23483
section 3317.02 of the Revised Code, of the school district by the	23484
total amount of the increase in taxable value certified by the	23485
commissioner for the school district for the purpose of computing	23486
the school district's ~~state aid~~SF-3 payment for the following	23487
fiscal year ~~under sections 3317.022 and 3317.0212 of the Revised~~	23488
~~Code~~.	23489

Sec. 3317.027. On or before the fifteenth day of May of each	23490
year, the tax commissioner shall certify to the department of	23491
education:	23492

(A) The amount by which applications filed under section	23493
5713.38 of the Revised Code or complaints filed under section	23494
5715.19 of the Revised Code resulted in a reduction in the second	23495
preceding year's taxable value in each school district in which	23496
such a reduction occurred, and the amount by which such reduction	23497
reduced the district's taxes charged and payable for such year;	23498
and	23499

(B) The taxes charged and payable for the second preceding	23500
tax year that were remitted under section 5713.081 of the Revised	23501
Code and the taxable value against which such taxes were imposed.	23502

Upon receipt of such certifications, the department shall	23503
recompute the ~~state aid for such year under section 3317.022 of~~	23504
~~the Revised Code~~district's SF-3 payment and determine the amount	23505
~~of aid~~ that the SF-3 payment would have been paid had the taxable	23506
value not been used in the computation made under division (A)(1)	23507
of section 3317.021 of the Revised Code and had the taxes charged	23508
and payable not been included in the certification made under	23509
division (A)(3) of such section. The department shall ~~adjust~~	23510
calculate the amount that the remainder of the fiscal year's	23511
payments ~~so the district's total payments~~should have been for the	23512
fiscal year ~~equal~~including the amount of the ~~recomputation~~SF-3	23513
payment as recomputed. The increase or decrease in the amount of	23514
aid resulting from the adjustment required under this section	23515
shall be paid to the school district on or before the thirty-first	23516
day of July of the following fiscal year.	23517

If a school district received a grant from the catastrophic	23518
expenditures account pursuant to division (C) of section 3316.20	23519
of the Revised Code on the basis of the same circumstances for	23520
which a recomputation is made under this section, the amount of	23521
the recomputation shall be reduced and transferred in accordance	23522
with division (C) of section 3316.20 of the Revised Code.	23523

Sec. 3317.028. (A) On or before the fifteenth day of May in	23524
each calendar year prior to calendar year 2007, the tax	23525
commissioner shall determine for each school district whether the	23526
taxable value of all tangible personal property, including utility	23527
tangible personal property, subject to taxation by the district in	23528
the preceding tax year was less or greater than the taxable value	23529
of such property during the second preceding tax year. If any such	23530
decrease exceeds five per cent of the district's tangible personal	23531
property taxable value included in the total taxable value used in	23532
computing the district's ~~state aid computation~~SF-3 payment for	23533
the fiscal year that ends in the current calendar year, or if any	23534
such increase exceeds five per cent of the district's total	23535
taxable value used in computing the district's ~~state aid~~	23536
~~computation~~SF-3 payment for the fiscal year that ends in the	23537
current calendar year, the tax commissioner shall certify both of	23538
the following to the department of education:	23539

(1) The taxable value of the tangible personal property	23540
increase or decrease, including utility tangible personal property	23541
increase or decrease, which shall be considered a change in	23542
valuation;	23543

(2) The decrease or increase in taxes charged and payable on	23544
such change in taxable value calculated in the same manner as in	23545
division (A)(3) of section 3317.021 of the Revised Code.	23546

(B) ~~Notwithstanding division (A) of this section, when~~	23547
~~determining under that division in calendar year 2002 whether the~~	23548
~~taxable value of tangible personal property subject to taxation by~~	23549
~~each school district in the preceding tax year was less or greater~~	23550
~~than the taxable value of such property during the second~~	23551
~~preceding tax year, the tax commissioner shall exclude from the~~	23552
~~taxable value for both years the tax value loss, as defined in~~	23553
~~section 5727.84 of the Revised Code~~On or before May 15, 2007, and	23554
the fifteenth day of May in each calendar year thereafter, the tax	23555
commissioner shall determine for each school district whether the	23556
taxable value of all utility tangible personal property subject to	23557
taxation by the district in the preceding tax year was less or	23558
greater than the taxable value of such property during the second	23559
preceding tax year. If any decrease exceeds five per cent of the	23560
district's tangible personal property taxable value included in	23561
the total taxable value used in the district's state aid	23562
computation for the fiscal year that ends in the current calendar	23563
year, or if any increase exceeds five per cent of the district's	23564
total taxable value used in the district's state aid computation	23565
for the fiscal year that ends in the current calendar year, the	23566
tax commissioner shall certify both of the following to the	23567
department of education:	23568

(1) The taxable value of the utility tangible personal	23569
property increase or decrease, which shall be considered a change	23570
in valuation;	23571

(2) The decrease or increase in taxes charged and payable on	23572
such change in taxable value calculated in the same manner as in	23573
division (A)(3) of section 3317.021 of the Revised Code.	23574

(C) Upon receipt of ~~such~~a certification specified in this	23575
section, the department of education shall reduce or increase by	23576
the respective amounts certified,and the taxable value and the	23577
taxes charged and payable that were used in computing the	23578
district's ~~state aid computation under section 3317.022 of the~~	23579
~~Revised Code~~SF-3 payment for the fiscal year that ends in the	23580
current calendar year and shall recompute the ~~state aid~~SF-3	23581
payment for such fiscal year. ~~During the last six months of the~~	23582
~~fiscal year, the~~The department shall pay the district a sum equal	23583
to one-half of the recomputed payments in lieu of the payments	23584
otherwise required under ~~such sections~~that section on or before	23585
the thirty-first day of July of the following fiscal year.	23586

(D) If a school district received a grant from the	23587
catastrophic expenditures account pursuant to division (C) of	23588
section 3316.20 of the Revised Code on the basis of the same	23589
circumstances for which a recomputation is made under this	23590
section, the amount of the recomputation shall be reduced and	23591
transferred in accordance with division (C) of section 3316.20 of	23592
the Revised Code.	23593

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

23594

(1) "~~DPIA~~Poverty percentage" means:

23595

~~(a) In fiscal years prior to fiscal year 2004,~~ the quotient	23596
obtained by dividing the five-year average number of children ages	23597
five to seventeen residing in the school district and living in a	23598
family receiving assistance under the Ohio works first program or	23599
an antecedent program known as TANF or ADC, as certified or	23600
adjusted under section 3317.10 of the Revised Code, by the	23601
district's three-year average formula ADM.	23602

~~(b) Beginning in fiscal year 2004, the unduplicated number of~~	23603
~~children ages five to seventeen residing in the school district~~	23604
~~and living in a family that has family income not exceeding the~~	23605
~~federal poverty guidelines and that receives family assistance, as~~	23606
~~certified or adjusted under section 3317.10 of the Revised Code,~~	23607
~~divided by the district's three-year average formula ADM.~~	23608

(2) ~~"Family assistance" means assistance received under one~~	23609
~~of the following:~~	23610

~~(a) The Ohio works first program;~~

23611

~~(b) The food stamp program;~~

23612

~~(c) The medical assistance program, including the healthy~~	23613
~~start program, established under Chapter 5111. of the Revised~~	23614
~~Code;~~	23615

~~(d) The children's health insurance program part I~~	23616
~~established under section 5101.50 of the Revised Code or, prior to~~	23617
~~fiscal year 2000, an executive order issued under section 107.17~~	23618
~~of the Revised Code;~~	23619

~~(e) The disability financial assistance program established~~	23620
~~under Chapter 5115. of the Revised Code;~~	23621

~~(f) The disability medical assistance program established~~	23622
~~under Chapter 5115. of the Revised Code.~~	23623

~~(3)~~ "Statewide ~~DPIA~~poverty percentage" means:

23624

~~(a) In fiscal years prior to fiscal year 2004,~~ the five-year	23625
average of the total number of children ages five to seventeen	23626
years residing in the state and receiving assistance under the	23627
Ohio works first program or an antecedent program known as TANF or	23628
ADC, divided by the sum of the three-year average formula ADMs for	23629
all school districts in the state.	23630

~~(b) Beginning in fiscal year 2004, the total unduplicated~~	23631
~~number of children ages five to seventeen residing in the state~~	23632
~~and living in a family that has family income not exceeding the~~	23633
~~federal poverty guidelines and that receives family assistance,~~	23634
~~divided by the sum of the three-year average formula ADMs for all~~	23635
~~school districts in the state.~~	23636

~~(4)~~(3) "~~DPIA~~Poverty index" means the quotient obtained by	23637
dividing the school district's ~~DPIA~~poverty percentage by the	23638
statewide ~~DPIA~~poverty percentage.	23639

~~(5) "Federal poverty guidelines" has the same meaning as in~~	23640
~~section 5101.46 of the Revised Code.~~	23641

~~(6)~~(4) "~~DPIA~~Poverty student count" means:

23642

~~(a) In fiscal years prior to fiscal year 2004,~~ the five-year	23643
average number of children ages five to seventeen residing in the	23644
school district and living in a family receiving assistance under	23645
the Ohio works first program or an antecedent program known as	23646
TANF or ADC, as certified under section 3317.10 of the Revised	23647
Code;	23648

~~(b) Beginning in fiscal year 2004, the unduplicated number of~~	23649
~~children ages five to seventeen residing in the school district~~	23650
~~and living in a family that has family income not exceeding the~~	23651
~~federal poverty guidelines and that receives family assistance, as~~	23652
~~certified or adjusted under section 3317.10 of the Revised Code.~~	23653

~~(7)~~(5) "Kindergarten ADM" means the number of students	23654
reported under section 3317.03 of the Revised Code as enrolled in	23655
kindergarten, excluding any kindergarten students reported under	23656
division (B)(3)(e) or (f) of section 3317.03 of the Revised Code.	23657

~~(8)~~(6) "Kindergarten through third grade ADM" means the	23658
amount calculated as follows:	23659

(a) Multiply the kindergarten ADM by the sum of one plus the	23660
all-day kindergarten percentage;	23661

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

23662

(c) Subtract from the sum calculated under division (A)(6)(b)	23663
of this section the number of special education students in grades	23664
kindergarten through three.	23665

~~(9) "Statewide average teacher salary" means forty-two~~	23666
~~thousand four hundred sixty-nine dollars in fiscal year 2002, and~~	23667
~~forty-three thousand six hundred fifty-eight dollars in fiscal~~	23668
~~year 2003, which includes an amount for the value of fringe~~	23669
~~benefits.~~	23670

~~(10)~~"Kindergarten through third grade ADM" shall not include	23671
any students reported under division (B)(3)(e) or (f) of section	23672
3317.03 of the Revised Code.	23673

(7) "All-day kindergarten" means a kindergarten class that is	23674
in session five days per week for not less than the same number of	23675
clock hours each day as for pupils in grades one through six.	23676

~~(11)~~(8) "All-day kindergarten percentage" means the	23677
percentage of a district's actual total number of students	23678
enrolled in kindergarten who are enrolled in all-day kindergarten.	23679

~~(12)~~(9) "Buildings with the highest concentration of need"	23680
means:	23681

~~(a) In fiscal years prior to fiscal year 2004,~~ the school	23682
buildings in a district with percentages of students in grades	23683
kindergarten through three receiving assistance under Ohio works	23684
first at least as high as the district-wide percentage of students	23685
receiving such assistance.	23686

~~(b) Beginning in fiscal year 2004, the school buildings in a~~	23687
~~district with percentages of students in grades kindergarten~~	23688
~~through three receiving family assistance at least as high as the~~	23689
~~district-wide percentage of students receiving family assistance.~~	23690

~~(c)~~ If, in any fiscal year, the information provided by the	23691
department of job and family services under section 3317.10 of the	23692
Revised Code is insufficient to determine the Ohio works first or	23693
~~family assistance~~ percentage in each building, "buildings with the	23694
highest concentration of need" has the meaning given in rules that	23695
the department of education shall adopt. The rules shall base the	23696
definition of "buildings with the highest concentration of need"	23697
on family income of students in grades kindergarten through three	23698
in a manner that, to the extent possible with available data,	23699
approximates the intent of this division and division ~~(G)~~(K) of	23700
this section to designate buildings where the Ohio works first or	23701
~~family assistance~~ percentage in those grades equals or exceeds the	23702
district-wide Ohio works first ~~or family assistance~~ percentage.	23703

(B) In addition to the amounts required to be paid to a	23704
school district under section 3317.022 of the Revised Code, athe	23705
department of education shall compute and distribute to each	23706
school district ~~shall receive~~for poverty-based assistance the	23707
greater of the following:	23708

(1) The amount the district received in fiscal year ~~1998~~2005	23709
for disadvantaged pupil impact aid pursuant to ~~division (B) of~~	23710
~~section 3317.023 of the Revised Code as it existed at that time or~~	23711
~~the~~Section 41.10 of Am. Sub. H.B. 95 of the 125th General	23712
Assembly, as amended, minus the amount deducted from the district	23713
under Section 16 of Am. Sub. S.B. 2 of the 125th General Assembly	23714
that year for payments to internet- and computer-based community	23715
schools;	23716

(2) The sum of the computations made under divisions (C) to	23717
~~(E)~~(I) of this section.	23718

(C) A ~~supplemental~~ payment ~~that may be utilized~~ for ~~measures~~	23719
~~related to safety and security and for remediation or similar~~	23720
academic intervention programs, if the district's poverty index is	23721
greater than or equal to 0.25, calculated as follows:	23722

~~(1) If the DPIA index of the school district is greater than~~	23723
~~or equal to thirty-five-hundredths, but less than one, an amount~~	23724
~~obtained by multiplying the district's DPIA student count by two~~	23725
~~hundred thirty dollars;~~	23726

~~(2) If the DPIA index of the school district is greater than~~	23727
~~or equal to one, an amount obtained by multiplying the DPIA index~~	23728
~~by two hundred thirty dollars and multiplying that product by the~~	23729
~~district's DPIA student count.~~	23730

~~Except as otherwise provided in division (F) of this section,~~	23731
~~beginning with the school year that starts July 1, 2002, each~~	23732
~~school district annually shall use at least twenty per cent of the~~	23733
~~funds calculated for the district under this division for~~	23734
~~intervention services required by section 3313.608 of the Revised~~	23735
~~Code.~~	23736

(1) If the district's poverty index is greater than or equal	23737
to 0.25, calculate the district's level one amount for large-group	23738
academic intervention for all students as follows:	23739

(a) If the district's poverty index is greater than or equal	23740
to 0.25 but less than 0.75:	23741

large-group intervention units X hourly rate X

23742

level one hours X [(poverty index – 0.25)/0.5]

23743

Where:

23744

(i) "Large-group intervention units" equals the district's	23745
formula ADM divided by 20;	23746

(ii) "Hourly rate" equals $20.00 in fiscal year 2006 and	23747
$20.40 in fiscal year 2007;	23748

(iii) "Level one hours" equals 25 in fiscal year 2006 and 30	23749
in fiscal year 2007.	23750

(b) If the district's poverty index is greater than or equal	23751
to 0.75:	23752

large-group intervention units X hourly rate X level one hours

23753

Where "large-group intervention units," "hourly rate," and	23754
"level one hours" have the same meanings as in division (C)(1)(a)	23755
of this section.	23756

(2) If the district's poverty index is greater than or equal	23757
to 0.75, calculate the district's level two amount for	23758
medium-group academic intervention for impoverished students as	23759
follows:	23760

(a) If the district's poverty index is greater than or equal	23761
to 0.75 but less than 1.50:	23762

medium-group intervention units X hourly rate X

23763

{level one hours + [75 hours X ((poverty index – 0.75)/0.75)]}

23764

Where:

23765

(i) "Medium group intervention units" equals the district's	23766
poverty student count divided by 10;	23767

(ii) "Hourly rate" and "level one hours" have the same	23768
meanings as in division (C)(1)(a) of this section.	23769

(b) If the district's poverty index is greater than or equal	23771
to 1.50:	23772

medium-group intervention units X hourly rate X level two hours

23773

Where:

23774

(i) "Medium group intervention units" has the same meaning as	23775
in division (C)(2)(a)(i) of this section;	23776

(ii) "Hourly rate" has the same meaning as in division	23777
(C)(1)(a) of this section;	23778

(iii) "Level two hours" equals 100 hours in fiscal year 2006	23779
and 105 hours in fiscal year 2007.	23780

(3) If the district's poverty index is greater than or equal	23781
to 1.50, calculate the district's level three amount for	23782
small-group academic intervention for impoverished students as	23783
follows:	23784

(a) If the district's poverty index is greater than or equal	23785
to 1.50 but less than 2.50:	23786

small group intervention units X hourly rate X

23787

{level one hours + [level three hours X (poverty index – 1.50)]}

23788

Where:

23789

(i) "Small group intervention units" equals the district's	23790
poverty student count divided by five;	23791

(ii) "Hourly rate" and "level one hours" have the same	23792
meanings as in division (C)(1)(a) of this section;	23793

(iii) "Level three hours" equals 350 hours in fiscal year	23794
2006 and 385 hours in fiscal year 2007.	23795

(b) If the district's poverty index is greater than or equal	23796
to 2.50:	23797

small group intervention units X hourly rate X level three hours

23798

Where:

23799

(i) "Small group intervention units" has the same meaning as	23800
in division (C)(3)(a)(i) of this section;	23801

(ii) "Hourly rate" has the same meaning as in division	23802
(C)(1)(a) of this section;	23803

(iii) "Level three hours" equals 375 hours in fiscal year	23804
2006 and 415 hours in fiscal year 2007.	23805

(D) A payment for all-day kindergarten if the ~~DPIA~~poverty	23806
index of the school district is greater than or equal to ~~one~~1.0	23807
or if the district's three-year average formula ADM exceeded	23808
seventeen thousand five hundred~~, calculated~~. In addition, the	23809
department shall make a payment under this division to any school	23810
district that, in a prior fiscal year, qualified for this payment	23811
and provided all-day kindergarten, regardless of changes to the	23812
district's poverty index. The department shall calculate the	23813
payment under this division by multiplying the all-day	23814
kindergarten percentage by the kindergarten ADM and multiplying	23815
that product by the formula amount.	23816

(E) A class-size reduction payment based on calculating the	23817
number of new teachers necessary to achieve a lower	23818
student-teacher ratio, as follows:	23819

(1) Determine or calculate a formula number of teachers per	23820
one thousand students based on the ~~DPIA~~poverty index of the	23821
school district as follows:	23822

(a) If the ~~DPIA~~poverty index of the school district is less	23823
than ~~six-tenths~~1.0, the formula number of teachers is ~~43.478~~	23824
50.0, which is the number of teachers per one thousand students at	23825
a student-teacher ratio of ~~twenty-three~~twenty to one;	23826

(b) If the ~~DPIA~~poverty index of the school district is	23827
greater than or equal to ~~six-tenths~~1.0, but less than ~~two and~~	23828
~~one-half~~1.5, the formula number of teachers is calculated as	23829
follows:	23830

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

23831

50.0 + {[(poverty index – 1.0)/0.5] X 16.667}

23832

Where ~~43.478~~50.0 is the number of teachers per one thousand	23833
students at a student-teacher ratio of ~~twenty-three~~twenty to one;	23834
~~1.9~~0.5 is the interval from a ~~DPIA~~poverty index of ~~six-tenths~~	23835
1.0 to a ~~DPIA~~poverty index of ~~two and one-half~~1.5; and ~~23.188~~	23836
16.667 is the difference in the number of teachers per one	23837
thousand students at a student-teacher ratio of fifteen to one and	23838
the number of teachers per one thousand students at a	23839
student-teacher ratio of ~~twenty-three~~twenty to one.	23840

(c) If the ~~DPIA~~poverty index of the school district is	23841
greater than or equal to ~~two and one-half~~1.5, the formula number	23842
of teachers is 66.667, which is the number of teachers per one	23843
thousand students at a student-teacher ratio of fifteen to one.	23844

(2) Multiply the formula number of teachers determined or	23845
calculated in division (E)(1) of this section by the kindergarten	23846
through third grade ADM for the district and divide that product	23847
by one thousand;	23848

(3) Calculate the number of new teachers as follows:

23849

(a) Multiply the kindergarten through third grade ADM by	23850
~~43.478~~50.0, which is the number of teachers per one thousand	23851
students at a student-teacher ratio of ~~twenty-three~~twenty to one,	23852
and divide that product by one thousand;	23853

(b) Subtract the quotient obtained in division (E)(3)(a) of	23854
this section from the product in division (E)(2) of this section.	23855

(4) Multiply the greater of the difference obtained under	23856
division (E)(3) of this section or zero by the statewide average	23857
teachers ~~salary~~compensation. For this purpose, the "statewide	23858
average teacher compensation" is $53,680 in fiscal year 2006 and	23859
$54,941 in fiscal year 2007, which includes an amount for the	23860
value of fringe benefits.	23861

(F) A payment for services to limited English proficient	23862
students, if the district's poverty index is greater than or equal	23863
to 1.0 and the proportion of its students who are limited English	23864
proficient, as reported in 2003 on its school district report	23865
issued under section 3302.03 of the Revised Code for the 2002-2003	23866
school year, is greater than or equal to 2.0%, calculated as	23867
follows:	23868

(1) If the district's poverty index is greater than or equal	23869
to 1.0, but less than 1.75, determine the amount per limited	23870
English proficient student as follows:	23871

{0.125 + [0.125 X ((poverty index - 1.0)/0.75)]} X formula amount

23872

(2) If the district's poverty index is greater than or equal	23873
to 1.75, the amount per limited English proficient student equals:	23874

0.25 X formula amount

23875

(3) Multiply the per student amount determined for the	23876
district under division (F)(1) or (2) of this section by the	23877
number of the district's limited English proficient students,	23878
times a phase-in percentage of 0.50 in fiscal year 2006 and 1.0 in	23879
fiscal year 2007. For purposes of this calculation, the number of	23880
limited English proficient students for each district shall be the	23881
number determined by the department when it calculated the	23882
district's percentage of limited English students for its school	23883
district report card issued in 2003 for the 2002-2003 school year.	23884

Not later than December 31, 2006, the department of education	23885
shall recommend to the general assembly and the director of budget	23886
and management a method of identifying the number of limited	23887
English proficient students for purposes of calculating payments	23888
under this division after fiscal year 2007.	23889

(G) A payment for professional development of teachers, if	23890
the district's poverty index is greater than or equal to 1.0,	23891
calculated as follows:	23892

(1) If the district's poverty index is greater than or equal	23893
to 1.0, but less than 1.75, determine the amount per teacher as	23894
follows:	23895

[(poverty index – 1.0)/ 0.75] X 0.045 X formula amount

23896

(2) If the district's poverty index is greater than or equal	23897
to 1.75, the amount per teacher equals:	23898

0.045 X formula amount

23899

(3) Determine the number of teachers, as follows:

23900

(formula ADM/17)

23901

(4) Multiply the per teacher amount determined for the	23902
district under division (G)(1) or (2) of this section by the	23903
number of teachers determined under division (G)(3) of this	23904
section, times a phase-in percentage of 0.50 in fiscal year 2006	23905
and 1.0 in fiscal year 2007.	23906

(H) A payment for dropout prevention, if the district is a	23907
big eight school district as defined in section 3314.02 of the	23908
Revised Code, calculated as follows:	23909

0.005 X formula amount X poverty index

23910

X formula ADM

23911

(I) An amount for community outreach, if the district is an	23912
urban school district as defined in section 3314.02 of the Revised	23913
Code, calculated as follows:	23914

0.005 X formula amount X poverty index X

23915

formula ADM X phase-in percentage

23916

Where "phase-in percentage" equals 0.50 in fiscal year 2006	23917
and 1.0 in fiscal year 2007.	23918

(J) This division applies only to school districts whose ~~DPIA~~	23919
poverty index is ~~one~~1.0 or greater.	23920

(1) Each school district subject to this division shall first	23921
utilize funds received under this section so that, when combined	23922
with other funds of the district, sufficient funds exist to	23923
provide all-day kindergarten to at least the number of children in	23924
the district's all-day kindergarten percentage.	23925

(2) ~~Up to an amount equal to the district's DPIA index~~	23926
~~multiplied by its DPIA student count multiplied by two hundred~~	23927
~~thirty dollars of the money distributed under this section may be~~	23928
~~utilized~~Each school district shall use its payment under division	23929
(F) of this section for one or more of the following purposes:	23930

(a) To hire teachers for limited English proficient students	23931
or other personnel to provide intervention services for those	23932
students;	23933

(b) To contract for intervention services for those students;

23934

(c) To provide other services to assist those students in	23935
passing the third-grade reading achievement test, and to provide	23936
for those students the intervention services required by section	23937
3313.608 of the Revised Code.	23938

(3) Each school district shall use its payment under division	23939
(G) of this section for professional development of teachers or	23940
other licensed personnel providing educational services to	23941
students only in one or more of the following areas:	23942

(a) Data-based decision making;

23943

(b) Standards-based curriculum models;

23944

(c) Job-embedded professional development activities that are	23945
research-based, as defined in federal law.	23946

In addition, each district shall use the payment only to	23947
implement programs identified on a list of eligible professional	23948
development programs provided by the department of education. The	23949
department annually shall provide the list to each district	23950
receiving a payment under division (G) of this section. However, a	23951
district may apply to the department for a waiver to implement an	23952
alternative professional development program in one or more of the	23953
areas specified in divisions (J)(3)(a) to (c) of this section. If	23954
the department grants the waiver, the district may use its payment	23955
under division (G) of this section to implement the alternative	23956
program.	23957

(4) Each big eight school district shall use its payment	23958
under division (H) of this section either for preventing at-risk	23959
students from dropping out of school, for safety and security	23960
measures described in division (J)(5)(b) of this section, for	23961
academic intervention services described in division (J)(6) of	23962
this section, or for a combination of those purposes. Not later	23963
than September 1, 2005, the department of education shall provide	23964
each big eight school district with a list of dropout prevention	23965
programs that it has determined are successful. The department	23966
subsequently may update the list. Each district that elects to use	23967
its payment under division (H) of this section for dropout	23968
prevention shall use the payment only to implement a dropout	23969
prevention program specified on the department's list. However, a	23970
district may apply to the department for a waiver to implement an	23971
alternative dropout prevention program. If the department grants	23972
the waiver, the district may use its payment under division (H) of	23973
this section to implement the alternative program.	23974

(5) Each urban school district that has a poverty index	23975
greater than or equal to 1.0 shall use its payment under division	23976
(I) of this section for one or a combination of the following	23977
purposes:	23978

(a) To hire or contract for community liaison officers,	23979
attendance or truant officers, or safety and security personnel;	23980

(b) To implement programs designed to ensure that schools are	23981
free of drugs and violence and have a disciplined environment	23982
conducive to learning;	23983

(c) To implement academic intervention services described in	23984
division (J)(6) of this section.	23985

(6) Each school district with a poverty index greater than or	23986
equal to 1.0 shall use the amount of its payment under division	23987
(C) of this section, and may use any amount of its payment under	23988
division (H) or (I) of this section, for ~~one or both of the~~	23989
~~following:~~	23990

~~(a) Programs designed to ensure that schools are free of~~	23991
~~drugs and violence and have a disciplined environment conducive to~~	23992
~~learning;~~	23993

~~(b) Remediation~~academic intervention services for students	23994
who have failed or are in danger of failing any of the tests	23995
administered pursuant to section 3301.0710 of the Revised Code.	23996

~~Beginning with the school year that starts on July 1, 2002,~~	23997
~~each school district shall use at least twenty per cent of the~~	23998
~~funds set aside for the purposes of divisions (F)(2)(a) and (b) of~~	23999
~~this section to provide~~, including intervention services required	24000
by section 3313.608 of the Revised Code. No district shall spend	24001
any portion of its payment under division (C) of this section for	24002
any other purpose. Notwithstanding any provision to the contrary	24003
in Chapter 4117. of the Revised Code, no collective bargaining	24004
agreement entered into after the effective date of this amendment	24005
shall require use of the payment for any other purpose.	24006

~~(3)~~(7) Except as otherwise required by division ~~(G)~~(K) or	24007
permitted under division ~~(K)~~(O) of this section, all ~~other~~	24008
remaining funds distributed under this section to districts	24009
~~subject to this division~~with a poverty index greater than or	24010
equal to 1.0 shall be utilized for the purpose of the third grade	24011
guarantee. The third grade guarantee consists of increasing the	24012
amount of instructional attention received per pupil in	24013
kindergarten through third grade, either by reducing the ratio of	24014
students to instructional personnel or by increasing the amount of	24015
instruction and curriculum-related activities by extending the	24016
length of the school day or the school year.	24017

School districts may implement a reduction of the ratio of	24018
students to instructional personnel through any or all of the	24019
following methods:	24020

(a) Reducing the number of students in a classroom taught by	24021
a single teacher;	24022

(b) Employing full-time educational aides or educational	24023
paraprofessionals issued a permit or license under section	24024
3319.088 of the Revised Code;	24025

(c) Instituting a team-teaching method that will result in a	24026
lower student-teacher ratio in a classroom.	24027

Districts may extend the school day either by increasing the	24028
amount of time allocated for each class, increasing the number of	24029
classes provided per day, offering optional academic-related	24030
after-school programs, providing curriculum-related extra	24031
curricular activities, or establishing tutoring or remedial	24032
services for students who have demonstrated an educational need.	24033
In accordance with section 3319.089 of the Revised Code, a	24034
district extending the school day pursuant to this division may	24035
utilize a participant of the work experience program who has a	24036
child enrolled in a public school in that district and who is	24037
fulfilling the work requirements of that program by volunteering	24038
or working in that public school. If the work experience program	24039
participant is compensated, the school district may use the funds	24040
distributed under this section for all or part of the	24041
compensation.	24042

Districts may extend the school year either through adding	24043
regular days of instruction to the school calendar or by providing	24044
summer programs.	24045

~~(G)~~(K) Each district ~~subject to division (F) of this section~~	24046
shall not expend any funds received under division (E) of this	24047
section in any school buildings that are not buildings with the	24048
highest concentration of need, unless there is a ratio of	24049
instructional personnel to students of no more than fifteen to one	24050
in each kindergarten and first grade class in all buildings with	24051
the highest concentration of need. This division does not require	24052
that the funds used in buildings with the highest concentration of	24053
need be spent solely to reduce the ratio of instructional	24054
personnel to students in kindergarten and first grade. A school	24055
district may spend the funds in those buildings in any manner	24056
permitted by division ~~(F)(3)~~(J)(7) of this section, but may not	24057
spend the money in other buildings unless the fifteen-to-one ratio	24058
required by this division is attained.	24059

~~(H)~~(L)(1) By the first day of August of each fiscal year,	24060
each school district wishing to receive any funds under division	24061
(D) of this section shall submit to the department of education an	24062
estimate of its all-day kindergarten percentage. Each district	24063
shall update its estimate throughout the fiscal year in the form	24064
and manner required by the department, and the department shall	24065
adjust payments under this section to reflect the updates.	24066

(2) Annually by the end of December, the department of	24067
education, utilizing data from the information system established	24068
under section 3301.0714 of the Revised Code and after consultation	24069
with the legislative office of education oversight, shall	24070
determine for each school district subject to division ~~(F)~~(J) of	24071
this section whether in the preceding fiscal year the district's	24072
ratio of instructional personnel to students and its number of	24073
kindergarten students receiving all-day kindergarten appear	24074
reasonable, given the amounts of money the district received for	24075
that fiscal year pursuant to divisions (D) and (E) of this	24076
section. If the department is unable to verify from the data	24077
available that students are receiving reasonable amounts of	24078
instructional attention and all-day kindergarten, given the funds	24079
the district has received under this section and that class-size	24080
reduction funds are being used in school buildings with the	24081
highest concentration of need as required by division ~~(G)~~(K) of	24082
this section, the department shall conduct a more intensive	24083
investigation to ensure that funds have been expended as required	24084
by this section. The department shall file an annual report of its	24085
findings under this division with the chairpersons of the	24086
committees in each house of the general assembly dealing with	24087
finance and education.	24088

~~(I) Any~~(M)(1) Each school district with a ~~DPIA~~poverty index	24089
less than ~~one~~1.0 and a three-year average formula ADM exceeding	24090
seventeen thousand five hundred shall first utilize funds received	24091
under this section so that, when combined with other funds of the	24092
district, sufficient funds exist to provide all-day kindergarten	24093
to at least the number of children in the district's all-day	24094
kindergarten percentage. ~~Such a district~~	24095

(2) Each school district with a poverty index less than 1.0	24096
that receives a payment under division (I) of this section shall	24097
use its payment under that division for one or a combination of	24098
the following purposes:	24099

(a) To hire or contract for community liaison officers,	24100
attendance or truant officers, or safety and security personnel;	24101

(b) To implement programs designed to ensure that schools are	24102
free of drugs and violence and have a disciplined environment	24103
conducive to learning;	24104

(c) To implement academic intervention services described in	24105
division (J)(6) of this section.	24106

(3) Each school district to which division (M)(1) or (2) of	24107
this section applies shall expend ~~at least seventy per cent of~~ the	24108
remaining funds received under this section, and any other	24109
district with a ~~DPIA~~poverty index less than ~~one~~1.0 shall expend	24110
~~at least seventy per cent of~~ all funds received under this	24111
section, for any of the following purposes:	24112

~~(1)~~(a) The purchase of technology for instructional purposes	24113
for remediation;	24114

~~(2)~~(b) All-day kindergarten;

24115

~~(3)~~(c) Reduction of class sizes in grades kindergarten	24116
through three, as described in division (J)(7) of this section;	24117

~~(4)~~(d) Summer school remediation;

24118

~~(5)~~(e) Dropout prevention programs approved by the department	24119
of education under division (J)(4) of this section;	24120

~~(6)~~(f) Guaranteeing that all third graders are ready to	24121
progress to more advanced work;	24122

~~(7)~~(g) Summer education and work programs;

24123

~~(8)~~(h) Adolescent pregnancy programs;

24124

~~(9)~~(i) Head start or preschool programs;

24125

~~(10)~~(j) Reading improvement and remediation programs	24126
described by the department of education;	24127

~~(11)~~(k) Programs designed to ensure that schools are free of	24128
drugs and violence and have a disciplined environment conducive to	24129
learning;	24130

~~(12)~~(l) Furnishing, free of charge, materials used in courses	24131
of instruction, except for the necessary textbooks or electronic	24132
textbooks required to be furnished without charge pursuant to	24133
section 3329.06 of the Revised Code, to pupils living in families	24134
participating in Ohio works first in accordance with section	24135
3313.642 of the Revised Code;	24136

~~(13)~~(m) School breakfasts provided pursuant to section	24137
3313.813 of the Revised Code.	24138

~~Each district shall submit to the department, in such format~~	24139
~~and at such time as the department shall specify, a report on the~~	24140
~~programs for which it expended funds under this division.~~	24141

~~(J)~~(N) If at any time the superintendent of public	24142
instruction determines that a school district receiving funds	24143
under division (D) of this section has enrolled less than the	24144
all-day kindergarten percentage reported for that fiscal year, the	24145
superintendent shall withhold from the funds otherwise due the	24146
district under this section a proportional amount as determined by	24147
the difference in the certified all-day kindergarten percentage	24148
and the percentage actually enrolled in all-day kindergarten.	24149

The superintendent shall also withhold an appropriate amount	24150
of funds otherwise due a district for any other misuse of funds	24151
not in accordance with this section.	24152

~~(K)~~(O)(1) A district may use a portion of the funds	24153
calculated for it under division (D) of this section to modify or	24154
purchase classroom space to provide all-day kindergarten, if both	24155
of the following conditions are met:	24156

(a) The district certifies to the department, in a manner	24157
acceptable to the department, that it has a shortage of space for	24158
providing all-day kindergarten.	24159

(b) The district provides all-day kindergarten to the number	24160
of children in the all-day kindergarten percentage it certified	24161
under this section.	24162

(2) A district may use a portion of the funds described in	24163
division ~~(F)(3)~~(J)(7) of this section to modify or purchase	24164
classroom space to enable it to further reduce class size in	24165
grades kindergarten through two with a goal of attaining class	24166
sizes of fifteen students per licensed teacher. To do so, the	24167
district must certify its need for additional space to the	24168
department, in a manner satisfactory to the department.	24169

Sec. 3317.0216. (A) As used in this section:

24170

(1) "Total taxes charged and payable for current expenses"	24171
means the sum of the taxes charged and payable as certified under	24172
division (A)(3)(a) of section 3317.021 of the Revised Code less	24173
any amounts reported under division (A)(3)(b) of that section, and	24174
the tax distribution for the preceding year under any school	24175
district income tax levied by the district pursuant to Chapter	24176
5748. of the Revised Code to the extent the revenue from the	24177
income tax is allocated or apportioned to current expenses.	24178

(2) "Charge-off amount" means the product obtained by	24179
multiplying two and three-tenths per cent by recognized valuation.	24180

(3) Until fiscal year 2003, the "actual local share of	24181
special education, transportation, and vocational education	24182
funding" for any school district means the sum of the district's	24183
attributed local shares described in divisions (F)(1) to (3) of	24184
section 3317.022 of the Revised Code. Beginning in fiscal year	24185
2003, the "actual local share of special education,	24186
transportation, and vocational education funding" means that sum	24187
minus the amount of any excess cost supplement payment calculated	24188
for the district under division (F) of section 3317.022 of the	24189
Revised Code.	24190

(B) Upon receiving the certifications under section 3317.021	24191
of the Revised Code, the department of education shall determine	24192
for each city, local, and exempted village school district whether	24193
the district's charge-off amount is greater than the district's	24194
total taxes charged and payable for current expenses, and if it	24195
is, shall pay the district the amount of the difference. A payment	24196
shall not be made to any school district for which the computation	24197
under division (A) of section 3317.022 of the Revised Code equals	24198
zero.	24199

(C)(1) If a district's charge-off amount is equal to or	24200
greater than its total taxes charged and payable for current	24201
expenses, the department shall, in addition to the payment	24202
required under division (B) of this section, pay the district the	24203
amount of its actual local share of special education,	24204
transportation, and vocational education funding.	24205

(2) If a district's charge-off amount is less than its total	24206
taxes charged and payable for current expenses, the department	24207
shall pay the district any amount by which its actual local share	24208
of special education, transportation, and vocational education	24209
funding exceeds its total taxes charged and payable for current	24210
expenses minus its charge-off amount.	24211

(D) If a school district that received a payment under	24212
division (B) or (C) of this section in the prior fiscal year is	24213
ineligible for payment under those divisions in the current fiscal	24214
year, the department shall determine if the ineligibility is the	24215
result of a property tax or income tax levy approved by the	24216
district's voters to take effect in tax year 2005 or thereafter.	24217
If the department determines that is the case, and calculates that	24218
the levy causing the ineligibility exceeded by at least one mill	24219
the equivalent millage of the prior year's payment under divisions	24220
(B) and (C) of this section, the department shall make a payment	24221
to the district for the first three years that the district loses	24222
eligibility for payment under divisions (B) and (C) of this	24223
section, as follows:	24224

(1) In the first year of ineligibility, the department shall	24225
pay the district seventy-five per cent of the amount it last paid	24226
the district under divisions (B) and (C) of this section.	24227

(2) In the second year of ineligibility, the department shall	24228
pay the district fifty per cent of the amount it last paid the	24229
district under those divisions.	24230

(3) In the third year of ineligibility, the department shall	24231
pay the district twenty-five per cent of the amount it last paid	24232
the district under those divisions.	24233

(E) A district that receives payment under division (D) of	24234
this section and subsequently qualifies for payment under division	24235
(B) or (C) of this section is ineligible for future payments under	24236
division (D) of this section.	24237

Sec. 3317.0217. The department of education shall annually	24238
compute and pay state parity aid to school districts, as follows:	24239

(A) Calculate the local wealth per pupil of each school	24240
district, which equals the following sum:	24241

(1) Two-thirds times the quotient of (a) the district's	24242
recognized valuation divided by (b) its formula ADM; plus	24243

(2) One-third times the quotient of (a) the average of the	24244
total federal adjusted gross income of the school district's	24245
residents for the three years most recently reported under section	24246
3317.021 of the Revised Code divided by (b) its formula ADM.	24247

(B) Rank all school districts in order of local wealth per	24248
pupil, from the district with the lowest local wealth per pupil to	24249
the district with the highest local wealth per pupil.	24250

(C) Compute the per pupil state parity aid funding for each	24251
school district in accordance with the following formula:	24252

~~Payment percentage X~~ (threshold local wealth

24253

per pupil - the district's local

24254

wealth per pupil) X ~~0.0095~~ 0.0075

24255

Where:

24256

(1) ~~"Payment percentage," for purposes of division (C) of~~	24257
~~this section, equals 20% in fiscal year 2002, 40% in fiscal year~~	24258
~~2003, 58% in fiscal year 2004, 76% in fiscal year 2005, and 100%~~	24259
~~after fiscal year 2005.~~	24260

~~(2) Nine and one-half mills (0.0095) is the general~~	24261
~~assembly's determination of the average number of effective~~	24262
~~operating mills that districts in the seventieth to ninetieth~~	24263
~~percentiles of valuations per pupil collected in fiscal year 2001~~	24264
~~above the revenues required to finance their attributed local~~	24265
~~shares of the calculated cost of an adequate education. This was~~	24266
~~determined by (a) adding the district revenues from operating~~	24267
~~property tax levies and income tax levies, (b) subtracting from~~	24268
~~that total the sum of (i) twenty-three mills times adjusted~~	24269
~~recognized valuation plus (ii) the attributed local shares of~~	24270
~~special education, transportation, and vocational education~~	24271
~~funding as described in divisions (F)(1) to (3) of section~~	24272
~~3317.022 of the Revised Code, and (c) converting the result to an~~	24273
~~effective operating property tax rate~~Seven and one-half mills	24274
(0.0075) is an adjustment to the original parity aid standard of	24275
nine and one-half mills, to account for the general assembly's	24276
policy decision to eliminate use of the cost-of-doing-business	24277
factor in the base cost formula.	24278

~~(3)~~(2) The "threshold local wealth per pupil" is the local	24279
wealth per pupil of the school district with the	24280
four-hundred-ninetieth lowest local wealth per pupil.	24281

If the result of the calculation for a school district under	24282
division (C) of this section is less than zero, the district's per	24283
pupil parity aid shall be zero.	24284

(D) Compute the per pupil alternative parity aid for each	24285
school district that has a combination of an income factor of 1.0	24286
or less, a ~~DPIA~~poverty index of 1.0 or greater, and a fiscal year	24287
2005 cost-of-doing-business factor of 1.0375 or greater, in	24288
accordance with the following formula:	24289

Payment percentage X $60,000 X

24290

(1 - income factor) X 4/15 X 0.023

24291

Where:

24292

(1) "~~DPIA~~Poverty index" has the same meaning as in section	24293
3317.029 of the Revised Code.	24294

(2) "Payment percentage," for purposes of division (D) of	24295
this section, equals 50% in fiscal year 2002 and 100% after fiscal	24296
year 2002.	24297

(E) Pay each district that has a combination of an income	24298
factor of 1.0 or less, a ~~DPIA~~poverty index of 1.0 or greater, and	24299
a fiscal year 2005 cost-of-doing-business factor of 1.0375 or	24300
greater, the greater of the following:	24301

(1) The product of the district's per pupil parity aid	24302
calculated under division (C) of this section times its net	24303
formula ADM;	24304

(2) The product of its per pupil alternative parity aid	24305
calculated under division (D) of this section times its net	24306
formula ADM.	24307

(F) Pay every other district the product of its per pupil	24308
parity aid calculated under division (C) of this section times its	24309
net formula ADM.	24310

(G) As used in divisions (E) and (F) of this section, "net	24311
formula ADM" means formula ADM minus the number of internet- and	24312
computer-based community school students and scholarship students	24313
reported under divisions (B)(3)(e) and (f) of section 3317.03 of	24314
the Revised Code.	24315

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	24316
(C) of this section, any student enrolled in kindergarten more	24317
than half time shall be reported as one-half student under this	24318
section.	24319

(A) The superintendent of each city and exempted village	24320
school district and of each educational service center shall, for	24321
the schools under the superintendent's supervision, certify to the	24322
state board of education on or before the fifteenth day of October	24323
in each year for the first full school week in October the formula	24324
ADM, which shall consist of the average daily membership during	24325
such week of the sum of the following:	24326

(1) On an FTE basis, the number of students in grades	24327
kindergarten through twelve receiving any educational services	24328
from the district, except that the following categories of	24329
students shall not be included in the determination:	24330

(a) Students enrolled in adult education classes;

24331

(b) Adjacent or other district students enrolled in the	24332
district under an open enrollment policy pursuant to section	24333
3313.98 of the Revised Code;	24334

(c) Students receiving services in the district pursuant to a	24335
compact, cooperative education agreement, or a contract, but who	24336
are entitled to attend school in another district pursuant to	24337
section 3313.64 or 3313.65 of the Revised Code;	24338

(d) Students for whom tuition is payable pursuant to sections	24339
3317.081 and 3323.141 of the Revised Code.	24340

(2) On an FTE basis, the number of students entitled to	24341
attend school in the district pursuant to section 3313.64 or	24342
3313.65 of the Revised Code, but receiving educational services in	24343
grades kindergarten through twelve from one or more of the	24344
following entities:	24345

(a) A community school pursuant to Chapter 3314. of the	24346
Revised Code, including any participation in a college pursuant to	24347
Chapter 3365. of the Revised Code while enrolled in such community	24348
school;	24349

(b) An alternative school pursuant to sections 3313.974 to	24350
3313.979 of the Revised Code as described in division (I)(2)(a) or	24351
(b) of this section;	24352

(c) A college pursuant to Chapter 3365. of the Revised Code,	24353
except when the student is enrolled in the college while also	24354
enrolled in a community school pursuant to Chapter 3314. of the	24355
Revised Code;	24356

(d) An adjacent or other school district under an open	24357
enrollment policy adopted pursuant to section 3313.98 of the	24358
Revised Code;	24359

(e) An educational service center or cooperative education	24360
district;	24361

(f) Another school district under a cooperative education	24362
agreement, compact, or contract;	24363

(g) A registered private school with a scholarship paid under	24364
section 3310.08 of the Revised Code.	24365

(3) Twenty per cent of the number of students enrolled in a	24366
joint vocational school district or under a vocational education	24367
compact, excluding any students entitled to attend school in the	24368
district under section 3313.64 or 3313.65 of the Revised Code who	24369
are enrolled in another school district through an open enrollment	24370
policy as reported under division (A)(2)(d) of this section and	24371
then enroll in a joint vocational school district or under a	24372
vocational education compact;	24373

(4) The number of handicapped children, other than	24374
handicapped preschool children, entitled to attend school in the	24375
district pursuant to section 3313.64 or 3313.65 of the Revised	24376
Code who are placed with a county MR/DD board, minus the number of	24377
such children placed with a county MR/DD board in fiscal year	24378
1998. If this calculation produces a negative number, the number	24379
reported under division (A)(4) of this section shall be zero.	24380

(B) To enable the department of education to obtain the data	24381
needed to complete the calculation of payments pursuant to this	24382
chapter, in addition to the formula ADM, each superintendent shall	24383
report separately the following student counts for the same week	24384
for which formula ADM is certified:	24385

(1) The total average daily membership in regular day classes	24386
included in the report under division (A)(1) or (2) of this	24387
section for kindergarten, and each of grades one through twelve in	24388
schools under the superintendent's supervision;	24389

(2) The number of all handicapped preschool children enrolled	24390
as of the first day of December in classes in the district that	24391
are eligible for approval under division (B) of section 3317.05 of	24392
the Revised Code and the number of those classes, which shall be	24393
reported not later than the fifteenth day of December, in	24394
accordance with rules adopted under that section;	24395

(3) The number of children entitled to attend school in the	24396
district pursuant to section 3313.64 or 3313.65 of the Revised	24397
Code who are ~~participating~~:	24398

(a) Participating in a pilot project scholarship program	24399
established under sections 3313.974 to 3313.979 of the Revised	24400
Code as described in division (I)(2)(a) or (b) of this section,	24401
~~are enrolled~~;	24402

(b) Enrolled in a college under Chapter 3365. of the Revised	24403
Code, except when the student is enrolled in the college while	24404
also enrolled in a community school pursuant to Chapter 3314. of	24405
the Revised Code~~, are enrolled~~;	24406

(c) Enrolled in an adjacent or other school district under	24407
section 3313.98 of the Revised Code~~, are enrolled~~;	24408

(d) Enrolled in a community school established under Chapter	24409
3314. of the Revised Code that is not an internet- or	24410
computer-based community school as defined in section 3314.02 of	24411
the Revised Code, including any participation in a college	24412
pursuant to Chapter 3365. of the Revised Code while enrolled in	24413
such community school~~, or are participating~~;	24414

(e) Enrolled in an internet- or computer-based community	24415
school, as defined in section 3314.02 of the Revised Code,	24416
including any participation in a college pursuant to Chapter 3365.	24417
of the Revised Code while enrolled in the school;	24418

(f) Enrolled in a chartered nonpublic school with a	24419
scholarship paid under section 3310.08 of the Revised Code;	24420

(g) Participating in a program operated by a county MR/DD	24421
board or a state institution;	24422

(4) The number of pupils enrolled in joint vocational	24423
schools;	24424

(5) The average daily membership of handicapped children	24425
reported under division (A)(1) or (2) of this section receiving	24426
special education services for the category one handicap described	24427
in division (A) of section 3317.013 of the Revised Code;	24428

(6) The average daily membership of handicapped children	24429
reported under division (A)(1) or (2) of this section receiving	24430
special education services for category two handicaps described in	24431
division (B) of section 3317.013 of the Revised Code;	24432

(7) The average daily membership of handicapped children	24433
reported under division (A)(1) or (2) of this section receiving	24434
special education services for category three handicaps described	24435
in division (C) of section 3317.013 of the Revised Code;	24436

(8) The average daily membership of handicapped children	24437
reported under division (A)(1) or (2) of this section receiving	24438
special education services for category four handicaps described	24439
in division (D) of section 3317.013 of the Revised Code;	24440

(9) The average daily membership of handicapped children	24441
reported under division (A)(1) or (2) of this section receiving	24442
special education services for the category five handicap	24443
described in division (E) of section 3317.013 of the Revised Code;	24444

(10) The average daily membership of handicapped children	24445
reported under division (A)(1) or (2) of this section receiving	24446
special education services for category six handicaps described in	24447
division (F) of section 3317.013 of the Revised Code;	24448

(11) The average daily membership of pupils reported under	24449
division (A)(1) or (2) of this section enrolled in category one	24450
vocational education programs or classes, described in division	24451
(A) of section 3317.014 of the Revised Code, operated by the	24452
school district or by another district, other than a joint	24453
vocational school district, or by an educational service center,	24454
excluding any student reported under division (B)(3)(e) of this	24455
section as enrolled in an internet- or computer-based community	24456
school, notwithstanding division (C) of section 3317.02 of the	24457
Revised Code and division (C)(3) of this section;	24458

(12) The average daily membership of pupils reported under	24459
division (A)(1) or (2) of this section enrolled in category two	24460
vocational education programs or services, described in division	24461
(B) of section 3317.014 of the Revised Code, operated by the	24462
school district or another school district, other than a joint	24463
vocational school district, or by an educational service center,	24464
excluding any student reported under division (B)(3)(e) of this	24465
section as enrolled in an internet- or computer-based community	24466
school, notwithstanding division (C) of section 3317.02 of the	24467
Revised Code and division (C)(3) of this section;	24468

(13) The average number of children transported by the school	24469
district on board-owned or contractor-owned and -operated buses,	24470
reported in accordance with rules adopted by the department of	24471
education;	24472

(14)(a) The number of children, other than handicapped	24473
preschool children, the district placed with a county MR/DD board	24474
in fiscal year 1998;	24475

(b) The number of handicapped children, other than	24476
handicapped preschool children, placed with a county MR/DD board	24477
in the current fiscal year to receive special education services	24478
for the category one handicap described in division (A) of section	24479
3317.013 of the Revised Code;	24480

(c) The number of handicapped children, other than	24481
handicapped preschool children, placed with a county MR/DD board	24482
in the current fiscal year to receive special education services	24483
for category two handicaps described in division (B) of section	24484
3317.013 of the Revised Code;	24485

(d) The number of handicapped children, other than	24486
handicapped preschool children, placed with a county MR/DD board	24487
in the current fiscal year to receive special education services	24488
for category three handicaps described in division (C) of section	24489
3317.013 of the Revised Code;	24490

(e) The number of handicapped children, other than	24491
handicapped preschool children, placed with a county MR/DD board	24492
in the current fiscal year to receive special education services	24493
for category four handicaps described in division (D) of section	24494
3317.013 of the Revised Code;	24495

(f) The number of handicapped children, other than	24496
handicapped preschool children, placed with a county MR/DD board	24497
in the current fiscal year to receive special education services	24498
for the category five handicap described in division (E) of	24499
section 3317.013 of the Revised Code;	24500

(g) The number of handicapped children, other than	24501
handicapped preschool children, placed with a county MR/DD board	24502
in the current fiscal year to receive special education services	24503
for category six handicaps described in division (F) of section	24504
3317.013 of the Revised Code.	24505

(C)(1) Except as otherwise provided in this section for	24506
kindergarten students, the average daily membership in divisions	24507
(B)(1) to (12) of this section shall be based upon the number of	24508
full-time equivalent students. The state board of education shall	24509
adopt rules defining full-time equivalent students and for	24510
determining the average daily membership therefrom for the	24511
purposes of divisions (A), (B), and (D) of this section.	24512

(2) A student enrolled in a community school established	24513
under Chapter 3314. of the Revised Code shall be counted in the	24514
formula ADM and, if applicable, the category one, two, three,	24515
four, five, or six special education ADM of the school district in	24516
which the student is entitled to attend school under section	24517
3313.64 or 3313.65 of the Revised Code for the same proportion of	24518
the school year that the student is counted in the enrollment of	24519
the community school for purposes of section 3314.08 of the	24520
Revised Code.	24521

(3) No child shall be counted as more than a total of one	24522
child in the sum of the average daily memberships of a school	24523
district under division (A), divisions (B)(1) to (12), or division	24524
(D) of this section, except as follows:	24525

(a) A child with a handicap described in section 3317.013 of	24526
the Revised Code may be counted both in formula ADM and in	24527
category one, two, three, four, five, or six special education ADM	24528
and, if applicable, in category one or two vocational education	24529
ADM. As provided in division (C) of section 3317.02 of the Revised	24530
Code, such a child shall be counted in category one, two, three,	24531
four, five, or six special education ADM in the same proportion	24532
that the child is counted in formula ADM.	24533

(b) A child enrolled in vocational education programs or	24534
classes described in section 3317.014 of the Revised Code may be	24535
counted both in formula ADM and category one or two vocational	24536
education ADM and, if applicable, in category one, two, three,	24537
four, five, or six special education ADM. Such a child shall be	24538
counted in category one or two vocational education ADM in the	24539
same proportion as the percentage of time that the child spends in	24540
the vocational education programs or classes.	24541

(4) Based on the information reported under this section, the	24542
department of education shall determine the total student count,	24543
as defined in section 3301.011 of the Revised Code, for each	24544
school district.	24545

(D)(1) The superintendent of each joint vocational school	24546
district shall certify to the superintendent of public instruction	24547
on or before the fifteenth day of October in each year for the	24548
first full school week in October the formula ADM, which, except	24549
as otherwise provided in this division, shall consist of the	24550
average daily membership during such week, on an FTE basis, of the	24551
number of students receiving any educational services from the	24552
district, including students enrolled in a community school	24553
established under Chapter 3314. of the Revised Code who are	24554
attending the joint vocational district under an agreement between	24555
the district board of education and the governing authority of the	24556
community school and are entitled to attend school in a city,	24557
local, or exempted village school district whose territory is part	24558
of the territory of the joint vocational district.	24559

The following categories of students shall not be included in	24560
the determination made under division (D)(1) of this section:	24561

(a) Students enrolled in adult education classes;

24562

(b) Adjacent or other district joint vocational students	24563
enrolled in the district under an open enrollment policy pursuant	24564
to section 3313.98 of the Revised Code;	24565

(c) Students receiving services in the district pursuant to a	24566
compact, cooperative education agreement, or a contract, but who	24567
are entitled to attend school in a city, local, or exempted	24568
village school district whose territory is not part of the	24569
territory of the joint vocational district;	24570

(d) Students for whom tuition is payable pursuant to sections	24571
3317.081 and 3323.141 of the Revised Code.	24572

(2) To enable the department of education to obtain the data	24573
needed to complete the calculation of payments pursuant to this	24574
chapter, in addition to the formula ADM, each superintendent shall	24575
report separately the average daily membership included in the	24576
report under division (D)(1) of this section for each of the	24577
following categories of students for the same week for which	24578
formula ADM is certified:	24579

(a) Students enrolled in each grade included in the joint	24580
vocational district schools;	24581

(b) Handicapped children receiving special education services	24582
for the category one handicap described in division (A) of section	24583
3317.013 of the Revised Code;	24584

(c) Handicapped children receiving special education services	24585
for the category two handicaps described in division (B) of	24586
section 3317.013 of the Revised Code;	24587

(d) Handicapped children receiving special education services	24588
for category three handicaps described in division (C) of section	24589
3317.013 of the Revised Code;	24590

(e) Handicapped children receiving special education services	24591
for category four handicaps described in division (D) of section	24592
3317.013 of the Revised Code;	24593

(f) Handicapped children receiving special education services	24594
for the category five handicap described in division (E) of	24595
section 3317.013 of the Revised Code;	24596

(g) Handicapped children receiving special education services	24597
for category six handicaps described in division (F) of section	24598
3317.013 of the Revised Code;	24599

(h) Students receiving category one vocational education	24600
services, described in division (A) of section 3317.014 of the	24601
Revised Code;	24602

(i) Students receiving category two vocational education	24603
services, described in division (B) of section 3317.014 of the	24604
Revised Code.	24605

The superintendent of each joint vocational school district	24606
shall also indicate the city, local, or exempted village school	24607
district in which each joint vocational district pupil is entitled	24608
to attend school pursuant to section 3313.64 or 3313.65 of the	24609
Revised Code.	24610

(E) In each school of each city, local, exempted village,	24611
joint vocational, and cooperative education school district there	24612
shall be maintained a record of school membership, which record	24613
shall accurately show, for each day the school is in session, the	24614
actual membership enrolled in regular day classes. For the purpose	24615
of determining average daily membership, the membership figure of	24616
any school shall not include any pupils except those pupils	24617
described by division (A) of this section. The record of	24618
membership for each school shall be maintained in such manner that	24619
no pupil shall be counted as in membership prior to the actual	24620
date of entry in the school and also in such manner that where for	24621
any cause a pupil permanently withdraws from the school that pupil	24622
shall not be counted as in membership from and after the date of	24623
such withdrawal. There shall not be included in the membership of	24624
any school any of the following:	24625

(1) Any pupil who has graduated from the twelfth grade of a	24626
public high school;	24627

(2) Any pupil who is not a resident of the state;

24628

(3) Any pupil who was enrolled in the schools of the district	24629
during the previous school year when tests were administered under	24630
section 3301.0711 of the Revised Code but did not take one or more	24631
of the tests required by that section and was not excused pursuant	24632
to division (C)(1) or (3) of that section;	24633

(4) Any pupil who has attained the age of twenty-two years,	24634
except for veterans of the armed services whose attendance was	24635
interrupted before completing the recognized twelve-year course of	24636
the public schools by reason of induction or enlistment in the	24637
armed forces and who apply for reenrollment in the public school	24638
system of their residence not later than four years after	24639
termination of war or their honorable discharge.	24640

If, however, any veteran described by division (E)(4) of this	24641
section elects to enroll in special courses organized for veterans	24642
for whom tuition is paid under the provisions of federal laws, or	24643
otherwise, that veteran shall not be included in average daily	24644
membership.	24645

Notwithstanding division (E)(3) of this section, the	24646
membership of any school may include a pupil who did not take a	24647
test required by section 3301.0711 of the Revised Code if the	24648
superintendent of public instruction grants a waiver from the	24649
requirement to take the test to the specific pupil. The	24650
superintendent may grant such a waiver only for good cause in	24651
accordance with rules adopted by the state board of education.	24652

Except as provided in divisions (B)(2) and (F) of this	24653
section, the average daily membership figure of any local, city,	24654
exempted village, or joint vocational school district shall be	24655
determined by dividing the figure representing the sum of the	24656
number of pupils enrolled during each day the school of attendance	24657
is actually open for instruction during the ~~first full school~~ week	24658
~~in October~~for which the formula ADM is being certified by the	24659
total number of days the school was actually open for instruction	24660
during that week. For purposes of state funding, "enrolled"	24661
persons are only those pupils who are attending school, those who	24662
have attended school during the current school year and are absent	24663
for authorized reasons, and those handicapped children currently	24664
receiving home instruction.	24665

The average daily membership figure of any cooperative	24666
education school district shall be determined in accordance with	24667
rules adopted by the state board of education.	24668

(F)(1) If the formula ADM for the first full school week in	24669
February is at least three per cent greater than that certified	24670
for the first full school week in the preceding October, the	24671
superintendent of schools of any city, exempted village, or joint	24672
vocational school district or educational service center shall	24673
certify such increase to the superintendent of public instruction.	24674
Such certification shall be submitted no later than the fifteenth	24675
day of February. For the balance of the fiscal year, beginning	24676
with the February payments, the superintendent of public	24677
instruction shall use the increased formula ADM in calculating or	24678
recalculating the amounts to be allocated in accordance with	24679
section 3317.022 or 3317.16 of the Revised Code. In no event shall	24680
the superintendent use an increased membership certified to the	24681
superintendent after the fifteenth day of February.	24682

(2) If on the first school day of April the total number of	24683
classes or units for handicapped preschool children that are	24684
eligible for approval under division (B) of section 3317.05 of the	24685
Revised Code exceeds the number of units that have been approved	24686
for the year under that division, the superintendent of schools of	24687
any city, exempted village, or cooperative education school	24688
district or educational service center shall make the	24689
certifications required by this section for that day. If the	24690
department determines additional units can be approved for the	24691
fiscal year within any limitations set forth in the acts	24692
appropriating moneys for the funding of such units, the department	24693
shall approve additional units for the fiscal year on the basis of	24694
such average daily membership. For each unit so approved, the	24695
department shall pay an amount computed in the manner prescribed	24696
in section 3317.052 or 3317.19 and section 3317.053 of the Revised	24697
Code.	24698

(3) If a student attending a community school under Chapter	24699
3314. of the Revised Code is not included in the formula ADM	24700
certified for the first full school week of October for the school	24701
district in which the student is entitled to attend school under	24702
section 3313.64 or 3313.65 of the Revised Code, the department of	24703
education shall adjust the formula ADM of that school district to	24704
include the community school student in accordance with division	24705
(C)(2) of this section, and shall recalculate the school	24706
district's payments under this chapter for the entire fiscal year	24707
on the basis of that adjusted formula ADM. This requirement	24708
applies regardless of whether the student was enrolled, as defined	24709
in division (E) of this section, in the community school during	24710
the first full school week in October.	24711

(G)(1)~~(a)~~ The superintendent of an institution operating a	24712
special education program pursuant to section 3323.091 of the	24713
Revised Code shall, for the programs under such superintendent's	24714
supervision, certify to the state board of education ~~the~~, in the	24715
manner prescribed by the superintendent of public instruction,	24716
both of the following:	24717

(a) The average daily membership of all handicapped children	24718
other than handicapped preschool children receiving services at	24719
the institution for each category of handicap described in	24720
divisions (A) to (F) of section 3317.013 of the Revised Code;	24721

(b) The average daily membership of all handicapped preschool	24722
children in classes or programs approved annually by the	24723
department of education~~, in the manner prescribed by the~~	24724
~~superintendent of public instruction~~for unit funding under	24725
section 3317.05 of the Revised Code.	24726

~~(b) The superintendent of an institution with vocational~~	24727
~~education units approved under division (A) of section 3317.05 of~~	24728
~~the Revised Code shall, for the units under the superintendent's~~	24729
~~supervision, certify to the state board of education the average~~	24730
~~daily membership in those units, in the manner prescribed by the~~	24731
~~superintendent of public instruction.~~	24732

(2) The superintendent of each county MR/DD board that	24733
maintains special education classes under section 3317.20 of the	24734
Revised Code or units approved pursuant to section 3317.05 of the	24735
Revised Code shall do both of the following:	24736

(a) Certify to the state board, in the manner prescribed by	24737
the board, the average daily membership in classes under section	24738
3317.20 of the Revised Code for each school district that has	24739
placed children in the classes;	24740

(b) Certify to the state board, in the manner prescribed by	24741
the board, the number of all handicapped preschool children	24742
enrolled as of the first day of December in classes eligible for	24743
approval under division (B) of section 3317.05 of the Revised	24744
Code, and the number of those classes.	24745

(3)(a) If on the first school day of April the number of	24746
classes or units maintained for handicapped preschool children by	24747
the county MR/DD board that are eligible for approval under	24748
division (B) of section 3317.05 of the Revised Code is greater	24749
than the number of units approved for the year under that	24750
division, the superintendent shall make the certification required	24751
by this section for that day.	24752

(b) If the department determines that additional classes or	24753
units can be approved for the fiscal year within any limitations	24754
set forth in the acts appropriating moneys for the funding of the	24755
classes and units described in division (G)(3)(a) of this section,	24756
the department shall approve and fund additional units for the	24757
fiscal year on the basis of such average daily membership. For	24758
each unit so approved, the department shall pay an amount computed	24759
in the manner prescribed in sections 3317.052 and 3317.053 of the	24760
Revised Code.	24761

(H) Except as provided in division (I) of this section, when	24762
any city, local, or exempted village school district provides	24763
instruction for a nonresident pupil whose attendance is	24764
unauthorized attendance as defined in section 3327.06 of the	24765
Revised Code, that pupil's membership shall not be included in	24766
that district's membership figure used in the calculation of that	24767
district's formula ADM or included in the determination of any	24768
unit approved for the district under section 3317.05 of the	24769
Revised Code. The reporting official shall report separately the	24770
average daily membership of all pupils whose attendance in the	24771
district is unauthorized attendance, and the membership of each	24772
such pupil shall be credited to the school district in which the	24773
pupil is entitled to attend school under division (B) of section	24774
3313.64 or section 3313.65 of the Revised Code as determined by	24775
the department of education.	24776

(I)(1) A city, local, exempted village, or joint vocational	24777
school district admitting a scholarship student of a pilot project	24778
district pursuant to division (C) of section 3313.976 of the	24779
Revised Code may count such student in its average daily	24780
membership.	24781

(2) In any year for which funds are appropriated for pilot	24782
project scholarship programs, a school district implementing a	24783
state-sponsored pilot project scholarship program that year	24784
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	24785
count in average daily membership:	24786

(a) All children residing in the district and utilizing a	24787
scholarship to attend kindergarten in any alternative school, as	24788
defined in section 3313.974 of the Revised Code;	24789

(b) All children who were enrolled in the district in the	24790
preceding year who are utilizing a scholarship to attend any such	24791
alternative school.	24792

(J) The superintendent of each cooperative education school	24793
district shall certify to the superintendent of public	24794
instruction, in a manner prescribed by the state board of	24795
education, the applicable average daily memberships for all	24796
students in the cooperative education district, also indicating	24797
the city, local, or exempted village district where each pupil is	24798
entitled to attend school under section 3313.64 or 3313.65 of the	24799
Revised Code.	24800

Sec. 3317.031. A membership record shall be kept by grade	24801
level in each city, local, exempted village, joint vocational, and	24802
cooperative education school district and such a record shall be	24803
kept by grade level in each educational service center that	24804
provides academic instruction to pupils, classes for handicapped	24805
pupils, or any other direct instructional services to pupils. Such	24806
membership record shall show the following information for each	24807
pupil enrolled: Name, date of birth, name of parent, date entered	24808
school, date withdrawn from school, days present, days absent, and	24809
the number of days school was open for instruction while the pupil	24810
was enrolled. At the end of the school year this membership record	24811
shall show the total days present, the total days absent, and the	24812
total days due for all pupils in each grade. Such membership	24813
record shall show the pupils that are transported to and from	24814
school and it shall also show the pupils that are transported	24815
living within one mile of the school attended. This membership	24816
record shall also show any other information prescribed by the	24817
state board of education.	24818

This membership record shall be kept intact for at least five	24819
years and shall be made available to the state board of education	24820
or its representative in making an audit of the average daily	24821
membership or the transportation of the district or educational	24822
service center. The membership records of local school districts	24823
shall be filed at the close of each school year in the office of	24824
the educational service center superintendent.	24825

The state board of education may withhold any money due any	24826
school district or educational service center under sections	24827
3317.022 to ~~3317.0212~~3317.0211, 3317.11, 3317.16, 3317.17, or	24828
3317.19 of the Revised Code until it has satisfactory evidence	24829
that the board of education or educational service center	24830
governing board has fully complied with all of the provisions of	24831
this section.	24832

Nothing in this section shall require any person to release,	24833
or to permit access to, public school records in violation of	24834
section 3319.321 of the Revised Code.	24835

Sec. 3317.05. (A) ~~For~~The department of education shall	24836
assign units under this division until July 1, 2005.	24837

For the purpose of calculating payments under sections	24838
3317.052 and 3317.053 of the Revised Code, the department of	24839
education shall determine for each institution, by the last day of	24840
January of each year and based on information certified under	24841
section 3317.03 of the Revised Code, the number of vocational	24842
education units or fractions of units approved by the department	24843
on the basis of standards and rules adopted by the state board of	24844
education. As used in this division, "institution" means an	24845
institution operated by a department specified in section 3323.091	24846
of the Revised Code and that provides vocational education	24847
programs under the supervision of the division of vocational	24848
education of the department that meet the standards and rules for	24849
these programs, including licensure of professional staff involved	24850
in the programs, as established by the state board.	24851

(B) For the purpose of calculating payments under sections	24852
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	24853
department shall determine, based on information certified under	24854
section 3317.03 of the Revised Code, the following by the last day	24855
of January of each year for each educational service center, for	24856
each school district, including each cooperative education school	24857
district, for each institution eligible for payment under section	24858
3323.091 of the Revised Code, and for each county MR/DD board: the	24859
number of classes operated by the school district, service center,	24860
institution, or county MR/DD board for handicapped preschool	24861
children, or fraction thereof, including in the case of a district	24862
or service center that is a funding agent, classes taught by a	24863
licensed teacher employed by that district or service center under	24864
section 3313.841 of the Revised Code, approved annually by the	24865
department on the basis of standards and rules adopted by the	24866
state board.	24867

(C) For the purpose of calculating payments under sections	24868
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	24869
department shall determine, based on information certified under	24870
section 3317.03 of the Revised Code, the following by the last day	24871
of January of each year for each school district, including each	24872
cooperative education school district, for each institution	24873
eligible for payment under section 3323.091 of the Revised Code,	24874
and for each county MR/DD board: the number of preschool	24875
handicapped related services units for child study, occupational,	24876
physical, or speech and hearing therapy, special education	24877
supervisors, and special education coordinators approved annually	24878
by the department on the basis of standards and rules adopted by	24879
the state board.	24880

(D) ~~For the purpose of calculating payments under sections~~	24881
~~3317.052 and 3317.053 of the Revised Code, the department shall~~	24882
~~determine, based on information certified under section 3317.03 of~~	24883
~~the Revised Code, the following by the last day of January of each~~	24884
~~year for each institution eligible for payment under section~~	24885
~~3323.091 of the Revised Code:~~	24886

~~(1) The number of classes operated by an institution for~~	24887
~~handicapped children other than handicapped preschool children, or~~	24888
~~fraction thereof, approved annually by the department on the basis~~	24889
~~of standards and rules adopted by the state board;~~	24890

~~(2) The number of related services units for children other~~	24891
~~than handicapped preschool children for child study, occupational,~~	24892
~~physical, or speech and hearing therapy, special education~~	24893
~~supervisors, and special education coordinators approved annually~~	24894
~~by the department on the basis of standards and rules adopted by~~	24895
~~the state board.~~	24896

~~(E)~~ All of the arithmetical calculations made under this	24897
section shall be carried to the second decimal place. The total	24898
number of units for school districts, service centers, and	24899
institutions approved annually under this section shall not exceed	24900
the number of units included in the estimate of cost for these	24901
units and appropriations made for them by the general assembly.	24902

~~In the case of units described in division (D)(1) of this~~	24903
~~section operated by institutions eligible for payment under~~	24904
~~section 3323.091 of the Revised Code, the department shall approve~~	24905
~~only units for persons who are under age twenty-two on the first~~	24906
~~day of the academic year, but not less than six years of age on~~	24907
~~the thirtieth day of September of that year, except that such a~~	24908
~~unit may include one or more children who are under six years of~~	24909
~~age on the thirtieth day of September if such children have been~~	24910
~~admitted to the unit pursuant to rules of the state board.~~ In the	24911
case of handicapped preschool units described in division (B) of	24912
this section, the department shall approve only preschool units	24913
for children who are under age six on the thirtieth day of	24914
September of the academic year, or on the first day of August of	24915
the academic year if the school district in which the child is	24916
enrolled has adopted a resolution under division (A)(3) of section	24917
3321.01 of the Revised Code, but not less than age three on the	24918
first day of December of the academic year, except that such a	24919
unit may include one or more children who are under age three or	24920
are age six or over on the ~~first day of December~~applicable date,	24921
as reported under division (B)(2) or (G)(2)(b) of section 3317.03	24922
of the Revised Code, if such children have been admitted to the	24923
unit pursuant to rules of the state board. The number of units for	24924
county MR/DD boards and institutions eligible for payment under	24925
section 3323.091 of the Revised Code approved under this section	24926
shall not exceed the number that can be funded with appropriations	24927
made for such purposes by the general assembly.	24928

No unit shall be approved under divisions (B) ~~to (D)~~and (C)	24929
of this section unless a plan has been submitted and approved	24930
under Chapter 3323. of the Revised Code.	24931

~~(F)~~(E) The department shall approve units or fractions	24932
thereof for gifted children on the basis of standards and rules	24933
adopted by the state board.	24934

Sec. 3317.052. As used in this section, "institution" means	24935
an institution operated by a department specified in division (A)	24936
of section 3323.091 of the Revised Code.	24937

(A)(1) The department of education shall pay each school	24938
district, educational service center, institution eligible for	24939
payment under section 3323.091 of the Revised Code, or county	24940
MR/DD board an amount for the total of all classroom units for	24941
handicapped preschool children approved under division (B) of	24942
section 3317.05 of the Revised Code. For each unit, the amount	24943
shall be the sum of the minimum salary for the teacher of the	24944
unit, calculated on the basis of the teacher's training level and	24945
years of experience pursuant to the salary schedule prescribed in	24946
the version of section 3317.13 of the Revised Code in effect prior	24947
to ~~the effective date of this amendment~~July 1, 2001, plus fifteen	24948
per cent of that minimum salary amount, and eight thousand	24949
twenty-three dollars.	24950

(2) The department shall pay each school district,	24951
educational service center, institution eligible for payment under	24952
section 3323.091 of the Revised Code, or county MR/DD board an	24953
amount for the total of all related services units for handicapped	24954
preschool children approved under division (C) of section 3317.05	24955
of the Revised Code. For each such unit, the amount shall be the	24956
sum of the minimum salary for the teacher of the unit calculated	24957
on the basis of the teacher's training level and years of	24958
experience pursuant to the salary schedule prescribed in the	24959
version of section 3317.13 of the Revised Code in effect prior to	24960
~~the effective date of this amendment~~July 1, 2001, fifteen per	24961
cent of that minimum salary amount, and two thousand one hundred	24962
thirty-two dollars.	24963

(B) If a school district, educational service center, or	24964
county MR/DD board has had additional handicapped preschool units	24965
approved for the year under division (F)(2) or (G)(3) of section	24966
3317.03 of the Revised Code, the district, educational service	24967
center, or board shall receive an additional amount during the	24968
last half of the fiscal year. For each district, center, or board,	24969
the additional amount for each unit shall equal fifty per cent of	24970
the amounts computed for the unit in the manner prescribed by	24971
division (A) of this section and division (C) of section 3317.053	24972
of the Revised Code.	24973

(C)~~(1) The department shall pay each institution eligible for~~	24974
~~payment under section 3323.091 of the Revised Code or county MR/DD~~	24975
~~board an amount for the total of all special education units~~	24976
~~approved under division (D)(1) of section 3317.05 of the Revised~~	24977
~~Code. The amount for each unit shall be the sum of the minimum~~	24978
~~salary for the teacher of the unit, calculated on the basis of the~~	24979
~~teacher's training level and years of experience pursuant to the~~	24980
~~salary schedule prescribed in the version of section 3317.13 of~~	24981
~~the Revised Code in effect prior to the effective date of this~~	24982
~~amendment, plus fifteen per cent of that minimum salary amount,~~	24983
~~and eight thousand twenty-three dollars.~~	24984

~~(2) The department shall pay each institution eligible for~~	24985
~~payment under section 3323.091 of the Revised Code an amount for~~	24986
~~the total of all related services units approved under division~~	24987
~~(D)(2) of section 3317.05 of the Revised Code. The amount for each~~	24988
~~unit shall be the sum of the minimum salary for the teacher of the~~	24989
~~unit, calculated on the basis of the teacher's training level and~~	24990
~~years of experience pursuant to the salary schedule prescribed in~~	24991
~~the version of section 3317.13 of the Revised Code in effect prior~~	24992
~~to the effective date of this amendment, plus fifteen per cent of~~	24993
~~that minimum salary amount, and two thousand one hundred~~	24994
~~thirty-two dollars.~~	24995

~~(D)~~ The department ~~shall~~may pay each institution approved	24996
for vocational education ~~units under division (A) of section~~	24997
~~3317.05 of the Revised Code an amount for the total of all the~~	24998
~~units approved under that division. The amount for each unit shall~~	24999
~~be the sum of the minimum salary for the teacher of the unit,~~	25000
~~calculated on the basis of the teacher's training level and years~~	25001
~~of experience pursuant to the salary schedule prescribed in the~~	25002
~~version of section 3317.13 of the Revised Code in effect prior to~~	25003
~~the effective date of this amendment, plus fifteen per cent of~~	25004
~~that minimum salary amount, and nine thousand five hundred ten~~	25005
~~dollars~~a grant amount based on the institution's submission of a	25006
comprehensive plan for a program to provide vocational education	25007
services. Each institution that receives a grant under this	25008
division annually shall report to the department on the delivery	25009
of services and the performance of students and any other	25010
information required by the department to evaluate the	25011
institution's vocational education program.	25012

Sec. 3317.053. (A) As used in this section:

25013

(1) "State share percentage" has the same meaning as in	25014
section 3317.022 of the Revised Code.	25015

(2) "Dollar amount" means the amount shown in the following	25016
table for the corresponding type of unit:	25017

TYPE OF UNIT	DOLLAR AMOUNT	25018
Division (B) of section 3317.05		25019
of the Revised Code	$8,334	25020
Division (C) of that section	$3,234	25021
Division ~~(F)~~(E) of that section	$5,550	25022

(3) "Average unit amount" means the amount shown in the	25023
following table for the corresponding type of unit:	25024

		25025
TYPE OF UNIT	AVERAGE UNIT AMOUNT	25026
Division (B) of section 3317.05		25027
of the Revised Code	$7,799	25028
Division (C) of that section	$2,966	25029
Division ~~(F)~~(E) of that section	$5,251	25030

(B) In the case of each unit described in division (B), (C),	25031
or ~~(F)~~(E) of section 3317.05 of the Revised Code and allocated to	25032
a city, local, or exempted village school district, the department	25033
of education, in addition to the amounts specified in division (P)	25034
of section 3317.024 and sections 3317.052 and 3317.19 of the	25035
Revised Code, shall pay a supplemental unit allowance equal to the	25036
sum of the following amounts:	25037

(1) An amount equal to 50% of the average unit amount for the	25038
unit;	25039

(2) An amount equal to the percentage of the dollar amount	25040
for the unit that equals the district's state share percentage.	25041

If, prior to the fifteenth day of May of a fiscal year, a	25042
school district's aid computed under section 3317.022 of the	25043
Revised Code is recomputed pursuant to section 3317.027 or	25044
3317.028 of the Revised Code, the department shall also recompute	25045
the district's entitlement to payment under this section utilizing	25046
a new state share percentage. Such new state share percentage	25047
shall be determined using the district's recomputed basic aid	25048
amount pursuant to section 3317.027 or 3317.028 of the Revised	25049
Code. During the last six months of the fiscal year, the	25050
department shall pay the district a sum equal to one-half of the	25051
recomputed payment in lieu of one-half the payment otherwise	25052
calculated under this section.	25053

(C)(1) In the case of each unit allocated to an institution	25054
pursuant to division (A) of section 3317.05 of the Revised Code,	25055
the department, in addition to the amount specified in section	25056
3317.052 of the Revised Code, shall pay a supplemental unit	25057
allowance of $7,227.	25058

(2) In the case of each unit described in division (B) or	25059
~~(D)(1)~~ of section 3317.05 of the Revised Code that is allocated to	25060
any entity other than a city, exempted village, or local school	25061
district, the department, in addition to the amount specified in	25062
section 3317.052 of the Revised Code, shall pay a supplemental	25063
unit allowance of $7,799.	25064

(3) In the case of each unit described in division (C) or	25065
~~(D)(2)~~ of section 3317.05 of the Revised Code and allocated to any	25066
entity other than a city, exempted village, or local school	25067
district, the department, in addition to the amounts specified in	25068
section 3317.052 of the Revised Code, shall pay a supplemental	25069
unit allowance of $2,966.	25070

(4) In the case of each unit described in division ~~(F)~~(E) of	25071
section 3317.05 of the Revised Code and allocated to an	25072
educational service center, the department, in addition to the	25073
amounts specified in division (P) of section 3317.024 of the	25074
Revised Code, shall pay a supplemental unit allowance of $5,251.	25075

Sec. 3317.06. Moneys paid to school districts under division	25076
(L) of section 3317.024 of the Revised Code shall be used for the	25077
following independent and fully severable purposes:	25078

(A) To purchase such secular textbooks or electronic	25079
textbooks as have been approved by the superintendent of public	25080
instruction for use in public schools in the state and to loan	25081
such textbooks or electronic textbooks to pupils attending	25082
nonpublic schools within the district or to their parents and to	25083
hire clerical personnel to administer such lending program. Such	25084
loans shall be based upon individual requests submitted by such	25085
nonpublic school pupils or parents. Such requests shall be	25086
submitted to the school district in which the nonpublic school is	25087
located. Such individual requests for the loan of textbooks or	25088
electronic textbooks shall, for administrative convenience, be	25089
submitted by the nonpublic school pupil or the pupil's parent to	25090
the nonpublic school, which shall prepare and submit collective	25091
summaries of the individual requests to the school district. As	25092
used in this section:	25093

(1) "Textbook" means any book or book substitute that a pupil	25094
uses as a consumable or nonconsumable text, text substitute, or	25095
text supplement in a particular class or program in the school the	25096
pupil regularly attends.	25097

(2) "Electronic textbook" means computer software,	25098
interactive videodisc, magnetic media, CD-ROM, computer	25099
courseware, local and remote computer assisted instruction,	25100
on-line service, electronic medium, or other means of conveying	25101
information to the student or otherwise contributing to the	25102
learning process through electronic means.	25103

(B) To provide speech and hearing diagnostic services to	25104
pupils attending nonpublic schools within the district. Such	25105
service shall be provided in the nonpublic school attended by the	25106
pupil receiving the service.	25107

(C) To provide physician, nursing, dental, and optometric	25108
services to pupils attending nonpublic schools within the	25109
district. Such services shall be provided in the school attended	25110
by the nonpublic school pupil receiving the service.	25111

(D) To provide diagnostic psychological services to pupils	25112
attending nonpublic schools within the district. Such services	25113
shall be provided in the school attended by the pupil receiving	25114
the service.	25115

(E) To provide therapeutic psychological and speech and	25116
hearing services to pupils attending nonpublic schools within the	25117
district. Such services shall be provided in the public school, in	25118
nonpublic schools, in public centers, or in mobile units located	25119
on or off of the nonpublic premises. If such services are provided	25120
in the public school or in public centers, transportation to and	25121
from such facilities shall be provided by the school district in	25122
which the nonpublic school is located.	25123

(F) To provide guidance and counseling services to pupils	25124
attending nonpublic schools within the district. Such services	25125
shall be provided in the public school, in nonpublic schools, in	25126
public centers, or in mobile units located on or off of the	25127
nonpublic premises. If such services are provided in the public	25128
school or in public centers, transportation to and from such	25129
facilities shall be provided by the school district in which the	25130
nonpublic school is located.	25131

(G) To provide remedial services to pupils attending	25132
nonpublic schools within the district. Such services shall be	25133
provided in the public school, in nonpublic schools, in public	25134
centers, or in mobile units located on or off of the nonpublic	25135
premises. If such services are provided in the public school or in	25136
public centers, transportation to and from such facilities shall	25137
be provided by the school district in which the nonpublic school	25138
is located.	25139

(H) To supply for use by pupils attending nonpublic schools	25140
within the district such standardized tests and scoring services	25141
as are in use in the public schools of the state;	25142

(I) To provide programs for children who attend nonpublic	25143
schools within the district and are handicapped children as	25144
defined in division (A) of section 3323.01 of the Revised Code or	25145
gifted children. Such programs shall be provided in the public	25146
school, in nonpublic schools, in public centers, or in mobile	25147
units located on or off of the nonpublic premises. If such	25148
programs are provided in the public school or in public centers,	25149
transportation to and from such facilities shall be provided by	25150
the school district in which the nonpublic school is located.	25151

(J) To hire clerical personnel to assist in the	25152
administration of programs pursuant to divisions (B), (C), (D),	25153
(E), (F), (G), and (I) of this section and to hire supervisory	25154
personnel to supervise the providing of services and textbooks	25155
pursuant to this section.	25156

(K) To purchase or lease any secular, neutral, and	25157
nonideological computer software (including site-licensing),	25158
prerecorded video laserdiscs, digital video on demand (DVD),	25159
compact discs, and video cassette cartridges, wide area	25160
connectivity and related technology as it relates to internet	25161
access, mathematics or science equipment and materials,	25162
instructional materials, and school library materials that are in	25163
general use in the public schools of the state and loan such items	25164
to pupils attending nonpublic schools within the district or to	25165
their parents, and to hire clerical personnel to administer the	25166
lending program. Only such items that are incapable of diversion	25167
to religious use and that are susceptible of loan to individual	25168
pupils and are furnished for the use of individual pupils shall be	25169
purchased and loaned under this division. As used in this section,	25170
"instructional materials" means prepared learning materials that	25171
are secular, neutral, and nonideological in character and are of	25172
benefit to the instruction of school children, and may include	25173
educational resources and services developed by the eTech Ohio	25174
~~schoolnet~~ commission.	25175

(L) To purchase or lease instructional equipment, including	25176
computer hardware and related equipment in general use in the	25177
public schools of the state, for use by pupils attending nonpublic	25178
schools within the district and to loan such items to pupils	25179
attending nonpublic schools within the district or to their	25180
parents, and to hire clerical personnel to administer the lending	25181
program.	25182

(M) To purchase mobile units to be used for the provision of	25183
services pursuant to divisions (E), (F), (G), and (I) of this	25184
section and to pay for necessary repairs and operating costs	25185
associated with these units.	25186

Clerical and supervisory personnel hired pursuant to division	25187
(J) of this section shall perform their services in the public	25188
schools, in nonpublic schools, public centers, or mobile units	25189
where the services are provided to the nonpublic school pupil,	25190
except that such personnel may accompany pupils to and from the	25191
service sites when necessary to ensure the safety of the children	25192
receiving the services.	25193

All services provided pursuant to this section may be	25194
provided under contract with educational service centers, the	25195
department of health, city or general health districts, or private	25196
agencies whose personnel are properly licensed by an appropriate	25197
state board or agency.	25198

Transportation of pupils provided pursuant to divisions (E),	25199
(F), (G), and (I) of this section shall be provided by the school	25200
district from its general funds and not from moneys paid to it	25201
under division (L) of section 3317.024 of the Revised Code unless	25202
a special transportation request is submitted by the parent of the	25203
child receiving service pursuant to such divisions. If such an	25204
application is presented to the school district, it may pay for	25205
the transportation from moneys paid to it under division (L) of	25206
section 3317.024 of the Revised Code.	25207

No school district shall provide health or remedial services	25208
to nonpublic school pupils as authorized by this section unless	25209
such services are available to pupils attending the public schools	25210
within the district.	25211

Materials, equipment, computer hardware or software,	25212
textbooks, electronic textbooks, and health and remedial services	25213
provided for the benefit of nonpublic school pupils pursuant to	25214
this section and the admission of pupils to such nonpublic schools	25215
shall be provided without distinction as to race, creed, color, or	25216
national origin of such pupils or of their teachers.	25217

No school district shall provide services, materials, or	25218
equipment that contain religious content for use in religious	25219
courses, devotional exercises, religious training, or any other	25220
religious activity.	25221

As used in this section, "parent" includes a person standing	25222
in loco parentis to a child.	25223

Notwithstanding section 3317.01 of the Revised Code, payments	25224
shall be made under this section to any city, local, or exempted	25225
village school district within which is located one or more	25226
nonpublic elementary or high schools and any payments made to	25227
school districts under division (L) of section 3317.024 of the	25228
Revised Code for purposes of this section may be disbursed without	25229
submission to and approval of the controlling board.	25230

The allocation of payments for materials, equipment,	25231
textbooks, electronic textbooks, health services, and remedial	25232
services to city, local, and exempted village school districts	25233
shall be on the basis of the state board of education's estimated	25234
annual average daily membership in nonpublic elementary and high	25235
schools located in the district.	25236

Payments made to city, local, and exempted village school	25237
districts under this section shall be equal to specific	25238
appropriations made for the purpose. All interest earned by a	25239
school district on such payments shall be used by the district for	25240
the same purposes and in the same manner as the payments may be	25241
used.	25242

The department of education shall adopt guidelines and	25243
procedures under which such programs and services shall be	25244
provided, under which districts shall be reimbursed for	25245
administrative costs incurred in providing such programs and	25246
services, and under which any unexpended balance of the amounts	25247
appropriated by the general assembly to implement this section may	25248
be transferred to the auxiliary services personnel unemployment	25249
compensation fund established pursuant to section 4141.47 of the	25250
Revised Code. The department shall also adopt guidelines and	25251
procedures limiting the purchase and loan of the items described	25252
in division (K) of this section to items that are in general use	25253
in the public schools of the state, that are incapable of	25254
diversion to religious use, and that are susceptible to individual	25255
use rather than classroom use. Within thirty days after the end of	25256
each biennium, each board of education shall remit to the	25257
department all moneys paid to it under division (L) of section	25258
3317.024 of the Revised Code and any interest earned on those	25259
moneys that are not required to pay expenses incurred under this	25260
section during the biennium for which the money was appropriated	25261
and during which the interest was earned. If a board of education	25262
subsequently determines that the remittal of moneys leaves the	25263
board with insufficient money to pay all valid expenses incurred	25264
under this section during the biennium for which the remitted	25265
money was appropriated, the board may apply to the department of	25266
education for a refund of money, not to exceed the amount of the	25267
insufficiency. If the department determines the expenses were	25268
lawfully incurred and would have been lawful expenditures of the	25269
refunded money, it shall certify its determination and the amount	25270
of the refund to be made to the director of job and family	25271
services who shall make a refund as provided in section 4141.47 of	25272
the Revised Code.	25273

Sec. 3317.063. The superintendent of public instruction, in	25274
accordance with rules adopted by the department of education,	25275
shall annually reimburse each chartered nonpublic school for the	25276
actual mandated service administrative and clerical costs incurred	25277
by such school during the preceding school year in preparing,	25278
maintaining, and filing reports, forms, and records, and in	25279
providing such other administrative and clerical services that are	25280
not an integral part of the teaching process as may be required by	25281
state law or rule or by requirements duly promulgated by city,	25282
exempted village, or local school districts. The mandated service	25283
costs reimbursed pursuant to this section shall include, but are	25284
not limited to, the preparation, filing and maintenance of forms,	25285
reports, or records and other clerical and administrative services	25286
relating to state chartering or approval of the nonpublic school,	25287
pupil attendance, pupil health and health testing, transportation	25288
of pupils, federally funded education programs, pupil appraisal,	25289
pupil progress, educator licensure, unemployment and workers'	25290
compensation, transfer of pupils, and such other education related	25291
data which are now or hereafter shall be required of such	25292
nonpublic school by state law or rule, or by requirements of the	25293
state department of education, other state agencies, or city,	25294
exempted village, or local school districts.	25295

The reimbursement required by this section shall be for	25296
school years beginning on or after July 1, 1981.	25297

Each nonpublic school which seeks reimbursement pursuant to	25298
this section shall submit to the superintendent of public	25299
instruction an application together with such additional reports	25300
and documents as the department of education may require. Such	25301
application, reports, and documents shall contain such information	25302
as the department of education may prescribe in order to carry out	25303
the purposes of this section. No payment shall be made until the	25304
superintendent of public instruction has approved such	25305
application.	25306

Each nonpublic school which applies for reimbursement	25307
pursuant to this section shall maintain a separate account or	25308
system of accounts for the expenses incurred in rendering the	25309
required services for which reimbursement is sought. Such accounts	25310
shall contain such information as is required by the department of	25311
education and shall be maintained in accordance with rules adopted	25312
by the department of education.	25313

Reimbursement payments to a nonpublic school pursuant to this	25314
section shall not exceed an amount for each school year equal to	25315
two hundred ~~fifty~~seventy-five dollars per pupil enrolled in that	25316
nonpublic school.	25317

The superintendent of public instruction may, from time to	25318
time, examine any and all accounts and records of a nonpublic	25319
school which have been maintained pursuant to this section in	25320
support of an application for reimbursement, for the purpose of	25321
determining the costs to such school of rendering the services for	25322
which reimbursement is sought. If after such audit it is	25323
determined that any school has received funds in excess of the	25324
actual cost of providing such services, said school shall	25325
immediately reimburse the state in such excess amount.	25326

Any payments made to chartered nonpublic schools under this	25327
section may be disbursed without submission to and approval of the	25328
controlling board.	25329

Sec. 3317.081. (A) Tuition shall be computed in accordance	25330
with this section if:	25331

(1) The tuition is required by division (C)(3)(b) of section	25332
3313.64 of the Revised Code; or	25333

(2) Neither the child nor the child's parent resides in this	25334
state and tuition is required by section 3327.06 of the Revised	25335
Code.	25336

(B) Tuition computed in accordance with this section shall	25337
equal the attendance district's tuition rate computed under	25338
section 3317.08 of the Revised Code plus the amount that district	25339
would have received for the child pursuant to sections 3317.022,	25340
3317.023, and 3317.025 to ~~3317.0213~~3317.0211 of the Revised Code	25341
during the school year had the attendance district been authorized	25342
to count the child in its formula ADM for that school year under	25343
section 3317.03 of the Revised Code.	25344

Sec. 3317.09. All moneys distributed to a school district,	25345
including any cooperative education or joint vocational school	25346
district and all moneys distributed to any educational service	25347
center, by the state whether from a state or federal source, shall	25348
be accounted for by the division of school finance of the	25349
department of education. All moneys distributed shall be coded as	25350
to county, school district or educational service center, source,	25351
and other pertinent information, and at the end of each month, a	25352
report of such distribution shall be made by such division of	25353
school finance ~~to the clerk of the senate and the chief~~	25354
~~administrative officer of the house of representatives, to the~~	25355
~~Ohio legislative service commission to be available for~~	25356
~~examination by any member of either house,~~ to each school district	25357
and educational service center~~, and to the governor.~~	25358

~~On or before the first day of September in each year, a copy~~	25359
~~of the annual statistical report required in section 3319.33 of~~	25360
~~the Revised Code shall be filed by the state board of education~~	25361
~~with the clerk of the senate and the chief administrative officer~~	25362
~~of the house of representatives, the Ohio legislative service~~	25363
~~commission, the governor, and the auditor of state. The report~~	25364
~~shall contain an analysis for the prior fiscal year on an accrual~~	25365
~~basis of revenue receipts from all sources and expenditures for~~	25366
~~all purposes for each school district, including each joint~~	25367
~~vocational and cooperative education school district, in the~~	25368
~~state~~. If any board of education fails to make the report required	25369
in section 3319.33 of the Revised Code, the superintendent of	25370
public instruction shall be without authority to distribute funds	25371
to that school district or educational service center pursuant to	25372
sections 3317.022 to ~~3317.0212~~3317.0211, 3317.11, 3317.16,	25373
3317.17, or 3317.19 of the Revised Code until such time as the	25374
required reports are filed with all specified officers, boards, or	25375
agencies.	25376

Sec. 3317.10. (A) On or before the first day of March of	25377
each year, the department of job and family services shall certify	25378
to the state board of education the unduplicated number of	25379
children ages five through seventeen residing in each school	25380
district and living in a family that, during the preceding	25381
October, ~~had family income not exceeding the federal poverty~~	25382
~~guidelines as defined in section 5101.46 of the Revised Code and~~	25383
participated in ~~one of the following:~~	25384

~~(1)~~ Ohio works first;

25385

~~(2) The food stamp program;~~

25386

~~(3) The medical assistance program, including the healthy~~	25387
~~start program, established under Chapter 5111. of the Revised~~	25388
~~Code;~~	25389

~~(4) The children's health insurance program part I~~	25390
~~established under section 5101.50 of the Revised Code;~~	25391

~~(5) The disability financial assistance program established~~	25392
~~under Chapter 5115. of the Revised Code;~~	25393

~~(6) The disability medical assistance program established~~	25394
~~under Chapter 5115. of the Revised Code~~.	25395

The department of job and family services shall certify this	25396
information according to the school district of residence for each	25397
child. Except as provided under division (B) of this section, the	25398
number of children so certified in any year shall be used by the	25399
department of education in calculating the distribution of moneys	25400
for the ensuing fiscal year as provided in section 3317.029 of the	25401
Revised Code.	25402

(B) Upon the transfer of part of the territory of one school	25403
district to the territory of one or more other school districts,	25404
the department of education may adjust the number of children	25405
certified under division (A) of this section for any district	25406
gaining or losing territory in such a transfer in order to take	25407
into account the effect of the transfer on the number of such	25408
children who reside in the district. Within sixty days of receipt	25409
of a request for information from the department of education, the	25410
department of job and family services shall provide any	25411
information the department of education determines is necessary to	25412
make such adjustments. The department of education may use the	25413
adjusted number for any district for the applicable fiscal year,	25414
in lieu of the number certified for the district for that fiscal	25415
year under division (A) of this section, in the calculation of the	25416
distribution of moneys provided in section 3317.029 of the Revised	25417
Code.	25418

Sec. 3317.16. (A) As used in this section:

25419

(1) "State share percentage" means the percentage calculated	25420
for a joint vocational school district as follows:	25421

(a) Calculate the state base cost funding amount for the	25422
district under division (B) of this section. If the district would	25423
not receive any base cost funding for that year under that	25424
division, the district's state share percentage is zero.	25425

(b) If the district would receive base cost funding under	25426
that division, divide that base cost amount by an amount equal to	25427
the following:	25428

~~cost-of-doing-business factor X~~

25429

the formula amount X

25430

formula ADM

25431

The resultant number is the district's state share	25432
percentage.	25433

(2) The "total special education weight" for a joint	25434
vocational school district shall be calculated in the same manner	25435
as prescribed in division (B)(1) of section 3317.022 of the	25436
Revised Code.	25437

(3) The "total vocational education weight" for a joint	25438
vocational school district shall be calculated in the same manner	25439
as prescribed in division (B)(4) of section 3317.022 of the	25440
Revised Code.	25441

(4) The "total recognized valuation" of a joint vocational	25442
school district shall be determined by adding the recognized	25443
valuations of all its constituent school districts for the	25444
applicable fiscal year.	25445

(5) "Resident district" means the city, local, or exempted	25446
village school district in which a student is entitled to attend	25447
school under section 3313.64 or 3313.65 of the Revised Code.	25448

(6) "Community school" means a community school established	25449
under Chapter 3314. of the Revised Code.	25450

(B) The department of education shall compute and distribute	25451
state base cost funding to each joint vocational school district	25452
for the fiscal year in accordance with division (B) of this	25453
section.	25454

(1) Compute the following ~~formula~~for each eligible district:

25455

(~~cost-of-doing-business factor X~~

25456

formula amount X

25457

formula ADM) -

25458

(.0005 X total recognized valuation)

25459

If the difference obtained under this division is a negative	25460
number, the district's computation shall be zero.	25461

(2) Compute both of the following for each district:

25462

(a) The difference of (i) the district's fiscal year 2005	25463
base cost payment under the version of division (B) of this	25464
section in effect in fiscal year 2005, minus (ii) the amount	25465
computed for the district for the current fiscal year under	25466
current division (B)(1) of this section;	25467

(b) The following amount:

25468

[(fiscal year 2005 base cost payment/fiscal year 2005 formula

25469

ADM) X current year formula ADM] minus the amount computed for

25470

the district under current division (B)(1) of this section

25471

If one of the amounts computed under division (B)(2)(a) or	25472
(b) of this section is a positive amount, the department shall pay	25473
the district that amount in addition to the amount calculated	25474
under division (B)(1) of this section. If both amounts are	25475
positive amounts, the department shall pay the district the lesser	25476
of the two amounts in addition to the amount calculated under	25477
division (B)(1) of this section.	25478

(C)(1) The department shall compute and distribute state	25479
vocational education additional weighted costs funds to each joint	25480
vocational school district in accordance with the following	25481
formula:	25482

state share percentage X formula amount X

25483

total vocational education weight

25484

In each fiscal year, a joint vocational school district	25485
receiving funds under division (C)(1) of this section shall spend	25486
those funds only for the purposes the department designates as	25487
approved for vocational education expenses. Vocational educational	25488
expenses approved by the department shall include only expenses	25489
connected to the delivery of career-technical programming to	25490
career-technical students. The department shall require the joint	25491
vocational school district to report data annually so that the	25492
department may monitor the district's compliance with the	25493
requirements regarding the manner in which funding received under	25494
division (C)(1) of this section may be spent.	25495

(2) The department shall compute for each joint vocational	25496
school district state funds for vocational education associated	25497
services costs in accordance with the following formula:	25498

state share percentage X .05 X

25499

the formula amount X the sum of

25500

categories one and two vocational

25501

education ADM

25502

In any fiscal year, a joint vocational school district	25503
receiving funds under division (C)(2) of this section, or through	25504
a transfer of funds pursuant to division (L) of section 3317.023	25505
of the Revised Code, shall spend those funds only for the purposes	25506
that the department designates as approved for vocational	25507
education associated services expenses, which may include such	25508
purposes as apprenticeship coordinators, coordinators for other	25509
vocational education services, vocational evaluation, and other	25510
purposes designated by the department. The department may deny	25511
payment under division (C)(2) of this section to any district that	25512
the department determines is not operating those services or is	25513
using funds paid under division (C)(2) of this section, or through	25514
a transfer of funds pursuant to division (L) of section 3317.023	25515
of the Revised Code, for other purposes.	25516

(D)(1) The department shall compute and distribute state	25517
special education and related services additional weighted costs	25518
funds to each joint vocational school district in accordance with	25519
the following formula:	25520

state share percentage X formula amount X

25521

total special education weight

25522

(2)(a) As used in this division, the "personnel allowance"	25523
means thirty thousand dollars in fiscal years 2002, 2003, 2004,	25524
~~and~~ 2005, 2006, and 2007.	25525

(b) For the provision of speech language pathology services	25526
to students, including students who do not have individualized	25527
education programs prepared for them under Chapter 3323. of the	25528
Revised Code, and for no other purpose, the department shall pay	25529
each joint vocational school district an amount calculated under	25530
the following formula:	25531

(formula ADM divided by 2000) X the personnel

25532

allowance X state share percentage

25533

(3) In any fiscal year, a joint vocational school district	25534
shall spend for purposes that the department designates as	25535
approved for special education and related services expenses at	25536
least the amount calculated as follows:	25537

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

25538

X the sum of categories one through

25539

six special education ADM) +

25540

(total special education weight X

25541

formula amount)

25542

The purposes approved by the department for special education	25543
expenses shall include, but shall not be limited to, compliance	25544
with state rules governing the education of handicapped children,	25545
providing services identified in a student's individualized	25546
education program as defined in section 3323.01 of the Revised	25547
Code, provision of speech language pathology services, and the	25548
portion of the district's overall administrative and overhead	25549
costs that are attributable to the district's special education	25550
student population.	25551

The department shall require joint vocational school	25552
districts to report data annually to allow for monitoring	25553
compliance with division (D)(3) of this section. The department	25554
shall annually report to the governor and the general assembly the	25555
amount of money spent by each joint vocational school district for	25556
special education and related services.	25557

(4) In any fiscal year, a joint vocational school district	25558
shall spend for the provision of speech language pathology	25559
services not less than the sum of the amount calculated under	25560
division (D)(1) of this section for the students in the district's	25561
category one special education ADM and the amount calculated under	25562
division (D)(2) of this section.	25563

(E)(1) If a joint vocational school district's costs for a	25564
fiscal year for a student in its categories two through six	25565
special education ADM exceed the threshold catastrophic cost for	25566
serving the student, as specified in division (C)(3)(b) of section	25567
3317.022 of the Revised Code, the district may submit to the	25568
superintendent of public instruction documentation, as prescribed	25569
by the superintendent, of all of its costs for that student. Upon	25570
submission of documentation for a student of the type and in the	25571
manner prescribed, the department shall pay to the district an	25572
amount equal to the sum of the following:	25573

(a) One-half of the district's costs for the student in	25574
excess of the threshold catastrophic cost;	25575

(b) The product of one-half of the district's costs for the	25576
student in excess of the threshold catastrophic cost multiplied by	25577
the district's state share percentage.	25578

(2) The district shall only report under division (E)(1) of	25579
this section, and the department shall only pay for, the costs of	25580
educational expenses and the related services provided to the	25581
student in accordance with the student's individualized education	25582
program. Any legal fees, court costs, or other costs associated	25583
with any cause of action relating to the student may not be	25584
included in the amount.	25585

(F) Each fiscal year, the department shall pay each joint	25586
vocational school district an amount for adult technical and	25587
vocational education and specialized consultants.	25588

(G)(1) A joint vocational school district's local share of	25589
special education and related services additional weighted costs	25590
equals:	25591

(1 - state share percentage) X

25592

Total special education weight X

25593

the formula amount

25594

(2) For each handicapped student receiving special education	25595
and related services under an individualized education program, as	25596
defined in section 3323.01 of the Revised Code, at a joint	25597
vocational district, the resident district or, if the student is	25598
enrolled in a community school, the community school shall be	25599
responsible for the amount of any costs of providing those special	25600
education and related services to that student that exceed the sum	25601
of the amount calculated for those services attributable to that	25602
student under divisions (B), (D), (E), and (G)(1) of this section.	25603

Those excess costs shall be calculated by subtracting the sum	25604
of the following from the actual cost to provide special education	25605
and related services to the student:	25606

(a) The ~~product of the~~ formula amount ~~times the~~	25607
~~cost-of-doing-business factor~~;	25608

(b) The product of the formula amount times the applicable	25609
multiple specified in section 3317.013 of the Revised Code;	25610

(c) Any funds paid under division (E) of this section for the	25611
student;	25612

(d) Any other funds received by the joint vocational school	25613
district under this chapter to provide special education and	25614
related services to the student, not including the amount	25615
calculated under division (G)(2) of this section.	25616

(3) The board of education of the joint vocational school	25617
district ~~shall~~may report the excess costs calculated under	25618
division (G)(2) of this section to the department of education.	25619

(4) ~~The~~If the board of education of the joint vocational	25620
school district reports excess costs under division (G)(3) of this	25621
section, the department shall pay the amount of excess cost	25622
calculated under division (G)(2) of this section to the joint	25623
vocational school district and shall deduct that amount as	25624
provided in division (G)(4)(a) or (b) of this section, as	25625
applicable:	25626

(a) If the student is not enrolled in a community school, the	25627
department shall deduct the amount from the account of the	25628
student's resident district pursuant to division (M) of section	25629
3317.023 of the Revised Code.	25630

(b) If the student is enrolled in a community school, the	25631
department shall deduct the amount from the account of the	25632
community school pursuant to section 3314.083 of the Revised Code.	25633

~~(H) In any fiscal year, if the total of all payments made to~~	25634
~~a joint vocational school district under divisions (B) to (D) of~~	25635
~~this section and division (R) of section 3317.024 of the Revised~~	25636
~~Code is less than the amount that district received in fiscal year~~	25637
~~1999 under the version of this section in effect that year, plus~~	25638
~~the amount that district received under the version of section~~	25639
~~3317.162 of the Revised Code in effect that year and minus the~~	25640
~~amounts received that year for driver education and adult~~	25641
~~education, the department shall pay the district an additional~~	25642
~~amount equal to the difference between those two amounts.~~	25643

Sec. 3317.20. This section does not apply to handicapped	25644
preschool children.	25645

(A) As used in this section:

25646

(1) "Applicable weight" means the multiple specified in	25647
section 3317.013 of the Revised Code for a handicap described in	25648
that section.	25649

(2) "Child's school district" means the school district in	25650
which a child is entitled to attend school pursuant to section	25651
3313.64 or 3313.65 of the Revised Code.	25652

(3) "State share percentage" means the state share percentage	25653
of the child's school district as defined in section 3317.022 of	25654
the Revised Code.	25655

(B) Except as provided in division (C) of this section, the	25656
department shall annually pay each county MR/DD board ~~an amount~~	25657
~~calculated under the following formula~~ for each handicapped child,	25658
other than a handicapped preschool child, for whom the county	25659
MR/DD board provides special education and related services the	25660
greater of the amount calculated under division (B)(1) or (2) of	25661
this section:	25662

~~(formula amount X the cost-of-doing-business factor~~

25663

~~for the child's school district) +~~

25664

~~(state share percentage X formula amount X~~

25665

~~the applicable weight)~~

25666

(1) (The formula amount for fiscal year 2005 X the	25667
cost-of-doing-business factor for the child's school district for	25668
fiscal year 2005) + (state share percentage for fiscal year 2005 X	25669
formula amount for fiscal year 2005 X the applicable weight);	25670

(2) The formula amount + (state share percentage X formula	25671
amount X the applicable weight).	25672

(C) If any school district places with a county MR/DD board	25673
more handicapped children than it had placed with a county MR/DD	25674
board in fiscal year 1998, the department shall not make a payment	25675
under division (B) of this section for the number of children	25676
exceeding the number placed in fiscal year 1998. The department	25677
instead shall deduct from the district's payments under this	25678
chapter, and pay to the county MR/DD board, an amount calculated	25679
in accordance with the formula prescribed in division (B) of this	25680
section for each child over the number of children placed in	25681
fiscal year 1998.	25682

(D) The department shall calculate for each county MR/DD	25683
board receiving payments under divisions (B) and (C) of this	25684
section the following amounts:	25685

(1) The amount received by the county MR/DD board for	25686
approved special education and related services units, other than	25687
preschool handicapped units, in fiscal year 1998, divided by the	25688
total number of children served in the units that year;	25689

(2) The product of the quotient calculated under division	25690
(D)(1) of this section times the number of children for whom	25691
payments are made under divisions (B) and (C) of this section.	25692

If the amount calculated under division (D)(2) of this	25693
section is greater than the total amount calculated under	25694
divisions (B) and (C) of this section, the department shall pay	25695
the county MR/DD board one hundred per cent of the difference in	25696
addition to the payments under divisions (B) and (C) of this	25697
section.	25698

Sec. 3317.201. This section does not apply to handicapped	25699
preschool children.	25700

(A) As used in this section, the "total special education	25701
weight" for an institution means the sum of the following amounts:	25702

(1) The number of children reported by the institution under	25703
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25704
receiving services for a handicap described in division (A) of	25705
section 3317.013 of the Revised Code multiplied by the multiple	25706
specified in that division;	25707

(2) The number of children reported by the institution under	25708
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25709
receiving services for a handicap described in division (B) of	25710
section 3317.013 of the Revised Code multiplied by the multiple	25711
specified in that division;	25712

(3) The number of children reported by the institution under	25713
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25714
receiving services for a handicap described in division (C) of	25715
section 3317.013 of the Revised Code multiplied by the multiple	25716
specified in that division;	25717

(4) The number of children reported by the institution under	25718
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25719
receiving services for a handicap described in division (D) of	25720
section 3317.013 of the Revised Code multiplied by the multiple	25721
specified in that division;	25722

(5) The number of children reported by the institution under	25723
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25724
receiving services for a handicap described in division (E) of	25725
section 3317.013 of the Revised Code multiplied by the multiple	25726
specified in that division;	25727

(6) The number of children reported by the institution under	25728
division (G)(1)(a)(i) of section 3317.03 of the Revised Code as	25729
receiving services for a handicap described in division (F) of	25730
section 3317.013 of the Revised Code multiplied by the multiple	25731
specified in that division.	25732

(B) The department of education annually shall pay each state	25733
institution required to provide special education services under	25734
division (A) of section 3323.091 of the Revised Code an amount	25735
equal to the greater of:	25736

(1) The formula amount times the institution's total special	25737
education weight;	25738

(2) The aggregate amount of special education and related	25739
services unit funding the institution received for all handicapped	25740
children other than handicapped preschool children in fiscal year	25741
2005 under sections 3317.052 and 3317.053 of the Revised Code, as	25742
those sections existed prior to the effective date of this	25743
section.	25744

Sec. 3317.50. The eTech Ohio ~~schoolnet~~ telecommunity	25745
education fund is hereby created in the state treasury. The fund	25746
shall consist of certain excess local exchange telephone company	25747
contributions transferred from the reserve fund of the Ohio	25748
telecommunications advisory board pursuant to an agreement between	25749
the public utilities commission of Ohio and the Ohio department of	25750
education. The fund shall be used to finance technology grants to	25751
state-chartered elementary and secondary schools. Investment	25752
earnings of the fund shall be credited to the fund.	25753

Sec. 3317.51. (A) The distance learning fund is hereby	25754
created in the state treasury. The fund shall consist of moneys	25755
paid to the eTech Ohio ~~SchoolNet~~ commission by any telephone	25756
company as a part of a settlement agreement between such company	25757
and the public utilities commission in fiscal year 1995 in part to	25758
establish distance learning throughout the state. The ~~authority~~	25759
commission shall administer the fund and expend moneys from it to	25760
finance technology grants to eligible schools chartered by the	25761
state board of education to establish distance learning in those	25762
schools. Chartered schools are eligible for funds if they are	25763
within the service area of the telephone company. Investment	25764
earnings of the fund shall be credited to the fund.	25765

(B) For purposes of this section, "distance learning" means	25766
the creation of a learning environment involving a school setting	25767
and at least one other location outside of the school which allows	25768
for information available at one site to be accessed at the other	25769
through the use of such educational applications as one-way or	25770
two-way transmission of data, voice, and video, singularly or in	25771
appropriate combinations.	25772

Sec. 3318.091. (A) Promptly after the written agreement	25773
between the school district board and the Ohio school facilities	25774
commission has been entered into, the school district board shall	25775
proceed with the issuance of its bonds or notes in anticipation	25776
thereof pursuant to the provision of such agreement required by	25777
division (A) of section 3318.08 of the Revised Code and the	25778
deposit of the proceeds thereof in the school district's project	25779
construction fund pursuant to the provision of such agreement	25780
required by division (B) of section 3318.08 of the Revised Code,	25781
and the school district board, with the approval of the commission	25782
shall employ a qualified professional person or firm to prepare	25783
preliminary plans, working drawings, specifications, estimates of	25784
cost, and such data as the school district board and the	25785
commission consider necessary for the project. When the	25786
preliminary plans and preliminary estimates of cost have been	25787
prepared, and approved by the school district board, they shall be	25788
submitted to the commission for approval, modification, or	25789
rejection. The commission shall ensure that the plans and	25790
materials proposed for use in the project comply with	25791
specifications for plans and materials that shall be established	25792
by the commission. When such preliminary plans and preliminary	25793
estimates of cost and any modifications thereof have been approved	25794
by the commission and the school district board, the school	25795
district board shall cause such qualified professional person or	25796
firm to prepare the working drawings, specifications, and	25797
estimates of cost.	25798

(B) Whenever project plans submitted to the commission for	25799
approval under division (A) of this section propose to locate a	25800
facility on a state route or United States highway or within one	25801
mile of a state route or United States highway, the commission	25802
shall send a copy of the plans to the director of transportation.	25803
The director of transportation shall review the plans to determine	25804
the feasibility of the proposed ingress and egress to the	25805
facility, the traffic circulation pattern on roadways around the	25806
facility, and any improvements that would be necessary to conform	25807
the roadways to provisions of the manual adopted by the department	25808
of transportation pursuant to section 4511.09 of the Revised Code	25809
or state or federal law. The director of transportation shall	25810
provide a written summary of the director's findings to the	25811
commission in a timely manner. The commission shall consider the	25812
findings in deciding whether to approve the plans.	25813

Sec. 3318.18. (A) As used in this section:

25814

(1) "Valuation" of a school district means the sum of the	25815
amounts described in divisions (A)(1) and (2) of section 3317.021	25816
of the Revised Code as most recently certified for the district	25817
before the annual computation is made under division (B) of this	25818
section.	25819

(2) "Valuation per pupil" of a school district means the	25820
district's valuation divided by the district's formula ADM as most	25821
recently reported for October under section 3317.03 of the Revised	25822
Code before the annual computation is made under division (B) of	25823
this section.	25824

(3) "Statewide average valuation per pupil" means the total	25825
of the valuations of all school districts divided by the total of	25826
the formula ADMs of all school districts as most recently reported	25827
for October under section 3317.03 of the Revised Code before the	25828
annual computation is made under division (C) of this section.	25829

(4) "Maintenance levy requirement" means the tax required to	25830
be levied pursuant to division (C)(2)(a) of section 3318.08 and	25831
division (B) of section 3318.05 of the Revised Code or the	25832
application of proceeds of another levy to paying the costs of	25833
maintaining classroom facilities pursuant to division (A)(2) of	25834
section 3318.052, division (C)(1) or (C)(2)(b) of section 3318.08,	25835
or division (D)(2) of section 3318.36 of the Revised Code, or a	25836
combination thereof.	25837

(5) "Project agreement" means an agreement between a school	25838
district and the Ohio school facilities commission under section	25839
3318.08 or division (B)(1) of section 3318.36 of the Revised Code.	25840

(B) On or before July 1, 2006, the department of education	25841
shall compute the statewide average valuation per pupil and the	25842
valuation per pupil of each school district, and provide them to	25843
the Ohio school facilities commission. On or before the first day	25844
of July each year beginning in 2007, the department of education	25845
shall compute the statewide average valuation per pupil and the	25846
valuation per pupil of each school district that has not already	25847
entered into a project agreement, and provide the results of those	25848
computations to the commission.	25849

(C)(1) At the time the Ohio school facilities commission	25850
enters into a project agreement with a school district, the	25851
commission shall compute the difference between the district's	25852
valuation per pupil and the statewide average valuation per pupil	25853
as most recently provided to the commission under division (B) of	25854
this section. If the school district's valuation per pupil is less	25855
than the average statewide valuation per pupil, the commission	25856
shall multiply the difference between those amounts by one-half	25857
mill times the formula ADM of the district as most recently	25858
reported to the department of education for October under division	25859
(A) of section 3317.03 of the Revised Code. The commission shall	25860
certify the resulting product to the department of education,	25861
along with the date on which the maintenance levy requirement	25862
terminates as provided in the project agreement between the school	25863
district board and the commission.	25864

(2) In the case of a school district that entered into a	25865
project agreement after July 1, 1997, but before July 1, 2006, the	25866
commission shall make the computation described in division (C)(1)	25867
of this section on the basis of the district's valuation per pupil	25868
and the statewide average valuation per pupil computed as of	25869
September 1, 2006, and the district's formula ADM reported for	25870
October 2005.	25871

(3) The amount computed for a school district under division	25872
(C)(1) or (2) of this section shall not change for the period	25873
during which payments are made to the district under division (D)	25874
of this section.	25875

(4) A computation need not be made under division (C)(1) or	25876
(2) of this section for a school district that certified a	25877
resolution to the commission under division (D)(3) of section	25878
3318.36 of the Revised Code until the district becomes eligible	25879
for state assistance as provided in that division.	25880

(D) In the fourth quarter of each fiscal year, for each	25881
school district for which a computation has been made under	25882
division (C) of this section, the department of education shall	25883
pay the amount computed to each such school district. Payments	25884
shall be made to a school district each year until and including	25885
the tax year in which the district's maintenance levy requirement	25886
terminates. Payments shall be paid from the half-mill equalization	25887
fund, subject to appropriation by the general assembly.	25888

(E) Payments made to a school district under this section	25889
shall be credited to the district's classroom facilities	25890
maintenance fund and shall be used only for the purpose of	25891
maintaining facilities constructed or renovated under the project	25892
agreement.	25893

(F) There is hereby created in the state treasury the	25894
half-mill equalization fund. The fund shall receive transfers	25895
pursuant to section 5727.85 of the Revised Code. The fund shall be	25896
used first to make annual payments under division (D) of this	25897
section. If a balance remains in the fund after such payments are	25898
made in full for a year, the Ohio school facilities commission may	25899
request the controlling board to transfer a reasonable amount from	25900
such remaining balance to the public school building fund created	25901
under section 3318.15 of the Revised Code for the purposes of this	25902
chapter.	25903

All investment earnings arising from investment of money in	25904
the half-mill equalization fund shall be credited to the fund.	25905

Sec. 3318.33. (A) There is hereby created in the state	25906
treasury the Ohio school facilities commission fund, which shall	25907
consist of transfers of moneys authorized by the general assembly	25908
and revenues received by the Ohio school facilities commission	25909
under section 3318.31 of the Revised Code. Investment earnings on	25910
moneys in the fund shall be credited to the fund. Moneys in the	25911
fund may be used by the commission to pay personnel and other	25912
administrative expenses, to pay the cost of conducting evaluations	25913
of classroom facilities, to pay the cost of preparing building	25914
design specifications, to pay the cost of providing project	25915
management services, and for other purposes determined by the	25916
commission to be necessary to fulfill its duties under ~~Chapter~~	25917
~~3318. of the Revised Code~~this chapter.	25918

(B) The director of budget and management may transfer to the	25919
Ohio school facilities commission fund the investment earnings on	25920
the public school building fund, created in section 3318.15 of the	25921
Revised Code, the investment earnings on the education facilities	25922
trust fund created in section 183.26 of the Revised Code, or both.	25923
The director of budget and management may transfer to the Ohio	25924
school facilities commission fund the investment earnings on the	25925
school building program assistance fund, created under section	25926
3318.25 of the Revised Code, in excess of the amounts needed to	25927
meet estimated federal arbitrage rebate requirements.	25928

~~Sec. 3317.21.~~ Sec. 3318.47. There is hereby created in the state	25929
treasury the ~~vocational~~career-technical school building	25930
assistance fund. Money in the fund shall be used solely to provide	25931
interest-free loans to school districts, including joint	25932
vocational school districts, under sections ~~3317.22~~3318.48 and	25933
~~3317.23~~3318.49 of the Revised Code to assist in financing the	25934
construction of new vocational classroom facilities, the	25935
renovation of existing vocational classroom facilities, or the	25936
purchase of vocational education equipment or facilities. Moneys	25937
in the fund shall consist of transfers made to the fund, any	25938
interest earned by the fund, and repayments of loans made under	25939
sections ~~3317.22~~3318.48 and ~~3317.23~~3318.49 of the Revised Code.	25940
Investment earnings of the fund shall be credited to the fund.	25941

~~Sec. 3317.22.~~ Sec. 3318.48. The ~~state board of education~~Ohio	25942
school facilities commission shall adopt rules in accordance with	25943
Chapter 119. of the Revised Code under which, in any fiscal year	25944
that funds are appropriated from the ~~vocational~~career-technical	25945
school building assistance fund for such purpose, the ~~state board~~	25946
commission may make interest-free loans to school districts. The	25947
rules shall include all of the following:	25948

(A) Application procedures, including the date by which	25949
applications shall be made;	25950

(B) Eligibility criteria, which shall include at least the	25951
following provisions:	25952

(1) A requirement that an applicant district demonstrate	25953
financial need for the loan. Indicators of need may include, but	25954
need not be limited to, levels of assessed valuation, enrollment	25955
levels and enrollment changes, ability of the district to maintain	25956
minimum educational standards, and demonstrated good faith efforts	25957
by the district to secure funds from sources other than the state.	25958

(2) A requirement that an applicant district demonstrate the	25959
ability to repay the loan within the maximum period permitted by	25960
division (D) of this section;	25961

(3) A requirement that an applicant district is not eligible	25962
for a loan, other than a loan for the purchase of any vocational	25963
education equipment that is not an approved project cost under	25964
this chapter, if the district, on the date of application for the	25965
loan, has at any time received any state assistance under sections	25966
3318.01 to 3318.20, section 3318.37 or 3318.38, or sections	25967
3318.40 to 3318.45 of the Revised Code or is reasonably expected	25968
to receive state assistance under any of those sections within	25969
three fiscal years;	25970

(4) A requirement that an applicant district agree to comply	25971
with all applicable design specifications and policies of the	25972
commission established pursuant to this chapter in the	25973
construction, renovation, or purchase of facilities or equipment	25974
paid for with the loan, unless such specifications or policies are	25975
waived by the commission.	25976

(C) Loan approval procedures and criteria, including criteria	25977
for prioritizing eligible applications. Criteria for such	25978
prioritization shall include:	25979

(1) Preference for applicant districts that demonstrate	25980
commitment and innovative approaches to the implementation of the	25981
department of education's vocational education modernization plan	25982
pursuant to section 3313.901 of the Revised Code;	25983

(2) Preference for applicant districts that have entered into	25984
or are in the process of entering into cooperative agreements with	25985
technical colleges or other institutions of higher education	25986
either to coordinate secondary vocational education and	25987
post-secondary technical education programs, or to share	25988
facilities and equipment.	25989

(D) Provisions governing the repayment of loans, including a	25990
provision that loans for construction, acquisition, or renovation	25991
of facilities shall be repaid within a maximum of fifteen years	25992
and loans for vocational education equipment shall be repaid	25993
within a maximum of five years;	25994

(E) A requirement that no loan shall be applied to the local	25995
resources a district expends as a condition of participation in a	25996
program established under section 3318.36 or 3318.46 of the	25997
Revised Code.	25998

~~Sec. 3317.23.~~ Sec. 3318.49. The ~~state board of education~~Ohio	25999
school facilities commission shall enter into a loan agreement	26000
with each school district it approves for a loan under section	26001
~~3317.22~~3318.48 of the Revised Code. The agreement shall specify	26002
the amount of the loan, the purposes for which it is to be used,	26003
the duration of the loan, and the repayment schedule. Every such	26004
agreement shall contain a provision ~~authorizing~~directing the	26005
state board of education, upon the request of the executive	26006
director of the commission, to deduct from payments due to the	26007
district under Chapter 3317. of the Revised Code or from any other	26008
funds appropriated to the district by the general assembly, the	26009
amount of any scheduled loan payment due but not paid by the	26010
district and, within ten days, to transfer that amount to the	26011
commission.	26012

A copy of each loan agreement shall be furnished to the	26013
controlling board. No money shall be released from the ~~vocational~~	26014
career-technical school building assistance fund without the	26015
approval of the controlling board.	26016

Sec. 3319.06. (A) The board of education of each city,	26017
exempted village, or local school district may create the position	26018
of internal auditor. Any person employed by the board as an	26019
internal auditor shall hold a valid permit issued under section	26020
4701.10 of the Revised Code to practice as a certified public	26021
accountant or a public accountant.	26022

(B) The board shall execute a written contract of employment	26023
with each internal auditor it employs. The contract shall specify	26024
the internal auditor's duties, the salary and other compensation	26025
to be paid for performance of those duties, the number of days to	26026
be worked, the number of days of vacation leave, if any, and any	26027
paid holidays in the contractual year. The salary and other	26028
compensation prescribed by the contract may be increased by the	26029
board during the term of the contract but shall not be reduced	26030
during that term unless such reduction is part of a uniform plan	26031
affecting employees of the entire district. The term of the	26032
initial contract shall not exceed three years. Any renewal of the	26033
contract shall be for a term of not less than two years and not	26034
more than five years.	26035

The internal auditor shall be directly responsible to the	26036
board for the performance of all duties outlined in the contract.	26037
If the board does not intend to renew the contract upon its	26038
expiration, the board shall provide written notice to the internal	26039
auditor of its intention not to renew the contract not later than	26040
the last day of March of the year in which the contract expires.	26041
If the board does not provide such notice by that date, the	26042
internal auditor shall be deemed reemployed for a term of one year	26043
at the same salary plus any increments that may be authorized by	26044
the board. Termination of an internal auditor's contract shall be	26045
pursuant to section 3319.16 of the Revised Code.	26046

(C) Each board that employs an internal auditor shall adopt	26047
procedures for the evaluation of the internal auditor and shall	26048
evaluate the internal auditor in accordance with those procedures.	26049
The evaluation based upon the procedures shall be considered by	26050
the board in deciding whether to renew the internal auditor's	26051
contract of employment. The establishment of an evaluation	26052
procedure shall not create an expectancy of continued employment.	26053
Nothing in this section shall prevent the board from making the	26054
final determination regarding the renewal or nonrenewal of the	26055
contract of an internal auditor.	26056

Sec. 3319.081. Except as otherwise provided in division (G)	26057
of this section, in all school districts wherein the provisions of	26058
Chapter 124. of the Revised Code do not apply, the following	26059
employment contract system shall control for employees whose	26060
contracts of employment are not otherwise provided by law:	26061

(A) Newly hired regular nonteaching school employees,	26062
including regular hourly rate and per diem employees, shall enter	26063
into written contracts for their employment which shall be for a	26064
period of not more than one year. If such employees are rehired,	26065
their subsequent contract shall be for a period of two years.	26066

(B) After the termination of the two-year contract provided	26067
in division (A) of this section, if the contract of a nonteaching	26068
employee is renewed, the employee shall be continued in	26069
employment, and the salary provided in the contract may be	26070
increased but not reduced unless such reduction is a part of a	26071
uniform plan affecting the nonteaching employees of the entire	26072
district.	26073

(C) The contracts as provided for in this section may be	26074
terminated by a majority vote of the board of education. ~~Such~~	26075
Except as provided in sections 3319.0810 and 3319.172 of the	26076
Revised Code, the contracts may be terminated only for violation	26077
of written rules and regulations as set forth by the board of	26078
education or for incompetency, inefficiency, dishonesty,	26079
drunkenness, immoral conduct, insubordination, discourteous	26080
treatment of the public, neglect of duty, or any other acts of	26081
misfeasance, malfeasance, or nonfeasance. In addition to the right	26082
of the board of education to terminate the contract of an	26083
employee, the board may suspend an employee for a definite period	26084
of time or demote the employee for the reasons set forth in this	26085
division. The action of the board of education terminating the	26086
contract of an employee or suspending or demoting ~~him~~the employee	26087
shall be served upon the employee by certified mail. Within ten	26088
days following the receipt of such notice by the employee, the	26089
employee may file an appeal, in writing, with the court of common	26090
pleas of the county in which such school board is situated. After	26091
hearing the appeal the common pleas court may affirm, disaffirm,	26092
or modify the action of the school board.	26093

A violation of division (A)(7) of section 2907.03 of the	26094
Revised Code is grounds for termination of employment of a	26095
nonteaching employee under this division.	26096

(D) All employees who have been employed by a school district	26097
where the provisions of Chapter 124. of the Revised Code do not	26098
apply, for a period of at least three years on November 24, 1967,	26099
shall hold continuing contracts of employment pursuant to this	26100
section.	26101

(E) Any nonteaching school employee may terminate ~~his~~the	26102
nonteaching school employee's contract of employment thirty days	26103
subsequent to the filing of a written notice of such termination	26104
with the treasurer of the board.	26105

(F) A person hired exclusively for the purpose of replacing a	26106
nonteaching school employee while such employee is on leave of	26107
absence granted under section 3319.13 of the Revised Code is not a	26108
regular nonteaching school employee under this section.	26109

(G) All nonteaching employees employed pursuant to this	26110
section and Chapter 124. of the Revised Code shall be paid for all	26111
time lost when the schools in which they are employed are closed	26112
owing to an epidemic or other public calamity. Nothing in this	26113
division shall be construed as requiring payment in excess of an	26114
employee's regular wage rate or salary for any time worked while	26115
the school in which hethe employee is employed is officially	26116
closed for the reasons set forth in this division.	26117

Sec. 3319.0810. (A) The board of education of any school	26118
district wherein the provisions of Chapter 124. of the Revised	26119
Code do not apply may terminate any of its transportation staff	26120
positions for reasons of economy and efficiency if the board	26121
instead of employing its own staff to transport some or all of the	26122
students enrolled in the district schools enters into a contract	26123
with an independent agent for the provision of transportation	26124
services for such students. Such a contract may be entered into	26125
only if all of the following conditions are satisfied:	26126

(1) Any collective bargaining agreement between the employee	26127
organization representing the employees whose positions are	26128
terminated under this section and the board has expired or will	26129
expire within sixty days and has not been renewed in conformance	26130
with provisions of that agreement and with Chapter 4117. of the	26131
Revised Code, or the agreement contains provisions permitting the	26132
termination of positions for reasons of economy and efficiency	26133
while the agreement is in force and the board is in conformance	26134
with those provisions.	26135

(2) The board permits any employee whose position is	26136
terminated under this section to fill any vacancy within the	26137
district's organization for which the employee is qualified. The	26138
board shall select from among similarly qualified employees to	26139
fill such vacancies pursuant to procedures established under any	26140
collective bargaining agreement between the employee organization	26141
representing the terminated employees and the board that is in	26142
force at the time of the termination, or in absence of such	26143
provisions on the basis of seniority of employment by the board	26144
with the employee with the greatest seniority having highest	26145
priority.	26146

(3) Unless a collective bargaining agreement between the	26147
employee organization representing the terminated employees and	26148
the board that is in force at the time of the termination provides	26149
otherwise, the board permits any employee whose position is	26150
terminated under this section to fill the employee's former	26151
position in the event that the board reinstates that position	26152
within one year after the date the position is terminated under	26153
this section.	26154

(4) The board permits any employee whose position is	26155
terminated under this section to appeal in accordance with section	26156
119.12 of the Revised Code the board's decision to terminate the	26157
employee's position, not to hire that employee for another	26158
position pursuant to division (A)(2) of this section, or not to	26159
rehire that employee for the position if it is reinstated within	26160
one year after the position is terminated pursuant to division	26161
(A)(3) of this section.	26162

(5) The contract entered into by the board and an independent	26163
agent for the provision of transportation services contains a	26164
stipulation requiring the agent to consider hiring any employees	26165
of the school district whose positions are terminated under this	26166
section for similar positions within the agent's organization.	26167

(6) The contract entered into by the board and an independent	26168
agent for the provision of transportation services contains a	26169
stipulation requiring the agent to recognize for purposes of	26170
employee representation in collective bargaining any employee	26171
organization that represented the employees whose positions are	26172
terminated under this section in collective bargaining with the	26173
board at the time of the termination provided:	26174

(a) A majority of all employees in the bargaining unit agree	26175
to such representation;	26176

(b) Such representation is not prohibited by federal law,	26177
including any ruling of the national labor relations board;	26178

(c) The employee organization is not prohibited from	26179
representing nonpublic employees by other provisions of law or its	26180
own governing instruments.	26181

However, any employee whose position is terminated under this	26182
section shall not be compelled to be included in such bargaining	26183
unit if there is another bargaining unit within the agent's	26184
organization that is applicable to the employee.	26185

(B) If after terminating any positions of employment under	26186
this section the board fails to comply with any condition	26187
prescribed in division (A) of this section or fails to enforce on	26188
the agent its contractual obligations prescribed in divisions	26189
(A)(5) and (6) of this section, the terminations shall be void and	26190
the board shall reinstate the positions and fill them with the	26191
employees who filled those positions just prior to the	26192
terminations. Such employees shall be compensated at a rate equal	26193
to their rate of compensation in those positions just prior to the	26194
terminations plus any increases paid since the terminations to	26195
other nonteaching employees. The employees shall also be entitled	26196
to back pay at such rate for the period from the date of the	26197
terminations to the date of the reinstatements minus any pay	26198
received by the employees during any time the board was in	26199
compliance with such conditions or during any time the board	26200
enforced those obligations.	26201

Any employee aggrieved by the failure of the board to comply	26202
with any condition prescribed in division (A) of this section or	26203
to enforce on the agent its contractual obligations prescribed in	26204
divisions (A)(5) and (6) of this section shall have the right to	26205
sue the board for reinstatement of the employee's former position	26206
as provided for in this division in the court of common pleas for	26207
the county in which the school district is located or, if the	26208
school district is located in more than one county, in the court	26209
of common pleas for the county in which the majority of the	26210
territory of the school district is located.	26211

Sec. 3319.17. (A) As used in this section, "interdistrict	26212
contract" means any contract or agreement entered into by an	26213
educational service center governing board and another board or	26214
other public entity pursuant to section 3313.17, 3313.841,	26215
3313.842, 3313.843, 3313.91, or 3323.08 of the Revised Code,	26216
including any such contract or agreement for the provision of	26217
services funded under division (L) of section 3317.024 of the	26218
Revised Code or provided in any unit approved under section	26219
3317.05 of the Revised Code.	26220

(B) When, for any of the following reasons that apply to any	26221
city, exempted village, local, or joint vocational school district	26222
or any educational service center, the board decides that it will	26223
be necessary to reduce the number of teachers it employs, it may	26224
make a reasonable reduction:	26225

(1) In the case of any district or service center, return to	26226
duty of regular teachers after leaves of absence including leaves	26227
provided pursuant to division (B) of section 3314.10 of the	26228
Revised Code, suspension of schools, or territorial changes	26229
affecting the district or center, or financial reasons;	26230

(2) In the case of any city, exempted village, local, or	26231
joint vocational school district, decreased enrollment of pupils	26232
in the district;	26233

(3) In the case of any governing board of a service center	26234
providing any particular service directly to pupils pursuant to	26235
one or more interdistrict contracts requiring such service,	26236
reduction in the total number of pupils the governing board is	26237
required to provide with the service under all interdistrict	26238
contracts as a result of the termination or nonrenewal of one or	26239
more of these interdistrict contracts;	26240

(4) In the case of any governing board providing any	26241
particular service that it does not provide directly to pupils	26242
pursuant to one or more interdistrict contracts requiring such	26243
service, reduction in the total level of the service the governing	26244
board is required to provide under all interdistrict contracts as	26245
a result of the termination or nonrenewal of one or more of these	26246
interdistrict contracts.	26247

(C) In making any such reduction, any city, exempted village,	26248
local, or joint vocational school board shall proceed to suspend	26249
contracts in accordance with the recommendation of the	26250
superintendent of schools who shall, within each teaching field	26251
affected, give preference first to teachers on continuing	26252
contracts and then to teachers who have greater seniority. In	26253
making any such reduction, any governing board of a service center	26254
shall proceed to suspend contracts in accordance with the	26255
recommendation of the superintendent who shall, within each	26256
teaching field or service area affected, give preference first to	26257
teachers on continuing contracts and then to teachers who have	26258
greater seniority.	26259

On a case-by-case basis, in lieu of suspending a contract in	26260
whole, a board may suspend a contract in part, so that an	26261
individual is required to work a percentage of the time the	26262
employee otherwise is required to work under the contract and	26263
receives a commensurate percentage of the full compensation the	26264
employee otherwise would receive under the contract.	26265

The teachers whose continuing contracts are suspended by any	26266
board pursuant to this section shall have the right of restoration	26267
to continuing service status by that board in the order of	26268
seniority of service in the district or service center if and when	26269
teaching positions become vacant or are created for which any of	26270
such teachers are or become qualified. No teacher whose continuing	26271
contract has been suspended pursuant to this section shall lose	26272
that right of restoration to continuing service status by reason	26273
of having declined recall to a position that is less than	26274
full-time or, if the teacher was not employed full-time just prior	26275
to suspension of the teacher's continuing contract, to a position	26276
requiring a lesser percentage of full-time employment than the	26277
position the teacher last held while employed in the district or	26278
service center.	26279

(D) Notwithstanding any provision to the contrary in Chapter	26280
4117. of the Revised Code, the requirements of this section	26281
prevail over any conflicting provisions of agreements between	26282
employee organizations and public employers entered into after the	26283
effective date of this amendment.	26284

Sec. 3319.172. The board of education of each school district	26285
wherein the provisions of Chapter 124. of the Revised Code do not	26286
apply and the governing board of each educational service center	26287
may adopt a resolution ordering reasonable reductions in the	26288
number of nonteaching employees for any of the reasons for which	26289
the board of education or governing board may make reductions in	26290
teaching employees, as set forth in division (B) of section	26291
3319.17 of the Revised Code.	26292

In making any reduction under this section, the board of	26293
education or governing board shall proceed to suspend contracts in	26294
accordance with the recommendation of the superintendent of the	26295
district or service center who shall, within each pay	26296
classification affected, give preference first to employees under	26297
continuing contracts and then to employees on the basis of	26298
seniority. On a case-by-case basis, in lieu of suspending a	26299
contract in whole, a board may suspend a contract in part, so that	26300
an individual is required to work a percentage of the time the	26301
employee otherwise is required to work under the contract and	26302
receives a commensurate percentage of the full compensation the	26303
employee otherwise would receive under the contract.	26304

Any nonteaching employee whose continuing contract is	26305
suspended under this section shall have the right of restoration	26306
to continuing service status by the board of education or	26307
governing board that suspended that contract in order of seniority	26308
of service in the district or service center, if and when a	26309
nonteaching position for which the employee is qualified becomes	26310
vacant or is created. No nonteaching employee whose continuing	26311
contract has been suspended under this section shall lose that	26312
right of restoration to continuing service status by reason of	26313
having declined recall to a position requiring fewer regularly	26314
scheduled hours of work than required by the position the employee	26315
last held while employed in the district or service center.	26316

Notwithstanding any provision to the contrary in Chapter	26317
4117. of the Revised Code, the requirements of this section	26318
prevail over any conflicting provisions of agreements between	26319
employee organizations and public employers entered into after the	26320
effective date of this section.	26321

Sec. 3319.22. (A)(1) The state board of education shall	26322
adopt rules establishing the standards and requirements for	26323
obtaining temporary, associate, provisional, and professional	26324
educator licenses of any categories, types, and levels the board	26325
elects to provide. However, no educator license shall be required	26326
for teaching children two years old or younger.	26327

(2) If the state board requires any examinations for educator	26328
licensure, the department of education shall provide the results	26329
of such examinations received by the department to the Ohio board	26330
of regents, in the manner and to the extent permitted by state and	26331
federal law.	26332

(B) Any rules the state board of education adopts, amends, or	26333
rescinds for educator licenses under this section, division (D) of	26334
section 3301.07 of the Revised Code, or any other law shall be	26335
adopted, amended, or rescinded under Chapter 119. of the Revised	26336
Code except as follows:	26337

(1) Notwithstanding division (D) of section 119.03 and	26338
division (A)(1) of section 119.04 of the Revised Code, in the case	26339
of the adoption of any rule or the amendment or rescission of any	26340
rule that necessitates institutions' offering teacher preparation	26341
programs that are approved by the state board of education under	26342
section 3319.23 of the Revised Code to revise the curriculum of	26343
those programs, the effective date shall not be as prescribed in	26344
division (D) of section 119.03 and division (A)(1) of section	26345
119.04 of the Revised Code. Instead, the effective date of such	26346
rules, or the amendment or rescission of such rules, shall be the	26347
date prescribed by section 3319.23 of the Revised Code.	26348

(2) Notwithstanding the authority to adopt, amend, or rescind	26349
emergency rules in division (F) of section 119.03 of the Revised	26350
Code, this authority shall not apply to the state board of	26351
education with regard to rules for educator licenses.	26352

(C)(1) The rules adopted under this section establishing	26353
standards requiring additional coursework for the renewal of any	26354
educator license shall require a school district and a chartered	26355
nonpublic school to establish local professional development	26356
committees. In a nonpublic school, the chief administrative	26357
officer shall establish the committees in any manner acceptable to	26358
such officer. The committees established under this division shall	26359
determine whether coursework that a district or chartered	26360
nonpublic school teacher proposes to complete meets the	26361
requirement of the rules. The department of education shall	26362
provide technical assistance and support to committees as the	26363
committees incorporate the professional development standards	26364
adopted by the state board of education pursuant to section	26365
3319.61 of the Revised Code into their review of coursework that	26366
is appropriate for license renewal. The rules shall establish a	26367
procedure by which a teacher may appeal the decision of a local	26368
professional development committee.	26369

(2) In any school district in which there is no exclusive	26370
representative established under Chapter 4117. of the Revised	26371
Code, the professional development committees shall be established	26372
as described in division (C)(2) of this section.	26373

Not later than the effective date of the rules adopted under	26374
this section, the board of education of each school district shall	26375
establish the structure for one or more local professional	26376
development committees to be operated by such school district. The	26377
committee structure so established by a district board shall	26378
remain in effect unless within thirty days prior to an anniversary	26379
of the date upon which the current committee structure was	26380
established, the board provides notice to all affected district	26381
employees that the committee structure is to be modified.	26382
Professional development committees may have a district-level or	26383
building-level scope of operations, and may be established with	26384
regard to particular grade or age levels for which an educator	26385
license is designated.	26386

Each professional development committee shall consist of at	26387
least three classroom teachers employed by the district, one	26388
principal employed by the district, and one other employee of the	26389
district appointed by the district superintendent. For committees	26390
with a building-level scope, the teacher and principal members	26391
shall be assigned to that building, and the teacher members shall	26392
be elected by majority vote of the classroom teachers assigned to	26393
that building. For committees with a district-level scope, the	26394
teacher members shall be elected by majority vote of the classroom	26395
teachers of the district, and the principal member shall be	26396
elected by a majority vote of the principals of the district,	26397
unless there are two or fewer principals employed by the district,	26398
in which case the one or two principals employed shall serve on	26399
the committee. If a committee has a particular grade or age level	26400
scope, the teacher members shall be licensed to teach such grade	26401
or age levels, and shall be elected by majority vote of the	26402
classroom teachers holding such a license and the principal shall	26403
be elected by all principals serving in buildings where any such	26404
teachers serve. The district superintendent shall appoint a	26405
replacement to fill any vacancy that occurs on a professional	26406
development committee, except in the case of vacancies among the	26407
elected classroom teacher members, which shall be filled by vote	26408
of the remaining members of the committee so selected.	26409

Terms of office on professional development committees shall	26410
be prescribed by the district board establishing the committees.	26411
The conduct of elections for members of professional development	26412
committees shall be prescribed by the district board establishing	26413
the committees. A professional development committee may include	26414
additional members, except that the majority of members on each	26415
such committee shall be classroom teachers employed by the	26416
district. Any member appointed to fill a vacancy occurring prior	26417
to the expiration date of the term for which a predecessor was	26418
appointed shall hold office as a member for the remainder of that	26419
term.	26420

The initial meeting of any professional development	26421
committee, upon election and appointment of all committee members,	26422
shall be called by a member designated by the district	26423
superintendent. At this initial meeting, the committee shall	26424
select a chairperson and such other officers the committee deems	26425
necessary, and shall adopt rules for the conduct of its meetings.	26426
Thereafter, the committee shall meet at the call of the	26427
chairperson or upon the filing of a petition with the district	26428
superintendent signed by a majority of the committee members	26429
calling for the committee to meet.	26430

(3) In the case of a school district in which an exclusive	26431
representative has been established pursuant to Chapter 4117. of	26432
the Revised Code, professional development committees shall be	26433
established in accordance with any collective bargaining agreement	26434
in effect in the district that includes provisions for such	26435
committees.	26436

If the collective bargaining agreement does not specify a	26437
different method for the selection of teacher members of the	26438
committees, the exclusive representative of the district's	26439
teachers shall select the teacher members.	26440

If the collective bargaining agreement does not specify a	26441
different structure for the committees, the board of education of	26442
the school district shall establish the structure, including the	26443
number of committees and the number of teacher and administrative	26444
members on each committee; the specific administrative members to	26445
be part of each committee; whether the scope of the committees	26446
will be district levels, building levels, or by type of grade or	26447
age levels for which educator licenses are designated; the lengths	26448
of terms for members; the manner of filling vacancies on the	26449
committees; and the frequency and time and place of meetings.	26450
However, in all cases, except as provided in division (C)(4) of	26451
this section, there shall be a majority of teacher members of any	26452
professional development committee, there shall be at least five	26453
total members of any professional development committee, and the	26454
exclusive representative shall designate replacement members in	26455
the case of vacancies among teacher members, unless the collective	26456
bargaining agreement specifies a different method of selecting	26457
such replacements.	26458

(4) Whenever an administrator's coursework plan is being	26459
discussed or voted upon, the local professional development	26460
committee shall, at the request of one of its administrative	26461
members, cause a majority of the committee to consist of	26462
administrative members by reducing the number of teacher members	26463
voting on the plan.	26464

(D)(1) The department of education, educational service	26465
centers, county boards of mental retardation and developmental	26466
disabilities, regional professional development centers, special	26467
education regional resource centers, college and university	26468
departments of education, head start programs, the eTech Ohio	26469
~~SchoolNet~~ commission, and the Ohio education computer network may	26470
establish local professional development committees to determine	26471
whether the coursework proposed by their employees who are	26472
licensed or certificated under this section or section 3319.222 of	26473
the Revised Code meet the requirements of the rules adopted under	26474
this section. They may establish local professional development	26475
committees on their own or in collaboration with a school district	26476
or other agency having authority to establish them.	26477

Local professional development committees established by	26478
county boards of mental retardation and developmental disabilities	26479
shall be structured in a manner comparable to the structures	26480
prescribed for school districts in divisions (C)(2) and (3) of	26481
this section, as shall the committees established by any other	26482
entity specified in division (D)(1) of this section that provides	26483
educational services by employing or contracting for services of	26484
classroom teachers licensed or certificated under this section or	26485
section 3319.222 of the Revised Code. All other entities specified	26486
in division (D)(1) of this section shall structure their	26487
committees in accordance with guidelines which shall be issued by	26488
the state board.	26489

(2) Any public agency that is not specified in division	26490
(D)(1) of this section but provides educational services and	26491
employs or contracts for services of classroom teachers licensed	26492
or certificated under this section or section 3319.222 of the	26493
Revised Code may establish a local professional development	26494
committee, subject to the approval of the department of education.	26495
The committee shall be structured in accordance with guidelines	26496
issued by the state board.	26497

Sec. 3319.235. (A) The standards for the preparation of	26498
teachers adopted under section 3319.23 of the Revised Code shall	26499
require any institution that provides a course of study for the	26500
training of teachers to ensure that graduates of such course of	26501
study are skilled at integrating educational technology in the	26502
instruction of children, as evidenced by the graduate having	26503
either demonstrated proficiency in such skills in a manner	26504
prescribed by the department of education or completed a course	26505
that includes training in such skills.	26506

(B) The eTech Ohio ~~SchoolNet~~ commission~~, established pursuant~~	26507
~~to section 3301.80 of the Revised Code,~~ shall establish model	26508
professional development programs to assist teachers who completed	26509
their teacher preparation prior to the effective date of division	26510
(A) of this section to become skilled at integrating educational	26511
technology in the instruction of children. The commission shall	26512
provide technical assistance to school districts wishing to	26513
establish such programs.	26514

Sec. 3319.55. (A) A grant program is hereby established to	26515
recognize and reward teachers in public and chartered nonpublic	26516
schools who hold valid teaching certificates or licenses issued by	26517
the national board for professional teaching standards. The	26518
superintendent of public instruction shall administer this program	26519
in accordance with this section and rules which the state board of	26520
education shall adopt in accordance with Chapter 119. of the	26521
Revised Code.	26522

In each fiscal year that the general assembly appropriates	26523
funds for purposes of this section, the superintendent of public	26524
instruction shall award a grant to each person who, by the first	26525
day of April of that year and in accordance with the rules adopted	26526
under this section, submits to the superintendent evidence	26527
indicating all of the following:	26528

(1) The person holds a valid certificate or license issued by	26529
the national board for professional teaching standards;	26530

(2) The person has been employed full-time as a teacher by	26531
the board of education of a school district or by a chartered	26532
nonpublic school in this state during the current school year;	26533

(3) The date the person was accepted into the national board	26534
certification or licensure program.	26535

An individual may receive a grant under this section in each	26536
fiscal year the person is eligible for a grant and submits	26537
evidence of that eligibility in accordance with this section. No	26538
person may receive a grant after the expiration of the person's	26539
initial certification or license issued by the national board.	26540

(B) The amount of the grant awarded to each eligible person	26541
under division (A) of this section in any fiscal year shall equal	26542
the following:	26543

(1) Two thousand five hundred dollars for any teacher	26544
accepted as a candidate for certification or licensure by the	26545
national board on or before May 31, 2003, and issued a certificate	26546
or license by the national board on or before December 31, 2004;	26547

(2) One thousand dollars for any other teacher issued a	26548
certificate or license by the national board.	26549

However, if the funds appropriated for purposes of this	26550
section in any fiscal year are not sufficient to award the full	26551
grant amount to each person who is eligible in that fiscal year,	26552
the superintendent shall prorate the amount of the grant awarded	26553
in that fiscal year to each eligible person.	26554

Sec. 3323.021. As used in this section, "participating	26555
county MR/DD board" means a county board of mental retardation and	26556
developmental disabilities electing to participate in the	26557
provision of or contracting for educational services for children	26558
under division (D) of section 5126.05 of the Revised Code.	26559

(A) When a school district, educational service center, or	26560
participating county MR/DD board enters into an agreement or	26561
contract with another school district, educational service center,	26562
or participating county MR/DD board to provide educational	26563
services to a disabled child during a school year, both of the	26564
following shall apply:	26565

(1) Beginning with fiscal year 1999, if the provider of the	26566
services intends to increase the amount it charges for some or all	26567
of those services during the next school year or if the provider	26568
intends to cease offering all or part of those services during the	26569
next school year, the provider shall notify the entity for which	26570
the services are provided of these intended changes no later that	26571
the first day of March of the current fiscal year.	26572

(2) Beginning with fiscal year 1999, if the entity for which	26573
services are provided intends to cease obtaining those services	26574
from the provider for the next school year or intends to change	26575
the type or amount of services it obtains from the provider for	26576
the next school year, the entity shall notify the service provider	26577
of these intended changes no later than the first day of March of	26578
the current fiscal year.	26579

(B) School districts, educational service centers,	26580
participating county MR/DD boards, and other applicable	26581
governmental entities shall collaborate where possible to maximize	26582
federal sources of revenue~~, including the community alternative~~	26583
~~funding system of the medical assistance program established under~~	26584
~~Chapter 5111. of the Revised Code,~~ to provide additional funds for	26585
special education related services for disabled children.	26586
Annually, each school district shall report to the department of	26587
education any amounts of money the district received through such	26588
medical assistance program.	26589

(C) The state board of education, the department of mental	26590
retardation and developmental disabilities, and the department of	26591
job and family services shall develop working agreements for	26592
pursuing additional funds for services for disabled children.	26593

Sec. 3323.091. (A) The department of mental health, the	26594
department of mental retardation and developmental disabilities,	26595
the department of youth services, and the department of	26596
rehabilitation and correction shall establish and maintain special	26597
education programs for handicapped children in institutions under	26598
their jurisdiction according to standards adopted by the state	26599
board of education. ~~The~~	26600

(B) The superintendent of each state institution required to	26601
provide services under division (A) of this section, and each	26602
county MR/DD board, providing special education for handicapped	26603
preschool children under this chapter may apply to the state	26604
department of education for unit funding, which shall be paid in	26605
accordance with sections 3317.052 and 3317.053 of the Revised	26606
Code.	26607

~~(B) On~~The superintendent of each state institution required	26608
to provide services under division (A) of this section may apply	26609
to the department of education for special education and related	26610
services weighted funding for handicapped children other than	26611
handicapped preschool children, calculated in accordance with	26612
section 3317.201 of the Revised Code.	26613

Each county MR/DD board providing special education for	26614
handicapped children other than handicapped preschool children may	26615
apply to the department of education for base cost and special	26616
education and related services weighted funding calculated in	26617
accordance with section 3317.20 of the Revised Code.	26618

(C) In addition to the authorization to apply for state	26619
funding described in division (B) of this section, each state	26620
institution required to provide services under division (A) of	26621
this section is entitled to tuition payments calculated in the	26622
manner described in division (C) of this section.	26623

On or before the thirtieth day of June of each year, the	26624
superintendent of each institution that during the school year	26625
provided special education pursuant to this section shall prepare	26626
a statement for each handicapped child under twenty-two years of	26627
age who has received special education. The statement shall	26628
contain the child's name and the name of the child's school	26629
district of residence. Within sixty days after receipt of such	26630
statement, the department of education shall perform one of the	26631
following:	26632

(1) For any child except a handicapped preschool child	26633
described in division ~~(B)~~(C)(2) of this section, pay to the	26634
institution submitting the statement an amount equal to the	26635
tuition calculated under division (A) of section 3317.08 of the	26636
Revised Code for the period covered by the statement, and deduct	26637
the same from the amount of state funds, if any, payable under	26638
sections 3317.022 and 3317.023 of the Revised Code, to the child's	26639
school district of residence or, if the amount of such state funds	26640
is insufficient, require the child's school district of residence	26641
to pay the institution submitting the statement an amount equal to	26642
the amount determined under this division.	26643

(2) For any handicapped preschool child not included in a	26644
unit approved under division (B) of section 3317.05 of the Revised	26645
Code, perform the following:	26646

(a) Pay to the institution submitting the statement an amount	26647
equal to the tuition calculated under division (B) of section	26648
3317.08 of the Revised Code for the period covered by the	26649
statement, except that in calculating the tuition under that	26650
section the operating expenses of the institution submitting the	26651
statement under this section shall be used instead of the	26652
operating expenses of the school district of residence;	26653

(b) Deduct from the amount of state funds, if any, payable	26654
under sections 3317.022 and 3317.023 of the Revised Code to the	26655
child's school district of residence an amount equal to the amount	26656
paid under division ~~(B)~~(C)(2)(a) of this section.	26657

Sec. 3323.14. This section does not apply to any handicapped	26658
preschool child except if included in a unit approved under	26659
division (B) of section 3317.05 of the Revised Code.	26660

(A) Where a child who is a school resident of one school	26661
district receives special education from another district and the	26662
per capita cost to the educating district for that child exceeds	26663
the sum of the amount received by the educating district for that	26664
child under division (A) of section 3317.08 of the Revised Code	26665
and the amount received by the district from the state board of	26666
education for that child, then the board of education of the	26667
district of residence shall pay ~~directly~~ to the board of the	26668
school district that is providing the special education such	26669
excess cost as is determined by using a formula approved by the	26670
department of education and agreed upon in contracts entered into	26671
by the boards of the district concerned at the time the district	26672
providing such special education accepts the child for enrollment.	26673
The department of education shall certify the amount of the	26674
payments under Chapter 3317. of the Revised Code for such	26675
handicapped pupils for each school year ending on the thirtieth	26676
day of July.	26677

(B) In the case of a child described in division (A) of this	26678
section who has been placed in a home, as defined in section	26679
3313.64 of the Revised Code, pursuant to the order of a court and	26680
who is not subject to section 3323.141 of the Revised Code, the	26681
district providing the child with special education and related	26682
services may charge to the child's district of residence the	26683
excess cost determined by formula approved by the department,	26684
regardless of whether the district of residence has entered into a	26685
contract with the district providing the services. If the district	26686
providing the services chooses to charge excess costs, the	26687
district may report the amount calculated under this division to	26688
the department.	26689

(C) If a district providing special education for a child	26690
reports an amount for the excess cost of those services, as	26691
authorized and calculated under division (A) or (B) of this	26692
section, the department shall pay that amount of excess cost to	26693
the district providing the services and shall deduct that amount	26694
from the child's district of residence in accordance with division	26695
(N) of section 3317.023 of the Revised Code.	26696

Sec. 3323.16. No unit for deaf children shall be disapproved	26697
for funding under division (B) ~~or (D)(1)~~ of section 3317.05 of the	26698
Revised Code on the basis of the methods of instruction used in	26699
educational programs in the school district or institution to	26700
teach deaf children to communicate, and no preference in approving	26701
units for funding shall be given for teaching deaf children by the	26702
oral, manual, total communication, or other method of instruction.	26703

~~Sec. 41.36.~~ Sec. 3323.19. (A) ~~In the 2004-2005 and 2005-2006 school~~	26704
~~years, within~~Within three months after a student identified with	26705
disabilities begins receiving services for the first time under an	26706
individualized education program~~, as defined in section 3323.01 of~~	26707
~~the Revised Code~~, the school district in which that student is	26708
enrolled shall require the student to undergo a comprehensive eye	26709
examination performed either by an optometrist licensed under	26710
Chapter 4725. of the Revised Code or by a physician authorized	26711
under Chapter 4731. of the Revised Code to practice medicine and	26712
surgery or osteopathic medicine and surgery who is comprehensively	26713
trained and educated in the treatment of the human eye, eye	26714
disease, or comprehensive vision services, unless the student	26715
underwent such an examination within the nine-month period	26716
immediately prior to being identified with disabilities.	26717

However, no student who has not undergone the eye examination	26718
required under this section shall be prohibited from initiating,	26719
receiving, or continuing to receive services prescribed in the	26720
student's individualized education program.	26721

(B) The superintendent of each school district or the	26722
superintendent's designee may determine fulfillment of the	26723
requirement prescribed in division (A) of this section based on	26724
any special circumstances of the student, the student's parent,	26725
guardian, or family that may prevent the student from undergoing	26726
the eye examination prior to beginning special education services.	26727

(C) Except for a student who may be entitled to a	26728
comprehensive eye examination in the identification of the	26729
student's disabilities, in the development of the student's	26730
individualized education program, or as a related service under	26731
the student's individualized education program, neither the state	26732
nor any school district shall be responsible for paying for the	26733
eye examination required by this section.	26734

Sec. 3323.20. On July 1, 2006, and on each first day of July	26735
thereafter, the department of education shall electronically	26736
report to the general assembly the number of handicapped preschool	26737
children who received services for which the department made a	26738
payment to any provider during the previous fiscal year,	26739
disaggregated according to each category of handicap described in	26740
divisions (A) to (F) of section 3317.013 of the Revised Code,	26741
regardless of whether payment for services was based on the	26742
multiples prescribed in those divisions.	26743

Sec. 3323.30. The Ohio center for autism and low incidence	26744
is hereby established within the department of education's office	26745
for exceptional children, or any successor of that office. The	26746
center shall administer programs and coordinate services for	26747
infants, preschool and school-age children, and adults with autism	26748
and low incidence disabilities. The center's principal focus shall	26749
be programs and services for persons with autism. The center shall	26750
be under the direction of an executive director, appointed by the	26751
superintendent of public instruction in consultation with the	26752
advisory board established under section 3323.31 of the Revised	26753
Code. The department shall use state and federal funds	26754
appropriated to the department for operation of the center.	26755

As used in this section and in sections 3323.31 to 3323.33 of	26756
the Revised Code, "autism and low incidence disabilities" includes	26757
any of the following:	26758

(A) Autism;

26759

(B) Deafness or hearing handicap;

26760

26761

(D) Orthopedic handicap;

26762

(E) Other health handicap;

26763

(F) Traumatic brain injury;

26764

(G) Visual disability.

26765

Sec. 3323.31. The superintendent of public instruction shall	26766
establish an advisory board to assist and advise the department of	26767
education in the operation of the Ohio center for autism and low	26768
incidence. As determined by the superintendent, the advisory board	26769
shall consist of individuals who are stakeholders in the service	26770
to persons with autism and low incidence disabilities, including,	26771
but not limited to, the following:	26772

(A) Persons with autism and low incidence disabilities;

26773

(B) Parents and family members;

26774

26775

(D) Higher education instructors;

26776

(E) Representatives of state agencies.

26777

The advisory board shall be organized as determined by the	26778
superintendent.	26779

Members of the advisory board shall receive no compensation	26780
for their services.	26781

Sec. 3323.32. The Ohio center for autism and low incidence	26782
shall do all of the following:	26783

(A) Collaborate and consult with state agencies that serve	26784
persons with autism and low incidence disabilities;	26785

(B) Collaborate and consult with institutions of higher	26786
education in development and implementation of courses for	26787
educators and other professionals serving persons with autism and	26788
low incidence disabilities;	26789

26790

(D) Create and implement programs for professional	26791
development, technical assistance, intervention services, and	26792
research in the treatment of persons with autism and low incidence	26793
disabilities;	26794

(E) Create a regional network for communication and	26795
dissemination of information among educators and professionals	26796
serving persons with autism and low incidence disabilities. The	26797
regional network shall address educational services, evaluation,	26798
diagnosis, assistive technology, family support, leisure and	26799
recreational activities, transition, employment and adult	26800
services, and medical care for persons with autism and low	26801
incidence disabilities.	26802

(F) Develop a statewide clearinghouse for information about	26803
autism spectrum disorders and low incidence disabilities, as	26804
described in section 3323.33 of the Revised Code.	26805

Sec. 3323.33. In developing a clearinghouse for information	26806
about autism spectrum disorders and low incidence disabilities, as	26807
required under section 3323.32 of the Revised Code, the Ohio	26808
center for autism and low incidence shall do all of the following:	26809

(A) Maintain a collection of resources for public	26810
distribution;	26811

(B) Monitor information on resources, trends, policies,	26812
services, and current educational interventions;	26813

(C) Respond to requests for information from parents and	26814
educators of children with autism and low incidence disabilities.	26815

Sec. 3324.10. (A) As used in this section, "grade	26816
acceleration" means the promotion of a student to a grade higher	26817
than the grade that would generally follow the one the student has	26818
completed.	26819

(B) Not later than March 31, 2006, the superintendent of	26820
public instruction shall review the grade acceleration policies of	26821
school districts throughout the state and adopt as the state's	26822
policy the policy from among that group that represents the best	26823
practices for a statewide grade acceleration policy, as determined	26824
by the superintendent. The superintendent shall provide each	26825
district with a copy of the policy upon its adoption. Any school	26826
district board of education that has not adopted a grade	26827
acceleration policy for use in its district shall comply with the	26828
statewide grade acceleration policy.	26829

(C) The statewide grade acceleration policy adopted pursuant	26830
to this section shall be effective beginning with the 2006-2007	26831
school year.	26832

Sec. 3325.10. The state school for the blind may receive and	26833
administer any federal funds relating to the education of blind or	26834
visually impaired students. The school for the blind also may	26835
accept and administer any gifts, donations, or bequests made to it	26836
for programs or services relating to the education of blind or	26837
visually impaired students.	26838

Sec. 3325.11. There is hereby created in the state treasury	26839
the state school for the blind student activity and work-study	26840
fund. Moneys received from donations, bequests, the school	26841
vocational program, and any other moneys designated for deposit in	26842
the fund by the superintendent of the state school for the blind	26843
shall be credited to the fund. Notwithstanding section 3325.01 of	26844
the Revised Code, the approval of the state board of education is	26845
not required to designate money for deposit into the fund. The	26846
school for the blind shall use money in the fund for school	26847
operating expenses, including, but not limited to, personal	26848
services, maintenance, and equipment related to student support,	26849
activities, and vocational programs, and for providing	26850
scholarships to students for further training upon graduation.	26851

Sec. 3325.12. There is hereby created the state school for	26852
the blind student account fund, which shall be in the custody of	26853
the treasurer of state but shall not be part of the state	26854
treasury. The fund shall consist of all moneys received from the	26855
parents or guardians of students attending the state school for	26856
the blind that are designated for use by the respective students	26857
in activities of their choice. The treasurer of state may invest	26858
any portion of the fund not needed for immediate use in the same	26859
manner as, and subject to laws regarding the investment of, state	26860
funds. The treasurer of state shall disburse money from the fund	26861
on order of the superintendent of the state school for the blind	26862
or the superintendent's designee. All investment earnings of the	26863
fund shall be credited to the fund and allocated among the student	26864
accounts in proportion to the amount invested from each student's	26865
account.	26866

Sec. 3325.15. The state school for the deaf may receive and	26867
administer any federal funds relating to the education of deaf or	26868
hearing-impaired students. The school for the deaf also may accept	26869
and administer any gifts, donations, or bequests given to it for	26870
programs or services relating to the education of deaf or	26871
hearing-impaired students.	26872

Sec. 3325.16. There is hereby created in the state treasury	26873
the state school for the deaf educational program expenses fund.	26874
Moneys received by the school from donations, bequests, student	26875
fundraising activities, fees charged for camps and workshops, gate	26876
receipts from athletic contests, and the student work experience	26877
program operated by the school, and any other moneys designated	26878
for deposit in the fund by the superintendent of the school, shall	26879
be credited to the fund. Notwithstanding section 3325.01 of the	26880
Revised Code, the approval of the state board of education is not	26881
required to designate money for deposit into the fund. The state	26882
school for the deaf shall use moneys in the fund for educational	26883
programs, after-school activities, and expenses associated with	26884
student activities and clubs.	26885

Sec. 3325.17. There is hereby created the state school for	26886
the deaf student account fund, which shall be in the custody of	26887
the treasurer of state but shall not be part of the state	26888
treasury. The fund shall consist of all moneys received from the	26889
parents or guardians of students attending the state school for	26890
the deaf that are designated for use by the respective students in	26891
activities of their choice. The treasurer of state may invest any	26892
portion of the fund not needed for immediate use in the same	26893
manner as, and subject to laws regarding the investment of, state	26894
funds. The treasurer of state shall disburse money from the fund	26895
on order of the superintendent of the state school for the deaf or	26896
the superintendent's designee. All investment earnings of the fund	26897
shall be credited to the fund and allocated among the student	26898
accounts in proportion to the amount invested from each student's	26899
account.	26900

Sec. 3327.01. Notwithstanding division (D) of section	26901
3311.19 and division (D) of section 3311.52 of the Revised Code,	26902
this section and sections 3327.011, 3327.012, and 3327.02 of the	26903
Revised Code do not apply to any joint vocational or cooperative	26904
education school district.	26905

In all city, local, and exempted village school districts	26906
where resident school pupils in grades kindergarten through eight	26907
live more than two miles from the school for which the state board	26908
of education prescribes minimum standards pursuant to division (D)	26909
of section 3301.07 of the Revised Code and to which they are	26910
assigned by the board of education of the district of residence or	26911
to and from the nonpublic or community school which they attend	26912
the board of education shall provide transportation for such	26913
pupils to and from such school except as provided in section	26914
3327.02 of the Revised Code.	26915

In all city, local, and exempted village school districts	26916
where pupil transportation is required under a career-technical	26917
plan approved by the state board of education under section	26918
3313.90 of the Revised Code, for any student attending a	26919
career-technical program operated by another school district,	26920
including a joint vocational school district, as prescribed under	26921
that section, the board of education of the student's district of	26922
residence shall provide transportation from the public high school	26923
operated by that district to which the student is assigned to the	26924
career-technical program.	26925

In all city, local, and exempted village school districts the	26926
board may provide transportation for resident school pupils in	26927
grades nine through twelve to and from the high school to which	26928
they are assigned by the board of education of the district of	26929
residence or to and from the nonpublic or community high school	26930
which they attend for which the state board of education	26931
prescribes minimum standards pursuant to division (D) of section	26932
3301.07 of the Revised Code.	26933

A board of education shall not be required to transport	26934
elementary or high school pupils to and from a nonpublic or	26935
community school where such transportation would require more than	26936
thirty minutes of direct travel time as measured by school bus	26937
from the public school building to which the pupils would be	26938
assigned if attending the public school designated by the district	26939
of residence.	26940

Where it is impractical to transport a pupil by school	26941
conveyance, a board of education may offer payment, in lieu of	26942
providing such transportation in accordance with section 3327.02	26943
of the Revised Code.	26944

In all city, local, and exempted village school districts the	26945
board shall provide transportation for all children who are so	26946
crippled that they are unable to walk to and from the school for	26947
which the state board of education prescribes minimum standards	26948
pursuant to division (D) of section 3301.07 of the Revised Code	26949
and which they attend. In case of dispute whether the child is	26950
able to walk to and from the school, the health commissioner shall	26951
be the judge of such ability. In all city, exempted village, and	26952
local school districts the board shall provide transportation to	26953
and from school or special education classes for educable mentally	26954
retarded children in accordance with standards adopted by the	26955
state board of education.	26956

When transportation of pupils is provided the conveyance	26957
shall be run on a time schedule that shall be adopted and put in	26958
force by the board not later than ten days after the beginning of	26959
the school term.	26960

The cost of any transportation service authorized by this	26961
section shall be paid first out of federal funds, if any,	26962
available for the purpose of pupil transportation, and secondly	26963
out of state appropriations, in accordance with regulations	26964
adopted by the state board of education.	26965

No transportation of any pupils shall be provided by any	26966
board of education to or from any school which in the selection of	26967
pupils, faculty members, or employees, practices discrimination	26968
against any person on the grounds of race, color, religion, or	26969
national origin.	26970

Sec. 3332.092. Any school subject to this chapter receiving	26971
money under section 3333.12 or 3333.122 of the Revised Code on	26972
behalf of a student who is determined by the state board of career	26973
colleges and schools to be ineligible under such section because	26974
the program in which the student is enrolled does not lead to an	26975
associate or baccalaureate degree, shall be liable to the state	26976
for the amount specified in section 3333.12 or 3333.122 of the	26977
Revised Code. The state board of career colleges and schools shall	26978
suspend the certificate of registration of a school receiving	26979
money under section 3333.12 or 3333.122 of the Revised Code for	26980
such ineligible student until such time as the money is repaid to	26981
the Ohio board of regents.	26982

Sec. 3333.04. The Ohio board of regents shall:

26983

(A) Make studies of state policy in the field of higher	26984
education and formulate a master plan for higher education for the	26985
state, considering the needs of the people, the needs of the	26986
state, and the role of individual public and private institutions	26987
within the state in fulfilling these needs;	26988

(B)(1) Report annually to the governor and the general	26989
assembly on the findings from its studies and the master plan for	26990
higher education for the state;	26991

(2) Report at least semiannually to the general assembly and	26992
the governor the enrollment numbers at each state-assisted	26993
institution of higher education.	26994

(C) Approve or disapprove the establishment of new branches	26995
or academic centers of state colleges and universities;	26996

(D) Approve or disapprove the establishment of state	26997
technical colleges or any other state institution of higher	26998
education;	26999

(E) Recommend the nature of the programs, undergraduate,	27000
graduate, professional, state-financed research, and public	27001
services which should be offered by the state colleges,	27002
universities, and other state-assisted institutions of higher	27003
education in order to utilize to the best advantage their	27004
facilities and personnel;	27005

(F) Recommend to the state colleges, universities, and other	27006
state-assisted institutions of higher education graduate or	27007
professional programs, including, but not limited to, doctor of	27008
philosophy, doctor of education, and juris doctor programs, that	27009
could be eliminated because they constitute unnecessary	27010
duplication, as shall be determined using the process developed	27011
pursuant to this section, or for other good and sufficient cause.	27012
For purposes of determining the amounts of any state instructional	27013
subsidies paid to these colleges, universities, and institutions,	27014
the board may exclude students enrolled in any program that the	27015
board has recommended for elimination pursuant to this division	27016
except that the board shall not exclude any such student who	27017
enrolled in the program prior to the date on which the board	27018
initially commences to exclude students under this division. The	27019
board of regents and these colleges, universities, and	27020
institutions shall jointly develop a process for determining which	27021
existing graduate or professional programs constitute unnecessary	27022
duplication.	27023

(G) Recommend to the state colleges, universities, and other	27024
state-assisted institutions of higher education programs which	27025
should be added to their present programs;	27026

(H) Conduct studies for the state colleges, universities, and	27027
other state-assisted institutions of higher education to assist	27028
them in making the best and most efficient use of their existing	27029
facilities and personnel;	27030

(I) Make recommendations to the governor and general assembly	27031
concerning the development of state-financed capital plans for	27032
higher education; the establishment of new state colleges,	27033
universities, and other state-assisted institutions of higher	27034
education; and the establishment of new programs at the existing	27035
state colleges, universities, and other institutions of higher	27036
education;	27037

(J) Review the appropriation requests of the public community	27038
colleges and the state colleges and universities and submit to the	27039
office of budget and management and to the chairpersons of the	27040
finance committees of the house of representatives and of the	27041
senate its recommendations in regard to the biennial higher	27042
education appropriation for the state, including appropriations	27043
for the individual state colleges and universities and public	27044
community colleges. For the purpose of determining the amounts of	27045
instructional subsidies to be paid to state-assisted colleges and	27046
universities, the board shall define "full-time equivalent	27047
student" by program per academic year. The definition may take	27048
into account the establishment of minimum enrollment levels in	27049
technical education programs below which support allowances will	27050
not be paid. Except as otherwise provided in this section, the	27051
board shall make no change in the definition of "full-time	27052
equivalent student" in effect on November 15, 1981, which would	27053
increase or decrease the number of subsidy-eligible full-time	27054
equivalent students, without first submitting a fiscal impact	27055
statement to the president of the senate, the speaker of the house	27056
of representatives, ~~the legislative budget office of~~ the	27057
legislative service commission, and the director of budget and	27058
management. The board shall work in close cooperation with the	27059
director of budget and management in this respect and in all other	27060
matters concerning the expenditures of appropriated funds by state	27061
colleges, universities, and other institutions of higher	27062
education.	27063

(K) Seek the cooperation and advice of the officers and	27064
trustees of both public and private colleges, universities, and	27065
other institutions of higher education in the state in performing	27066
its duties and making its plans, studies, and recommendations;	27067

(L) Appoint advisory committees consisting of persons	27068
associated with public or private secondary schools, members of	27069
the state board of education, or personnel of the state department	27070
of education;	27071

(M) Appoint advisory committees consisting of college and	27072
university personnel, or other persons knowledgeable in the field	27073
of higher education, or both, in order to obtain their advice and	27074
assistance in defining and suggesting solutions for the problems	27075
and needs of higher education in this state;	27076

(N) Approve or disapprove all new degrees and new degree	27077
programs at all state colleges, universities, and other	27078
state-assisted institutions of higher education;	27079

(O) Adopt such rules as are necessary to carry out its duties	27080
and responsibilities;	27081

(P) Establish and submit to the governor and the general	27082
assembly a clear and measurable set of goals and timetables for	27083
their achievement for each program under the supervision of the	27084
board that is designed to accomplish any of the following:	27085

(1) Increased access to higher education;

27086

(2) Job training;

27087

(3) Adult literacy;

27088

(4) Research;

27089

(5) Excellence in higher education;

27090

(6) Reduction in the number of graduate programs within the	27091
same subject area.	27092

In July of each odd-numbered year, the board of regents shall	27093
submit to the governor and the general assembly a report on	27094
progress made toward these goals.	27095

(Q) Make recommendations to the governor and the general	27096
assembly regarding the design and funding of the student financial	27097
aid programs specified in sections 3333.12, 3333.122, 3333.21 to	27098
3333.27, and 5910.02 of the Revised Code;	27099

(R) Participate in education-related state or federal	27100
programs on behalf of the state and assume responsibility for the	27101
administration of such programs in accordance with applicable	27102
state or federal law;	27103

(S) Adopt rules for student financial aid programs as	27104
required by sections 3333.12, 3333.122, 3333.21 to 3333.27,	27105
3333.28, 3333.29, and 5910.02 of the Revised Code, and perform any	27106
other administrative functions assigned to the board by those	27107
sections;	27108

(T) Administer contracts under sections 3702.74 and 3702.75	27109
of the Revised Code in accordance with rules adopted by the	27110
director of health under section 3702.79 of the Revised Code;	27111

(U) Conduct enrollment audits of state-supported institutions	27112
of higher education;	27113

(V) Appoint consortiums of college and university personnel	27114
to participate in the development and operation of statewide	27115
collaborative efforts, including the Ohio supercomputer center,	27116
the Ohio academic resources network, OhioLink, and the Ohio	27117
learning network. For each consortium, the board shall designate a	27118
college or university to serve as that consortium's fiscal agent,	27119
financial officer, and employer. Any funds appropriated to the	27120
board for consortiums shall be distributed to the fiscal agents	27121
for the operation of the consortiums. A consortium shall follow	27122
the rules of the college or university that serves as its fiscal	27123
agent.	27124

Sec. 3333.044. (A) The Ohio board of regents may contract	27125
with any consultants that are necessary for the discharge of the	27126
board's duties under this chapter.	27127

(B) The Ohio board of regents may purchase, upon the terms	27128
that the board determines to be advisable, one or more policies of	27129
insurance from insurers authorized to do business in this state	27130
that insure consultants who have contracted with the board under	27131
division (A) of this section or members of an advisory committee	27132
appointed under section 3333.04 of the Revised Code, with respect	27133
to the activities of the consultants or advisory committee members	27134
in the course of the performance of their responsibilities as	27135
consultants or advisory committee members.	27136

(C) Subject to the approval of the controlling board, the	27137
Ohio board of regents may contract with any entities for the	27138
discharge of the board's duties and responsibilities under any of	27139
the programs established pursuant to sections 3333.12, 3333.122,	27140
3333.21 to 3333.28, 3702.71 to 3702.81, and 5120.55, and Chapter	27141
5910. of the Revised Code. The board shall not enter into a	27142
contract under this division unless the proposed contractor	27143
demonstrates that its primary purpose is to promote access to	27144
higher education by providing student financial assistance through	27145
loans, grants, or scholarships, and by providing high quality	27146
support services and information to students and their families	27147
with regard to such financial assistance.	27148

Chapter 125. of the Revised Code does not apply to contracts	27149
entered into pursuant to this section. In awarding contracts under	27150
this division, the board shall consider factors such as the cost	27151
of the administration of the contract, the experience of the	27152
contractor, and the contractor's ability to properly execute the	27153
contract.	27154

Sec. 3333.047. With regard to any state student financial aid	27155
program established in this chapter, Chapter 5910., or section	27156
5919.34 of the Revised Code, the Ohio board of regents shall	27157
conduct audits to:	27158

(A) Determine the validity of information provided by	27159
students and parents regarding eligibility for state student	27160
financial aid. If the board determines that eligibility data has	27161
been reported incorrectly or inaccurately, and where the board	27162
determines an adjustment to be appropriate, the institution of	27163
higher education shall adjust the financial aid awarded to the	27164
student.	27165

(B) Ensure that institutions of higher education are in	27166
compliance with the board's rules governing state student	27167
financial aid programs. An institution that fails to comply with	27168
the board's rules in the administration of any state student	27169
financial aid program shall be fully liable to reimburse the board	27170
for the unauthorized use of student financial aid funds.	27171

Sec. 3333.12. (A) As used in this section:

27172

(1) "Eligible student" means an undergraduate student who is:

27173

(a) An Ohio resident enrolled in an undergraduate program	27174
before the 2006-2007 academic year;	27175

(b) Enrolled in either of the following:

27176

(i) An accredited institution of higher education in this	27177
state that meets the requirements of Title VI of the Civil Rights	27178
Act of 1964 and is state-assisted, is nonprofit and has a	27179
certificate of authorization from the Ohio board of regents	27180
pursuant to Chapter 1713. of the Revised Code, has a certificate	27181
of registration from the state board of career colleges and	27182
schools and program authorization to award an associate or	27183
bachelor's degree, or is a private institution exempt from	27184
regulation under Chapter 3332. of the Revised Code as prescribed	27185
in section 3333.046 of the Revised Code. Students who attend an	27186
institution that holds a certificate of registration shall be	27187
enrolled in a program leading to an associate or bachelor's degree	27188
for which associate or bachelor's degree program the institution	27189
has program authorization issued under section 3332.05 of the	27190
Revised Code.	27191

(ii) A technical education program of at least two years	27192
duration sponsored by a private institution of higher education in	27193
this state that meets the requirements of Title VI of the Civil	27194
Rights Act of 1964.	27195

(c) Enrolled as a full-time student or enrolled as a less	27196
than full-time student for the term expected to be the student's	27197
final term of enrollment and is enrolled for the number of credit	27198
hours necessary to complete the requirements of the program in	27199
which the student is enrolled.	27200

(2) "Gross income" includes all taxable and nontaxable income	27201
of the parents, the student, and the student's spouse, except	27202
income derived from an Ohio academic scholarship, income earned by	27203
the student between the last day of the spring term and the first	27204
day of the fall term, and other income exclusions designated by	27205
the board. Gross income may be verified to the board by the	27206
institution in which the student is enrolled using the federal	27207
financial aid eligibility verification process or by other means	27208
satisfactory to the board.	27209

(3) "Resident," "full-time student," "dependent,"	27210
"financially independent," and "accredited" shall be defined by	27211
rules adopted by the board.	27212

(B) The Ohio board of regents shall establish and administer	27213
an instructional grant program and may adopt rules to carry out	27214
this section. The general assembly shall support the instructional	27215
grant program by such sums and in such manner as it may provide,	27216
but the board may also receive funds from other sources to support	27217
the program. If the amounts available for support of the program	27218
are inadequate to provide grants to all eligible students,	27219
preference in the payment of grants shall be given in terms of	27220
income, beginning with the lowest income category of gross income	27221
and proceeding upward by category to the highest gross income	27222
category.	27223

An instructional grant shall be paid to an eligible student	27224
through the institution in which the student is enrolled, except	27225
that no instructional grant shall be paid to any person serving a	27226
term of imprisonment. Applications for such grants shall be made	27227
as prescribed by the board, and such applications may be made in	27228
conjunction with and upon the basis of information provided in	27229
conjunction with student assistance programs funded by agencies of	27230
the United States government or from financial resources of the	27231
institution of higher education. The institution shall certify	27232
that the student applicant meets the requirements set forth in	27233
divisions (A)(1)(b) and (c) of this section. Instructional grants	27234
shall be provided to an eligible student only as long as the	27235
student is making appropriate progress toward a nursing diploma or	27236
an associate or bachelor's degree. No student shall be eligible to	27237
receive a grant for more than ten semesters, fifteen quarters, or	27238
the equivalent of five academic years. A grant made to an eligible	27239
student on the basis of less than full-time enrollment shall be	27240
based on the number of credit hours for which the student is	27241
enrolled and shall be computed in accordance with a formula	27242
adopted by the board. No student shall receive more than one grant	27243
on the basis of less than full-time enrollment.	27244

An instructional grant shall not exceed the total	27245
instructional and general charges of the institution.	27246

(C) The tables in this division prescribe the maximum grant	27247
amounts covering two semesters, three quarters, or a comparable	27248
portion of one academic year. Grant amounts for additional terms	27249
in the same academic year shall be determined under division (D)	27250
of this section.	27251

For a full-time student who is a dependent and enrolled in a	27252
nonprofit educational institution that is not a state-assisted	27253
institution and that has a certificate of authorization issued	27254
pursuant to Chapter 1713. of the Revised Code, the amount of the	27255
instructional grant for two semesters, three quarters, or a	27256
comparable portion of the academic year shall be determined in	27257
accordance with the following table:	27258

Private Institution

27259

Table of Grants

27260

	Maximum Grant $5,466		27261
Gross Income	Number of Dependents		27262

5 or more

27263

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	27264
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	27265
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	27266
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	27267
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	27268
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	27269
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	27270
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	27271
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	27272
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	27273
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	27274
$33,001 - $34,000	888	984	1,080	1,344	1,626	27275
$34,001 - $35,000	444	888	984	1,080	1,344	27276
$35,001 - $36,000	--	444	888	984	1,080	27277
$36,001 - $37,000	--	--	444	888	984	27278
$37,001 - $38,000	--	--	--	444	888	27279
$38,001 - $39,000	--	--	--	--	444	27280

For a full-time student who is financially independent and	27281
enrolled in a nonprofit educational institution that is not a	27282
state-assisted institution and that has a certificate of	27283
authorization issued pursuant to Chapter 1713. of the Revised	27284
Code, the amount of the instructional grant for two semesters,	27285
three quarters, or a comparable portion of the academic year shall	27286
be determined in accordance with the following table:	27287

Private Institution

27288

Table of Grants

27289

	Maximum Grant $5,466		27290
Gross Income	Number of Dependents		27291

5 or more

27292

$0 - $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	27293
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	27294
$5,301 - $5,800	4,362	5,196	5,466	5,466	5,466	5,466	27295
$5,801 - $6,300	3,828	4,914	5,196	5,466	5,466	5,466	27296
$6,301 - $6,800	3,288	4,650	4,914	5,196	5,466	5,466	27297
$6,801 - $7,300	2,736	4,380	4,650	4,914	5,196	5,466	27298
$7,301 - $8,300	2,178	4,104	4,380	4,650	4,914	5,196	27299
$8,301 - $9,300	1,626	3,822	4,104	4,380	4,650	4,914	27300
$9,301 - $10,300	1,344	3,546	3,822	4,104	4,380	4,650	27301
$10,301 - $11,800	1,080	3,408	3,546	3,822	4,104	4,380	27302
$11,801 - $13,300	984	3,276	3,408	3,546	3,822	4,104	27303
$13,301 - $14,800	888	3,228	3,276	3,408	3,546	3,822	27304
$14,801 - $16,300	444	2,904	3,228	3,276	3,408	3,546	27305
$16,301 - $19,300	--	2,136	2,628	2,952	3,276	3,408	27306
$19,301 - $22,300	--	1,368	1,866	2,358	2,676	3,000	27307
$22,301 - $25,300	--	1,092	1,368	1,866	2,358	2,676	27308
$25,301 - $30,300	--	816	1,092	1,368	1,866	2,358	27309
$30,301 - $35,300	--	492	540	672	816	1,314	27310

For a full-time student who is a dependent and enrolled in an	27311
educational institution that holds a certificate of registration	27312
from the state board of career colleges and schools or a private	27313
institution exempt from regulation under Chapter 3332. of the	27314
Revised Code as prescribed in section 3333.046 of the Revised	27315
Code, the amount of the instructional grant for two semesters,	27316
three quarters, or a comparable portion of the academic year shall	27317
be determined in accordance with the following table:	27318

Career Institution

27319

Table of Grants

27320

	Maximum Grant $4,632		27321
Gross Income	Number of Dependents		27322

5 or more

27323

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	27324
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	27325
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	27326
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	27327
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	27328
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	27329
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	27330
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	27331
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	27332
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	27333
$32,001 - $33,000	852	906	1,134	1,416	1,854	27334
$33,001 - $34,000	750	852	906	1,134	1,416	27335
$34,001 - $35,000	372	750	852	906	1,134	27336
$35,001 - $36,000	--	372	750	852	906	27337
$36,001 - $37,000	--	--	372	750	852	27338
$37,001 - $38,000	--	--	--	372	750	27339
$38,001 - $39,000	--	--	--	--	372	27340

For a full-time student who is financially independent and	27341
enrolled in an educational institution that holds a certificate of	27342
registration from the state board of career colleges and schools	27343
or a private institution exempt from regulation under Chapter	27344
3332. of the Revised Code as prescribed in section 3333.046 of the	27345
Revised Code, the amount of the instructional grant for two	27346
semesters, three quarters, or a comparable portion of the academic	27347
year shall be determined in accordance with the following table:	27348

Career Institution

27349

Table of Grants

27350

	Maximum Grant $4,632		27351
Gross Income	Number of Dependents		27352

5 or more

27353

$0 - $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	27354
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	27355
$5,301 - $5,800	3,684	4,410	4,632	4,632	4,632	4,632	27356
$5,801 - $6,300	3,222	4,158	4,410	4,632	4,632	4,632	27357
$6,301 - $6,800	2,790	3,930	4,158	4,410	4,632	4,632	27358
$6,801 - $7,300	2,292	3,714	3,930	4,158	4,410	4,632	27359
$7,301 - $8,300	1,854	3,462	3,714	3,930	4,158	4,410	27360
$8,301 - $9,300	1,416	3,246	3,462	3,714	3,930	4,158	27361
$9,301 - $10,300	1,134	3,024	3,246	3,462	3,714	3,930	27362
$10,301 - $11,800	906	2,886	3,024	3,246	3,462	3,714	27363
$11,801 - $13,300	852	2,772	2,886	3,024	3,246	3,462	27364
$13,301 - $14,800	750	2,742	2,772	2,886	3,024	3,246	27365
$14,801 - $16,300	372	2,466	2,742	2,772	2,886	3,024	27366
$16,301 - $19,300	--	1,800	2,220	2,520	2,772	2,886	27367
$19,301 - $22,300	--	1,146	1,584	1,986	2,268	2,544	27368
$22,301 - $25,300	--	930	1,146	1,584	1,986	2,268	27369
$25,301 - $30,300	--	708	930	1,146	1,584	1,986	27370
$30,301 - $35,300	--	426	456	570	708	1,116	27371

For a full-time student who is a dependent and enrolled in a	27372
state-assisted educational institution, the amount of the	27373
instructional grant for two semesters, three quarters, or a	27374
comparable portion of the academic year shall be determined in	27375
accordance with the following table:	27376

Public Institution

27377

Table of Grants

27378

	Maximum Grant $2,190		27379
Gross Income	Number of Dependents		27380

5 or more

27381

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	27382
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	27383
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	27384
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	27385
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	27386
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	27387
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	27388
$25,001 - $28,000	648	864	1,080	1,320	1,542	27389
$28,001 - $31,000	522	648	864	1,080	1,320	27390
$31,001 - $32,000	420	522	648	864	1,080	27391
$32,001 - $33,000	384	420	522	648	864	27392
$33,001 - $34,000	354	384	420	522	648	27393
$34,001 - $35,000	174	354	384	420	522	27394
$35,001 - $36,000	--	174	354	384	420	27395
$36,001 - $37,000	--	--	174	354	384	27396
$37,001 - $38,000	--	--	--	174	354	27397
$38,001 - $39,000	--	--	--	--	174	27398

For a full-time student who is financially independent and	27399
enrolled in a state-assisted educational institution, the amount	27400
of the instructional grant for two semesters, three quarters, or a	27401
comparable portion of the academic year shall be determined in	27402
accordance with the following table:	27403

Public Institution

27404

Table of Grants

27405

	Maximum Grant $2,190		27406
Gross Income	Number of Dependents		27407

5 or more

27408

$0 - $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	27409
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	27410
$5,301 - $5,800	1,740	2,082	2,190	2,190	2,190	2,190	27411
$5,801 - $6,300	1,542	1,968	2,082	2,190	2,190	2,190	27412
$6,301 - $6,800	1,320	1,866	1,968	2,082	2,190	2,190	27413
$6,801 - $7,300	1,080	1,758	1,866	1,968	2,082	2,190	27414
$7,301 - $8,300	864	1,638	1,758	1,866	1,968	2,082	27415
$8,301 - $9,300	648	1,530	1,638	1,758	1,866	1,968	27416
$9,301 - $10,300	522	1,422	1,530	1,638	1,758	1,866	27417
$10,301 - $11,800	420	1,356	1,422	1,530	1,638	1,758	27418
$11,801 - $13,300	384	1,308	1,356	1,422	1,530	1,638	27419
$13,301 - $14,800	354	1,290	1,308	1,356	1,422	1,530	27420
$14,801 - $16,300	174	1,164	1,290	1,308	1,356	1,422	27421
$16,301 - $19,300	--	858	1,050	1,182	1,308	1,356	27422
$19,301 - $22,300	--	540	750	948	1,062	1,200	27423
$22,301 - $25,300	--	432	540	750	948	1,062	27424
$25,301 - $30,300	--	324	432	540	750	948	27425
$30,301 - $35,300	--	192	210	264	324	522	27426

(D) For a full-time student enrolled in an eligible	27427
institution for a semester or quarter in addition to the portion	27428
of the academic year covered by a grant determined under division	27429
(C) of this section, the maximum grant amount shall be a	27430
percentage of the maximum prescribed in the applicable table of	27431
that division. The maximum grant for a fourth quarter shall be	27432
one-third of the maximum amount prescribed under that division.	27433
The maximum grant for a third semester shall be one-half of the	27434
maximum amount prescribed under that division.	27435

(E) No grant shall be made to any student in a course of	27436
study in theology, religion, or other field of preparation for a	27437
religious profession unless such course of study leads to an	27438
accredited bachelor of arts, bachelor of science, associate of	27439
arts, or associate of science degree.	27440

(F)(1) Except as provided in division (F)(2) of this section,	27441
no grant shall be made to any student for enrollment during a	27442
fiscal year in an institution with a cohort default rate	27443
determined by the United States secretary of education pursuant to	27444
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	27445
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	27446
preceding the fiscal year, equal to or greater than thirty per	27447
cent for each of the preceding two fiscal years.	27448

(2) Division (F)(1) of this section does not apply to the	27449
following:	27450

(a) Any student enrolled in an institution that under the	27451
federal law appeals its loss of eligibility for federal financial	27452
aid and the United States secretary of education determines its	27453
cohort default rate after recalculation is lower than the rate	27454
specified in division (F)(1) of this section or the secretary	27455
determines due to mitigating circumstances the institution may	27456
continue to participate in federal financial aid programs. The	27457
board shall adopt rules requiring institutions to provide	27458
information regarding an appeal to the board.	27459

(b) Any student who has previously received a grant under	27460
this section who meets all other requirements of this section.	27461

(3) The board shall adopt rules for the notification of all	27462
institutions whose students will be ineligible to participate in	27463
the grant program pursuant to division (F)(1) of this section.	27464

(4) A student's attendance at an institution whose students	27465
lose eligibility for grants under division (F)(1) of this section	27466
shall not affect that student's eligibility to receive a grant	27467
when enrolled in another institution.	27468

(G) Institutions of higher education that enroll students	27469
receiving instructional grants under this section shall report to	27470
the board all students who have received instructional grants but	27471
are no longer eligible for all or part of such grants and shall	27472
refund any moneys due the state within thirty days after the	27473
beginning of the quarter or term immediately following the quarter	27474
or term in which the student was no longer eligible to receive all	27475
or part of the student's grant. There shall be an interest charge	27476
of one per cent per month on all moneys due and payable after such	27477
thirty-day period. The board shall immediately notify the office	27478
of budget and management and the legislative service commission of	27479
all refunds so received.	27480

Sec. 3333.121. There is hereby established in the state	27481
treasury the ~~instructional grant~~state need-based financial aid	27482
reconciliation fund, which shall consist of refunds of	27483
instructional grant payments made pursuant to section 3333.12 of	27484
the Revised Code and refunds of state need-based financial aid	27485
payments made pursuant to section 3333.122 of the Revised Code.	27486
Revenues credited to the fund shall be used by the Ohio board of	27487
regents to pay to higher education institutions any outstanding	27488
obligations from the prior year owed for the Ohio instructional	27489
grant program and the Ohio college opportunity grant program that	27490
are identified through the annual reconciliation and financial	27491
audit. Any amount in the fund that is in excess of the amount	27492
certified to the director of budget and management by the board of	27493
regents as necessary to reconcile prior year payments under the	27494
program shall be transferred to the general revenue fund.	27495

Sec. 3333.122. (A) As used in this section:

27496

(1) "Eligible student" means a student who is:

27497

(a) An Ohio resident who first enrolls in an undergraduate	27498
program in the 2006-2007 academic year or thereafter;	27499

(b) Enrolled in either of the following:

27500

(i) An accredited institution of higher education in this	27501
state that meets the requirements of Title VI of the Civil Rights	27502
Act of 1964 and is state-assisted, is nonprofit and has a	27503
certificate of authorization from the Ohio board of regents	27504
pursuant to Chapter 1713. of the Revised Code, has a certificate	27505
of registration from the state board of career colleges and	27506
schools and program authorization to award an associate or	27507
bachelor's degree, or is a private institution exempt from	27508
regulation under Chapter 3332. of the Revised Code as prescribed	27509
in section 3333.046 of the Revised Code. Students who attend an	27510
institution that holds a certificate of registration shall be	27511
enrolled in a program leading to an associate or bachelor's degree	27512
for which associate or bachelor's degree program the institution	27513
has program authorization issued under section 3332.05 of the	27514
Revised Code.	27515

(ii) A technical education program of at least two years	27516
duration sponsored by a private institution of higher education in	27517
this state that meets the requirements of Title VI of the Civil	27518
Rights Act of 1964.	27519

(2) A student who participated in either the early college	27520
high school program administered by the department of education or	27521
in the post-secondary enrollment options program pursuant to	27522
Chapter 3365. of the Revised Code before the 2006-2007 academic	27523
year shall not be excluded from eligibility for a need based grant	27524
under this section.	27525

(3) "Resident," "expected family contribution" or "EFC,"	27526
"full-time student," "three-quarters-time student," "half-time	27527
student," "one-quarter-time student," and "accredited" shall be	27528
defined by rules adopted by the board.	27529

(B) The Ohio board of regents shall establish and administer	27530
a needs-based financial aid program based on the United States	27531
department of education's method of determining financial need and	27532
may adopt rules to carry out this section. The program shall be	27533
known as the Ohio college opportunity grant program. The general	27534
assembly shall support the needs-based financial aid program by	27535
such sums and in such manner as it may provide, but the board may	27536
also receive funds from other sources to support the program. If	27537
the amounts available for support of the program are inadequate to	27538
provide grants to all eligible students, preference in the payment	27539
of grants shall be given in terms of expected family contribution,	27540
beginning with the lowest expected family contribution category	27541
and proceeding upward by category to the highest expected family	27542
contribution category.	27543

A needs-based financial aid grant shall be paid to an	27544
eligible student through the institution in which the student is	27545
enrolled, except that no needs-based financial aid grant shall be	27546
paid to any person serving a term of imprisonment. Applications	27547
for such grants shall be made as prescribed by the board, and such	27548
applications may be made in conjunction with and upon the basis of	27549
information provided in conjunction with student assistance	27550
programs funded by agencies of the United States government or	27551
from financial resources of the institution of higher education.	27552
The institution shall certify that the student applicant meets the	27553
requirements set forth in divisions (A)(1)(a) and (b) of this	27554
section. Needs-based financial aid grants shall be provided to an	27555
eligible student only as long as the student is making appropriate	27556
progress toward a nursing diploma or an associate or bachelor's	27557
degree. No student shall be eligible to receive a grant for more	27558
than ten semesters, fifteen quarters, or the equivalent of five	27559
academic years. A grant made to an eligible student on the basis	27560
of less than full-time enrollment shall be based on the number of	27561
credit hours for which the student is enrolled and shall be	27562
computed in accordance with a formula adopted by the board. No	27563
student shall receive more than one grant on the basis of less	27564
than full-time enrollment.	27565

A needs-based financial aid grant shall not exceed the total	27566
instructional and general charges of the institution.	27567

(C) The tables in this division prescribe the maximum grant	27568
amounts covering two semesters, three quarters, or a comparable	27569
portion of one academic year. Grant amounts for additional terms	27570
in the same academic year shall be determined under division (D)	27571
of this section.	27572

As used in the tables in division (C) of this section:

27573

(1) "Private institution" means an institution that is	27574
nonprofit and has a certificate of authorization from the Ohio	27575
board of regents pursuant to Chapter 1713. of the Revised Code.	27576

(2) "Career college" means either an institution that holds a	27577
certificate of registration from the state board of career	27578
colleges and schools or a private institution exempt from	27579
regulation under Chapter 3332. of the Revised Code as prescribed	27580
in section 3333.046 of the Revised Code.	27581

Full-time students shall be eligible to receive awards	27582
according to the following table:	27583

Full-Time Enrollment

27584

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:	27585
$2,101	$2,190	$300	$600	$480	27586
2,001	2,100	402	798	642	27587
1,901	2,000	498	1,002	798	27588
1,801	1,900	600	1,200	960	27589
1,701	1,800	702	1,398	1,122	27590
1,601	1,700	798	1,602	1,278	27591
1,501	1,600	900	1,800	1,440	27592
1,401	1,500	1,002	1,998	1,602	27593
1,301	1,400	1,098	2,202	1,758	27594
1,201	1,300	1,200	2,400	1,920	27595
1,101	1,200	1,302	2,598	2,082	27596
1,001	1,100	1,398	2,802	2,238	27597
901	1,000	1,500	3,000	2,400	27598
801	900	1,602	3,198	2,562	27599
701	800	1,698	3,402	2,718	27600
601	700	1,800	3,600	2,280	27601
501	600	1,902	3,798	3,042	27602
401	500	1,998	4,002	3,198	27603
301	400	2,100	4,200	3,360	27604
201	300	2,202	4,398	3,522	27605
101	200	2,298	4,602	3,678	27606
1	100	2,400	4,800	3,840	27607
0	0	2,496	4,992	3,996	27608

Three-quarters-time students shall be eligible to receive	27609
awards according to the following table:	27610

Three-Quarters-Time Enrollment

27611

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:	27612
$2,101	$2,190	$228	$450	$360	27613
2,001	2,100	300	600	480	27614
1,901	2,000	372	750	600	27615
1,801	1,900	450	900	720	27616
1,701	1,800	528	1,050	840	27617
1,601	1,700	600	1,200	960	27618
1,501	1,600	678	1,350	1,080	27619
1,401	1,500	750	1,500	1,200	27620
1,301	1,400	822	1,650	1,320	27621
1,201	1,300	900	1,800	1,440	27622
1,101	1,200	978	1,950	1,560	27623
1,001	1,100	1,050	2,100	1,680	27624
901	1,000	1,128	2,250	1,800	27625
801	900	1,200	2,400	1,920	27626
701	800	1,272	2,550	2,040	27627
601	700	1,350	2,700	2,160	27628
501	600	1,428	2,850	2,280	27629
401	500	1,500	3,000	2,400	27630
301	400	1,578	3,150	2,520	27631
201	300	1,650	3,300	2,640	27632
101	200	1,722	3,450	2,760	27633
1	100	1,800	3,600	2,880	27634
0	0	1,872	3,744	3,000	27635

Half-time students shall be eligible to receive awards	27636
according to the following table:	27637

Half-Time Enrollment

27638

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:	27639
$2,101	$2,190	$150	$300	$240	27640
2,001	2,100	204	402	324	27641
1,901	2,000	252	504	402	27642
1,801	1,900	300	600	480	27643
1,701	1,800	354	702	564	27644
1,601	1,700	402	804	642	27645
1,501	1,600	450	900	720	27646
1,401	1,500	504	1,002	804	27647
1,301	1,400	552	1,104	882	27648
1,201	1,300	600	1,200	960	27649
1,101	1,200	654	1,302	1,044	27650
1,001	1,100	702	1,404	1,122	27651
901	1,000	750	1,500	1,200	27652
801	900	804	1,602	1,284	27653
701	800	852	1,704	1,362	27654
601	700	900	1,800	1,440	27655
501	600	954	1,902	1,524	27656
401	500	1,002	2,004	1,602	27657
301	400	1,050	2,100	1,680	27658
201	300	1,104	2,202	1,764	27659
101	200	1,152	2,304	1,842	27660
1	100	1,200	2,400	1,920	27661
0	0	1,248	2,496	1,998	27662

One-quarter-time students shall be eligible to receive awards	27663
according to the following table:	27664

One-Quarter-Time Enrollment

27665

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:	27666
$2,101	$2,190	$78	$150	$120	27667
2,001	2,100	102	198	162	27668
1,901	2,000	126	252	198	27669
1,801	1,900	150	300	240	27670
1,701	1,800	174	348	282	27671
1,601	1,700	198	402	318	27672
1,501	1,600	228	450	360	27673
1,401	1,500	252	498	402	27674
1,301	1,400	276	552	438	27675
1,201	1,300	300	600	480	27676
1,101	1,200	324	648	522	27677
1,001	1,100	348	702	558	27678
901	1,000	378	750	600	27679
801	900	402	798	642	27680
701	800	426	852	678	27681
601	700	450	900	720	27682
501	600	474	948	762	27683
401	500	498	1,002	798	27684
301	400	528	1,050	840	27685
201	300	552	1,098	882	27686
101	200	576	1,152	918	27687
1	100	600	1,200	960	27688
0	0	624	1,248	1,002	27689

(D) For a full-time student enrolled in an eligible	27690
institution for a semester or quarter in addition to the portion	27691
of the academic year covered by a grant determined under division	27692
(C) of this section, the maximum grant amount shall be a	27693
percentage of the maximum prescribed in the applicable table of	27694
that division. The maximum grant for a fourth quarter shall be	27695
one-third of the maximum amount prescribed under that division.	27696
The maximum grant for a third semester shall be one-half of the	27697
maximum amount prescribed under that division.	27698

(E) No grant shall be made to any student in a course of	27699
study in theology, religion, or other field of preparation for a	27700
religious profession unless such course of study leads to an	27701
accredited bachelor of arts, bachelor of science, associate of	27702
arts, or associate of science degree.	27703

(F)(1) Except as provided in division (F)(2) of this section,	27704
no grant shall be made to any student for enrollment during a	27705
fiscal year in an institution with a cohort default rate	27706
determined by the United States secretary of education pursuant to	27707
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	27708
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	27709
preceding the fiscal year, equal to or greater than thirty per	27710
cent for each of the preceding two fiscal years.	27711

(2) Division (F)(1) of this section does not apply to the	27712
following:	27713

(a) Any student enrolled in an institution that under the	27714
federal law appeals its loss of eligibility for federal financial	27715
aid and the United States secretary of education determines its	27716
cohort default rate after recalculation is lower than the rate	27717
specified in division (F)(1) of this section or the secretary	27718
determines due to mitigating circumstances the institution may	27719
continue to participate in federal financial aid programs. The	27720
board shall adopt rules requiring institutions to provide	27721
information regarding an appeal to the board.	27722

(b) Any student who has previously received a grant under	27723
this section who meets all other requirements of this section.	27724

(3) The board shall adopt rules for the notification of all	27725
institutions whose students will be ineligible to participate in	27726
the grant program pursuant to division (F)(1) of this section.	27727

(4) A student's attendance at an institution whose students	27728
lose eligibility for grants under division (F)(1) of this section	27729
shall not affect that student's eligibility to receive a grant	27730
when enrolled in another institution.	27731

(G) Institutions of higher education that enroll students	27732
receiving needs-based financial aid grants under this section	27733
shall report to the board all students who have received	27734
needs-based financial aid grants but are no longer eligible for	27735
all or part of such grants and shall refund any moneys due the	27736
state within thirty days after the beginning of the quarter or	27737
term immediately following the quarter or term in which the	27738
student was no longer eligible to receive all or part of the	27739
student's grant. There shall be an interest charge of one per cent	27740
per month on all moneys due and payable after such thirty-day	27741
period. The board shall immediately notify the office of budget	27742
and management and the legislative service commission of all	27743
refunds so received.	27744

Sec. 3333.162. (A) As used in this section, "state	27745
institution of higher education" means an institution of higher	27746
education as defined in section 3345.12 of the Revised Code.	27747

(B) By April 15, 2007, the Ohio board of regents, in	27748
consultation with the department of education, public adult and	27749
secondary career-technical education institutions, and state	27750
institutions of higher education, shall establish criteria,	27751
policies, and procedures that enable students to transfer agreed	27752
upon technical courses completed through an adult career-technical	27753
education institution, a public secondary career-technical	27754
institution, or a state institution of higher education to a state	27755
institution of higher education without unnecessary duplication or	27756
institutional barriers. The courses to which the criteria,	27757
policies, and procedures apply shall be those that adhere to	27758
recognized industry standards and equivalent coursework common to	27759
the secondary career pathway and adult career-technical education	27760
system and regionally accredited state institutions of higher	27761
education. Where applicable, the policies and procedures shall	27762
build upon the articulation agreement and transfer initiative	27763
course equivalency system required by section 3333.16 of the	27764
Revised Code.	27765

(C) By April 15, 2006, the board shall report to the general	27766
assembly on its progress in establishing these policies and	27767
procedures.	27768

Sec. 3333.27. As used in this section:

27769

(A) "Eligible institution" means a nonprofit Ohio institution	27770
of higher education that holds a certificate of authorization	27771
issued under section 1713.02 of the Revised Code and meets the	27772
requirements of Title VI of the Civil Rights Act of 1964.	27773

(B) "Resident" and "full-time student" have the meanings	27774
established for purposes of this section by rule of the Ohio board	27775
of regents.	27776

The board shall establish and administer a student choice	27777
grant program and shall adopt rules for the administration of the	27778
program.	27779

The board may make a grant to any resident of this state who	27780
is enrolled as a full-time student in a bachelor's degree program	27781
at an eligible institution and maintains an academic record that	27782
meets or exceeds the standard established pursuant to this section	27783
by rule of the board, except that no grant shall be made to any	27784
individual who was enrolled as a student in an institution of	27785
higher education on or before July 1, 1984, or is serving a term	27786
of imprisonment. The grant shall not exceed the lesser of the	27787
total instructional and general charges of the institution in	27788
which the student is enrolled, or an amount equal to one-fourth of	27789
the total of any state instructional subsidy amount distributed by	27790
the board in the second fiscal year of the preceding biennium for	27791
all full-time students enrolled in bachelor's degree programs at	27792
four-year state-assisted institutions of higher education divided	27793
by the sum of the actual number of full-time students enrolled in	27794
bachelor's degree programs at four-year state-assisted	27795
institutions of higher education reported to the board for such	27796
year by the institutions to which the subsidy was distributed.	27797

The board shall prescribe the form and manner of application	27798
for grants including the manner of certification by eligible	27799
institutions that each applicant from such institution is enrolled	27800
in a bachelor's degree program as a full-time student and has an	27801
academic record that meets or exceeds the standard established by	27802
the board.	27803

A grant awarded to an eligible student shall be paid to the	27804
institution in which the student is enrolled, and the institution	27805
shall reduce the student's instructional and general charges by	27806
the amount of the grant. Each grant awarded shall be prorated and	27807
paid in equal installments at the time of enrollment for each term	27808
of the academic year for which the grant is awarded. No student	27809
shall be eligible to receive a grant for more than ten semesters,	27810
fifteen quarters, or the equivalent of five academic years.	27811

The receipt of an Ohio student choice grant shall not affect	27812
a student's eligibility for assistance, or the amount of such	27813
assistance, granted under section 3315.33, 3333.12, 3333.122,	27814
3333.22, 3333.26, 5910.03, 5910.032, or 5919.34 of the Revised	27815
Code. If a student receives assistance under one or more of such	27816
sections, the student choice grant made to the student shall not	27817
exceed the difference between the amount of assistance received	27818
under such sections and the total instructional and general	27819
charges of the institution in which the student is enrolled.	27820

The general assembly shall support the student choice grant	27821
program by such sums and in such manner as it may provide, but the	27822
board may also receive funds from other sources to support the	27823
program.	27824

No grant shall be made to any student enrolled in a course of	27825
study leading to a degree in theology, religion, or other field of	27826
preparation for a religious profession unless the course of study	27827
leads to an accredited bachelor of arts or bachelor of science	27828
degree.	27829

Institutions of higher education that enroll students	27830
receiving grants under this section shall report to the board the	27831
name of each student who has received such a grant but who is no	27832
longer eligible for all or part of such grant and shall refund all	27833
moneys due to the state within thirty days after the beginning of	27834
the term immediately following the term in which the student was	27835
no longer eligible to receive all or part of the grant. There	27836
shall be an interest charge of one per cent per month on all	27837
moneys due and payable after such thirty-day period. The board	27838
shall immediately notify the office of budget and management and	27839
~~the legislative budget office of~~ the legislative service	27840
commission of all refunds received.	27841

Sec. 3333.28. (A) The Ohio board of regents shall establish	27842
the nurse education assistance program, the purpose of which shall	27843
be to make loans to students enrolled in prelicensure nurse	27844
education programs at institutions approved by the board of	27845
nursing under section 4723.06 of the Revised Code and	27846
postlicensure nurse education programs approved by the board of	27847
regents under section 3333.04 of the Revised Code or offered by an	27848
institution holding a certificate of authorization issued by the	27849
board of regents under Chapter 1713. of the Revised Code. The	27850
board of nursing shall assist the board of regents in	27851
administering the program.	27852

(B) There is hereby created in the state treasury the nurse	27853
education assistance fund, which shall consist of all money	27854
transferred to it pursuant to section 4743.05 of the Revised Code.	27855
The fund shall be used by the board of regents for loans made	27856
under division (A) of this section and for expenses of	27857
administering the loan program.	27858

(C) ~~The~~Between July 1, 2005, and January 1, 2012, the board	27859
of regents shall distribute money in the nurse education	27860
assistance fund in the following manner:	27861

(1)(a) Fifty per cent of available funds shall be awarded as	27862
loans to registered nurses enrolled in postlicensure nurse	27863
education programs described in division (A) of this section. To	27864
be eligible for a loan, the applicant shall provide the board with	27865
a letter of intent to practice as a faculty member at a	27866
prelicensure or postlicensure program for nursing in this state	27867
upon completion of the applicant's academic program.	27868

(b) If the borrower of a loan under division (C)(1)(a) of	27869
this section secures employment as a faculty member of an approved	27870
nursing education program in this state within six months	27871
following graduation from an approved nurse education program, the	27872
board may forgive the principal and interest of the student's	27873
loans received under division (C)(1)(a) of this section at a rate	27874
of twenty-five per cent per year, for a maximum of four years, for	27875
each year in which the borrower is so employed. A deferment of the	27876
service obligation, and other conditions regarding the forgiveness	27877
of loans may be granted as provided by the rules adopted under	27878
division (D)(7) of this section.	27879

(c) Loans awarded under division (C)(1)(a) of this section	27880
shall be awarded on the basis of the student's expected family	27881
contribution, with preference given to those applicants with the	27882
lowest expected family contribution. However, the board of regents	27883
may consider other factors it determines relevant in ranking the	27884
applications.	27885

(d) Each loan awarded to a student under division (C)(1)(a)	27886
of this section shall be not less than five thousand dollars per	27887
year.	27888

(2) Twenty-five per cent of available funds shall be awarded	27889
to students enrolled in prelicensure nurse education programs for	27890
registered nurses, as defined in section 4723.01 of the Revised	27891
Code.	27892

(3) Twenty-five per cent of available funds shall be awarded	27893
to students enrolled in prelicensure professional nurse education	27894
programs for licensed practical nurses, as defined in section	27895
4723.01 of the Revised Code.	27896

After January 1, 2012, the board of regents shall determine	27897
the manner in which to distribute loans under this section.	27898

(D) Subject to the requirements specified in division (C) of	27899
this section, the board of regents shall adopt rules in accordance	27900
with Chapter 119. of the Revised Code establishing:	27901

(1) Eligibility criteria for receipt of a loan;

27902

(2) Loan application procedures;

27903

(3) The amounts in which loans may be made and the total	27904
amount that may be loaned to an individual;	27905

(4) The total amount of loans that can be made each year;

27906

(5) The percentage of the money in the fund that must remain	27907
in the fund at all times as a fund balance;	27908

(6) Interest and principal repayment schedules;

27909

(7) Conditions under which a portion of principal and	27910
interest obligations incurred by an individual under the program	27911
will be forgiven;	27912

(8) Ways that the program may be used to encourage	27913
individuals who are members of minority groups to enter the	27914
nursing profession;	27915

(9) Any other matters incidental to the operation of the	27916
program.	27917

~~(D)~~(E) The obligation to repay a portion of the principal and	27918
interest on a loan made under this section shall be forgiven if	27919
the recipient of the loan meets the criteria for forgiveness	27920
established by division (C)(1)(b) of this section, in the case of	27921
loans awarded under division (C)(1)(a) of this section, or by the	27922
board of regents by rule adopted under division ~~(C)~~(D)(7) of this	27923
section, in the case of other loans awarded under this section.	27924

~~(E)~~(F) The receipt of a loan under this section shall not	27925
affect a student's eligibility for assistance, or the amount of	27926
that assistance, granted under section 3333.12, 3333.122, 3333.22,	27927
3333.26, 3333.27, 5910.03, 5910.032, or 5919.34 of the Revised	27928
Code, but the rules of the board of regents may provide for taking	27929
assistance received under those sections into consideration when	27930
determining a student's eligibility for a loan under this section.	27931

Sec. 3333.38. (A) As used in this section:

27932

(1) "Institution of higher education" includes all of the	27933
following:	27934

(a) A state institution of higher education, as defined in	27935
section 3345.011 of the Revised Code;	27936

(b) A nonprofit institution issued a certificate of	27937
authorization by the Ohio board of regents under Chapter 1713. of	27938
the Revised Code;	27939

(c) A private institution exempt from regulation under	27940
Chapter 3332. of the Revised Code, as prescribed in section	27941
3333.046 of the Revised Code;	27942

(d) An institution of higher education with a certificate of	27943
registration from the state board of career colleges and schools	27944
under Chapter 3332. of the Revised Code.	27945

(2) "Student financial assistance supported by state funds"	27946
includes assistance granted under sections 3315.33, 3333.12,	27947
3333.122, 3333.21, 3333.26, 3333.27, 3333.28, 3333.29, 3333.372,	27948
5910.03, 5910.032, and 5919.34 of the Revised Code and any other	27949
post-secondary student financial assistance supported by state	27950
funds.	27951

(B) An individual who is convicted of, pleads guilty to, or	27952
is adjudicated a delinquent child for one of the following	27953
violations shall be ineligible to receive any student financial	27954
assistance supported by state funds at an institution of higher	27955
education for two calendar years from the time the individual	27956
applies for assistance of that nature:	27957

(1) A violation of section 2917.02 or 2917.03 of the Revised	27958
Code;	27959

(2) A violation of section 2917.04 of the Revised Code that	27960
is a misdemeanor of the fourth degree;	27961

(3) A violation of section 2917.13 of the Revised Code that	27962
is a misdemeanor of the fourth or first degree and occurs within	27963
the proximate area where four or more others are acting in a	27964
course of conduct in violation of section 2917.11 of the Revised	27965
Code.	27966

(C) If an individual is convicted of, pleads guilty to, or is	27967
adjudicated a delinquent child for committing a violation of	27968
section 2917.02 or 2917.03 of the Revised Code, and if the	27969
individual is enrolled in a state-supported institution of higher	27970
education, the institution in which the individual is enrolled	27971
shall immediately dismiss the individual. No state-supported	27972
institution of higher education shall admit an individual of that	27973
nature for one academic year after the individual applies for	27974
admission to a state-supported institution of higher education.	27975
This division does not limit or affect the ability of a	27976
state-supported institution of higher education to suspend or	27977
otherwise discipline its students.	27978

Sec. 3334.01. As used in this chapter:

27979

(A) "Aggregate original principal amount" means the aggregate	27980
of the initial offering prices to the public of college savings	27981
bonds, exclusive of accrued interest, if any. "Aggregate original	27982
principal amount" does not mean the aggregate accreted amount	27983
payable at maturity or redemption of such bonds.	27984

(B) "Beneficiary" means:

27985

(1) An individual designated by the purchaser under a tuition	27986
payment contract or through a scholarship program as the	27987
individual on whose behalf tuition ~~credits~~units purchased under	27988
the contract or awarded through the scholarship program will be	27989
applied toward the payment of undergraduate, graduate, or	27990
professional tuition; or	27991

(2) An individual designated by the contributor under a	27992
variable college savings program contract as the individual whose	27993
tuition and other higher education expenses will be paid from a	27994
variable college savings program account.	27995

(C) "Capital appreciation bond" means a bond for which the	27996
following is true:	27997

(1) The principal amount is less than the amount payable at	27998
maturity or early redemption; and	27999

(2) No interest is payable on a current basis.

28000

(D) "Tuition ~~credit~~unit" means a credit of the Ohio tuition	28001
trust authority purchased under section 3334.09 of the Revised	28002
Code. "Tuition unit" includes a tuition credit purchased prior to	28003
July 1, 1994.	28004

(E) "College savings bonds" means revenue and other	28005
obligations issued on behalf of the state or any agency or issuing	28006
authority thereof as a zero-coupon or capital appreciation bond,	28007
and designated as college savings bonds as provided in this	28008
chapter. "College savings bond issue" means any issue of bonds of	28009
which any part has been designated as college savings bonds.	28010

(F) "Institution of higher education" means a state	28011
institution of higher education, a private college, university, or	28012
other postsecondary institution located in this state that	28013
possesses a certificate of authorization issued by the Ohio board	28014
of regents pursuant to Chapter 1713. of the Revised Code or a	28015
certificate of registration issued by the state board of career	28016
colleges and schools under Chapter 3332. of the Revised Code, or	28017
an accredited college, university, or other postsecondary	28018
institution located outside this state that is accredited by an	28019
accrediting organization or professional association recognized by	28020
the authority. To be considered an institution of higher	28021
education, an institution shall meet the definition of an eligible	28022
educational institution under section 529 of the Internal Revenue	28023
Code.	28024

(G) "Issuing authority" means any authority, commission,	28025
body, agency, or individual empowered by the Ohio Constitution or	28026
the Revised Code to issue bonds or any other debt obligation of	28027
the state or any agency or department thereof. "Issuer" means the	28028
issuing authority or, if so designated under division (B) of	28029
section 3334.04 of the Revised Code, the treasurer of state.	28030

(H) "Tuition" means the charges imposed to attend an	28031
institution of higher education as an undergraduate, graduate, or	28032
professional student and all fees required as a condition of	28033
enrollment, as determined by the Ohio tuition trust authority.	28034
"Tuition" does not include laboratory fees, room and board, or	28035
other similar fees and charges.	28036

(I) "Weighted average tuition" means the tuition cost	28037
resulting from the following calculation:	28038

(1) Add the products of the annual undergraduate tuition	28039
charged to Ohio residents at each four-year state university	28040
multiplied by that institution's total number of undergraduate	28041
fiscal year equated students; and	28042

(2) Divide the gross total of the products from division	28043
(I)(1) of this section by the total number of undergraduate fiscal	28044
year equated students attending four-year state universities.	28045

When making this calculation, the "annual undergraduate	28046
tuition charged to Ohio residents" shall not incorporate any	28047
tuition reductions that vary in amount among individual recipients	28048
and that are awarded to Ohio residents based upon their particular	28049
circumstances, beyond any minimum amount awarded uniformly to all	28050
Ohio residents. In addition, any tuition reductions awarded	28051
uniformly to all Ohio residents shall be incorporated into this	28052
calculation.	28053

(J) "Zero-coupon bond" means a bond which has a stated	28054
interest rate of zero per cent and on which no interest is payable	28055
until the maturity or early redemption of the bond, and is offered	28056
at a substantial discount from its original stated principal	28057
amount.	28058

(K) "State institution of higher education" includes the	28059
state universities listed in section 3345.011 of the Revised Code,	28060
community colleges created pursuant to Chapter 3354. of the	28061
Revised Code, university branches created pursuant to Chapter	28062
3355. of the Revised Code, technical colleges created pursuant to	28063
Chapter 3357. of the Revised Code, state community colleges	28064
created pursuant to Chapter 3358. of the Revised Code, the medical	28065
university of Ohio at Toledo, and the northeastern Ohio	28066
universities college of medicine.	28067

(L) "Four-year state university" means those state	28068
universities listed in section 3345.011 of the Revised Code.	28069

(M) "Principal amount" refers to the initial offering price	28070
to the public of an obligation, exclusive of the accrued interest,	28071
if any. "Principal amount" does not refer to the aggregate	28072
accreted amount payable at maturity or redemption of an	28073
obligation.	28074

(N) "Scholarship program" means a program registered with the	28075
Ohio tuition trust authority pursuant to section 3334.17 of the	28076
Revised Code.	28077

(O) "Internal Revenue Code" means the "Internal Revenue Code	28078
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1 et seq., as amended.	28079

(P) "Other higher education expenses" means room and board	28080
and books, supplies, equipment, and nontuition-related fees	28081
associated with the cost of attendance of a beneficiary at an	28082
institution of higher education, but only to the extent that such	28083
expenses meet the definition of "qualified higher education	28084
expenses" under section 529 of the Internal Revenue Code. "Other	28085
higher education expenses" does not include tuition as defined in	28086
division (H) of this section.	28087

(Q) "Purchaser" means the person signing the tuition payment	28088
contract, who controls the account and acquires tuition ~~credits~~	28089
units for an account under the terms and conditions of the	28090
contract.	28091

(R) "Contributor" means a person who signs a variable college	28092
savings program contract with the Ohio tuition trust authority and	28093
contributes to and owns the account created under the contract.	28094

(S) "Contribution" means any payment directly allocated to an	28095
account for the benefit of the designated beneficiary of the	28096
account.	28097

Sec. 3334.02. (A) In order to help make higher education	28098
affordable and accessible to all citizens of Ohio, to maintain	28099
state institutions of higher education by helping to provide a	28100
stable financial base to these institutions, to provide the	28101
citizens of Ohio with financing assistance for higher education	28102
and protection against rising tuition costs, to encourage saving	28103
to enhance the ability of citizens of Ohio to obtain financial	28104
access to institutions of higher education, to encourage	28105
elementary and secondary students in this state to achieve	28106
academic excellence, and to promote a well-educated and	28107
financially secure population to the ultimate benefit of all	28108
citizens of the state of Ohio, there is hereby created the Ohio	28109
college savings program. The program shall consist of the issuance	28110
of college savings bonds and the sale of tuition ~~credits and, if~~	28111
~~offered, supplemental credits~~units.	28112

(B) The provisions of Chapter 1707. of the Revised Code shall	28113
not apply to tuition ~~credits~~units or any agreement or transaction	28114
related thereto.	28115

(C) To provide the citizens of Ohio with a choice of	28116
tax-advantaged college savings programs and the opportunity to	28117
participate in more than one type of college savings program at a	28118
time, the Ohio tuition trust authority shall establish and	28119
administer a variable college savings program as a qualified state	28120
tuition program under section 529 of the Internal Revenue Code.	28121
The program shall allow contributors to make cash contributions to	28122
variable college savings program accounts created for the purpose	28123
of paying future tuition and other higher education expenses and	28124
providing variable rates of return on contributions.	28125

(D) A person may participate simultaneously in both the Ohio	28126
college savings program and the variable college savings program.	28127

Sec. 3334.03. (A) There is hereby created the Ohio tuition	28128
trust authority, which shall have the powers enumerated in this	28129
chapter and which shall operate as a qualified state tuition	28130
program within the meaning of section 529 of the Internal Revenue	28131
Code. The exercise by the authority of its powers shall be and is	28132
hereby declared an essential state governmental function. The	28133
authority is subject to all provisions of law generally applicable	28134
to state agencies which do not conflict with the provisions of	28135
this chapter.	28136

(B) The Ohio tuition trust authority shall consist of eleven	28137
members, no more than six of whom shall be of the same political	28138
party. Six members shall be appointed by the governor with the	28139
advice and consent of the senate as follows: one shall represent	28140
state institutions of higher education, one shall represent	28141
private nonprofit colleges and universities located in Ohio, one	28142
shall have experience in the field of marketing or public	28143
relations, one shall have experience in the field of information	28144
systems design or management, and two shall have experience in the	28145
field of banking, investment banking, insurance, or law. Four	28146
members shall be appointed by the speaker of the house of	28147
representatives and the president of the senate as follows: the	28148
speaker of the house of representatives shall appoint one member	28149
of the house from each political party and the president of the	28150
senate shall appoint one member of the senate from each political	28151
party. The chancellor of the board of regents shall be an ex	28152
officio voting member; provided, however, that the chancellor may	28153
designate a vice-chancellor of the board of regents to serve as	28154
the chancellor's representative. The political party of the	28155
chancellor shall be deemed the political party of the designee for	28156
purposes of determining that no more than six members are of the	28157
same political party.	28158

Initial gubernatorial appointees to the authority shall serve	28159
staggered terms, with two terms expiring on January 31, 1991, one	28160
term expiring on January 31, 1992, and one term expiring on	28161
January 31, 1993. The governor shall appoint two additional	28162
members to the authority no later than thirty days after ~~the~~	28163
~~effective date of this amendment~~March 30, 1999, and their initial	28164
terms shall expire January 31, 2002. Thereafter, terms of office	28165
for gubernatorial appointees shall be for four years. The initial	28166
terms of the four legislative members shall expire on January 31,	28167
1991. Thereafter legislative members shall serve two-year terms,	28168
provided that legislative members may continue to serve on the	28169
authority only if they remain members of the general assembly. Any	28170
vacancy on the authority shall be filled in the same manner as the	28171
original appointment, except that any person appointed to fill a	28172
vacancy shall be appointed to the remainder of the unexpired term.	28173
Any member is eligible for reappointment.	28174

(C) Any member may be removed by the appointing authority for	28175
misfeasance, malfeasance, or willful neglect of duty or for other	28176
cause after notice and a public hearing, unless the notice and	28177
hearing are waived in writing by the member. Members shall serve	28178
without compensation but shall receive their reasonable and	28179
necessary expenses incurred in the conduct of authority business.	28180

(D) The speaker of the house of representatives and the	28181
president of the senate shall each designate a member of the	28182
authority to serve as co-chairpersons. The six gubernatorial	28183
appointees and the chancellor of the board of regents or the	28184
chancellor's designee shall serve as the executive committee of	28185
the authority, and shall elect an executive chairperson from among	28186
the executive committee members. The authority and the executive	28187
committee may elect such other officers as determined by the	28188
authority or the executive committee respectively. The authority	28189
shall meet at least annually at the call of either co-chairperson	28190
and at such other times as either co-chairperson or the authority	28191
determines necessary. In the absence of both co-chairpersons, the	28192
executive chairperson shall serve as the presiding officer of the	28193
authority. The executive committee shall meet at the call of the	28194
executive chairperson or as the executive committee determines	28195
necessary. The authority may delegate to the executive committee	28196
such duties and responsibilities as the authority determines	28197
appropriate, except that the authority may not delegate to the	28198
executive committee the final determination of the annual price of	28199
a tuition ~~credit~~unit, the final designation of bonds as college	28200
savings bonds, or the employment of an executive director of the	28201
authority. Upon such delegation, the executive committee shall	28202
have the authority to act pursuant to such delegation without	28203
further approval or action by the authority. A majority of the	28204
authority shall constitute a quorum of the authority, and the	28205
affirmative vote of a majority of the members present shall be	28206
necessary for any action taken by the authority. A majority of the	28207
executive committee shall constitute a quorum of the executive	28208
committee, and the affirmative vote of a majority of the members	28209
present shall be necessary for any action taken by the executive	28210
committee. No vacancy in the membership of the authority or the	28211
executive committee shall impair the rights of a quorum to	28212
exercise all rights and perform all duties of the authority or the	28213
executive committee respectively.	28214

Sec. 3334.07. (A) The Ohio tuition trust authority shall	28215
develop a plan for the sale of tuition ~~credits~~units. The Ohio	28216
board of regents shall cooperate with the authority and provide	28217
technical assistance upon request.	28218

(B) Annually, the authority shall determine the weighted	28219
average tuition of four-year state universities in the academic	28220
year that begins on or after the first day of August of the	28221
current calendar year, and shall establish the price of a tuition	28222
~~credit~~unit in the ensuing sales period. Such price shall be based	28223
on sound actuarial principles, and shall, to the extent	28224
actuarially possible, reasonably approximate one per cent of the	28225
weighted average tuition for that academic year plus the costs of	28226
administering the ~~tuition credit~~ program that are in excess of	28227
general revenue fund appropriations for administrative costs. The	28228
sales period to which such price applies shall consist of twelve	28229
months, and the authority by rule shall establish the date on	28230
which the sales period begins. If circumstances arise during a	28231
sales period that the authority determines causes the price of	28232
tuition ~~credits~~units to be insufficient to ensure the actuarial	28233
soundness of the Ohio tuition trust fund, the authority may adjust	28234
the price of tuition ~~credits~~units purchased during the remainder	28235
of the sales period. To promote the purchase of tuition ~~credits~~	28236
units and in accordance with actuarially sound principles, the	28237
authority may adjust the sales price as part of incentive	28238
programs, such as discounting for ~~lump-sum~~lump sum purchases and	28239
multi-year installment plans at a fixed rate of purchase.	28240

Sec. 3334.08. (A) Subject to division (B) of this section,	28241
in addition to any other powers conferred by this chapter, the	28242
Ohio tuition trust authority may do any of the following:	28243

(1) Impose reasonable residency requirements for	28244
beneficiaries of tuition ~~credits~~units;	28245

(2) Impose reasonable limits on the number of tuition ~~credit~~	28246
unit participants;	28247

(3) Impose and collect administrative fees and charges in	28248
connection with any transaction under this chapter;	28249

(4) Purchase insurance from insurers licensed to do business	28250
in this state providing for coverage against any loss in	28251
connection with the authority's property, assets, or activities or	28252
to further ensure the value of tuition ~~credits~~units;	28253

(5) Indemnify or purchase policies of insurance on behalf of	28254
members, officers, and employees of the authority from insurers	28255
licensed to do business in this state providing for coverage for	28256
any liability incurred in connection with any civil action,	28257
demand, or claim against a director, officer, or employee by	28258
reason of an act or omission by the director, officer, or employee	28259
that was not manifestly outside the scope of the employment or	28260
official duties of the director, officer, or employee or with	28261
malicious purpose, in bad faith, or in a wanton or reckless	28262
manner;	28263

(6) Make, execute, and deliver contracts, conveyances, and	28264
other instruments necessary to the exercise and discharge of the	28265
powers and duties of the authority;	28266

(7) Promote, advertise, and publicize the Ohio college	28267
savings program and the variable college savings program;	28268

(8) Adopt rules under section 111.15 of the Revised Code for	28269
the implementation of the Ohio college savings program;	28270

(9) Contract, for the provision of all or part of the	28271
services necessary for the management and operation of the Ohio	28272
college savings program and the variable college savings program,	28273
with a bank, trust company, savings and loan association,	28274
insurance company, or licensed dealer in securities if the bank,	28275
company, association, or dealer is authorized to do business in	28276
this state and information about the contract is filed with the	28277
controlling board pursuant to division (D)(6) of section 127.16 of	28278
the Revised Code;	28279

(10) Contract for other services, or for goods, needed by the	28280
authority in the conduct of its business, including but not	28281
limited to credit card services;	28282

(11) Employ an executive director and other personnel as	28283
necessary to carry out its responsibilities under this chapter,	28284
and fix the compensation of these persons. All employees of the	28285
authority shall be in the unclassified civil service and shall be	28286
eligible for membership in the public employees retirement system.	28287

(12) Contract with financial consultants, actuaries,	28288
auditors, and other consultants as necessary to carry out its	28289
responsibilities under this chapter;	28290

(13) Enter into agreements with any agency of the state or	28291
its political subdivisions or with private employers under which	28292
an employee may agree to have a designated amount deducted in each	28293
payroll period from the wages or salary due the employee for the	28294
purpose of purchasing tuition ~~credits~~units pursuant to a tuition	28295
payment contract or making contributions pursuant to a variable	28296
college savings program contract;	28297

(14) Enter into an agreement with the treasurer of state	28298
under which the treasurer of state will receive, and credit to the	28299
Ohio tuition trust fund or variable college savings program fund,	28300
from any bank or savings and loan association authorized to do	28301
business in this state, amounts that a depositor of the bank or	28302
association authorizes the bank or association to withdraw	28303
periodically from the depositor's account for the purpose of	28304
purchasing tuition ~~credits~~units pursuant to a tuition payment	28305
contract or making contributions pursuant to a variable college	28306
savings program contract;	28307

(15) Solicit and accept gifts, grants, and loans from any	28308
person or governmental agency and participate in any governmental	28309
program;	28310

(16) Impose limits on the number of ~~credits~~units which may	28311
be purchased on behalf of or assigned or awarded to any	28312
beneficiary and on the total amount of contributions that may be	28313
made on behalf of a beneficiary;	28314

(17) Impose restrictions on the substitution of another	28315
individual for the original beneficiary under the Ohio college	28316
savings program;	28317

(18) Impose a limit on the age of a beneficiary, above which	28318
tuition ~~credits~~units may not be purchased on behalf of that	28319
beneficiary;	28320

(19) Enter into a cooperative agreement with the treasurer of	28321
state to provide for the direct disbursement of payments under	28322
tuition payment or variable college savings program contracts;	28323

(20) Determine the other higher education expenses for which	28324
tuition ~~credits~~units or contributions may be used;	28325

(21) Terminate any tuition payment or variable college	28326
savings program contract if no purchases or contributions are made	28327
for a period of three years or more and there are fewer than a	28328
total of five tuition units ~~or tuition credits~~ or less than a	28329
dollar amount set by rule on account, provided that notice of a	28330
possible termination shall be provided in advance, explaining any	28331
options to prevent termination, and a reasonable amount of time	28332
shall be provided within which to act to prevent a termination;	28333

(22) Maintain a separate account for each tuition payment or	28334
variable college savings program contract;	28335

(23) Perform all acts necessary and proper to carry out the	28336
duties and responsibilities of the authority pursuant to this	28337
chapter.	28338

(B) The authority shall adopt rules under section 111.15 of	28339
the Revised Code for the implementation and administration of the	28340
variable college savings program. The rules shall provide	28341
taxpayers with the maximum tax advantages and flexibility	28342
consistent with section 529 of the Internal Revenue Code and	28343
regulations adopted thereunder with regard to disposition of	28344
contributions and earnings, designation of beneficiaries, and	28345
rollover of account assets to other programs.	28346

(C) Except as otherwise specified in this chapter, the	28347
provisions of Chapters 123., 125., and 4117. of the Revised Code	28348
shall not apply to the authority. The department of administrative	28349
services shall, upon the request of the authority, act as the	28350
authority's agent for the purchase of equipment, supplies,	28351
insurance, or services, or the performance of administrative	28352
services pursuant to Chapter 125. of the Revised Code.	28353

Sec. 3334.09. (A) Except in the case of a scholarship	28354
program established in accordance with section 3334.17 of the	28355
Revised Code, the Ohio tuition trust authority may enter into a	28356
tuition payment contract with any person for the purchase of	28357
tuition ~~credits~~units if either the purchaser or the beneficiary	28358
is a resident of this state at the time the contract is entered	28359
into. A tuition payment contract shall allow any person to	28360
purchase tuition ~~credits~~units at the price determined by the	28361
authority pursuant to section 3334.07 or 3334.12 of the Revised	28362
Code for the year in which the tuition ~~credit~~unit is purchased.	28363
The purchaser shall name in the payment contract one specific	28364
individual as the beneficiary for the tuition ~~credits~~units.	28365

In accordance with rules of the authority, ~~credits~~units may	28366
be transferred to the credit of another beneficiary and a new	28367
beneficiary may be substituted for the beneficiary originally	28368
named in the contract.	28369

(B) Each tuition ~~credit~~unit shall entitle the beneficiary to	28370
an amount equal to one per cent of the weighted average tuition.	28371

(C) Nothing in this chapter or in any tuition payment	28372
contract entered into pursuant to this chapter shall be construed	28373
as a guarantee by the state, the authority, or any institution of	28374
higher education that a beneficiary will be admitted to an	28375
institution of higher education, or, upon admission to an	28376
institution of higher education, will be permitted to continue to	28377
attend or will receive a degree from an institution of higher	28378
education. Nothing in this chapter or in any tuition payment	28379
contract entered into pursuant to this chapter shall be considered	28380
a guarantee that the beneficiary's cost of tuition at an	28381
institution of higher education other than a state institution of	28382
higher education will be covered in full by the proceeds of the	28383
beneficiary's tuition ~~credits~~units.	28384

(D) The following information shall be disclosed in writing	28385
to each purchaser of tuition ~~credits~~units and, where appropriate,	28386
to each entity establishing a scholarship program under section	28387
3334.17 of the Revised Code:	28388

(1) The terms and conditions for the purchase and use of	28389
tuition ~~credits~~units;	28390

(2) In the case of a contract described by division (A) of	28391
this section, any restrictions on the substitution of another	28392
individual for the original beneficiary and any restrictions on	28393
the transfer of ownership of ~~credits~~units in the payment account;	28394

(3) The person or entity entitled to terminate the contract;

28395

(4) The terms and conditions under which the contract may be	28396
terminated and the amount of the refund, if any, to which the	28397
person or entity terminating the contract, or that person's or	28398
entity's designee, is entitled upon termination;	28399

(5) The obligation of the authority to make payments to a	28400
beneficiary, or an institution of higher education on behalf of a	28401
beneficiary, under division (B) of this section based upon the	28402
number of tuition ~~credits~~units purchased on behalf of the	28403
beneficiary or awarded to the beneficiary pursuant to a	28404
scholarship program;	28405

(6) The method by which tuition ~~credits~~units shall be	28406
applied toward payment of tuition and other higher education	28407
expenses if in any academic term the beneficiary is a part-time	28408
student;	28409

(7) The period of time during which a beneficiary may receive	28410
benefits under the contract;	28411

(8) The terms and conditions under which money may be wholly	28412
or partially withdrawn from the program, including, but not	28413
limited to, any reasonable charges and fees that may be imposed	28414
for withdrawal;	28415

(9) All other rights and obligations of the purchaser and the	28416
authority, including the provisions of division (A) of section	28417
3334.12 of the Revised Code, and any other terms, conditions, and	28418
provisions the authority considers necessary and appropriate.	28419

(E) A tuition payment contract may provide that the authority	28420
will pay directly to the institution of higher education in which	28421
a beneficiary is enrolled during a term the amount represented by	28422
the tuition ~~credits~~units being used that term.	28423

(F) A tuition payment contract described by division (A) of	28424
this section may provide that if the contract has not been	28425
terminated or ~~credits~~units purchased under the contract have not	28426
been applied toward the payment of tuition or other higher	28427
education expenses within a specified period of time, the	28428
authority may, after making a reasonable effort to locate the	28429
purchaser of the tuition ~~credits~~units, the beneficiary, and any	28430
person designated in the contract to act on behalf of the	28431
purchaser of the ~~credits~~units or the beneficiary, terminate the	28432
contract and retain the amounts payable under the contract.	28433

(G) If, at any time after tuition ~~credits~~units are purchased	28434
on behalf of a beneficiary or awarded to a beneficiary or pursuant	28435
to a scholarship program, the beneficiary becomes a nonresident of	28436
this state, or, if the beneficiary was not a resident of this	28437
state at the time the tuition payment contract was entered into,	28438
the purchaser becomes a nonresident of this state, ~~credits~~units	28439
purchased or awarded while the beneficiary was a resident may be	28440
applied on behalf of the beneficiary toward the payment of tuition	28441
at an institution of higher education and other higher education	28442
expenses in the manner specified in division (B) of this section,	28443
except that if the beneficiary enrolls in a state institution of	28444
higher education, the beneficiary shall be responsible for payment	28445
of all nonresident fees charged to out-of-state residents by the	28446
institution in which the beneficiary is enrolled.	28447

Sec. 3334.10. Divisions (A),and (B)~~, (C), and (D)~~ of this	28448
section do not apply to scholarship programs established under	28449
section 3334.17 of the Revised Code.	28450

(A) Unless otherwise provided for in the ~~contract, a~~ tuition	28451
payment contract ~~may be terminated by the purchaser under any of~~	28452
~~the following circumstances upon the written request of the~~	28453
~~purchaser to the authority:~~	28454

~~(1) Upon the death or permanent disability of the~~	28455
~~beneficiary;~~	28456

~~(2) Upon notification to the Ohio tuition trust authority in~~	28457
~~writing that the beneficiary is age eighteen or older, has decided~~	28458
~~not to attend an institution of higher education, and requests~~	28459
~~that the contract be terminated;~~	28460

~~(3) Upon the beneficiary's completion of the degree~~	28461
~~requirements at an institution of higher education;~~	28462

~~(4) Upon the rollover of all amounts in a tuition credit~~	28463
~~account to an equivalent account in another state;~~	28464

~~(5) Upon the occurrence of other circumstances determined by~~	28465
~~the authority to be grounds for termination.~~	28466

~~(B) The authority shall determine the method and schedule for~~	28467
~~payment of refunds upon termination of a tuition payment contract.~~	28468
, the purchaser may rollover amounts to another qualified tuition	28469
program under section 529 of the Internal Revenue Code or	28470
terminate the contract for any reason by filing written notice	28471
with the Ohio tuition trust authority.	28472

(1) ~~In cases described by division (A)(2) or (3) of this~~	28473
~~section,~~If the contract is terminated and the beneficiary is	28474
under eighteen years of age, the authority shall use actuarially	28475
sound principles to determine the amount of the refund ~~shall be~~	28476
~~equal to not less than one per cent of the weighted average~~	28477
~~tuition in the academic year the refund is paid, multiplied by the~~	28478
~~number of tuition credits purchased and not used, minus any~~	28479
~~reasonable charges and fees provided for by the authority, or such~~	28480
~~other lesser sum as shall be determined by the authority but only~~	28481
~~to the extent that such a lesser sum is necessary to meet the~~	28482
~~refund penalty requirements for qualified state tuition programs~~	28483
~~under section 529 of the Internal Revenue Code~~.	28484

(2) ~~In cases described by division (A)(1) of this section~~If	28485
the contract is terminated because of the death or permanent	28486
disability of the beneficiary, the amount of the refund shall be	28487
equal to the greater of the following:	28488

(a) One per cent of the weighted average tuition in the	28489
academic year the refund is paid, multiplied by the number of	28490
tuition ~~credits~~units purchased and not used;	28491

(b) The total purchase price of all tuition ~~credits~~units	28492
purchased for the beneficiary and not used.	28493

(3) ~~In cases described by division (A)(5) of this section,~~	28494
~~the amount of the refund shall be either of the following as~~	28495
~~determined by the authority:~~	28496

~~(a) The refund provided by division (B)(1) of this section;~~

28497

~~(b) The refund provided by division (B)(2) of this section,~~	28498
~~or such other lesser sum as shall be determined by the authority~~	28499
~~but only to the extent that such a lesser sum is necessary to meet~~	28500
~~the refund penalty requirements for qualified state tuition~~	28501
~~programs under section 529 of the Internal Revenue Code~~If all or	28502
part of the amount accrued under the contract is liquidated for a	28503
rollover to another qualified tuition program under section 529 of	28504
the Internal Revenue Code, the rollover amount shall be determined	28505
in an actuarially sound manner.	28506

~~(C) Unless otherwise provided for in the contract, a~~(B) The	28507
contributor of a variable college savings program account may be	28508
~~terminated by~~rollover amounts to another qualified tuition	28509
program under section 529 of the Internal Revenue Code or	28510
terminate the ~~contributor~~account for any reason ~~upon the written~~	28511
~~request of the contributor to the authority. Termination of a~~	28512
~~variable college savings program account shall occur no earlier~~	28513
~~than a maturity period set by the authority after the first~~	28514
~~contribution is made to the account.~~	28515

~~(D) The authority shall determine the method and schedule for~~	28516
~~payment of refunds upon termination of a variable savings program~~	28517
~~account~~by filing written notice with the Ohio tuition trust	28518
authority.	28519

~~(1)~~ The contributor ~~under a variable savings program contract~~	28520
may receive ~~a refund of the~~an amount equal to the account balance	28521
~~in an account~~, less any applicable administrative fees~~, if the~~	28522
~~account is terminated upon the death or permanent disability of~~	28523
~~the beneficiary or, to the extent allowed under rules of the~~	28524
~~authority, upon the rollover of all amounts in a variable college~~	28525
~~savings program account to an equivalent account in another state~~.	28526

~~(2) If a variable college savings program account is~~	28527
~~terminated for any reason other than those set forth in division~~	28528
~~(D)(1) of this section, the contributor may receive a refund of~~	28529
~~the balance in the account, less any administrative fees, and less~~	28530
~~any additional amount necessary to meet the minimum refund penalty~~	28531
~~requirements for a qualified state tuition program under section~~	28532
~~529 of the Internal Revenue Code.~~	28533

~~(3) Earnings shall be calculated as the total value of the~~	28534
~~variable savings program account less the aggregate contributions,~~	28535
~~or in such other manner as prescribed by section 529 of the~~	28536
~~Internal Revenue Code.~~	28537

~~(E) In the case of a~~(C) A scholarship program,may request a	28538
refund of tuition ~~credits~~units in the program's account ~~may be~~	28539
~~made only for just cause with the approval of~~by filing a written	28540
request with the authority. The refund shall be paid to the entity	28541
that established the scholarship program or, with that entity's	28542
approval, to the authority if this is authorized by federal tax	28543
law. The amount of any refund shall be determined by the authority	28544
and shall meet the requirements for refunds made on account of	28545
scholarships under section 529 of the Internal Revenue Code.	28546

~~(F) If a beneficiary is awarded a scholarship other than~~	28547
~~under a scholarship program, a waiver of tuition, or similar~~	28548
~~subvention that the authority determines cannot be converted into~~	28549
~~money by the beneficiary, the authority shall, during each~~	28550
~~academic term that the beneficiary furnishes the authority such~~	28551
~~information about the scholarship, waiver, or similar subvention~~	28552
~~as the authority requires, refund to the person designated in the~~	28553
~~contract, or, in the case of a beneficiary under a scholarship~~	28554
~~program, to the beneficiary an amount equal to the value that the~~	28555
~~tuition credits or the amounts in the variable college savings~~	28556
~~program account that are not needed on account of the scholarship,~~	28557
~~waiver, or similar subvention would otherwise have to the~~	28558
~~beneficiary that term at the institution of higher education where~~	28559
~~the beneficiary is enrolled. The authority may, at its sole~~	28560
~~option, designate the institution of higher education at which the~~	28561
~~beneficiary is enrolled as the agent of the authority for purposes~~	28562
~~of refunds pursuant to this division.~~	28563

~~(G) If, in any academic term for which tuition credits or any~~	28564
~~amounts in a variable college savings program account have been~~	28565
~~used to pay all or part of a beneficiary's tuition, the~~	28566
~~beneficiary withdraws from the institution of higher education at~~	28567
~~which the beneficiary is enrolled prior to the end of the academic~~	28568
~~term, a pro rata share of any refund of tuition as a result of the~~	28569
~~withdrawal equal to that portion of the tuition paid with tuition~~	28570
~~credits or the amounts in a variable college savings program~~	28571
~~account shall be made to the authority, unless the authority~~	28572
~~designates a different procedure. The authority shall credit any~~	28573
~~refund received, less any reasonable charges and fees provided for~~	28574
~~by the authority, to the appropriate account established under~~	28575
~~division (F)(1) or (2) of section 3334.11 of the Revised Code or~~	28576
~~division (H) of this section.~~	28577

~~(H)~~(D) The authority shall maintain a separate account for	28578
each variable college savings contract entered into pursuant to	28579
division (A) of section 3334.18 of the Revised Code for	28580
contributions made on behalf of a beneficiary, showing the name of	28581
the beneficiary of that contract and the amount of contributions	28582
made pursuant to that contract. Upon request of any beneficiary or	28583
contributor, the authority shall provide a statement indicating,	28584
in the case of a beneficiary, the amount of contributions made	28585
pursuant to that contract on behalf of the beneficiary, or, in the	28586
case of a contributor, contributions made, disbursed, or refunded	28587
pursuant to that contract.	28588

Sec. 3334.11. (A) The assets of the Ohio tuition trust	28589
authority reserved for payment of the obligations of the authority	28590
pursuant to tuition payment contracts shall be placed in a fund,	28591
which is hereby created and shall be known as the Ohio tuition	28592
trust fund. The fund shall be in the custody of the treasurer of	28593
state, but shall not be part of the state treasury. That portion	28594
of payments received by the authority or the treasurer of state	28595
from persons purchasing tuition ~~credits~~units under tuition	28596
payment contracts that the authority determines is actuarially	28597
necessary for the payment of obligations of the authority pursuant	28598
to tuition payment contracts, all interest and investment income	28599
earned by the fund, and all other receipts of the authority from	28600
any other source that the authority determines appropriate, shall	28601
be deposited in the fund. No purchaser or beneficiary of tuition	28602
~~credits~~units shall have any claim against the funds of any state	28603
institution of higher education. All investment fees and other	28604
costs incurred in connection with the exercise of the investment	28605
powers of the authority pursuant to divisions (D) and (E) of this	28606
section shall be paid from the assets of the fund.	28607

(B) Unless otherwise provided by the authority, the assets of	28608
the Ohio tuition trust fund shall be expended in the following	28609
order:	28610

(1) To make payments to beneficiaries, or institutions of	28611
higher education on behalf of beneficiaries, under division (B) of	28612
section 3334.09 of the Revised Code;	28613

(2) To make refunds as provided in divisions ~~(B), (E),~~(A) and	28614
~~(F)~~(C) of section 3334.10 of the Revised Code;	28615

(3) To pay the investment fees and other costs of	28616
administering the fund.	28617

(C)(1) Except as may be provided in an agreement under	28618
division (A)(19) of section 3334.08 of the Revised Code, all	28619
disbursements from the Ohio tuition trust fund shall be made by	28620
the treasurer of state on order of a designee of the authority.	28621

(2) The treasurer of state shall deposit any portion of the	28622
Ohio tuition trust fund not needed for immediate use in the same	28623
manner as state funds are deposited.	28624

(D) The authority is the trustee of the Ohio tuition trust	28625
fund. The authority shall have full power to invest the assets of	28626
the fund and in exercising this power shall be subject to the	28627
limitations and requirements contained in divisions (K) to (M) of	28628
this section and sections 145.112 and 145.113 of the Revised Code.	28629
The evidences of title of all investments shall be delivered to	28630
the treasurer of state or to a qualified trustee designated by the	28631
treasurer of state as provided in section 135.18 of the Revised	28632
Code. Assets of the fund shall be administered by the authority in	28633
a manner designed to be actuarially sound so that the assets of	28634
the fund will be sufficient to satisfy the obligations of the	28635
authority pursuant to tuition payment contracts and defray the	28636
reasonable expenses of administering the fund.	28637

(E) The public employees retirement board shall, with the	28638
approval of the authority, exercise the investment powers of the	28639
authority as set forth in division (D) of this section until the	28640
authority determines that assumption and exercise by the authority	28641
of the investment powers is financially and administratively	28642
feasible. The investment powers shall be exercised by the public	28643
employees retirement board in a manner agreed upon by the	28644
authority that maximizes the return on investment and minimizes	28645
the administrative expenses.	28646

(F)(1) The authority shall maintain a separate account for	28647
each tuition payment contract entered into pursuant to division	28648
(A) of section 3334.09 of the Revised Code for the purchase of	28649
tuition ~~credits~~units on behalf of a beneficiary or beneficiaries	28650
showing the beneficiary or beneficiaries of that contract and the	28651
number of tuition ~~credits~~units purchased pursuant to that	28652
contract. Upon request of any beneficiary or person who has	28653
entered into a tuition payment contract, the authority shall	28654
provide a statement indicating, in the case of a beneficiary, the	28655
number of tuition ~~credits~~units purchased on behalf of the	28656
beneficiary, or in the case of a person who has entered into a	28657
tuition payment contract, the number of tuition ~~credits~~units	28658
purchased, used, or refunded pursuant to that contract. A	28659
beneficiary and person that have entered into a tuition payment	28660
contract each may file only one request under this division in any	28661
year.	28662

(2) The authority shall maintain an account for each	28663
scholarship program showing the number of tuition ~~credits~~units	28664
that have been purchased for or donated to the program and the	28665
number of tuition ~~credits~~units that have been used. Upon the	28666
request of the entity that established the scholarship program,	28667
the authority shall provide a statement indicating these numbers.	28668

(G) In addition to the Ohio tuition trust fund, there is	28669
hereby established a reserve fund that shall be in the custody of	28670
the treasurer of state but shall not be part of the state	28671
treasury, and shall be known as the Ohio tuition trust reserve	28672
fund, and an operating fund that shall be part of the state	28673
treasury, and shall be known as the Ohio tuition trust operating	28674
fund. That portion of payments received by the authority or the	28675
treasurer of state from persons purchasing tuition ~~credits~~units	28676
under tuition payment contracts that the authority determines is	28677
not actuarially necessary for the payment of obligations of the	28678
authority pursuant to tuition payment contracts, any interest and	28679
investment income earned by the reserve fund, any administrative	28680
charges and fees imposed by the authority on transactions under	28681
this chapter or on purchasers or beneficiaries of tuition ~~credits~~	28682
units, and all other receipts from any other source that the	28683
authority determines appropriate, shall be deposited in the	28684
reserve fund to pay the operating expenses of the authority and	28685
the costs of administering the program. The assets of the reserve	28686
fund may be invested in the same manner and subject to the same	28687
limitations set forth in divisions (D), (E), and (K) to (M) of	28688
this section and sections 145.112 and 145.113 of the Revised Code.	28689
All investment fees and other costs incurred in connection with	28690
the exercise of the investment powers shall be paid from the	28691
assets of the reserve fund. Except as otherwise provided for in	28692
this chapter, all operating expenses of the authority and costs of	28693
administering the program shall be paid from the operating fund.	28694
The treasurer shall, upon request of the authority, transfer funds	28695
from the reserve fund to the operating fund as the authority	28696
determines appropriate to pay those current operating expenses of	28697
the authority and costs of administering the program as the	28698
authority designates. Any interest or investment income earned on	28699
the assets of the operating fund shall be deposited in the	28700
operating fund.	28701

(H) In January of each year the authority shall report to	28702
each person who received any payments or refunds from the	28703
authority during the preceding year information relative to the	28704
value of the payments or refunds to assist in determining that	28705
person's tax liability.	28706

(I) The authority shall report to the tax commissioner any	28707
information, and at the times, as the tax commissioner requires to	28708
determine any tax liability that a person may have incurred during	28709
the preceding year as a result of having received any payments or	28710
refunds from the authority.	28711

(J) All records of the authority indicating the identity of	28712
purchasers and beneficiaries of tuition ~~credits~~units or college	28713
savings bonds, the number of tuition ~~credits~~units purchased,	28714
used, or refunded under a tuition payment contract, and the number	28715
of college savings bonds purchased, held, or redeemed are not	28716
public records within the meaning of section 149.43 of the Revised	28717
Code.	28718

(K) The authority and other fiduciaries shall discharge their	28719
duties with respect to the funds with care, skill, prudence, and	28720
diligence under the circumstances then prevailing that a prudent	28721
person acting in a like capacity and familiar with such matters	28722
would use in the conduct of an enterprise of a like character and	28723
with like aims; and by diversifying the investments of the assets	28724
of the funds so as to minimize the risk of large losses, unless	28725
under the circumstances it is clearly prudent not to do so.	28726

To facilitate investment of the funds, the authority may	28727
establish a partnership, trust, limited liability company,	28728
corporation, including a corporation exempt from taxation under	28729
the Internal Revenue Code, 100 Stat. 2085, 26 U.S.C. 1, as	28730
amended, or any other legal entity authorized to transact business	28731
in this state.	28732

(L) In exercising its fiduciary responsibility with respect	28733
to the investment of the assets of the funds, it shall be the	28734
intent of the authority to give consideration to investments that	28735
enhance the general welfare of the state and its citizens where	28736
the investments offer quality, return, and safety comparable to	28737
other investments currently available to the authority. In	28738
fulfilling this intent, equal consideration shall also be given to	28739
investments otherwise qualifying under this section that involve	28740
minority owned and controlled firms and firms owned and controlled	28741
by women, either alone or in joint venture with other firms.	28742

The authority shall adopt, in regular meeting, policies,	28743
objectives, or criteria for the operation of the investment	28744
program that include asset allocation targets and ranges, risk	28745
factors, asset class benchmarks, time horizons, total return	28746
objectives, and performance evaluation guidelines. In adopting	28747
policies and criteria for the selection of agents with whom the	28748
authority may contract for the administration of the assets of the	28749
funds, the authority shall give equal consideration to minority	28750
owned and controlled firms, firms owned and controlled by women,	28751
and ventures involving minority owned and controlled firms and	28752
firms owned and controlled by women that otherwise meet the	28753
policies and criteria established by the authority. Amendments and	28754
additions to the policies and criteria shall be adopted in regular	28755
meeting. The authority shall publish its policies, objectives, and	28756
criteria under this provision no less often than annually and	28757
shall make copies available to interested parties.	28758

When reporting on the performance of investments, the	28759
authority shall comply with the performance presentation standards	28760
established by the association for investment management and	28761
research.	28762

(M) All investments shall be purchased at current market	28763
prices and the evidences of title of the investments shall be	28764
placed in the hands of the treasurer of state, who is hereby	28765
designated as custodian thereof, or in the hands of the treasurer	28766
of state's authorized agent. The treasurer of state or the agent	28767
shall collect the principal, dividends, distributions, and	28768
interest thereon as they become due and payable and place them	28769
when so collected into the custodial funds.	28770

The treasurer of state shall pay for investments purchased by	28771
the authority on receipt of written or electronic instructions	28772
from the authority or the authority's designated agent authorizing	28773
the purchase and pending receipt of the evidence of title of the	28774
investment by the treasurer of state or the treasurer of state's	28775
authorized agent. The authority may sell investments held by the	28776
authority, and the treasurer of state or the treasurer of state's	28777
authorized agent shall accept payment from the purchaser and	28778
deliver evidence of title of the investment to the purchaser on	28779
receipt of written or electronic instructions from the authority	28780
or the authority's designated agent authorizing the sale, and	28781
pending receipt of the moneys for the investments. The amount	28782
received shall be placed in the custodial funds. The authority and	28783
the treasurer of state may enter into agreements to establish	28784
procedures for the purchase and sale of investments under this	28785
division and the custody of the investments.	28786

No purchase or sale of any investment shall be made under	28787
this section except as authorized by the authority.	28788

Any statement of financial position distributed by the	28789
authority shall include fair value, as of the statement date, of	28790
all investments held by the authority under this section.	28791

Sec. 3334.12. Notwithstanding anything to the contrary in	28792
sections 3334.07 and 3334.09 of the Revised Code:	28793

(A) Annually, the Ohio tuition trust authority shall have the	28794
actuarial soundness of the Ohio tuition trust fund evaluated by a	28795
nationally recognized actuary and shall determine whether	28796
additional assets are necessary to defray the obligations of the	28797
authority. If, after the authority sets the price for tuition	28798
~~credits~~units, circumstances arise that the executive director	28799
determines necessitate an additional evaluation of the actuarial	28800
soundness of the fund, the executive director shall have a	28801
nationally recognized actuary conduct the necessary evaluation. If	28802
the assets of the fund are insufficient to ensure the actuarial	28803
soundness of the fund, the authority shall adjust the price of	28804
subsequent purchases of tuition ~~credits~~units to the extent	28805
necessary to help restore the actuarial soundness of the fund. If,	28806
at any time, the adjustment is likely, in the opinion of the	28807
authority, to diminish the marketability of tuition ~~credits~~units	28808
to an extent that the continued sale of the ~~credits~~units likely	28809
would not restore the actuarial soundness of the fund and external	28810
economic factors continue to negatively impact the soundness of	28811
the program, the authority may suspend sales, either permanently	28812
or temporarily, of tuition ~~credits~~units. During any suspension,	28813
the authority shall continue to service existing college savings	28814
program accounts.	28815

(B) Upon termination of the program or liquidation of the	28816
Ohio tuition trust fund, the Ohio tuition trust reserve fund, and	28817
the Ohio tuition trust operating fund, any remaining assets of the	28818
funds after all obligations of the funds have been satisfied	28819
pursuant to division (B) of section 3334.11 of the Revised Code	28820
shall be transferred to the general revenue fund of the state.	28821

(C) The authority shall prepare and cause to have audited an	28822
annual financial report on all financial activity of the Ohio	28823
tuition trust authority within ninety days of the end of the	28824
fiscal year. The authority shall transmit a copy of the audited	28825
financial report to the governor, the president of the senate, the	28826
speaker of the house of representatives, and the minority leaders	28827
of the senate and the house of representatives. Copies of the	28828
audited financial report also shall be made available, upon	28829
request, to the persons entering into contracts with the authority	28830
and to prospective purchasers of tuition ~~credits~~units and	28831
prospective contributors to variable college savings program	28832
accounts.	28833

Sec. 3334.15. (A) The right of a person to a tuition ~~credit~~	28834
unit or a payment under section 3334.09 of the Revised Code	28835
pursuant to a tuition ~~credit~~payment contract, a scholarship	28836
program, or a variable college savings program account shall not	28837
be subject to execution, garnishment, attachment, the operation of	28838
bankruptcy or the insolvency laws, or other process of law.	28839

(B) The right of a person to a tuition ~~credit~~unit or a	28840
payment under section 3334.09 of the Revised Code pursuant to a	28841
tuition ~~credit~~payment contract, a scholarship program, or a	28842
variable college savings program account shall not be used as	28843
security or collateral for a loan.	28844

Sec. 3334.16. The general assembly hereby finds that the	28845
prepaid tuition program providing for the sale of tuition credits	28846
units by the Ohio tuition trust authority is an official state	28847
function, offered through an agency of this state, which agency	28848
receives state appropriations. Therefore, the authority is	28849
directed by the state of Ohio to assume it is exempt from federal	28850
tax liability.	28851

Sec. 3334.17. (A) The state, any political subdivision of	28852
the state, and any organization that is exempt from federal income	28853
taxation under section 501 (a) and described in section 501 (c)(3)	28854
of the Internal Revenue Code, including the Ohio tuition trust	28855
authority if this is authorized under federal tax law, may	28856
establish a scholarship program to award scholarships consisting	28857
of contributions made to any college savings program for students.	28858
Any scholarship program established under this section shall be	28859
registered with the authority. The authority shall be notified of	28860
the name and address of each scholarship beneficiary under the	28861
program, the amounts awarded, and the institution of higher	28862
education in which the beneficiary is enrolled. Scholarship	28863
beneficiaries shall be selected by the entity establishing the	28864
scholarship program, in accordance with criteria established by	28865
the entity.	28866

(B) Any person or governmental entity may purchase tuition	28867
~~credits~~units on behalf of a scholarship program that is or is to	28868
be established in accordance with division (A) of this section at	28869
the same price as is established for the purchase of ~~credits~~units	28870
for named beneficiaries pursuant to this chapter. Tuition ~~credits~~	28871
units shall have the same value to the beneficiary of a	28872
scholarship awarded pursuant to this section as they would have to	28873
any other beneficiary pursuant to division (B) of section 3334.09	28874
of the Revised Code.	28875

(C) The entity establishing and maintaining a scholarship	28876
program shall specify whether a scholarship beneficiary may	28877
receive a refund or payment for the amount awarded under the	28878
scholarship program directly from the authority, or whether the	28879
amount awarded shall be paid by the authority only to the	28880
institution of higher education in which the student is enrolled.	28881

(D) If a scholarship beneficiary does not use the amount	28882
awarded within a length of time specified under the scholarship	28883
program, the amount may be awarded to another beneficiary.	28884

Sec. 3334.18. (A) A variable college savings program	28885
established by the Ohio tuition trust authority shall include	28886
provisions for a contract to be entered into between a contributor	28887
and the authority that will authorize the contributor to open an	28888
account for a beneficiary and authorize the contributor to	28889
substitute a new beneficiary for one originally named in the	28890
contract, to the extent permitted by section 529 of the Internal	28891
Revenue Code.	28892

(B) The authority shall provide adequate safeguards to	28893
prevent total contributions to a variable college savings program	28894
account or purchases of tuition ~~credits~~units, either separately	28895
or combined, that are made on behalf of a beneficiary from	28896
exceeding the amount necessary to provide for the tuition and	28897
other higher education expenses of the beneficiary, consistent	28898
with the maximum contributions permitted by section 529 of the	28899
Internal Revenue Code. However, in no event shall contributions or	28900
purchases exceed the allowable limit for a qualified ~~state~~ tuition	28901
program under section 529 of the Internal Revenue Code.	28902

(C)(1) Participation in the variable college savings program	28903
does not guarantee that contributions and the investment return on	28904
contributions, if any, will be adequate to cover future tuition	28905
and other higher education expenses or that a beneficiary will be	28906
admitted to or permitted to continue to attend an institution of	28907
higher education.	28908

(2) Returns on contributors' investments in the variable	28909
college savings program are not guaranteed by the state and the	28910
contributors to the variable college savings program assume all	28911
investment risk, including the potential loss of principal and	28912
liability for penalties such as those levied for noneducational	28913
withdrawals.	28914

(3) The state shall have no debt or obligation to any	28915
contributor, beneficiary, or any other person as a result of the	28916
establishment of the program, and the state assumes no risk or	28917
liability for funds invested in the variable college savings	28918
program.	28919

(4) Informational materials about the variable college	28920
savings program prepared by the authority or its agents and	28921
provided to prospective contributors shall state clearly the	28922
information set forth in division (C) of this section.	28923

Sec. 3334.19. (A) The Ohio tuition trust authority shall	28924
adopt an investment plan that sets forth investment policies and	28925
guidelines to be utilized in administering the variable college	28926
savings program. Except as provided in section 3334.20 of the	28927
Revised Code, the authority shall contract with one or more	28928
insurance companies, banks, or other financial institutions to act	28929
as its investment agents and to provide such services as the	28930
authority considers appropriate to the investment plan, including:	28931

(1) Purchase, control, and safekeeping of assets;

28932

(2) Record keeping and accounting for individual accounts and	28933
for the program as a whole;	28934

(3) Provision of consolidated statements of account.

28935

(B) The authority or its investment agents shall maintain a	28936
separate account for the beneficiary of each contract entered into	28937
under the variable college savings program. If a beneficiary has	28938
more than one such account, the authority or its agents shall	28939
track total contributions and earnings and provide a consolidated	28940
system of account distributions to institutions of higher	28941
education.	28942

(C) The authority or its investment agents may place assets	28943
of the program in savings accounts and may purchase fixed or	28944
variable life insurance or annuity contracts, securities, evidence	28945
of indebtedness, or other investment products pursuant to the	28946
investment plan.	28947

(D) Contributors shall not direct the investment of their	28948
contributions under the investment plan. The authority shall	28949
impose other limits on contributors' investment discretion to the	28950
extent required under section 529 of the Internal Revenue Code.	28951

(E) The investment agents with which the authority contracts	28952
shall discharge their duties with respect to program funds with	28953
the care and diligence that a prudent person familiar with such	28954
matters and with the character and aims of the program would use.	28955

(F) The assets of the program shall be preserved, invested,	28956
and expended solely for the purposes of this chapter and shall not	28957
be loaned or otherwise transferred or used by the state for any	28958
other purpose. This section shall not be construed to prohibit the	28959
investment agents of the authority from investing, by purchase or	28960
otherwise, in bonds, notes, or other obligations of the state or	28961
any agency or instrumentality of the state. Unless otherwise	28962
specified by the authority, assets of the program shall be	28963
expended in the following order of priority:	28964

(1) To make payments on behalf of beneficiaries;

28965

(2) To make refunds upon termination of variable college	28966
savings program contracts;	28967

(3) To pay the authority's costs of administering the	28968
program;	28969

(4) To pay or cover any other expenditure or disbursement the	28970
authority determines necessary or appropriate.	28971

(G) Fees, charges, and other costs imposed or collected by	28972
the authority in connection with the variable college savings	28973
program, including any fees or other payments that the authority	28974
requires an investment agent to pay to the authority, shall be	28975
credited to either the variable operating fund or the index	28976
operating fund at the discretion of the authority. ~~The fund shall~~	28977
beThese funds are hereby created in the ~~custody of the treasurer~~	28978
~~of state, but shall not be part of the~~ state treasury. Expenses	28979
incurred in the administration of the variable college savings	28980
program, as well as other expenses, disbursements, or payments the	28981
authority considers appropriate for the benefit of any college	28982
savings programs administered by the authority, the state of Ohio	28983
and its citizens, shall be paid from the variable operating fund	28984
or the index operating fund at the discretion of the authority.	28985

(H) No records of the authority indicating the identity of	28986
purchasers, contributors, and beneficiaries under the program or	28987
amounts contributed to, earned by, or distributed from program	28988
accounts are public records within the meaning of section 149.43	28989
of the Revised Code.	28990

Sec. 3345.02. (A) As used in this section:

28991

(1) "Academic year" and "full-time" enrollment have the	28992
meanings that the Ohio board of regents shall determine for	28993
purposes of this section.	28994

(2) "State institution of higher education" has the same	28995
meaning as in section 3345.011 of the Revised Code.	28996

(B) This section applies to the 2005-2006 academic year and	28997
to every academic year thereafter.	28998

(C) The board of trustees of each state institution of higher	28999
education shall limit increases in the combined in-state	29000
undergraduate instructional and general fees for an academic year	29001
over the amounts of such fees charged in the prior academic year	29002
to not more than the lesser of six per cent or, for a full-time	29003
student, five hundred dollars.	29004

(D) The limitations on fee increases prescribed in this	29005
section apply to an academic year even if, prior to the effective	29006
date of this section, a board of trustees has voted to increase	29007
fees beyond the amount permitted under this section. In such case,	29008
the board shall reduce the fees in an amount that results in	29009
combined in-state undergraduate instructional and general fees	29010
that comply with this section.	29011

(E) The limitations prescribed in this section do not apply	29012
to increases required to comply with institutional covenants	29013
related to obligations or to meet unfunded legal mandates, legally	29014
binding obligations, or commitments incurred prior to the	29015
effective date of this section with respect to which the board of	29016
trustees had identified such fee increases as the source of funds	29017
to meet those obligations, mandates, or commitments. An increase	29018
required by those obligations, mandates, or commitments shall be	29019
reported by the Ohio board of regents to the controlling board.	29020

(F) The board of regents may modify the limitations	29021
prescribed in this section with the approval of the controlling	29022
board in order to respond to exceptional circumstances identified	29023
by the board of regents.	29024

Sec. 3345.10. (A) As used in this section:

29025

~~(A)~~, "~~Institution~~state institution of higher education"	29026
~~means a state university, municipal university, state medical~~	29027
~~college, community college, technical college, or state community~~	29028
~~college~~has the same meaning as in section 3345.011 of the Revised	29029
Code.	29030

(B) Each state institution of higher education shall	29031
establish competitive bidding procedures for the purchase of	29032
printed material and shall award all ~~such~~ contracts for the	29033
purchase of printed material in accordance with ~~such~~those	29034
procedures. ~~Notwithstanding any other provision of law,~~The	29035
procedures shall require the institution to evaluate all bids	29036
received for all contracts for the purchase of printed material	29037
~~shall be let by an institution to vendors who have manufacturing~~	29038
~~facilities within this state, except as provided in division (C)~~	29039
~~of this section.~~	29040

~~(C) If the required printed products are not available from a~~	29041
~~vendor who has manufacturing facilities within this state, the~~	29042
~~institution shall be permitted to purchase from an out-of-state~~	29043
~~vendor.~~	29044

~~(D) No vendor with manufacturing facilities within this state~~	29045
~~who would execute the printing covered by the proposal shall be~~	29046
~~prohibited from submitting a proposal for consideration and any~~	29047
~~such proposal properly submitted shall be considered~~in accordance	29048
with the criteria and procedures established pursuant to divisions	29049
(C)(1) and (2) of section 125.09 of the Revised Code for	29050
determining whether bidders will produce the printed material at	29051
manufacturing facilities within this state or in accordance with	29052
the criteria and procedures established pursuant to division	29053
(C)(4) or (5) of that section for determining whether bidders are	29054
otherwise qualified.	29055

An institution shall select, in accordance with the	29056
procedures it establishes under this section, a bid from among	29057
bidders that fulfill the criteria specified in the applicable	29058
divisions of section 125.09 of the Revised Code where sufficient	29059
competition can be generated within this state to ensure that	29060
compliance with this requirement will not result in paying an	29061
excessive price or acquiring a disproportionately inferior	29062
product. If there are two or more bids from among those bidders,	29063
it shall be deemed that there is sufficient competition to prevent	29064
paying an excessive price or acquiring a disproportionately	29065
inferior product.	29066

Sec. 3345.32. (A) As used in this section:

29067

(1) "State university or college" means the institutions	29068
described in section 3345.27 of the Revised Code, the northeastern	29069
Ohio universities college of medicine, and the medical university	29070
of Ohio at Toledo.	29071

(2) "Resident" has the meaning specified by rule of the Ohio	29072
board of regents.	29073

(3) "Statement of selective service status" means a statement	29074
certifying one of the following:	29075

(a) That the individual filing the statement has registered	29076
with the selective service system in accordance with the "Military	29077
Selective Service Act," 62 Stat. 604, 50 U.S.C. App. 453, as	29078
amended;	29079

(b) That the individual filing the statement is not required	29080
to register with the selective service for one of the following	29081
reasons:	29082

(i) The individual is under eighteen or over twenty-six years	29083
of age;	29084

(ii) The individual is on active duty with the armed forces	29085
of the United States other than for training in a reserve or	29086
national guard unit;	29087

(iii) The individual is a nonimmigrant alien lawfully in the	29088
United States in accordance with section 101 (a)(15) of the	29089
"Immigration and Nationality Act," 8 U.S.C. 1101, as amended;	29090

(iv) The individual is not a citizen of the United States and	29091
is a permanent resident of the Trust Territory of the Pacific	29092
Islands or the Northern Mariana Islands.	29093

(4) "Institution of higher education" means any eligible	29094
institution approved by the United States department of education	29095
pursuant to the "Higher Education Act of 1965," 79 Stat. 1219, as	29096
amended, or any institution whose students are eligible for	29097
financial assistance under any of the programs described by	29098
division (E) of this section.	29099

(B) The Ohio board of regents shall, by rule, specify the	29100
form of statements of selective service status to be filed in	29101
compliance with divisions (C) to (F) of this section. Each	29102
statement of selective service status shall contain a section	29103
wherein a male student born after December 31, 1959, certifies	29104
that the student has registered with the selective service system	29105
in accordance with the "Military Selective Service Act," 62 Stat.	29106
604, 50 U.S.C. App. 453, as amended. For those students not	29107
required to register with the selective service, as specified in	29108
divisions (A)(2)(b)(i) to (iv) of this section, a section shall be	29109
provided on the statement of selective service status for the	29110
certification of nonregistration and for an explanation of the	29111
reason for the exemption. The board of regents may require that	29112
such statements be accompanied by documentation specified by rule	29113
of the board.	29114

(C) A state university or college that enrolls in any course,	29115
class, or program a male student born after December 31, 1959, who	29116
has not filed a statement of selective service status with the	29117
university or college shall, regardless of the student's	29118
residency, charge the student any tuition surcharge charged	29119
students who are not residents of this state.	29120

(D) No male born after December 31, 1959, shall be eligible	29121
to receive any loan, grant, scholarship, or other financial	29122
assistance for educational expenses under section 3315.33,	29123
3333.12, 3333.122, 3333.21, 3333.22, 3333.26, 3333.27, 5910.03,	29124
5910.032, or 5919.34 of the Revised Code unless that person has	29125
filed a statement of selective service status with that person's	29126
institution of higher education.	29127

(E) If an institution of higher education receives a	29128
statement from an individual certifying that the individual has	29129
registered with the selective service system in accordance with	29130
the "Military Selective Service Act," 62 Stat. 604, 50 U.S.C. App.	29131
453, as amended or that the individual is exempt from registration	29132
for a reason other than that the individual is under eighteen	29133
years of age, the institution shall not require the individual to	29134
file any further statements. If it receives a statement certifying	29135
that the individual is not required to register because the	29136
individual is under eighteen years of age, the institution shall	29137
require the individual to file a new statement of selective	29138
service status each time the individual seeks to enroll for a new	29139
academic term or makes application for a new loan or loan	29140
guarantee or for any form of financial assistance for educational	29141
expenses, until it receives a statement certifying that the	29142
individual has registered with the selective service system or is	29143
exempt from registration for a reason other than that the	29144
individual is under eighteen years of age.	29145

Sec. 3353.01. As used in ~~sections 3353.01 to 3353.05 of the~~	29146
~~Revised Code~~this chapter:	29147

(A) "Educational television or radio" means television or	29148
radio programs which serve the educational needs of the community	29149
and which meet the requirements of the federal communications	29150
commission for noncommercial educational television or radio.	29151

(B) "Educational telecommunications network" means a system	29152
of connected educational television, radio, or radio reading	29153
service facilities and coordinated programs established and	29154
operated or controlled by the eTech Ohio ~~educational~~	29155
~~telecommunications network~~ commission, pursuant to ~~sections~~	29156
~~3353.01 to 3353.04 of the Revised Code~~this chapter.	29157

(C) "Transmission" means the sending out of television,	29158
radio, or radio reading service programs, either directly to the	29159
public, or to broadcasting stations or services for simultaneous	29160
broadcast or rebroadcast.	29161

(D) "Transmission facilities" means structures, equipment,	29162
material, and services used in the transmission of educational	29163
television, radio, or radio reading service programs.	29164

(E) "Interconnection facilities" means the equipment,	29165
material, and services used to link one location to another	29166
location or to several locations by means of telephone line,	29167
coaxial cable, microwave relays, or other available technologies.	29168

(F) "Broadcasting station" means a properly licensed	29169
noncommercial educational television or radio station,	29170
appropriately staffed and equipped to produce programs or lessons	29171
and to broadcast programs.	29172

(G) "Production center" means a television, radio, or radio	29173
reading service production studio, staffed and equipped with	29174
equipment, material, and supplies necessary to produce a program	29175
or a lesson for broadcast or for recording on film, video tape, or	29176
audio tape.	29177

(H) "Radio reading service" means a nonprofit organization	29178
that disseminates news and other information to blind and	29179
physically handicapped persons.	29180

(I) "Affiliate" means an educational telecommunication	29181
entity.	29182

Sec. 3353.02. (A) There is hereby created the eTech Ohio	29183
commission as an independent agency to provide leadership and	29184
support in advancing the education of the citizens of this state	29185
through access to the use of technology. The commission shall	29186
administer programs to provide financial and other assistance to	29187
school districts and other educational institutions for the	29188
acquisition and utilization of educational technology.	29189

The commission is a body corporate and politic, an agency of	29190
the state performing essential governmental functions of the	29191
state.	29192

(B) The commission shall consist of eleven members, seven of	29193
whom shall be voting members. Four of the voting members shall be	29194
representatives of the public and shall be appointed by the	29195
governor. The superintendent of public instruction or a designee	29196
of the superintendent, the chancellor of the Ohio board of regents	29197
or a designee of the chancellor, and the director of	29198
administrative services or a designee of the director shall be ex	29199
officio voting members. Of the nonvoting members, two shall be	29200
members of the house of representatives appointed by the speaker	29201
of the house of representatives and two shall be members of the	29202
senate appointed by the president of the senate. The members	29203
appointed from each chamber shall not be members of the same	29204
political party.	29205

(C) Initial terms of office for members appointed by the	29206
governor shall be one year for one member, two years for one	29207
member, three years for one member, and four years for one member.	29208
At the first meeting of the commission, members appointed by the	29209
governor shall draw lots to determine the length of the term each	29210
member will serve. Thereafter, terms of office for members	29211
appointed by the governor shall be for four years. Any member	29212
appointed by the governor may be reappointed, but no such member	29213
may serve more than two consecutive four-year terms. Members	29214
appointed by the governor may be removed by the governor at any	29215
time.	29216

Any member appointed by the speaker of the house of	29217
representatives or the president of the senate who ceases to be a	29218
member of the legislative chamber from which the member was	29219
appointed shall cease to be a member of the commission. The	29220
speaker of the house of representatives and the president of the	29221
senate may remove their respective appointments to the commission	29222
at any time.	29223

(D) Vacancies among appointed members shall be filled in the	29224
manner provided for original appointments. Any member appointed by	29225
the governor to fill a vacancy occurring prior to the expiration	29226
of the term for which the member's predecessor was appointed shall	29227
hold office for the remainder of that term. Any member appointed	29228
by the governor shall continue in office subsequent to the	29229
expiration of that member's term until the member's successor	29230
takes office or until a period of sixty days has elapsed,	29231
whichever occurs first.	29232

(E) Members of the commission shall serve without	29233
compensation. The members appointed by the governor shall be	29234
reimbursed, pursuant to office of budget and management	29235
guidelines, for actual and necessary expenses incurred in the	29236
performance of official duties.	29237

(F) The governor shall appoint the chairperson of the	29238
commission from among the commission's voting members. The	29239
chairperson shall serve a term of two years and may be	29240
reappointed. The commission shall elect other officers as	29241
necessary from among its voting members and shall prescribe its	29242
rules of procedure.	29243

Sec. 3353.03. (A) The eTech Ohio commission shall appoint an	29244
executive director, who shall serve at the pleasure of the	29245
commission. The executive director shall have no authority other	29246
than that provided by law or delegated to the executive director	29247
by the commission. The executive director shall do all of the	29248
following:	29249

(1) Direct commission employees in the administration of all	29250
programs of the commission;	29251

(2) Provide leadership and support for advancing the	29252
education of the citizens of this state through access to the use	29253
of technology, as directed by the commission;	29254

(3) Provide financial and other assistance to school	29255
districts and other educational institutions for the acquisition	29256
and utilization of educational technology;	29257

(4) Implement policies and directives issued by the	29258
commission;	29259

(5) Perform other duties authorized by the commission.

29260

(B) The commission shall fix the compensation of the	29261
executive director. The executive director shall employ and fix	29262
the compensation for such employees as necessary to facilitate the	29263
activities and purposes of the commission. The employees shall	29264
serve at the pleasure of the executive director.	29265

(C) The employees of the commission shall be placed in the	29266
unclassified service. The employees shall be exempt from Chapter	29267
4117. of the Revised Code and shall not be public employees as	29268
defined in section 4117.01 of the Revised Code.	29269

Sec. 3353.04. (A) The eTech Ohio ~~educational~~	29270
~~telecommunications network~~ commission may perform any act	29271
necessary to carry out the functions of this chapter, including	29272
any of the following:	29273

~~(A)~~(1) Make grants to institutions and other organizations as	29274
prescribed by the general assembly for the provision of technical	29275
assistance, professional development, and other support services	29276
to enable school districts, community schools established under	29277
Chapter 3314. of the Revised Code, other educational institutions,	29278
and affiliates to utilize educational technology;	29279

(2) Establish a reporting system for school districts,	29280
community schools, other educational institutions, and affiliates	29281
that receive financial assistance from the commission. The system	29282
may require the reporting of information regarding the manner in	29283
which the assistance was expended, the manner in which the	29284
equipment or services purchased with the assistance is being	29285
utilized, the results or outcome of the utilization, the manner in	29286
which the utilization is compatible with the statewide academic	29287
standards adopted by the state board of education pursuant to	29288
section 3301.079 of the Revised Code, and any other information	29289
determined by the commission.	29290

(3) Ensure that, where appropriate, products produced by the	29291
commission or by any entity to which the commission provides	29292
financial assistance for use in elementary and secondary education	29293
are aligned with the statewide academic standards adopted by the	29294
state board pursuant to section 3301.079 of the Revised Code;	29295

(4) Promote accessibility to educational products aligned	29296
with the statewide academic standards adopted by the state board	29297
pursuant to section 3301.079 of the Revised Code for school	29298
districts, community schools, and other entities serving grades	29299
kindergarten through twelve;	29300

(5) Own and operate transmission facilities and	29301
interconnection facilities, or contract for transmission	29302
facilities and interconnection facilities, for an educational	29303
television, radio, or radio reading service network;	29304

~~(B)~~(6) Establish standards for interconnection facilities	29305
used in the transmission of educational television, radio, or	29306
radio reading service programming by the commission;	29307

~~(C)~~(7) Enter into agreements with noncommercial educational	29308
television or radio broadcasting stations or radio reading	29309
services for the transmission to the broadcasting stations or	29310
services of identical programs for broadcasting either	29311
simultaneously or through the use of transcription discs, video	29312
tapes, film, or audio tapes;	29313

~~(D)~~(8) Enter into agreements with noncommercial educational	29314
television, radio, or radio reading service production centers and	29315
with broadcasting stations and radio reading services for the	29316
production and use of educational television, radio, or radio	29317
reading service programs to be transmitted by the educational	29318
telecommunications network;	29319

~~(E)~~(9) Execute contracts and other agreements necessary and	29320
desirable to carry out the purposes of ~~sections 3353.01 to 3353.04~~	29321
~~of the Revised Code~~this chapter and other duties prescribed to	29322
the commission by law or authorize the executive director of the	29323
commission to execute such contracts and agreements on the	29324
commission's behalf;	29325

~~(F)~~(10) Determine programs to be distributed through the ~~Ohio~~	29326
educational telecommunications network;	29327

~~(G)~~(11) Act as consultant with educational television and	29328
educational radio stations and radio reading services toward	29329
coordination within the state of the distribution of federal funds	29330
that may become available for the development of educational	29331
broadcasting or radio reading services;	29332

~~(H)~~(12) Make payments to noncommercial Ohio educational	29333
television or radio broadcasting stations or radio reading	29334
services to sustain the operation of such stations or services,	29335
and may consign equipment to them in exchange for services	29336
rendered;	29337

(13) Establish guidelines governing purchasing and	29338
procurement by participants in programs administered by the	29339
commission that facilitate the timely and effective implementation	29340
of such programs;	29341

(14) Take into consideration the efficiency and cost savings	29342
of statewide procurement prior to allocating and releasing funds	29343
for any programs administered by the commission;	29344

(15) Establish a systems support network to facilitate the	29345
timely implementation of the programs, projects, and activities	29346
for which the commission provides assistance.	29347

(B) Chapters 123., 124., 125., and 153. of the Revised Code	29348
and sections 9.331, 9.332, and 9.333 of the Revised Code do not	29349
apply to contracts, programs, projects, or activities of the	29350
commission.	29351

Sec. 3353.06. (A) The affiliates services fund is hereby	29352
created in the state treasury. The eTech Ohio ~~educational~~	29353
~~telecommunications network~~ commission shall deposit any money it	29354
receives for services provided to affiliates to the credit of the	29355
fund, including:	29356

(1) Reimbursements for services provided to stations;

29357

(2) Charges levied for maintenance of telecommunications,	29358
broadcasting, or transmission equipment;	29359

(3) Contract or grant payments from affiliates.

29360

(B) The commission shall use money credited to the affiliates	29361
services fund for any commission operating purposes, including:	29362

(1) The purchase, repair, or maintenance of	29363
telecommunications, broadcasting, or transmission equipment;	29364

(2) The purchase or lease of educational programming;

29365

(3) The purchase of tape and maintenance of a media library;

29366

(4) Professional development programs and services;

29367

(5) Administrative expenses ~~and legal fees~~.

29368

Sec. 3353.07. (A) ~~As used in this section, "broadcasting~~	29369
~~station" has the same meaning as in section 3353.01 of the Revised~~	29370
~~Code.~~	29371

~~(B)~~ Ohio government telecommunications shall be funded	29372
through the eTech Ohio ~~educational telecommunications network~~	29373
commission and shall be managed by a broadcasting station under a	29374
contract. The contract shall not take effect until the program	29375
committee of Ohio government telecommunications approves the	29376
contract. The broadcasting station shall manage the staff of Ohio	29377
government telecommunications.	29378

~~(C)~~(B)(1) There is hereby created the program committee of	29379
Ohio government telecommunications that shall consist of the	29380
president of the senate, speaker of the house of representatives,	29381
minority leader of the senate, and minority leader of the house of	29382
representatives, or their designees. By a vote of a majority of	29383
its members, the program committee may add additional members to	29384
the committee.	29385

(2) The program committee shall adopt rules that govern the	29386
operation of Ohio government telecommunications and the coverage	29387
and distribution of official governmental activities by Ohio	29388
government telecommunications.	29389

Sec. 3354.25. (A) Notwithstanding section 3354.05 of the	29390
Revised Code regarding the residency of boards of trustees	29391
members, two members of the board of trustees of the Montgomery	29392
county community college district shall be residents of Warren	29393
county and shall have full voting rights on all matters coming	29394
before the board except those specified in division (B) of this	29395
section. These two members and their successors shall be appointed	29396
by the board of county commissioners of Warren county, and shall	29397
replace two Montgomery county members of the board as follows:	29398

(1) One member from Warren county shall succeed the first	29399
Montgomery county member appointed by the governor whose term ends	29400
after the effective date of this section.	29401

(2) One member from Warren county shall succeed the first	29402
Montgomery county member appointed by the board of county	29403
commissioners of Montgomery county whose term ends after the	29404
effective date of this section.	29405

Terms of office of the two Warren county positions otherwise	29406
shall follow the requirements regarding terms of office for	29407
members of boards of trustees of community college districts	29408
prescribed in section 3354.05 of the Revised Code.	29409

(B) The trustees from Warren county shall have no vote on any	29410
of the following matters:	29411

(1) Tax levies for Montgomery county;

29412

(2) The expenditure of revenue from levies described in	29413
division (B)(1) of this section;	29414

(3) Tuition for Montgomery county residents;

29415

(4) Community college facilities in Montgomery county;

29416

(5) Community college programs offered in Montgomery county.

29417

When a matter described in divisions (B)(1) to (5) of this	29418
section comes before the board, four Montgomery county trustees	29419
constitute a quorum. The concurrence of four Montgomery county	29420
trustees is necessary for approval of any matter described in	29421
divisions (B)(1) to (5) of this section. The fact that a trustee	29422
from Warren county votes on a matter described in divisions (B)(1)	29423
to (5) of this section does not invalidate the vote.	29424

(C) Warren county shall not be added to the Montgomery county	29425
community college district. The district, therefore, shall have no	29426
power to levy a tax in Warren county. Only the territory of the	29427
Montgomery county community college district as approved and	29428
certified by the Ohio board of regents under sections 3354.02 and	29429
3354.04 of the Revised Code shall be included in the Montgomery	29430
county community college district. However, the district may	29431
provide services in Warren county.	29432

(D) The board of trustees of the Montgomery county community	29433
college district shall continue to comply with division (G) of	29434
section 3354.09 of the Revised Code, regarding tuition for	29435
students who are residents of the district, for students who are	29436
residents of Ohio but not of the district, and for students who	29437
are nonresidents of Ohio. Students who are residents of Warren	29438
county shall continue to be charged tuition at the same rate as	29439
other Ohio residents who are not residents of Montgomery county.	29440

(E) Any money raised by the residents of Montgomery county	29441
through a tax levied by the Montgomery county community college	29442
district shall be used solely for the benefit of Montgomery county	29443
residents attending Sinclair community college, shall be deposited	29444
into a separate fund from all other revenues of the district, and	29445
shall be budgeted separately in accordance with division (B) of	29446
this section.	29447

Sec. 3362.02. The board of trustees of Shawnee state	29448
university shall annually elect from their members a ~~chairman~~	29449
chairperson and ~~vice-chairman~~vice-chairperson; and they may also	29450
appoint a secretary of the board, a treasurer, and such other	29451
officers of the university as the interests of the university	29452
require, who may be members of the board. The treasurer, before	29453
entering upon the discharge of ~~his~~official duties, shall give	29454
bond to the state or be insured for the faithful performance of	29455
~~his~~the treasurer's duties and the proper accounting for all	29456
moneys coming into ~~his~~the treasurer's care. The amount of said	29457
bond or insurance shall be determined by the board, but shall not	29458
be for a sum less than the estimated amount which may come into	29459
the treasurer's sole control at any time, less any reasonable	29460
deductible. ~~Said bond shall be approved by the attorney general.~~	29461

Sec. 3365.01. As used in ~~sections 3365.01 to 3365.10 of the~~	29462
~~Revised Code~~this chapter:	29463

(A) "College" means any state-assisted college or university	29464
described in section 3333.041 of the Revised Code, any nonprofit	29465
institution holding a certificate of authorization pursuant to	29466
Chapter 1713. of the Revised Code, any private institution exempt	29467
from regulation under Chapter 3332. of the Revised Code as	29468
prescribed in section 3333.046 of the Revised Code, and any	29469
institution holding a certificate of registration from the state	29470
board of career colleges and schools and program authorization for	29471
an associate or bachelor's degree program issued under section	29472
3332.05 of the Revised Code.	29473

(B) "School district," except as specified in division (G) of	29474
this section, means any school district to which a student is	29475
admitted under section 3313.64, 3313.65, 3313.98, or 3317.08 of	29476
the Revised Code and does not include a joint vocational or	29477
cooperative education school district.	29478

(C) "Parent" has the same meaning as in section 3313.64 of	29479
the Revised Code.	29480

(D) "Participant" means a student enrolled in a college under	29481
the post-secondary enrollment options program established by this	29482
chapter.	29483

(E) "Secondary grade" means the ninth through twelfth grades.

29484

(F) "School foundation payments" means the amount required to	29485
be paid to a school district for a fiscal year under Chapter 3317.	29486
of the Revised Code.	29487

(G) "Tuition base" means, with respect to a participant's	29488
school district, the greater of the following:	29489

(1) The fiscal year 2005 formula amount defined in ~~division~~	29490
~~(B) of~~ section 3317.02 of the Revised Code multiplied by the	29491
district's fiscal year 2005 cost-of-doing-business factor defined	29492
in ~~division (N) of~~that section ~~3317.02 of the Revised Code. The~~;	29493

(2) The sum of the current formula amount defined in section	29494
3317.02 of the Revised Code plus the per pupil amount of the base	29495
funding supplements specified in divisions (C)(1) to (4) of	29496
section 3317.012 of the Revised Code.	29497

The participant's "school district" in the case of a	29498
participant enrolled in a community school shall be the school	29499
district in which the student is entitled to attend school under	29500
section 3313.64 or 3313.65 of the Revised Code.	29501

(H) "Educational program" means enrollment in one or more	29502
school districts, in a nonpublic school, or in a college under	29503
division (B) of section 3365.04 of the Revised Code.	29504

(I) "Nonpublic school" means a chartered or nonchartered	29505
school for which minimum standards are prescribed by the state	29506
board of education pursuant to division (D) of section 3301.07 of	29507
the Revised Code.	29508

(J) "School year" means the year beginning on the first day	29509
of July and ending on the thirtieth day of June.	29510

(K) "Community school" means any school established pursuant	29511
to Chapter 3314. of the Revised Code that includes secondary	29512
grades.	29513

(L) "Community school payments" means payments made by the	29514
department of education to a community school pursuant to division	29515
(D) of section 3314.08 of the Revised Code.	29516

Sec. 3365.02. There is hereby established the post-secondary	29517
enrollment options program under which a secondary grade student	29518
who is a resident of this state may enroll at a college, on a	29519
full- or part-time basis, and complete nonsectarian courses for	29520
high school and college credit.	29521

Secondary grade students in a nonpublic school may	29522
participate in the post-secondary enrollment options program if	29523
the chief administrator of such school notifies the department of	29524
education by the first day of April prior to the school year in	29525
which the school's students will participate.	29526

The state board of education, after consulting with the board	29527
of regents, shall adopt rules governing the program. The rules	29528
shall include:	29529

(A) Requirements for school districts, community schools, or	29530
participating nonpublic schools to provide information about the	29531
program prior to the first day of March of each year to all	29532
students enrolled in grades eight through eleven;	29533

(B) A requirement that a student or the student's parent	29534
inform the district board of education, the governing authority of	29535
a community school, or the nonpublic school administrator by the	29536
thirtieth day of March of the student's intent to participate in	29537
the program during the following school year. The rule shall	29538
provide that any student who fails to notify a district board, the	29539
governing authority of a community school, or the nonpublic school	29540
administrator by the required date may not participate in the	29541
program during the following school year without the written	29542
consent of the district superintendent, the governing authority of	29543
a community school, or the nonpublic school administrator.	29544

(C) Requirements that school districts and community schools	29545
provide counseling services to students in grades eight through	29546
eleven and to their parents before the students participate in the	29547
program under this chapter to ensure that students and parents are	29548
fully aware of the possible risks and consequences of	29549
participation. Counseling information shall include without	29550
limitation:	29551

(1) Program eligibility;

29552

(2) The process for granting academic credits;

29553

(3) Financial arrangements for tuition, books, materials, and	29554
fees;	29555

(4) Criteria for any transportation aid;

29556

(5) Available support services;

29557

(6) Scheduling;

29558

(7) The consequences of failing or not completing a course in	29559
which the student enrolls and the effect of the grade attained in	29560
the course being included in the student's grade point average, if	29561
applicable;	29562

(8) The effect of program participation on the student's	29563
ability to complete the district's, community school's, or	29564
nonpublic school's graduation requirements;	29565

(9) The academic and social responsibilities of students and	29566
parents under the program;	29567

(10) Information about and encouragement to use the	29568
counseling services of the college in which the student intends to	29569
enroll.	29570

(D) A requirement that the student and the student's parent	29571
sign a form, provided by the school district or school, stating	29572
that they have received the counseling required by division (C) of	29573
this section and that they understand the responsibilities they	29574
must assume in the program;	29575

(E) The options required by section 3365.04 of the Revised	29576
Code;	29577

(F) A requirement that a student may not enroll in any	29578
specific college course through the program if the student has	29579
taken high school courses in the same subject area as that college	29580
course and has failed to attain a cumulative grade point average	29581
of at least 3.0 on a 4.0 scale, or the equivalent, in such	29582
completed high school courses.	29583

~~Section~~Sec. 3375.48.~~The judges of the court of common pleas~~	29584
~~of any county in which there is a~~A law library association ~~which~~	29585
~~furnishes~~that receives fines and penalties, and moneys arising	29586
from forfeited bail, under sections 3375.50 to 3375.53 of the	29587
Revised Code shall furnish to all of the members of the ~~Ohio~~	29588
general assembly, the ~~county~~ officers of the county in which the	29589
association is located, and the judges of the ~~several~~ courts in	29590
~~the~~that county admission to ~~its~~the associations's law library	29591
and the use of its books, materials, and equipment free of charge,	29592
~~upon the appointment by the~~. The association's board of trustees	29593
~~of such association of~~may appoint a person to act as librarian	29594
~~thereof, or of a person to act as librarian~~ and ~~not more than two~~	29595
additional persons to act as assistant ~~law~~ librarians ~~thereof,~~of	29596
the law library. The board shall ~~fix~~be responsible for fixing and	29597
paying the compensation of ~~such~~those persons, ~~which shall be paid~~	29598
~~from the county treasury~~subject to section 3375.49 of the Revised	29599
Code.	29600

Sec. 3375.49. ~~For~~(A) Subject to divisions (B) and (C) of	29601
this section, for the use of the law library referred to in	29602
section 3375.48 of the Revised Code, the board of county	29603
commissioners shall provide~~, at the expense of the county,~~	29604
~~suitable rooms with sufficient and suitable bookcases~~space in the	29605
county courthouse or~~, if there are no suitable rooms in the~~	29606
~~courthouse, any other suitable rooms at~~in any other building	29607
located in the county seat ~~with sufficient~~, and ~~suitable bookcases~~	29608
utilities for that space. ~~The~~	29609

(B)(1) Subject to division (C) of this section, through	29610
calendar year 2006, the board of county commissioners shall be	29611
responsible for paying the compensation of the librarian and up to	29612
two assistant librarians of the law library appointed by the board	29613
of trustees of the law library association under section 3375.48	29614
of the Revised Code and the costs of the space in the county	29615
courthouse or other building that the board provides for the use	29616
of the law library under division (A) of this section, the	29617
utilities for that space, and furniture and fixtures for the law	29618
library.	29619

(2) In calendar years 2007 through 2010, the board of county	29620
commissioners and the board of trustees shall be responsible for	29621
paying the compensation of the librarian and up to two assistant	29622
librarians appointed under section 3375.48 of the Revised Code and	29623
the costs of the space in the county courthouse or other building	29624
that the board of county commissioners provides for the use of the	29625
law library under division (A) of this section, the utilities for	29626
that space, and furniture and fixtures for the law library as	29627
follows:	29628

(a) In calendar year 2007, the board of county commissioners	29629
shall pay eighty per cent, and the board of trustees shall pay	29630
twenty per cent.	29631

(b) In calendar year 2008, the board of county commissioners	29632
shall pay sixty per cent, and the board of trustees shall pay	29633
forty per cent.	29634

(c) In calendar year 2009, the board of county commissioners	29635
shall pay forty per cent, and the board of trustees shall pay	29636
sixty per cent.	29637

(d) In calendar year 2010, the board of county commissioners	29638
shall pay twenty per cent, and the board of trustees shall pay	29639
eighty per cent.	29640

(3) Beginning in calendar year 2011 and thereafter, the board	29641
of trustees shall be responsible for paying the compensation of	29642
the librarian and all assistant librarians appointed under section	29643
3375.48 of the Revised Code as well as the costs of the space in	29644
the county courthouse or other building that the board of county	29645
commissioners provides for the use of the law library under	29646
division (A) of this section, the utilities for that space, and	29647
the law library's furniture and fixtures.	29648

(C) If the board of trustees of a law library association	29649
referred to in section 3375.48 of the Revised Code rents, leases,	29650
lease-purchases, or otherwise acquires space for the use of the	29651
law library, or constructs, enlarges, renovates, or otherwise	29652
modifies buildings or other structures to provide space for the	29653
use of the law library, the board of county commissioners of the	29654
county in which the association is located has no further	29655
obligation under division (A) of this section to provide space in	29656
the county courthouse or any other building located in the county	29657
seat for the use of the law library and utilities for that space,	29658
and has no further obligation under division (B) of this section	29659
to make payments for the compensation of the librarian and up to	29660
two assistant librarians of the law library appointed under	29661
section 3375.48 of the Revised Code and for the costs of space in	29662
the county courthouse or an other building for the use of the law	29663
library, the utilities for that space, and the law library's	29664
furniture and fixtures.	29665

(D) The librarian ~~or person in charge~~ of the law library	29666
shall receive and safely keep in ~~these rooms~~the law library the	29667
law reports and other books furnished by the state for use of the	29668
court and bar. ~~The board of county commissioners shall heat and~~	29669
~~light any such rooms. The~~	29670

(E) The books, computer communications console that is a	29671
means of access to a system of computerized legal research,	29672
microform materials and equipment, videotape materials and	29673
equipment, audio or visual materials and equipment, other	29674
materials and equipment utilized in conducting legal research, ~~and~~	29675
furniture, and fixtures of the law library association that are	29676
owned by, and used exclusively in, the law library are exempt from	29677
taxation.	29678

Sec. 3375.54. The money that is paid to the board of	29679
trustees of a law library association under sections 3375.50 to	29680
3375.53 of the Revised Code shall be expended in the support and	29681
operation of the law library association ~~and~~; in the purchase,	29682
lease, or rental of lawbooks, a computer communications console	29683
that is a means of access to a system of computerized legal	29684
research, microform materials and equipment, videotape materials	29685
and equipment, audio or visual materials and equipment, ~~and~~ other	29686
~~services,~~ materials, and equipment ~~that provide legal information~~	29687
~~or facilitate~~utilized in conducting legal research, furniture,	29688
and fixtures used in the association's law library; and to pay the	29689
compensation of any librarian and assistant librarians of the law	29690
library appointed under section 3375.48 of the Revised Code.	29691

Sec. 3375.55. ~~Judges of the county court in the county and~~	29692
~~officers~~Officers of the townships and municipal corporations	29693
~~therein~~in a county in which a law library association that	29694
receives fines and penalties, and moneys arising from forfeited	29695
bail, under sections 3375.50 to 3375.53 of the Revised Code is	29696
located shall have the same free use of the books, materials, and	29697
equipment of the association's law library ~~receiving moneys under~~	29698
~~sections 3375.50 to 3375.53, inclusive, of the Revised Code,~~ as	29699
general assembly members and the judges and county officers	29700
mentioned in section 3375.48 of the Revised Code.	29701

Sec. 3381.15. (A) The board of county commissioners of any	29702
county, the legislative authority of any municipal corporation,	29703
and the board of township trustees of any township, included	29704
within a regional arts and cultural district may appropriate	29705
annually, from moneys to the credit of the general fund of the	29706
county, the municipal corporation, or the township and not	29707
otherwise appropriated, that portion of the expense of the	29708
district to be paid by ~~such~~the county, municipal corporation, or	29709
township as provided in the resolution creating or enlarging the	29710
district adopted under section 3381.03 of the Revised Code, or by	29711
any amendment ~~thereto~~to the resolution.	29712

(B) In addition to the authority granted to a board of county	29713
commissioners under division (A) of this section, a board of	29714
county commissioners in a county with a population of five hundred	29715
thousand or more may establish and provide local funding options	29716
for the support of arts and cultural organizations operating	29717
within the regional arts and cultural district in which the county	29718
is included.	29719

Sec. 3383.02. (A) There is hereby created the Ohio cultural	29720
facilities commission. The commission shall engage in and provide	29721
for the development, performance, and presentation or making	29722
available of culture and professional sports and athletics to the	29723
public in this state, and the provision of training or education	29724
in culture, by the exercise of its powers under this chapter,	29725
including the provision, operation, management, and cooperative	29726
use of Ohio cultural facilities and Ohio sports facilities. The	29727
commission is a body corporate and politic, an agency of state	29728
government and an instrumentality of the state, performing	29729
essential governmental functions of this state. The carrying out	29730
of the purposes and the exercise by the commission of its powers	29731
conferred by this chapter are essential public functions and	29732
public purposes of the state and of state government. The	29733
commission may, in its own name, sue and be sued, enter into	29734
contracts, and perform all the powers and duties given to it by	29735
this chapter; however, it does not have and shall not exercise the	29736
power of eminent domain.	29737

(B) The commission shall consist of ~~ten~~twelve members, ~~seven~~	29738
nine of whom shall be voting members and three of whom shall be	29739
nonvoting members. The ~~seven~~nine voting members shall be	29740
appointed by the governor, with the advice and consent of the	29741
senate, from different geographical regions of the state. In	29742
addition, one of the voting members shall represent the state	29743
architect. Not more than ~~four~~five of the members appointed by the	29744
governor shall be affiliated with the same political party. The	29745
nonvoting members shall be the staff director of the Ohio arts	29746
council, a member of the senate appointed by the president of the	29747
senate, and a member of the house of representatives appointed by	29748
the speaker of the house.	29749

(C) Of the five initial appointments made by the governor,	29750
one shall be for a term expiring December 31, 1989, two shall be	29751
for terms expiring December 31, 1990, and two shall be for terms	29752
expiring December 31, 1991. Of the initial appointments of the	29753
sixth and seventh voting members made by the governor, one shall	29754
be for a term expiring December 31, 2003, and one shall be for a	29755
term expiring December 31, 2004. Of the initial appointments of	29756
the eighth and ninth voting members made by the governor, one	29757
shall be for a term expiring December 31, 2007, and one shall be	29758
for a term expiring December 31, 2008. These voting members shall	29759
be appointed within sixty days after the effective date of this	29760
amendment. Thereafter, each such term shall be for three years,	29761
commencing on the first day of January and ending on the	29762
thirty-first day of December. Each appointment by the president of	29763
the senate and by the speaker of the house of representatives	29764
shall be for the balance of the then legislative biennium. Each	29765
member shall hold office from the date of the member's appointment	29766
until the end of the term for which the member was appointed. Any	29767
member appointed to fill a vacancy occurring prior to the	29768
expiration of the term for which the member's predecessor was	29769
appointed shall hold office for the remainder of such term. Any	29770
member shall continue in office subsequent to the expiration date	29771
of the member's term until the member's successor takes office, or	29772
until a period of sixty days has elapsed, whichever occurs first.	29773

(D) Members of the commission shall serve without	29774
compensation.	29775

(E) Organizational meetings of the commission shall be held	29776
at the first meeting of each calendar year. At each organizational	29777
meeting, the commission shall elect from among its voting members	29778
a chairperson, a vice-chairperson, and a secretary-treasurer, who	29779
shall serve until the next annual meeting. The commission shall	29780
adopt rules pursuant to section 111.15 of the Revised Code for the	29781
conduct of its internal business and shall keep a journal of its	29782
proceedings.	29783

(F) ~~Four~~Five voting members of the commission constitute a	29784
quorum, and the affirmative vote of ~~four~~five members is necessary	29785
for approval of any action taken by the commission. A vacancy in	29786
the membership of the commission does not impair a quorum from	29787
exercising all the rights and performing all the duties of the	29788
commission. Meetings of the commission may be held anywhere in the	29789
state, and shall be held in compliance with section 121.22 of the	29790
Revised Code.	29791

(G) All expenses incurred in carrying out this chapter are	29792
payable solely from money accrued under this chapter or	29793
appropriated for these purposes by the general assembly, and the	29794
commission shall incur no liability or obligation beyond such	29795
money.	29796

(H) The commission shall file an annual report of its	29797
activities and finances with the governor, director of budget and	29798
management, speaker of the house of representatives, president of	29799
the senate, and chairpersons of the house and senate finance	29800
committees.	29801

(I) There is hereby established in the state treasury the	29802
Ohio cultural facilities commission administration fund. All	29803
revenues of the commission shall be credited to that fund and to	29804
any accounts created in ~~the~~that fund with the commission's	29805
approval. All expenses of the commission, including reimbursement	29806
of, or payment to, any other fund or any governmental agency for	29807
advances made or services rendered to or on behalf of the	29808
commission, shall be paid from ~~the Ohio cultural facilities~~	29809
~~commission administration~~that fund as determined by or pursuant	29810
to directions of the commission. All investment earnings of ~~the~~	29811
~~administration~~that fund shall be credited to ~~the fund~~it and	29812
shall be allocated among any accounts created in the fund in the	29813
manner determined by the commission.	29814

(J) Title to all real property and lesser interests in real	29815
property acquired by the commission, including leasehold and other	29816
interests, pursuant to this chapter shall be taken in the name of	29817
the state and shall be held for the use and benefit of the	29818
commission. The commission shall not mortgage such real property	29819
and interests in real property. Title to other property and	29820
interests in it acquired by the commission pursuant to this	29821
chapter shall be taken in its name.	29822

Sec. 3383.09. (A) There is hereby created in the state	29823
treasury the cultural and sports facilities building fund, which	29824
shall consist of proceeds of obligations authorized to pay costs	29825
of Ohio cultural facilities and Ohio sports facilities for which	29826
appropriations are made by the general assembly. All investment	29827
earnings of the fund shall be credited to the fund.	29828

(B) The director of budget and management may transfer, to	29829
the Ohio cultural facilities commission administration fund,	29830
investment earnings credited, or the premium paid on any bonds	29831
issued on behalf of the commission and credited, to the cultural	29832
and sports facilities building fund that exceed the amounts	29833
required to meet estimated federal arbitrage rebate requirements	29834
when requested of the director of budget and management by the	29835
chairperson or executive director of the commission.	29836

Sec. 3501.17. (A) The expenses of the board of elections	29837
shall be paid from the county treasury, in pursuance of	29838
appropriations by the board of county commissioners, in the same	29839
manner as other county expenses are paid. If the board of county	29840
commissioners fails to appropriate an amount sufficient to provide	29841
for the necessary and proper expenses of the board of elections	29842
pertaining to the conduct of elections, other than expenses for	29843
employee compensation and benefits incurred in the conduct of	29844
elections, ~~such~~the board of elections may apply to the court of	29845
common pleas within the county, which shall fix the amount	29846
necessary to be appropriated, and ~~such~~that amount shall be	29847
appropriated. Payments shall be made upon vouchers of the board of	29848
elections certified to by its chairperson or acting chairperson	29849
and the director or deputy director, upon warrants of the county	29850
auditor. The board of elections shall not incur any obligation	29851
involving the expenditure of money unless there are moneys	29852
sufficient in the funds appropriated therefor to meet ~~such~~	29853
~~obligations~~the obligation pursuant to division (D) of section	29854
5705.41 of the Revised Code, and the board may transfer funds only	29855
as provided under sections 5705.14 to 5705.16 of the Revised Code.	29856
~~Such~~	29857

Those expenses shall be apportioned among the county and the	29858
various subdivisions as provided in this section, and the amount	29859
chargeable to each subdivision shall be withheld by the auditor	29860
from the moneys payable ~~thereto~~to the subdivision at the time of	29861
the next tax settlement. At the time of submitting budget	29862
estimates in each year, the board of elections shall submit to the	29863
taxing authority of each subdivision, upon the request of the	29864
subdivision, an estimate of the amount to be withheld ~~therefrom~~	29865
from the subdivision during the next fiscal year.	29866

(B) Except as otherwise provided in division (F) of this	29867
section, the entire compensation of the members of the board of	29868
elections and of the director, deputy director, and other	29869
employees in the board's offices; the expenditures for the rental,	29870
furnishing, and equipping of the office of the board and for the	29871
necessary office supplies for the use of the board; the	29872
expenditures for the acquisition, repair, care, and custody of the	29873
polling places, booths, guardrails, and other equipment for	29874
polling places; the cost of pollbooks, tally sheets, maps, flags,	29875
ballot boxes, and all other permanent records and equipment; the	29876
cost of all elections held in and for the state and county; and	29877
all other expenses of the board which are not chargeable to a	29878
political subdivision in accordance with this section shall be	29879
paid in the same manner as other county expenses are paid.	29880

(C) The compensation of judges and clerks of elections; the	29881
cost of renting, moving, heating, and lighting polling places and	29882
of placing and removing ballot boxes and other fixtures and	29883
equipment thereof; the cost of printing and delivering ballots,	29884
cards of instructions, and other election supplies; and all other	29885
expenses of conducting primaries and elections in the odd-numbered	29886
years shall be charged to the subdivisions in and for which such	29887
primaries or elections are held. The charge for each primary or	29888
general election in odd-numbered years for each subdivision shall	29889
be determined in the following manner: first, the total cost of	29890
all chargeable items used in conducting such elections shall be	29891
ascertained; second, the total charge shall be divided by the	29892
number of precincts participating in such election, in order to	29893
fix the cost per precinct; third, the cost per precinct shall be	29894
prorated by the board of elections to the subdivisions conducting	29895
elections for the nomination or election of offices in such	29896
precinct; fourth, the total cost for each subdivision shall be	29897
determined by adding the charges prorated to it in each precinct	29898
within the subdivision.	29899

(D) The entire cost of special elections held on a day other	29900
than the day of a primary or general election, both in	29901
odd-numbered or in even-numbered years, shall be charged to the	29902
subdivision. Where a special election is held on the same day as a	29903
primary or general election in an even-numbered year, the	29904
subdivision submitting the special election shall be charged only	29905
for the cost of ballots and advertising. Where a special election	29906
is held on the same day as a primary or general election in an	29907
odd-numbered year, the subdivision submitting the special election	29908
shall be charged for the cost of ballots and advertising for such	29909
special election, in addition to the charges prorated to such	29910
subdivision for the election or nomination of candidates in each	29911
precinct within the subdivision, as set forth in the preceding	29912
paragraph.	29913

(E) Where a special election is held on the day specified by	29914
division (E) of section 3501.01 of the Revised Code for the	29915
holding of a primary election, for the purpose of submitting to	29916
the voters of the state constitutional amendments proposed by the	29917
general assembly, and a subdivision conducts a special election on	29918
the same day, the entire cost of the special election shall be	29919
divided proportionally between the state and the subdivision based	29920
upon a ratio determined by the number of issues placed on the	29921
ballot by each, except as otherwise provided in division (G) of	29922
this section. Such proportional division of cost shall be made	29923
only to the extent funds are available for such purpose from	29924
amounts appropriated by the general assembly to the secretary of	29925
state. If a primary election is also being conducted in the	29926
subdivision, the costs shall be apportioned as otherwise provided	29927
in this section.	29928

(F) When a precinct is open during a general, primary, or	29929
special election solely for the purpose of submitting to the	29930
voters a statewide ballot issue, the state shall bear the entire	29931
cost of the election in that precinct and shall reimburse the	29932
county for all expenses incurred in opening the precinct.	29933

(G) The state shall bear the entire cost of advertising in	29934
newspapers statewide ballot issues, explanations of those issues,	29935
and arguments for or against those issues, as required by Section	29936
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	29937
and any other section of law and shall reimburse the counties for	29938
all expenses they incur for such advertising.	29939

(H) The cost of renting, heating, and lighting registration	29940
places; the cost of the necessary books, forms, and supplies for	29941
the conduct of registration; and the cost of printing and posting	29942
precinct registration lists shall be charged to the subdivision in	29943
which such registration is held.	29944

(I) As used in this section, "statewide ballot issue" means	29945
any ballot issue, whether proposed by the general assembly or by	29946
initiative or referendum, that is submitted to the voters	29947
throughout the state.	29948

Sec. 3701.023. (A) The department of health shall review	29949
applications for eligibility for the program for medically	29950
handicapped children that are submitted to the department by city	29951
and general health districts and physician providers approved in	29952
accordance with division (C) of this section. The department shall	29953
determine whether the applicants meet the medical and financial	29954
eligibility requirements established by the public health council	29955
pursuant to division (A)(1) of section 3701.021 of the Revised	29956
Code, and by the department in the manual of operational	29957
procedures and guidelines for the program for medically	29958
handicapped children developed pursuant to division (B) of that	29959
section. Referrals of potentially eligible children for the	29960
program may be submitted to the department on behalf of the child	29961
by parents, guardians, public health nurses, or any other	29962
interested person. The department of health may designate other	29963
agencies to refer applicants to the department of health.	29964

(B) In accordance with the procedures established in rules	29965
adopted under division (A)(4) of section 3701.021 of the Revised	29966
Code, the department of health shall authorize a provider or	29967
providers to provide to any Ohio resident under twenty-one years	29968
of age, without charge to the resident or the resident's family	29969
and without restriction as to the economic status of the resident	29970
or the resident's family, diagnostic services necessary to	29971
determine whether the resident ~~suffers from~~has a medically	29972
handicapping or potentially medically handicapping condition.	29973

(C) The department of health shall review the applications of	29974
health professionals, hospitals, medical equipment suppliers, and	29975
other individuals, groups, or agencies that apply to become	29976
providers. The department shall enter into a written agreement	29977
with each applicant who is determined, pursuant to the	29978
requirements set forth in rules adopted under division (A)(2) of	29979
section 3701.021 of the Revised Code, to be eligible to be a	29980
provider in accordance with the provider agreement required by the	29981
medical assistance program established under section 5111.01 of	29982
the Revised Code. No provider shall charge a medically handicapped	29983
child or the child's parent or guardian for services authorized by	29984
the department under division (B) or (D) of this section.	29985

The department, in accordance with rules adopted under	29986
division (A)(3) of section 3701.021 of the Revised Code, may	29987
disqualify any provider from further participation in the program	29988
for violating any requirement set forth in rules adopted under	29989
division (A)(2) of that section. The disqualification shall not	29990
take effect until a written notice, specifying the requirement	29991
violated and describing the nature of the violation, has been	29992
delivered to the provider and the department has afforded the	29993
provider an opportunity to appeal the disqualification under	29994
division (H) of this section.	29995

(D) The department of health shall evaluate applications from	29996
city and general health districts and approved physician providers	29997
for authorization to provide treatment services, service	29998
coordination, and related goods to children determined to be	29999
eligible for the program for medically handicapped children	30000
pursuant to division (A) of this section. The department shall	30001
authorize necessary treatment services, service coordination, and	30002
related goods for each eligible child in accordance with an	30003
individual plan of treatment for the child. As an alternative, the	30004
department may authorize payment of health insurance premiums on	30005
behalf of eligible children when the department determines, in	30006
accordance with criteria set forth in rules adopted under division	30007
(A)(9) of section 3701.021 of the Revised Code, that payment of	30008
the premiums is cost-effective.	30009

(E) The department of health shall pay, from appropriations	30010
to the department, any necessary expenses, including but not	30011
limited to, expenses for diagnosis, treatment, service	30012
coordination, supportive services, transportation, and accessories	30013
and their upkeep, provided to medically handicapped children,	30014
provided that the provision of the goods or services is authorized	30015
by the department under division (B) or (D) of this section. Money	30016
appropriated to the department of health may also be expended for	30017
reasonable administrative costs incurred by the program. The	30018
department of health also may purchase liability insurance	30019
covering the provision of services under the program for medically	30020
handicapped children by physicians and other health care	30021
professionals.	30022

Payments made to providers by the department of health	30023
pursuant to this division for inpatient hospital care, outpatient	30024
care, and all other medical assistance furnished ~~by hospitals~~ to	30025
eligible recipients ~~shall be in accordance with methods~~	30026
~~established by rules of the public health council. Until such~~	30027
~~rules are adopted, the department of health shall make payments to~~	30028
~~hospitals in accordance with reasonable cost principles for~~	30029
~~reimbursement under the medicare program established under Title~~	30030
~~XVIII of the "Social Security Act," 79 Stat. 286 (1965), 42~~	30031
~~U.S.C.A. 1395, as amended. Payments to providers for goods or~~	30032
~~services other than inpatient or outpatient hospital care~~ shall be	30033
made in accordance with rules adopted by the public health council	30034
pursuant to division (A) of section 3701.021 of the Revised Code.	30035

The departments of health and job and family services shall	30036
jointly implement procedures to ensure that duplicate payments are	30037
not made under the program for medically handicapped children and	30038
the medical assistance program established under section 5111.01	30039
of the Revised Code and to identify and recover duplicate	30040
payments.	30041

(F)~~(1)~~ At the time of applying for participation in the	30042
program for medically handicapped children, a medically	30043
handicapped child or the child's parent or guardian shall disclose	30044
the identity of any third party against whom the child or the	30045
child's parent or guardian has or may have a right of recovery for	30046
goods and services provided under division (B) or (D) of this	30047
section. ~~Except as provided in division (F)(2) of this section,~~	30048
~~the~~The department of health shall require a medically handicapped	30049
child who receives services from the program or the child's parent	30050
or guardian to apply for all third-party benefits for which the	30051
child may be eligible and require the child, parent, or guardian	30052
to apply all third-party benefits received to the amount	30053
determined under division (E) of this section as the amount	30054
payable for goods and services authorized under division (B) or	30055
(D) of this section. The department is the payer of last resort	30056
and shall pay for authorized goods or services, up to the amount	30057
determined under division (E) of this section for the authorized	30058
goods or services, only to the extent that payment for the	30059
authorized goods or services is not made through third-party	30060
benefits. When a third party fails to act on an application or	30061
claim for benefits by a medically handicapped child or the child's	30062
parent or guardian, the department shall pay for the goods or	30063
services only after ninety days have elapsed since the date the	30064
child, parents, or guardians made an application or claim for all	30065
third-party benefits~~, except as provided in division (F)(2) of~~	30066
~~this section~~. Third-party benefits received shall be applied to	30067
the amount determined under division (E) of this section.	30068
Third-party payments for goods and services not authorized under	30069
division (B) or (D) of this section shall not be applied to	30070
payment amounts determined under division (E) of this section.	30071
Payment made by the department shall be considered payment in full	30072
of the amount determined under division (E) of this section.	30073
Medicaid payments for persons eligible for the medical assistance	30074
program established under section 5111.01 of the Revised Code	30075
shall be considered payment in full of the amount determined under	30076
division (E) of this section.	30077

~~(2) A medically handicapped child or the parent or guardian~~	30078
~~of such a child is not required to apply for assistance under the~~	30079
~~medical assistance program established under section 5111.01 of~~	30080
~~the Revised Code as a condition for eligibility under the program~~	30081
~~for medically handicapped children if applying for or receiving~~	30082
~~assistance under the medical assistance program violates a~~	30083
~~religious belief of the child, parent, or guardian and a tenet of~~	30084
~~the child's, parent's, or guardian's religion.~~	30085

(G) The department of health shall administer a program to	30086
provide services to Ohio residents who are twenty-one or more	30087
years of age who ~~are suffering from~~have cystic fibrosis and who	30088
meet the eligibility requirements established by the rules of the	30089
public health council pursuant to division (A)(7) of section	30090
3701.021 of the Revised Code, subject to all provisions of this	30091
section, but not subject to section 3701.024 of the Revised Code.	30092

(H) The department of health shall provide for appeals, in	30093
accordance with rules adopted under section 3701.021 of the	30094
Revised Code, of denials of applications for the program for	30095
medically handicapped children under division (A) or (D) of this	30096
section, disqualification of providers, or amounts paid under	30097
division (E) of this section. Appeals under this division are not	30098
subject to Chapter 119. of the Revised Code.	30099

The department may designate ombudspersons to assist	30100
medically handicapped children or their parents or guardians, upon	30101
the request of the children, parents, or guardians, in filing	30102
appeals under this division and to serve as children's, parents',	30103
or guardians' advocates in matters pertaining to the	30104
administration of the program for medically handicapped children	30105
and eligibility for program services. The ombudspersons shall	30106
receive no compensation but shall be reimbursed by the department,	30107
in accordance with rules of the office of budget and management,	30108
for their actual and necessary travel expenses incurred in the	30109
performance of their duties.	30110

(I) The department of health, and city and general health	30111
districts providing service coordination pursuant to division	30112
(A)(2) of section 3701.024 of the Revised Code, shall provide	30113
service coordination in accordance with the standards set forth in	30114
the rules adopted under section 3701.021 of the Revised Code,	30115
without charge, and without restriction as to economic status.	30116

Sec. 3701.073. (A) The department of health is hereby	30117
designated as the state agency responsible for administering the	30118
medicare rural hospital flexibility program, as established in 42	30119
U.S.C. 1395i-4, as amended.	30120

(B) The director of health shall designate as a critical	30121
access hospital a hospital registered as an acute care hospital	30122
with the department under section 3701.07 of the Revised Code if	30123
the hospital meets the following requirements:	30124

(1) Has not more than twenty-five acute care and swing beds	30125
in use at any time for the furnishing of extended care or acute	30126
care inpatient services;	30127

(2) Has a length of stay not more than ninety-six hours per	30128
patient, on an annual average basis;	30129

(3) Provides inpatient, outpatient, emergency, laboratory,	30130
radiology, and twenty-four hour emergency care services;	30131

(4) Has network agreements in place for patient referral and	30132
transfer, a communication system for telemetry systems, electronic	30133
sharing of patient data, provision for emergency and non-emergency	30134
transportation, and assures credentialing and quality assurance;	30135

(5) Was certified as a critical access hospital by the	30136
centers for medicare and medicaid services between January 1,	30137
2001, and December 31, 2005, or is located in a rural area as	30138
identified below:	30139

(a) An area within an Ohio metropolitan area designated as a	30140
rural area by the United States department of health and human	30141
services, office of rural health policy, in accordance with 42	30142
C.F.R. 412.103 regarding rural urban commuting area codes four	30143
through ten in effect on the effective date of this section;	30144

(b) A non-metropolitan county as designated in United States	30145
office of management and budget bulletin no. 93-17, June 30, 1993,	30146
and its attachments;	30147

(c) A rural zip code within a metropolitan county as	30148
designated in United States office of management and budget	30149
bulletin no. 93-17, June 30, 1993, and its attachments.	30150

Sec. 3701.146. (A) In taking actions regarding tuberculosis,	30151
the director of health has all of the following duties and powers:	30152

(1) ~~The director shall make payments to boards of county~~	30153
~~commissioners in accordance with section 339.77 of the Revised~~	30154
~~Code.~~	30155

~~(2)~~ The director shall maintain registries of hospitals,	30156
clinics, physicians, or other care providers to whom the director	30157
shall refer persons who make inquiries to the department of health	30158
regarding possible exposure to tuberculosis.	30159

~~(3)~~(2) The director shall engage in tuberculosis surveillance	30160
activities, including the collection and analysis of	30161
epidemiological information relative to the frequency of	30162
tuberculosis infection, demographic and geographic distribution of	30163
tuberculosis cases, and trends pertaining to tuberculosis.	30164

~~(4)~~(3) The director shall maintain a tuberculosis registry to	30165
record the incidence of tuberculosis in this state.	30166

~~(5)~~(4) The director may appoint physicians to serve as	30167
tuberculosis consultants for geographic regions of the state	30168
specified by the director. Each tuberculosis consultant shall act	30169
in accordance with rules the director establishes and shall be	30170
responsible for advising and assisting physicians and other health	30171
care practitioners who participate in tuberculosis control	30172
activities and for reviewing medical records pertaining to the	30173
treatment provided to individuals with tuberculosis.	30174

(B)(1) The public health council shall adopt rules	30175
establishing standards for the following:	30176

(a) Performing tuberculosis screenings;

30177

(b) Performing examinations of individuals who have been	30178
exposed to tuberculosis and individuals who are suspected of	30179
having tuberculosis;	30180

30181

(d) Preventing individuals with communicable tuberculosis	30182
from infecting other individuals;	30183

(e) Performing laboratory tests for tuberculosis and studies	30184
of the resistance of tuberculosis to one or more drugs;	30185

(f) Selecting laboratories that provide in a timely fashion	30186
the results of a laboratory test for tuberculosis. The standards	30187
shall include a requirement that first consideration be given to	30188
laboratories located in this state.	30189

(2) Rules adopted pursuant to this section shall be adopted	30190
in accordance with Chapter 119. of the Revised Code and may be	30191
consistent with any recommendations or guidelines on tuberculosis	30192
issued by the United States centers for disease control and	30193
prevention or by the American thoracic society. The rules shall	30194
apply to county or district tuberculosis control units, physicians	30195
who examine and treat individuals for tuberculosis, and	30196
laboratories that perform tests for tuberculosis.	30197

Sec. 3701.65. (A) There is hereby created in the state	30198
treasury the "choose life" fund. The fund shall consist of the	30199
contributions that are paid to the registrar of motor vehicles by	30200
applicants who voluntarily elect to obtain "choose life" license	30201
plates pursuant to section 4503.91 of the Revised Code and any	30202
money returned to the fund under division (E)(1)(d) of this	30203
section. All investment earnings of the fund shall be credited to	30204
the fund.	30205

(B)(1) At least annually, the director of health shall	30206
distribute the money in the fund to any private, nonprofit	30207
organization that is eligible to receive funds under this section	30208
and that applies for funding under division (C) of this section.	30209

(2) The director shall distribute the funds based on the	30210
county in which the organization applying for funding is located	30211
and in proportion to the number of "choose life" license plates	30212
issued during the preceding year to vehicles registered in each	30213
county. Within each county, eligible organizations that apply for	30214
funding shall share equally in the funds available for	30215
distribution to organizations located within that county.	30216

(C) Any organization seeking funds under this section	30217
annually shall apply for distribution of the funds. The director	30218
shall develop an application form and may determine the schedule	30219
and procedures that an organization shall follow when annually	30220
applying for funds. The application shall inform the applicant of	30221
the conditions for receiving and using funds under division (E) of	30222
this section. The application shall require evidence that the	30223
organization meets all of the following requirements:	30224

(1) Is a private, nonprofit organization;

30225

(2) Is committed to counseling pregnant women about the	30226
option of adoption;	30227

(3) Provides services within the state to pregnant women who	30228
are planning to place their children for adoption, including	30229
counseling and meeting the material needs of the women;	30230

(4) Does not charge women for any services received;

30231

(5) Is not involved or associated with any abortion	30232
activities, including counseling for or referrals to abortion	30233
clinics, providing medical abortion-related procedures, or	30234
pro-abortion advertising;	30235

(6) Does not discriminate in its provision of any services on	30236
the basis of race, religion, color, age, marital status, national	30237
origin, handicap, gender, or age.	30238

(D) The director shall not distribute funds to an	30239
organization that does not provide verifiable evidence of the	30240
requirements specified in the application under division (C) of	30241
this section and shall not provide additional funds to any	30242
organization that fails to comply with division (E) of this	30243
section in regard to its previous receipt of funds under this	30244
section.	30245

(E)(1) An organization receiving funds under this section	30246
shall do all of the following:	30247

(a) Use not more than sixty per cent of the funds distributed	30248
to it for the material needs of pregnant women who are planning to	30249
place their children for adoption or for infants awaiting	30250
placement with adoptive parents, including clothing, housing,	30251
medical care, food, utilities, and transportation;	30252

(b) Use not more than forty per cent of the funds distributed	30253
to it for counseling, training, or advertising;	30254

(c) Not use any of the funds distributed to it for	30255
administrative expenses, legal expenses, or capital expenditures;	30256

(d) Annually return to the fund created under division (A) of	30257
this section any unused money that exceeds ten per cent of the	30258
money distributed to the organization.	30259

(2) The organization annually shall submit to the director an	30260
audited financial statement verifying its compliance with division	30261
(E)(1) of this section.	30262

(F) The director, in accordance with Chapter 119. of the	30263
Revised Code, shall adopt rules to implement this section.	30264

It is not the intent of the general assembly that the	30265
department create a new position within the department to	30266
implement and administer this section. It is the intent of the	30267
general assembly that the implementation and administration of	30268
this section be accomplished by existing department personnel.	30269

Sec. 3702.141. (A) As used in this section,:

30270

(1) "~~existing~~Existing health care facility" ~~has~~means a	30271
health care facility that is licensed or otherwise approved to	30272
practice in this state, in accordance with applicable law, is	30273
staffed and equipped to provide health care services, and actively	30274
provides health services or has not been actively providing health	30275
services for less than twelve consecutive months.	30276

(2) "Health care facility" and "health service" have the same	30277
~~meaning~~meanings as in section 3702.51 of the Revised Code.	30278

(B) Section 3702.14 of the Revised Code shall not be	30279
construed to require any existing health care facility that is	30280
conducting an activity specified in section 3702.11 of the Revised	30281
Code, which activity was initiated on or before March 20, 1997, to	30282
alter, upgrade, or otherwise improve the structure or fixtures of	30283
the facility in order to comply with any rule adopted under	30284
section 3702.11 of the Revised Code relating to that activity,	30285
unless one of the following applies:	30286

(1) The facility initiates a construction, renovation, or	30287
reconstruction project that involves a capital expenditure of at	30288
least fifty thousand dollars, not including expenditures for	30289
equipment or staffing or operational costs, and that directly	30290
involves the area in which the existing service is conducted.	30291

(2) The facility initiates another activity specified in	30292
section 3702.11 of the Revised Code.	30293

(3) The facility initiates a service level designation change	30294
for obstetric and newborn care.	30295

(4) The facility proposes to add a cardiac catheterization	30296
laboratory to an existing cardiac catheterization service.	30297

(5) The facility proposes to add an open-heart operating room	30298
to an existing open-heart surgery service.	30299

(6) The director of health determines, by clear and	30300
convincing evidence, that failure to comply with the rule would	30301
create an imminent risk to the health and welfare of any patient.	30302

(C) If division (B)(4) or (5) of this section applies, any	30303
alteration, upgrade, or other improvement required shall apply	30304
only to the proposed addition to the existing service if the cost	30305
of the addition is less than the capital expenditure threshold set	30306
forth in division (B)(1) of this section.	30307

(D) No person or government entity shall divide or otherwise	30308
segment a construction, renovation, or reconstruction project in	30309
order to evade application of the capital expenditure threshold	30310
set forth in division (B)(1) of this section.	30311

Sec. 3702.51. As used in sections 3702.51 to 3702.62 of the	30312
Revised Code:	30313

(A) "Applicant" means any person that submits an application	30314
for a certificate of need and who is designated in the application	30315
as the applicant.	30316

(B) "Person" means any individual, corporation, business	30317
trust, estate, firm, partnership, association, joint stock	30318
company, insurance company, government unit, or other entity.	30319

(C) "Certificate of need" means a written approval granted by	30320
the director of health to an applicant to authorize conducting a	30321
reviewable activity.	30322

(D) "Health service area" means a geographic region	30323
designated by the director of health under section 3702.58 of the	30324
Revised Code.	30325

(E) "Health service" means a clinically related service, such	30326
as a diagnostic, treatment, rehabilitative, or preventive service.	30327

(F) "Health service agency" means an agency designated to	30328
serve a health service area in accordance with section 3702.58 of	30329
the Revised Code.	30330

(G) "Health care facility" means:

30331

(1) A hospital registered under section 3701.07 of the	30332
Revised Code;	30333

(2) A nursing home licensed under section 3721.02 of the	30334
Revised Code, or by a political subdivision certified under	30335
section 3721.09 of the Revised Code;	30336

(3) A county home or a county nursing home as defined in	30337
section 5155.31 of the Revised Code that is certified under Title	30338
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	30339
U.S.C.A. 301, as amended;	30340

(4) A freestanding dialysis center;

30341

(5) A freestanding inpatient rehabilitation facility;

30342

(6) An ambulatory surgical facility;

30343

(7) A freestanding cardiac catheterization facility;

30344

(8) A freestanding birthing center;

30345

(9) A freestanding or mobile diagnostic imaging center;

30346

(10) A freestanding radiation therapy center.

30347

A health care facility does not include the offices of	30348
private physicians and dentists whether for individual or group	30349
practice, residential facilities licensed under section 5123.19 of	30350
the Revised Code, ~~or habilitation centers certified by the~~	30351
~~director of mental retardation and developmental disabilities~~	30352
~~under section 5123.041 of the Revised Code,~~ or an institution for	30353
the sick that is operated exclusively for patients who use	30354
spiritual means for healing and for whom the acceptance of medical	30355
care is inconsistent with their religious beliefs, accredited by a	30356
national accrediting organization, exempt from federal income	30357
taxation under section 501 of the Internal Revenue Code of 1986,	30358
100 Stat. 2085, 26 U.S.C.A. 1, as amended, and providing	30359
twenty-four hour nursing care pursuant to the exemption in	30360
division (E) of section 4723.32 of the Revised Code from the	30361
licensing requirements of Chapter 4723. of the Revised Code.	30362

(H) "Medical equipment" means a single unit of medical	30363
equipment or a single system of components with related functions	30364
that is used to provide health services.	30365

(I) "Third-party payer" means a health insuring corporation	30366
licensed under Chapter 1751. of the Revised Code, a health	30367
maintenance organization as defined in division (K) of this	30368
section, an insurance company that issues sickness and accident	30369
insurance in conformity with Chapter 3923. of the Revised Code, a	30370
state-financed health insurance program under Chapter 3701.,	30371
4123., or 5111. of the Revised Code, or any self-insurance plan.	30372

(J) "Government unit" means the state and any county,	30373
municipal corporation, township, or other political subdivision of	30374
the state, or any department, division, board, or other agency of	30375
the state or a political subdivision.	30376

(K) "Health maintenance organization" means a public or	30377
private organization organized under the law of any state that is	30378
qualified under section 1310(d) of Title XIII of the "Public	30379
Health Service Act," 87 Stat. 931 (1973), 42 U.S.C. 300e-9.	30380

(L) "Existing health care facility" means aeither of the	30381
following:	30382

(1) A health care facility that is licensed or otherwise	30383
~~approved~~authorized to ~~practice~~operate in this state, in	30384
accordance with applicable law, is staffed and equipped to provide	30385
health care services, and is actively ~~provides~~providing health	30386
services ~~or has not been actively providing health services for~~	30387
~~less than twelve consecutive months~~;	30388

(2) A health care facility that is licensed or has beds	30389
registered under section 3701.07 of the Revised Code as skilled	30390
nursing beds or long-term care beds and has provided services for	30391
at least three hundred sixty-five consecutive days within the	30392
twenty-four months immediately preceding the date a certificate of	30393
need application is filed with the director of health.	30394

(M) "State" means the state of Ohio, including, but not	30395
limited to, the general assembly, the supreme court, the offices	30396
of all elected state officers, and all departments, boards,	30397
offices, commissions, agencies, institutions, and other	30398
instrumentalities of the state of Ohio. "State" does not include	30399
political subdivisions.	30400

(N) "Political subdivision" means a municipal corporation,	30401
township, county, school district, and all other bodies corporate	30402
and politic responsible for governmental activities only in	30403
geographic areas smaller than that of the state to which the	30404
sovereign immunity of the state attaches.	30405

(O) "Affected person" means:

30406

(1) An applicant for a certificate of need, including an	30407
applicant whose application was reviewed comparatively with the	30408
application in question;	30409

(2) The person that requested the reviewability ruling in	30410
question;	30411

(3) Any person that resides or regularly uses health care	30412
facilities within the geographic area served or to be served by	30413
the health care services that would be provided under the	30414
certificate of need or reviewability ruling in question;	30415

(4) Any health care facility that is located in the health	30416
service area where the health care services would be provided	30417
under the certificate of need or reviewability ruling in question;	30418

(5) Third-party payers that reimburse health care facilities	30419
for services in the health service area where the health care	30420
services would be provided under the certificate of need or	30421
reviewability ruling in question;	30422

(6) Any other person who testified at a public hearing held	30423
under division (B) of section 3702.52 of the Revised Code or	30424
submitted written comments in the course of review of the	30425
certificate of need application in question.	30426

(P) "Osteopathic hospital" means a hospital registered under	30427
section 3701.07 of the Revised Code that advocates osteopathic	30428
principles and the practice and perpetuation of osteopathic	30429
medicine by doing any of the following:	30430

(1) Maintaining a department or service of osteopathic	30431
medicine or a committee on the utilization of osteopathic	30432
principles and methods, under the supervision of an osteopathic	30433
physician;	30434

(2) Maintaining an active medical staff, the majority of	30435
which is comprised of osteopathic physicians;	30436

(3) Maintaining a medical staff executive committee that has	30437
osteopathic physicians as a majority of its members.	30438

(Q) "Ambulatory surgical facility" has the same meaning as in	30439
section 3702.30 of the Revised Code.	30440

(R) Except as otherwise provided in division (T) of this	30441
section, and until the termination date specified in section	30442
3702.511 of the Revised Code, "reviewable activity" means any of	30443
the following:	30444

(1) The addition by any person of any of the following health	30445
services, regardless of the amount of operating costs or capital	30446
expenditures:	30447

(a) A heart, heart-lung, lung, liver, kidney, bowel,	30448
pancreas, or bone marrow transplantation service, a stem cell	30449
harvesting and reinfusion service, or a service for	30450
transplantation of any other organ unless transplantation of the	30451
organ is designated by public health council rule not to be a	30452
reviewable activity;	30453

(b) A cardiac catheterization service;

30454

30455

(d) Any new, experimental medical technology that is	30456
designated by rule of the public health council.	30457

(2) The acceptance of high-risk patients, as defined in rules	30458
adopted under section 3702.57 of the Revised Code, by any cardiac	30459
catheterization service that was initiated without a certificate	30460
of need pursuant to division (R)(3)(b) of the version of this	30461
section in effect immediately prior to April 20, 1995;	30462

(3)(a) The establishment, development, or construction of a	30463
new health care facility other than a new long-term care facility	30464
or a new hospital;	30465

(b) The establishment, development, or construction of a new	30466
hospital or the relocation of an existing hospital;	30467

(c) The relocation of hospital beds, other than long-term	30468
care, perinatal, or pediatric intensive care beds, into or out of	30469
a rural area.	30470

(4)(a) The replacement of an existing hospital;

30471

(b) The replacement of an existing hospital obstetric or	30472
newborn care unit or freestanding birthing center.	30473

(5)(a) The renovation of a hospital that involves a capital	30474
expenditure, obligated on or after ~~the effective date of this~~	30475
~~amendment~~June 30, 1995, of five million dollars or more, not	30476
including expenditures for equipment, staffing, or operational	30477
costs. For purposes of division (R)(5)(a) of this section, a	30478
capital expenditure is obligated:	30479

(i) When a contract enforceable under Ohio law is entered	30480
into for the construction, acquisition, lease, or financing of a	30481
capital asset;	30482

(ii) When the governing body of a hospital takes formal	30483
action to commit its own funds for a construction project	30484
undertaken by the hospital as its own contractor;	30485

(iii) In the case of donated property, on the date the gift	30486
is completed under applicable Ohio law.	30487

(b) The renovation of a hospital obstetric or newborn care	30488
unit or freestanding birthing center that involves a capital	30489
expenditure of five million dollars or more, not including	30490
expenditures for equipment, staffing, or operational costs.	30491

(6) Any change in the health care services, bed capacity, or	30492
site, or any other failure to conduct the reviewable activity in	30493
substantial accordance with the approved application for which a	30494
certificate of need was granted, if the change is made prior to	30495
the date the activity for which the certificate was issued ceases	30496
to be a reviewable activity;	30497

(7) Any of the following changes in perinatal bed capacity or	30498
pediatric intensive care bed capacity:	30499

(a) An increase in bed capacity;

30500

(b) A change in service or service-level designation of	30501
newborn care beds or obstetric beds in a hospital or freestanding	30502
birthing center, other than a change of service that is provided	30503
within the service-level designation of newborn care or obstetric	30504
beds as registered by the department of health;	30505

(c) A relocation of perinatal or pediatric intensive care	30506
beds from one physical facility or site to another, excluding the	30507
relocation of beds within a hospital or freestanding birthing	30508
center or the relocation of beds among buildings of a hospital or	30509
freestanding birthing center at the same site.	30510

(8) The expenditure of more than one hundred ten per cent of	30511
the maximum expenditure specified in a certificate of need;	30512

(9) Any transfer of a certificate of need issued prior to	30513
April 20, 1995, from the person to whom it was issued to another	30514
person before the project that constitutes a reviewable activity	30515
is completed, any agreement that contemplates the transfer of a	30516
certificate of need issued prior to that date upon completion of	30517
the project, and any transfer of the controlling interest in an	30518
entity that holds a certificate of need issued prior to that date.	30519
However, the transfer of a certificate of need issued prior to	30520
that date or agreement to transfer such a certificate of need from	30521
the person to whom the certificate of need was issued to an	30522
affiliated or related person does not constitute a reviewable	30523
transfer of a certificate of need for the purposes of this	30524
division, unless the transfer results in a change in the person	30525
that holds the ultimate controlling interest in the certificate of	30526
need.	30527

(10)(a) The acquisition by any person of any of the following	30528
medical equipment, regardless of the amount of operating costs or	30529
capital expenditure:	30530

(i) A cobalt radiation therapy unit;

30531

(ii) A linear accelerator;

30532

(iii) A gamma knife unit.

30533

(b) The acquisition by any person of medical equipment with a	30534
cost of two million dollars or more. The cost of acquiring medical	30535
equipment includes the sum of the following:	30536

(i) The greater of its fair market value or the cost of its	30537
lease or purchase;	30538

(ii) The cost of installation and any other activities	30539
essential to the acquisition of the equipment and its placement	30540
into service.	30541

(11) The addition of another cardiac catheterization	30542
laboratory to an existing cardiac catheterization service.	30543

(S) Except as provided in division (T) of this section,	30544
"reviewable activity" also means any of the following activities,	30545
none of which are subject to a termination date:	30546

(1) The establishment, development, or construction of a new	30547
long-term care facility;	30548

(2) The replacement of an existing long-term care facility;

30549

(3) The renovation of a long-term care facility that involves	30550
a capital expenditure of two million dollars or more, not	30551
including expenditures for equipment, staffing, or operational	30552
costs;	30553

(4) Any of the following changes in long-term care bed	30554
capacity:	30555

(a) An increase in bed capacity;

30556

(b) A relocation of beds from one physical facility or site	30557
to another, excluding the relocation of beds within a long-term	30558
care facility or among buildings of a long-term care facility at	30559
the same site;	30560

(c) A recategorization of hospital beds registered under	30561
section 3701.07 of the Revised Code from another registration	30562
category to skilled nursing beds or long-term care beds.	30563

(5) Any change in the health services, bed capacity, or site,	30564
or any other failure to conduct the reviewable activity in	30565
substantial accordance with the approved application for which a	30566
certificate of need concerning long-term care beds was granted, if	30567
the change is made within five years after the implementation of	30568
the reviewable activity for which the certificate was granted;	30569

(6) The expenditure of more than one hundred ten per cent of	30570
the maximum expenditure specified in a certificate of need	30571
concerning long-term care beds;	30572

(7) Any transfer of a certificate of need that concerns	30573
long-term care beds and was issued prior to April 20, 1995, from	30574
the person to whom it was issued to another person before the	30575
project that constitutes a reviewable activity is completed, any	30576
agreement that contemplates the transfer of such a certificate of	30577
need upon completion of the project, and any transfer of the	30578
controlling interest in an entity that holds such a certificate of	30579
need. However, the transfer of a certificate of need that concerns	30580
long-term care beds and was issued prior to April 20, 1995, or	30581
agreement to transfer such a certificate of need from the person	30582
to whom the certificate was issued to an affiliated or related	30583
person does not constitute a reviewable transfer of a certificate	30584
of need for purposes of this division, unless the transfer results	30585
in a change in the person that holds the ultimate controlling	30586
interest in the certificate of need.	30587

(T) "Reviewable activity" does not include any of the	30588
following activities:	30589

(1) Acquisition of computer hardware or software;

30590

(2) Acquisition of a telephone system;

30591

(3) Construction or acquisition of parking facilities;

30592

(4) Correction of cited deficiencies that are in violation of	30593
federal, state, or local fire, building, or safety laws and rules	30594
and that constitute an imminent threat to public health or safety;	30595

(5) Acquisition of an existing health care facility that does	30596
not involve a change in the number of the beds, by service, or in	30597
the number or type of health services;	30598

(6) Correction of cited deficiencies identified by	30599
accreditation surveys of the joint commission on accreditation of	30600
healthcare organizations or of the American osteopathic	30601
association;	30602

(7) Acquisition of medical equipment to replace the same or	30603
similar equipment for which a certificate of need has been issued	30604
if the replaced equipment is removed from service;	30605

(8) Mergers, consolidations, or other corporate	30606
reorganizations of health care facilities that do not involve a	30607
change in the number of beds, by service, or in the number or type	30608
of health services;	30609

(9) Construction, repair, or renovation of bathroom	30610
facilities;	30611

(10) Construction of laundry facilities, waste disposal	30612
facilities, dietary department projects, heating and air	30613
conditioning projects, administrative offices, and portions of	30614
medical office buildings used exclusively for physician services;	30615

(11) Acquisition of medical equipment to conduct research	30616
required by the United States food and drug administration or	30617
clinical trials sponsored by the national institute of health. Use	30618
of medical equipment that was acquired without a certificate of	30619
need under division (T)(11) of this section and for which	30620
premarket approval has been granted by the United States food and	30621
drug administration to provide services for which patients or	30622
reimbursement entities will be charged shall be a reviewable	30623
activity.	30624

(12) Removal of asbestos from a health care facility.

30625

Only that portion of a project that meets the requirements of	30626
division (T) of this section is not a reviewable activity.	30627

(U) "Small rural hospital" means a hospital that is located	30628
within a rural area, has fewer than one hundred beds, and to which	30629
fewer than four thousand persons were admitted during the most	30630
recent calendar year.	30631

(V) "Children's hospital" means any of the following:

30632

(1) A hospital registered under section 3701.07 of the	30633
Revised Code that provides general pediatric medical and surgical	30634
care, and in which at least seventy-five per cent of annual	30635
inpatient discharges for the preceding two calendar years were	30636
individuals less than eighteen years of age;	30637

(2) A distinct portion of a hospital registered under section	30638
3701.07 of the Revised Code that provides general pediatric	30639
medical and surgical care, has a total of at least one hundred	30640
fifty registered pediatric special care and pediatric acute care	30641
beds, and in which at least seventy-five per cent of annual	30642
inpatient discharges for the preceding two calendar years were	30643
individuals less than eighteen years of age;	30644

(3) A distinct portion of a hospital, if the hospital is	30645
registered under section 3701.07 of the Revised Code as a	30646
children's hospital and the children's hospital meets all the	30647
requirements of division (V)(1) of this section.	30648

(W) "Long-term care facility" means any of the following:

30649

(1) A nursing home licensed under section 3721.02 of the	30650
Revised Code or by a political subdivision certified under section	30651
3721.09 of the Revised Code;	30652

(2) The portion of any facility, including a county home or	30653
county nursing home, that is certified as a skilled nursing	30654
facility or a nursing facility under Title XVIII or XIX of the	30655
"Social Security Act";	30656

(3) The portion of any hospital that contains beds registered	30657
under section 3701.07 of the Revised Code as skilled nursing beds	30658
or long-term care beds.	30659

(X) "Long-term care bed" means a bed in a long-term care	30660
facility.	30661

(Y) "Perinatal bed" means a bed in a hospital that is	30662
registered under section 3701.07 of the Revised Code as a newborn	30663
care bed or obstetric bed, or a bed in a freestanding birthing	30664
center.	30665

(Z) "Freestanding birthing center" means any facility in	30666
which deliveries routinely occur, regardless of whether the	30667
facility is located on the campus of another health care facility,	30668
and which is not licensed under Chapter 3711. of the Revised Code	30669
as a level one, two, or three maternity unit or a limited	30670
maternity unit.	30671

(AA)(1) "Reviewability ruling" means a ruling issued by the	30672
director of health under division (A) of section 3702.52 of the	30673
Revised Code as to whether a particular proposed project is or is	30674
not a reviewable activity.	30675

(2) "Nonreviewability ruling" means a ruling issued under	30676
that division that a particular proposed project is not a	30677
reviewable activity.	30678

(BB)(1) "Metropolitan statistical area" means an area of this	30679
state designated a metropolitan statistical area or primary	30680
metropolitan statistical area in United States office of	30681
management and budget bulletin No. 93-17, June 30, 1993, and its	30682
attachments.	30683

(2) "Rural area" means any area of this state not located	30684
within a metropolitan statistical area.	30685

Sec. 3702.68. (A) Notwithstanding sections 3702.51 to	30686
3702.62 of the Revised Code, this section applies to the review of	30687
certificate of need applications during the period beginning July	30688
1, 1993, and ending June 30, ~~2005~~2007.	30689

As used in this section, "existing health care facility" has	30690
the same meaning as in section 3702.51 of the Revised Code.	30691

(B)(1) Except as provided in division (B)(2) of this section,	30692
the director of health shall neither grant nor deny any	30693
application for a certificate of need submitted prior to July 1,	30694
1993, if the application was for any of the following and the	30695
director had not issued a written decision concerning the	30696
application prior to that date:	30697

(a) Approval of beds in a new health care facility or an	30698
increase of beds in an existing health care facility, if the beds	30699
are proposed to be licensed as nursing home beds under Chapter	30700
3721. of the Revised Code;	30701

(b) Approval of beds in a new county home or new county	30702
nursing home as defined in section 5155.31 of the Revised Code, or	30703
an increase of beds in an existing county home or existing county	30704
nursing home, if the beds are proposed to be certified as skilled	30705
nursing facility beds under Title XVIII or nursing facility beds	30706
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	30707
42 U.S.C.A. 301, as amended;	30708

(c) Recategorization of hospital beds as described in section	30709
3702.522 of the Revised Code, an increase of hospital beds	30710
registered pursuant to section 3701.07 of the Revised Code as	30711
long-term care beds or skilled nursing facility beds, or a	30712
recategorization of hospital beds that would result in an increase	30713
of beds registered pursuant to that section as long-term care beds	30714
or skilled nursing facility beds.	30715

On July 1, 1993, the director shall return each such	30716
application to the applicant and, notwithstanding section 3702.52	30717
of the Revised Code regarding the uses of the certificate of need	30718
fund, shall refund to the applicant the application fee paid under	30719
that section. Applications returned under division (B)(1) of this	30720
section may be resubmitted in accordance with section 3702.52 of	30721
the Revised Code no sooner than July 1, ~~2005~~2007.	30722

(2) The director shall continue to review and shall issue a	30723
decision regarding any application submitted prior to July 1,	30724
1993, to increase beds for either of the purposes described in	30725
division (B)(1)(a) or (b) of this section if the proposed increase	30726
in beds is attributable solely to a replacement or relocation of	30727
existing beds within the same county. The director shall authorize	30728
under such an application no additional beds beyond those being	30729
replaced or relocated.	30730

(C)(1) Except as provided in division (C)(2) of this section,	30731
the director, during the period beginning July 1, 1993, and ending	30732
June 30, ~~2005~~2007, shall not accept for review under section	30733
3702.52 of the Revised Code any application for a certificate of	30734
need for any of the purposes described in divisions (B)(1)(a) to	30735
(c) of this section.	30736

(2)(a) The director shall accept for review any application	30737
for either of the purposes described in division (B)(1)(a) or (b)	30738
of this section if the proposed increase in beds is attributable	30739
solely to a replacement or relocation of existing beds from an	30740
existing health care facility within the same county. The director	30741
shall authorize under such an application no additional beds	30742
beyond those being replaced or relocated. ~~The~~	30743

The director shall not approve an application for a	30744
certificate of need for addition of long-term care beds to an	30745
existing health care facility by relocation of beds or for the	30746
development of a new health care facility by relocation of beds	30747
unless all of the following conditions are met:	30748

(i) The existing health care facility to which the beds are	30749
being relocated has no life safety code waivers, no state fire	30750
code violations, and no state building code violations;	30751

(ii) During the sixty month period preceding the filing of	30752
the application, no notice of proposed revocation of the	30753
facility's license was issued under section 3721.03 of the Revised	30754
Code to the operator of the existing facility to which the beds	30755
are being relocated or to any health care facility owned or	30756
operated by the applicant or any principal participant in the same	30757
corporation or other business;	30758

(iii) Neither the existing health care facility to which the	30759
beds are being relocated nor any health care facility owned or	30760
operated by the applicant or any principal participant in the same	30761
corporation or other business has had a long-standing pattern of	30762
violations of this chapter or deficiencies that caused one or more	30763
residents physical, emotional, mental, or psychosocial harm.	30764

(b) The director also shall accept for review any application	30765
~~that seeks certificate of need approval~~ for ~~existing~~the	30766
conversion of infirmary beds ~~located in an~~to long-term care beds	30767
if the infirmary ~~that is~~meets all of the following conditions:	30768

(i) Is operated exclusively by a religious order~~, provides~~;

30769

(ii) Provides care exclusively to members of religious orders	30770
who take vows of celibacy and live by virtue of their vows within	30771
the orders as if related~~, and was~~;	30772

(iii) Was providing care exclusively to members of such a	30773
religious order on January 1, 1994.	30774

(D) The director shall issue a decision regarding any case	30775
remanded by a court as the result of a decision issued by the	30776
director prior to July 1, 1993, to grant, deny, or withdraw a	30777
certificate of need for any of the purposes described in divisions	30778
(B)(1)(a) to (c) of this section.	30779

(E) The director shall not project the need for beds listed	30780
in division (B)(1) of this section for the period beginning July	30781
1, 1993, and ending June 30, ~~2005~~2007.	30782

This section is an interim section effective until July 1,	30783
~~2005~~2007.	30784

Sec. 3702.71. As used in sections 3702.71 to 3702.81 of the	30785
Revised Code:	30786

(A) "Primary care physician" means an individual who is	30787
authorized under Chapter 4731. of the Revised Code to practice	30788
medicine and surgery or osteopathic medicine and surgery and is	30789
board certified or board eligible in a primary care specialty.	30790

(B) "Primary care service" means professional comprehensive	30791
personal health services, which may include health education and	30792
disease prevention, treatment of uncomplicated health problems,	30793
diagnosis of chronic health problems, ~~and~~ overall management of	30794
health care services for an individual or a family, and the	30795
services of a psychiatrist. "Primary care service" also includes	30796
providing the initial contact for health care services and making	30797
referrals for secondary and tertiary care and for continuity of	30798
health care services.	30799

(C) "Primary care specialty" means general internal medicine,	30800
pediatrics, obstetrics and gynecology, psychiatry, or family	30801
practice.	30802

Sec. 3702.74. (A) A primary care physician who has signed a	30803
letter of intent under section 3702.73 of the Revised Code, the	30804
director of health, and the Ohio board of regents may enter into a	30805
contract for the physician's participation in the physician loan	30806
repayment program. A lending institution may also be a party to	30807
the contract.	30808

(B) The contract shall include all of the following	30809
obligations:	30810

(1) The primary care physician agrees to provide primary care	30811
services in the health resource shortage area identified in the	30812
letter of intent for at least two years or one year per twenty	30813
thousand dollars of repayment agreed to under division (B)(3) of	30814
this section, whichever is greater;	30815

(2) When providing primary care services in the health	30816
resource shortage area, the primary care physician agrees to do	30817
all of the following:	30818

(a) Provide primary care services for a minimum of forty	30819
hours per week;	30820

(b) Provide primary care services without regard to a	30821
patient's ability to pay;	30822

(c) Meet the conditions prescribed by the "Social Security	30823
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	30824
department of job and family services for participation in the	30825
medical assistance program established under Chapter 5111. of the	30826
Revised Code and enter into a contract with the department to	30827
provide primary care services to recipients of the medical	30828
assistance program;	30829

~~(d) Meet the conditions established by the department of job~~	30830
~~and family services for participation in the disability medical~~	30831
~~assistance program established under Chapter 5115. of the Revised~~	30832
~~Code and enter into a contract with the department to provide~~	30833
~~primary care services to recipients of disability medical~~	30834
~~assistance~~.	30835

(3) The Ohio board of regents agrees, as provided in section	30836
3702.75 of the Revised Code, to repay, so long as the primary care	30837
physician performs the service obligation agreed to under division	30838
(B)(1) of this section, all or part of the principal and interest	30839
of a government or other educational loan taken by the primary	30840
care physician for expenses described in section 3702.75 of the	30841
Revised Code;	30842

(4) The primary care physician agrees to pay the board the	30843
following as damages if the physician fails to complete the	30844
service obligation agreed to under division (B)(1) of this	30845
section:	30846

(a) If the failure occurs during the first two years of the	30847
service obligation, three times the total amount the board has	30848
agreed to repay under division (B)(3) of this section;	30849

(b) If the failure occurs after the first two years of the	30850
service obligation, three times the amount the board is still	30851
obligated to repay under division (B)(3) of this section.	30852

(C) The contract may include any other terms agreed upon by	30853
the parties, including an assignment to the Ohio board of regents	30854
of the physician's duty to pay the principal and interest of a	30855
government or other educational loan taken by the physician for	30856
expenses described in section 3702.75 of the Revised Code. If the	30857
board assumes the physician's duty to pay a loan, the contract	30858
shall set forth the total amount of principal and interest to be	30859
paid, an amortization schedule, and the amount of each payment to	30860
be made under the schedule.	30861

Sec. 3702.83. The department of health shall administer a	30862
program, to be known as the J-1 visa waiver program, for	30863
recruiting physicians who received graduate medical education or	30864
training in the United States but are not citizens of the United	30865
States to serve in areas of the state designated by the United	30866
States secretary of health and human services as health	30867
professional shortage areas under the "Public Health Service Act,"	30868
88 Stat. 682 (1944), 42 U.S.C. 254(e), as amended. Under the	30869
program, the department of health shall accept and review	30870
applications for placement of persons seeking to remain in the	30871
United States pursuant to the "Immigration and Nationality Act,"	30872
66 Stat. 163 (1952), 8 U.S.C. 1182(J)(1) and 1184(l), as amended,	30873
by obtaining a waiver of the federal requirement that they return	30874
to their home countries for a minimum of two years after	30875
completing the graduate medical education or training for which	30876
they were admitted to the United States. The department shall	30877
administer the program in accordance with the "Immigration and	30878
Nationality Act" and the regulations adopted under it.	30879

For each application accepted for review under this section,	30880
the department shall charge a fee of three thousand five hundred	30881
seventy-one dollars. The fee is nonrefundable. All fees collected	30882
shall be deposited into the state treasury to the credit of	30883
general operations fund created in section 3701.83 of the Revised	30884
Code.	30885

Sec. 3703.01. (A) The division of industrial compliance in	30886
the department of commerce shall:	30887

(1) Inspect all nonresidential buildings within the meaning	30888
of section 3781.06 of the Revised Code;	30889

(2) Condemn all unsanitary or defective plumbing that is	30890
found in connection with those places;	30891

(3) Order changes in plumbing necessary to insure the safety	30892
of the public health.	30893

(B)(1) The division of industrial compliance and boards of	30894
health of city and general health districts shall not inspect	30895
plumbing or collect fees for inspecting plumbing in particular	30896
types of buildings in any municipal corporation that has been	30897
certified by the board of building standards under section 3781.10	30898
of the Revised Code to exercise enforcement authority for plumbing	30899
in such types of buildings.	30900

(2) The division shall not inspect plumbing or collect fees	30901
for inspecting plumbing in particular types of buildings in any	30902
health district that has employed one or more approved plumbing	30903
inspectors to enforce Chapters 3781. and 3791. of the Revised Code	30904
and the rules adopted pursuant to those chapters relating to	30905
plumbing in such types of buildings.	30906

(3) A municipal corporation does not have jurisdiction to	30907
inspect plumbing or collect fees for the inspection of plumbing in	30908
types of buildings for which it has not been certified by the	30909
board of building standards under section 3781.10 of the Revised	30910
Code to exercise enforcement authority.	30911

(4) A board of health of a health district does not have	30912
jurisdiction to inspect plumbing or collect fees for the	30913
inspection of plumbing in types of buildings for which it does not	30914
have an approved plumbing inspector.	30915

(C) The superintendent of industrial compliance shall adopt	30916
rules prescribing minimum qualifications based on education,	30917
training, experience, or demonstrated ability, which the ~~director~~	30918
superintendent shall use in ~~approving~~certifying or recertifying	30919
plumbing inspectors to do plumbing inspections for health	30920
districts and for continuing education of plumbing inspectors.	30921
Such minimum qualifications shall be related to the types of	30922
buildings for which a person seeks approval.	30923

(D) The superintendent may enter into reciprocal	30924
registration, licensure, or certification agreements with other	30925
states and other agencies of this state relative to plumbing	30926
inspectors if both of the following apply:	30927

(1) The requirements for registration, licensure, or	30928
certification of plumbing inspectors under the laws of the other	30929
state or laws administered by the other agency are substantially	30930
equal to the requirements the superintendent adopts under division	30931
(C) of this section for certifying plumbing inspectors.	30932

(2) The other state or agency extends similar reciprocity to	30933
persons certified under this chapter.	30934

(E) The superintendent may select and contract with one or	30935
more persons to do all of the following regarding examinations for	30936
certification of plumbing inspectors:	30937

(1) Prepare, administer, score, and maintain the	30938
confidentiality of the examination;	30939

(2) Maintain responsibility for all expenses required to	30940
comply with division (E)(1) of this section;	30941

(3) Charge each applicant a fee for administering the	30942
examination in an amount the superintendent authorizes;	30943

(4) Design the examination for certification of plumbing	30944
inspectors to determine an applicant's competence to inspect	30945
plumbing.	30946

(F) Standards and methods prescribed in local plumbing	30947
regulations shall not be less than those prescribed in Chapters	30948
3781. and 3791. of the Revised Code and the rules adopted pursuant	30949
to those chapters.	30950

~~(E)~~(G) Notwithstanding any other provision of this section,	30951
the division shall make a plumbing inspection of any building or	30952
other place that there is reason to believe is in a condition to	30953
be a menace to the public health.	30954

Sec. 3703.03. In the administration of sections 3703.01 to	30955
3703.09 of the Revised Code, the division of industrial compliance	30956
~~in the department of commerce~~ shall enforce rules governing	30957
plumbing adopted by the board of building standards under	30958
authority of sections 3781.10 and 3781.11 of the Revised Code, and	30959
register those persons engaged in or at the plumbing business.	30960

Plans and specifications for all plumbing to be installed in	30961
or for buildings coming within such sections shall be submitted to	30962
and approved by the division before the contract for plumbing is	30963
let.	30964

Sec. 3703.04. The ~~director~~superintendent of ~~commerce~~	30965
industrial compliance shall appoint such number of plumbing	30966
inspectors as is required. The inspectors shall be practical	30967
plumbers with at least seven years' experience, and skilled and	30968
well-trained in matters pertaining to sanitary regulations	30969
concerning plumbing work.	30970

~~No plumbing inspector employed by the department and assigned~~	30971
~~to the enforcement of this chapter shall be engaged or interested~~	30972
~~in the plumbing business or the sale of any plumbing supplies, nor~~	30973
~~shall the inspector act as agent, directly or indirectly, for any~~	30974
~~person so engaged.~~	30975

Sec. 3703.05. Plumbing inspectors employed by the ~~department~~	30976
division of ~~commerce~~industrial compliance assigned to the	30977
enforcement of sections 3703.01 to 3703.09 of the Revised Code,	30978
may, between sunrise and sunset, enter any building where there is	30979
good and sufficient reason to believe that the sanitary condition	30980
of the premises endangers the public health, for the purpose of	30981
making an inspection to ascertain the condition of the premises.	30982

Sec. 3703.06. When any building is found to be in a sanitary	30983
condition or when changes which are ordered, under authority of	30984
this chapter, in the plumbing, drainage, or ventilation have been	30985
made, and after a thorough inspection and approval by the ~~division~~	30986
superintendent of industrial compliance ~~in the department of~~	30987
~~commerce~~, the ~~division~~superintendent shall issue a certificate	30988
~~signed by the superintendent of the division of industrial~~	30989
~~compliance~~, which ~~must~~shall be posted in a conspicuous place for	30990
the benefit of the public at large. Upon notification by the	30991
superintendent, the certificate shall be revoked for any violation	30992
of those sections.	30993

Sec. 3703.07. No plumbing work shall be done in any building	30994
or place coming within the jurisdiction of the ~~department~~division	30995
of ~~commerce~~industrial compliance, except in cases of repairs or	30996
leaks in existing plumbing, until a permit has been issued by the	30997
~~department~~division.	30998

Before granting such permit, an application shall be made by	30999
the owner of the property or by the person, firm, or corporation	31000
which is to do the work. The application shall be made on a form	31001
prepared by the ~~department~~division for the purpose, and each	31002
application shall be accompanied by a fee of twenty-seven dollars,	31003
and an additional fee of seven dollars for each trap, vented	31004
fixture, appliance, or device. Each application also shall be	31005
accompanied by a plan approval fee of eighteen dollars for work	31006
containing one through twenty fixtures; thirty-six dollars for	31007
work containing twenty-one through forty fixtures; and fifty-four	31008
dollars for work containing forty-one or more fixtures.	31009

Whenever a reinspection is made necessary by the failure of	31010
the applicant or plumbing contractor to have the work ready for	31011
inspection when so reported, or by reason of faulty or improper	31012
installation, the person shall pay a fee of forty-five dollars for	31013
each reinspection.	31014

All fees collected pursuant to this section shall be paid	31015
into the state treasury to the credit of the industrial compliance	31016
operating fund created in section 121.084 of the Revised Code.	31017

The ~~director~~superintendent of ~~commerce~~industrial	31018
compliance, by rule adopted in accordance with Chapter 119. of the	31019
Revised Code, may increase the fees required by this section and	31020
may establish fees to pay the costs of the division to fulfill its	31021
duties established by this chapter, including, but not limited to,	31022
fees for administering a program for continuing education for, and	31023
certifying and recertifying plumbing inspectors. The fees shall	31024
bear some reasonable relationship to the cost of administering and	31025
enforcing the provisions of this chapter.	31026

Sec. 3703.08. Any owner, agent, or manager, of a building in	31027
which an inspection is made by the ~~department~~division of ~~commerce~~	31028
industrial compliance, a board of health of a health district, or	31029
a certified department of building inspection of a municipal	31030
corporation, shall have the entire system of drainage and	31031
ventilation repaired, as the ~~department of commerce~~division,	31032
board of health, or department of building inspection directs by	31033
its order. After due notice to repair such work is given, the	31034
owner, agent, or manager shall notify the public authority that	31035
issued the order when the work is ready for its inspection. No	31036
person shall fail to have the work ready for inspection at the	31037
time specified in the notice.	31038

Sec. 3703.10. All prosecutions and proceedings by the	31039
~~department~~division of ~~commerce~~industrial compliance for the	31040
violation of sections 3703.01 to 3703.09 of the Revised Code, or	31041
for the violation of any of the orders or rules of the ~~department~~	31042
division under those sections, shall be instituted by the ~~director~~	31043
superintendent of ~~commerce~~industrial compliance. All fines or	31044
judgments collected by the ~~department~~division shall be paid into	31045
the state treasury to the credit of the industrial compliance	31046
operating fund created by section 121.084 of the Revised Code.	31047

The ~~director~~superintendent, the board of health of a general	31048
or city health district, or any person charged with enforcing the	31049
rules of the ~~department~~division adopted under sections 3703.01 to	31050
3703.09 of the Revised Code may petition the court of common pleas	31051
for injunctive or other appropriate relief requiring any person	31052
violating a rule adopted or order issued by the ~~director~~	31053
superintendent under those sections to comply with the rule or	31054
order. The court of common pleas of the county in which the	31055
offense is alleged to be occurring may grant injunctive or other	31056
appropriate relief.	31057

The superintendent may do all of the following:

31058

(A) Deny an applicant certification as a plumbing inspector;

31059

(B) Suspend or revoke the certification of a plumbing	31060
inspector;	31061

31062

(D) Examine the records and books of any certified plumbing	31063
inspector if the superintendent finds the material to be examined	31064
relevant to a determination described in division (A), (B), or (C)	31065
of this section.	31066

Sec. 3703.99. Whoever violates sections 3703.01 to 3703.09	31067
of the Revised Code, or any rule the ~~department~~division of	31068
~~commerce~~industrial compliance is required to enforce under such	31069
sections, shall be fined not less than ten nor more than one	31070
hundred dollars or imprisoned for not less than ten nor more than	31071
ninety days, or both. No person shall be imprisoned under this	31072
section for the first offense, and the prosecution always shall be	31073
as for a first offense unless the affidavit upon which the	31074
prosecution is instituted contains the allegation that the offense	31075
is a second or repeated offense.	31076

Sec. 3704.035. There is hereby created in the state treasury	31077
the clean air fund. Except as otherwise provided in division (K)	31078
of section 3745.11 of the Revised Code, all moneys collected under	31079
divisions (C), (D), (F), (G), (H), (I), and (J) of that section	31080
and under section 3745.111 of the Revised Code, and any gifts,	31081
grants, or contributions received by the director of environmental	31082
protection for the purposes of the fund, shall be credited to the	31083
fund. The director shall expend moneys from the fund exclusively	31084
to pay the cost of administering and enforcing the laws of this	31085
state pertaining to the prevention, control, and abatement of air	31086
pollution and rules adopted and terms and conditions of permits,	31087
variances, and orders issued under those laws, except that the	31088
director shall not expend moneys credited to the fund for the	31089
administration and enforcement of motor vehicle inspection and	31090
maintenance programs and requirements under sections 3704.14,	31091
3704.141, 3704.16, 3704.161, and 3704.162~~, and 3704.17~~ of the	31092
Revised Code.	31093

Specifically, the director shall expend all moneys credited	31094
to the fund from fees assessed under section 3745.11 of the	31095
Revised Code pursuant to the Title V permit program established	31096
under section 3704.036 of the Revised Code, and from any gifts,	31097
grants, or contributions received for the purposes of that	31098
program, solely to administer and enforce that program pursuant to	31099
the federal Clean Air Act, this chapter, and rules adopted under	31100
it, except as costs relating to enforcement are limited by the	31101
federal Clean Air Act. The director shall establish separate and	31102
distinct accounting for all such moneys.	31103

The director shall report biennially to the general assembly	31104
the amounts of fees and other moneys credited to the fund under	31105
this section and the amounts expended from it for each of the	31106
various air pollution control programs.	31107

Sec. 3704.14. (A) The director of environmental protection	31108
shall continue to implement an enhanced motor vehicle inspection	31109
and maintenance program in Cuyahoga, Geauga, Lake, Lorain, Medina,	31110
Portage, and Summit counties for a period of two years beginning	31111
on January 1, 2006, and ending on December 31, 2007 that is	31112
substantially similar to the enhanced program implemented in	31113
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit	31114
counties under the contract that is scheduled to expire on	31115
December 31, 2005. The program, at a minimum, shall do all of the	31116
following:	31117

(1) Comply with the federal Clean Air Act;

31118

(2) Provide for the extension of a contract for a period of	31119
two years, beginning on January 1, 2006, and ending on December	31120
31, 2007, with the contractor who conducted the enhanced motor	31121
vehicle inspection and maintenance program in Cuyahoga, Geauga,	31122
Lake, Lorain, Medina, Portage, and Summit counties pursuant to a	31123
contract entered into under former section 3704.14 of the Revised	31124
Code as that section existed prior to its repeal and reenactment	31125
by Am. Sub. H.B. 66 of the 126th General Assembly;	31126

(3) Provide for the issuance of inspection certificates;

31127

(4) Provide for a new car exemption for motor vehicles four	31128
years old or newer and provide that a new motor vehicle is exempt	31129
for four years regardless of whether legal title to the motor	31130
vehicle is transferred during that period.	31131

(B) The director shall not implement a motor vehicle	31132
inspection and maintenance program in any county other than	31133
Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and Summit	31134
counties.	31135

(C) The director shall adopt rules in accordance with Chapter	31136
119. of the Revised Code that the director determines are	31137
necessary to implement this section. The director may continue to	31138
implement and enforce rules pertaining to the enhanced motor	31139
vehicle inspection and maintenance program previously implemented	31140
under former section 3704.14 of the Revised Code as that section	31141
existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of	31142
the 126th general assembly, provided that the rules do not	31143
conflict with this section.	31144

(D) There is hereby created in the state treasury the motor	31145
vehicle inspection and maintenance fund, which shall consist of	31146
money received by the director from any fees for inspections that	31147
are established in rules adopted under this section. The director	31148
shall use money in the fund solely for the implementation,	31149
supervision, administration, operation, and enforcement of the	31150
enhanced motor vehicle inspection and maintenance program	31151
established under this section.	31152

(E) The enhanced motor vehicle inspection and maintenance	31153
program in Cuyahoga, Geauga, Lake, Lorain, Medina, Portage, and	31154
Summit counties expires on December 31, 2007, and shall not be	31155
continued beyond that date unless otherwise federally mandated.	31156

Sec. 3704.143. (A) As used in this section, "contract" means	31157
a contract entered into by the state under former section 3704.14	31158
of the Revised Code, as that section existed prior to its repeal	31159
and reenactment by Am. Sub. H.B. 66 of the 126th General Assembly,	31160
with a private contractor for the purpose of conducting emissions	31161
inspections under a motor vehicle inspection and maintenance	31162
program.	31163

(B) ~~Notwithstanding division (D)(5) of~~Except as authorized	31164
in section 3704.14 of the Revised Code, ~~the director of~~	31165
~~administrative services or~~as that section was reenacted by Am.	31166
Sub. H.B. 66 of the 126th General Assembly, the director of	31167
environmental protection~~, as applicable,~~ shall not renew any	31168
contract that is in existence on September 5, 2001. Further,	31169
except as authorized in that section, the director of	31170
~~administrative services or the director of environmental~~	31171
~~protection, as applicable,~~ shall not enter into a new contract	31172
upon the expiration or termination of any contract that is in	31173
existence on September 5, 2001, or enter into any new contract for	31174
the implementation of a motor vehicle inspection and maintenance	31175
program in a county in which such a program is not operating on	31176
that date.	31177

(C) ~~Notwithstanding~~Except as authorized in section 3704.14	31178
of the Revised Code ~~or any other section of the Revised Code that~~	31179
~~requires emissions inspections to be conducted or proof of such~~	31180
~~inspections to be provided~~, as that section was reenacted by Am.	31181
Sub. H.B. 66 of the 126th General Assembly, upon the expiration or	31182
termination of all contracts that are in existence on September 5,	31183
2001, the director of environmental protection shall terminate all	31184
motor vehicle inspection and maintenance programs in this state	31185
and shall not implement a new motor vehicle inspection and	31186
maintenance program unless ~~this section is repealed and~~ such a	31187
program is authorized by the general assembly.	31188

(D) ~~Notwithstanding section 3704.14 of the Revised Code or~~	31189
~~any other section of the Revised Code that requires emissions~~	31190
~~inspections to be conducted or proof of such inspections to be~~	31191
~~provided, if~~If the general assembly authorizes any program for	31192
the inspection of motor vehicle emissions under division (C) of	31193
this section after all contracts for a motor vehicle inspection	31194
and maintenance program that are in existence on September 5,	31195
2001, terminate or expire, a motor vehicle, the legal title to	31196
which has never been transferred by a manufacturer, distributor,	31197
or dealer to an ultimate purchaser as defined in section 4517.01	31198
of the Revised Code, shall be exempt from any emissions	31199
inspections that are required under such a program for a period of	31200
~~five~~not less than four years commencing on the date when the	31201
first certificate of title to the vehicle was issued on behalf of	31202
the ultimate purchaser under Chapter 4503. of the Revised Code. A	31203
motor vehicle that is exempt from any emissions inspections ~~for a~~	31204
~~period of five years~~ under this division shall remain exempt	31205
during that ~~five-year~~ period regardless of whether legal title to	31206
the motor vehicle is transferred during that period.	31207

Sec. 3704.144. Gifts, grants, and contributions for the	31208
purpose of adding pollution control equipment to diesel-powered	31209
school buses, including contributions that are made pursuant to	31210
the settlement of an administrative action or civil action that is	31211
brought at the request of the director of environmental protection	31212
pursuant to Chapter 3704., 3714., 3734., 6109., or 6111. of the	31213
Revised Code, shall be credited to the clean diesel school bus	31214
fund, which is hereby created in the state treasury. The director	31215
shall use money credited to the fund to make grants to school	31216
districts in the state for the purpose of adding pollution control	31217
equipment to diesel-powered school buses and to pay the	31218
environmental protection agency's costs incurred in administering	31219
this section. In addition, the director may use money credited to	31220
the fund to make grants to school districts for the purpose of	31221
maintaining pollution control equipment that is installed on	31222
diesel-powered school buses and to pay the additional cost	31223
incurred by a school district for using ultra-low sulfur diesel	31224
fuel instead of diesel fuel for the operation of diesel-powered	31225
school buses.	31226

In making grants under this section, the director shall give	31227
priority to school districts that are located in a county that is	31228
designated as nonattainment by the United States environmental	31229
protection agency for the fine particulate national ambient air	31230
quality standard under the federal Clean Air Act. In addition, the	31231
director may give a higher priority to a school district that	31232
employs additional measures that reduce air pollution from the	31233
district's school bus fleet.	31234

The director shall adopt rules establishing procedures and	31235
requirements that are necessary to implement this section,	31236
including procedures and requirements governing applications for	31237
grants.	31238

Sec. 3704.99. (A) Whoever recklessly violates division (A),	31239
(B), (C), (D), (E), (F), (G), or (I) of section 3704.05 or	31240
division (B)(5) of section 3704.16 of the Revised Code shall be	31241
fined not more than twenty-five thousand dollars or imprisoned not	31242
more than one year, or both, for each violation. Each day the	31243
violation continues after a conviction for a violation is a	31244
separate offense.	31245

(B) Whoever knowingly violates division (H), (J), or (K) of	31246
section 3704.05 of the Revised Code shall be fined not more than	31247
ten thousand dollars for each day of each such violation.	31248

(C) Whoever violates section 3704.15 ~~or division (B)(1) or~~	31249
~~(2) or (C)(1) or (2) of section 3704.17~~ of the Revised Code is	31250
guilty of a misdemeanor of the first degree.	31251

(D) Whoever violates division (B)(2) or knowingly violates	31252
division (C)(1) of section 3704.16 of the Revised Code is guilty	31253
of a minor misdemeanor.	31254

(E) Whoever violates division (B)(1) or (3) or knowingly	31255
violates division (C)(2) or (3) of section 3704.16 of the Revised	31256
Code shall be fined not less than five hundred nor more than	31257
twenty-five hundred dollars for each day of each violation.	31258

(F) Whoever recklessly violates division (B)(4) of section	31259
3704.16 of the Revised Code shall be fined not more than	31260
twenty-five thousand dollars or imprisoned not more than one year,	31261
or both, for each violation. Each day the violation continues	31262
after a conviction for a violation is a separate offense.	31263

(G) The sentencing court, in addition to the penalty provided	31264
in divisions (D), (E), and (F) of this section, shall order the	31265
offender to restore within thirty days any emission control system	31266
that was tampered with in connection with the violation or to	31267
provide proof that the motor vehicle whose emission control system	31268
was tampered with has been dismantled or destroyed. The court may	31269
extend that deadline for good cause shown. If the offender does	31270
not take the corrective action ordered under this division, each	31271
day that the violation continues is a separate offense. Violation	31272
of a court order entered under this division is punishable as	31273
contempt under Chapter 2705. of the Revised Code.	31274

Sec. 3705.24. (A)(1) The public health council shall, in	31275
accordance with section 111.15 of the Revised Code, adopt rules	31276
prescribing fees for the following services provided by the state	31277
office of vital statistics:	31278

(a) Except as provided in division (A)(4) of this section:

31279

(i) A certified copy of a vital record or a certification of	31280
birth;	31281

(ii) A search by the office of vital statistics of its files	31282
and records pursuant to a request for information, regardless of	31283
whether a copy of a record is provided;	31284

(iii) A copy of a record provided pursuant to a request;

31285

(b) Replacement of a birth certificate following an adoption,	31286
legitimation, paternity determination or acknowledgement, or court	31287
order;	31288

31289

(d) Amendment of a vital record that is requested later than	31290
one year after the filing date of the vital record;	31291

(e) Any other documents or services for which the public	31292
health council considers the charging of a fee appropriate.	31293

(2) Fees prescribed under division (A)(1)(a) of this section	31294
shall not be less than seven dollars.	31295

(3) Fees prescribed under division (A)(1) of this section	31296
shall be collected in addition to any ~~fee~~fees required by ~~section~~	31297
sections 3109.14 and 3705.242 of the Revised Code.	31298

(4) Fees prescribed under division (A) of this section shall	31299
not apply to certifications issued under division (H) of this	31300
section or copies provided under section 3705.241 of the Revised	31301
Code.	31302

(B) In addition to the fees prescribed under division (A) of	31303
this section or section 3709.09 of the Revised Code, the office of	31304
vital statistics or the board of health of a city or general	31305
health district shall charge a five-dollar fee for each certified	31306
copy of a vital record and each certification of birth. This fee	31307
shall be deposited in the general operations fund created under	31308
section 3701.83 of the Revised Code and be used solely toward the	31309
modernization and automation of the system of vital records in	31310
this state. A board of health shall forward all fees collected	31311
under this division to the department of health not later than	31312
thirty days after the end of each calendar quarter.	31313

(C) Except as otherwise provided in division (H) of this	31314
section, and except as provided in section 3705.241 of the Revised	31315
Code, fees collected by the director of health under sections	31316
3705.01 to 3705.29 of the Revised Code shall be paid into the	31317
state treasury to the credit of the general operations fund	31318
created by section 3701.83 of the Revised Code. Except as provided	31319
in division (B) of this section, money generated by the fees shall	31320
be used only for administration and enforcement of this chapter	31321
and the rules adopted under it. Amounts submitted to the	31322
department of health for copies of vital records or services in	31323
excess of the fees imposed by this section shall be dealt with as	31324
follows:	31325

(1) An overpayment of two dollars or less shall be retained	31326
by the department and deposited in the state treasury to the	31327
credit of the general operations fund created by section 3701.83	31328
of the Revised Code.	31329

(2) An overpayment in excess of two dollars shall be returned	31330
to the person who made the overpayment.	31331

(D) If a local registrar is a salaried employee of a city or	31332
a general health district, any fees the local registrar receives	31333
pursuant to section 3705.23 of the Revised Code shall be paid into	31334
the general fund of the city or the health fund of the general	31335
health district.	31336

Each local registrar of vital statistics, or each health	31337
district where the local registrar is a salaried employee of the	31338
district, shall be entitled to a fee for each birth, fetal death,	31339
death, or military service certificate properly and completely	31340
made out and registered with the local registrar or district and	31341
correctly copied and forwarded to the office of vital statistics	31342
in accordance with the population of the primary registration	31343
district at the last federal census. The fee for each birth, fetal	31344
death, death, or military service certificate shall be:	31345

(1) In primary registration districts of over two hundred	31346
fifty thousand, twenty cents;	31347

(2) In primary registration districts of over one hundred	31348
twenty-five thousand and less than two hundred fifty thousand,	31349
sixty cents;	31350

(3) In primary registration districts of over fifty thousand	31351
and less than one hundred twenty-five thousand, eighty cents;	31352

(4) In primary registration districts of less than fifty	31353
thousand, one dollar.	31354

(E) The director of health shall annually certify to the	31355
county treasurers of the several counties the number of birth,	31356
fetal death, death, and military service certificates registered	31357
from their respective counties with the names of the local	31358
registrars and the amounts due each registrar and health district	31359
at the rates fixed in this section. Such amounts shall be paid by	31360
the treasurer of the county in which the registration districts	31361
are located. No fees shall be charged or collected by registrars	31362
except as provided by this chapter and section 3109.14 of the	31363
Revised Code.	31364

(F) A probate judge shall be paid a fee of fifteen cents for	31365
each certified abstract of marriage prepared and forwarded by the	31366
probate judge to the department of health pursuant to section	31367
3705.21 of the Revised Code. The fee shall be in addition to the	31368
fee paid for a marriage license and shall be paid by the	31369
applicants for the license.	31370

(G) The clerk of a court of common pleas shall be paid a fee	31371
of one dollar for each certificate of divorce, dissolution, and	31372
annulment of marriage prepared and forwarded by the clerk to the	31373
department pursuant to section 3705.21 of the Revised Code. The	31374
fee for the certified abstract of divorce, dissolution, or	31375
annulment of marriage shall be added to the court costs allowed in	31376
these cases.	31377

(H) The fee for an heirloom certification of birth issued	31378
pursuant to division (B)(2) of section 3705.23 of the Revised Code	31379
shall be an amount prescribed by rule by the director of health	31380
plus any fee required by section 3109.14 of the Revised Code. In	31381
setting the amount of the fee, the director shall establish a	31382
surcharge in addition to an amount necessary to offset the expense	31383
of processing heirloom certifications of birth. The fee prescribed	31384
by the director of health pursuant to this division shall be	31385
deposited into the state treasury to the credit of the heirloom	31386
certification of birth fund which is hereby created. Money	31387
credited to the fund shall be used by the office of vital	31388
statistics to offset the expense of processing heirloom	31389
certifications of birth. However, the money collected for the	31390
surcharge, subject to the approval of the controlling board, shall	31391
be used for the purposes specified by the family and children	31392
first council pursuant to section 121.37 of the Revised Code.	31393

Sec. 3705.242. (A)(1) The director of health, a person	31394
authorized by the director, a local commissioner of health, or a	31395
local registrar of vital statistics shall charge and collect a fee	31396
of one dollar and fifty cents for each certified copy of a birth	31397
record, each certification of birth, and each copy of a death	31398
record. The fee is in addition to the fee imposed by section	31399
3705.24 or any other section of the Revised Code. A local	31400
commissioner of health or local registrar of vital statistics may	31401
retain an amount of each additional fee collected, not to exceed	31402
three per cent of the amount of the additional fee, to be used for	31403
costs directly related to the collection of the fee and the	31404
forwarding of the fee to the treasurer of state.	31405

(2) On the filing of a divorce decree under section 3105.10	31406
or a decree of dissolution under section 3105.65 of the Revised	31407
Code, a court of common pleas shall charge and collect a fee of	31408
five dollars and fifty cents. The fee is in addition to any other	31409
court costs or fees. The county clerk of courts may retain an	31410
amount of each additional fee collected, not to exceed three per	31411
cent of the amount of the additional fee, to be used for costs	31412
directly related to the collection of the fee and the forwarding	31413
of the fee to the treasurer of state.	31414

(B) The additional fees collected, but not retained, under	31415
this section during each month shall be forwarded not later than	31416
the tenth day of the immediately following month to the treasurer	31417
of state, who shall deposit the fees in the state treasury to the	31418
credit of the family violence prevention fund, which is hereby	31419
created. A person or government entity that fails to forward the	31420
fees in a timely manner, as determined by the treasurer of state,	31421
shall forward to the treasurer of state, in addition to the fees,	31422
a penalty equal to ten per cent of the fees.	31423

The treasurer of state shall invest the moneys in the fund.	31424
All earnings resulting from investment of the fund shall be	31425
credited to the fund, except that actual administration costs	31426
incurred by the treasurer of state in administering the fund may	31427
be deducted from the earnings resulting from investments. The	31428
amount that may be deducted shall not exceed three per cent of the	31429
total amount of fees credited to the fund in each fiscal year. The	31430
balance of the investment earnings shall be credited to the fund.	31431

(C) The director of public safety shall use money credited to	31432
the fund to provide grants to family violence shelters in Ohio.	31433

Sec. 3709.29. If the estimated amount of money necessary to	31434
meet the expenses of a general health district program will not be	31435
forthcoming to the board of health of ~~such~~the district out of the	31436
district health fund because the taxes within the ten-mill	31437
limitation will be insufficient, the board of health shall certify	31438
~~the fact of such~~that there is an insufficiency of funds for the	31439
program to the board of county commissioners of the county in	31440
which ~~such~~the district is located. ~~Such~~The board of county	31441
commissioners is ~~hereby ordained~~considered to be a special taxing	31442
authority for the purposes of this section only, and,	31443
notwithstanding any other law to the contrary, the board of county	31444
commissioners of any county in which a general health district is	31445
located is the taxing authority for ~~such~~a special levy under this	31446
section outside the ten-mill limitation. ~~The~~	31447

Upon receipt of the board of health's certification, the	31448
board of county commissioners ~~shall thereupon~~, in the year	31449
preceding that in which ~~such~~the general health district program	31450
will be effective, by vote of two-thirds of all the members of	31451
that body, shall declare by resolution that the amount of taxes	31452
~~which~~that may be raised within the ten-mill limitation will be	31453
insufficient to provide an adequate amount for the necessary	31454
requirements of ~~such~~the district within the county, and that it	31455
is necessary to levy a tax in excess of ~~such~~the limitation in	31456
order to provide the board of health with sufficient funds to	31457
carry out ~~such health~~the program, including its costs of office	31458
space and utilities. ~~Such~~The resolution shall be filed with the	31459
board of elections not later than four p.m. of the seventy-fifth	31460
day before the day of the relevant primary or general election.	31461

~~Such resolution~~and shall specify the amount of increase in	31462
rate ~~which~~that it is necessary to levy and the number of years	31463
during which ~~such~~the increase ~~shall~~will be in effect, which	31464
shall not be for a longer period than ten years. The	31465

~~The~~ resolution shall conform to section 5705.191 of the	31466
Revised Code and be certified and submitted in the manner provided	31467
in section 5705.25 of the Revised Code, provided that the proposal	31468
shall be placed on the ballot at the next primary or general	31469
election occurring more than seventy-five days after the	31470
resolution is filed with the board of elections.	31471

Sec. 3709.34. (A) The ~~board of county commissioners or the~~	31472
legislative authority of any city may furnish suitable quarters	31473
for any board of health or health department having jurisdiction	31474
over all or a major part of ~~such county or~~that city.	31475

(B)(1) Subject to division (B)(6) of this section, through	31476
fiscal year 2006, the board of county commissioners shall provide	31477
office space and utilities for the board of health having	31478
jurisdiction over the county's general health district.	31479
Thereafter, subject to division (B)(6) of this section, the board	31480
of county commissioners shall make payments as provided in	31481
divisions (B)(2) and (3) of this section for the office space and	31482
utilities until fiscal year 2010. Starting in fiscal year 2010,	31483
the board has no duty to provide office space or utilities, or to	31484
make payments for office space or utilities, for the board of	31485
health of the county's general health district.	31486

(2)(a) Not later than the thirtieth day of September 2006,	31487
2007, and 2008, the board of county commissioners shall make a	31488
written estimate of the total cost for the ensuing fiscal year to	31489
provide office space and utilities to the board of health of the	31490
county's general health district. The estimate of total cost shall	31491
include all of the following:	31492

(i) The total square feet of space to be used by the board of	31493
health;	31494

(ii) The total square feet of any common areas that should be	31495
reasonably allocated to the board of health and the method for	31496
making this allocation;	31497

(iii) The actual cost per square foot for both the space used	31498
by and the common areas allocated to the board of health;	31499

(iv) An explanation of the method used to determine the	31500
actual cost per square foot;	31501

(v) The estimated cost of providing utilities, including an	31502
explanation of how this cost was determined;	31503

(vi) Any other estimated costs the board of county	31504
commissioners anticipates will be incurred to provide office space	31505
and utilities to the board of health, including a detailed	31506
explanation of those costs and the rationale used to determine	31507
them.	31508

(b) The board of county commissioners shall forward a copy of	31509
the estimate of total cost to the director of the board of health	31510
not later than the fifth day of October 2006, 2007, and 2008. The	31511
director shall review the estimate and notify the board of county	31512
commissioners not later than twenty days after its receipt of	31513
either agreement with it or any specific objections to it and the	31514
reasons for the objections. If the director agrees with the	31515
estimate, it shall become the final estimate of total cost.	31516
Failure of the director to make objections to the estimate by the	31517
twentieth day after its receipt shall be deemed to mean that the	31518
director is in agreement with the estimate.	31519

If the director timely provides specific objections to the	31520
board of county commissioners, the board shall review the	31521
objections and may modify the original estimate and send a revised	31522
estimate of total cost to the director within ten days after	31523
receipt of the objections. The director shall respond to a revised	31524
estimate within ten days after its receipt. If the director agrees	31525
with it, the revised estimate shall become the final estimate of	31526
total cost. If the director fails to respond within the ten-day	31527
period, the director shall be deemed to have agreed with the	31528
revised estimate. If the director disagrees with the revised	31529
estimate, the director shall send specific objections to the board	31530
of county commissioners within the ten-day period.	31531

(c) If the director sends specific objections to a revised	31532
estimate within the required time, or if there is no revised	31533
estimate and the director timely objected to the original	31534
estimate, the probate judge of the county shall determine the	31535
final estimate of total cost and certify this amount to the	31536
director and the board of county commissioners before the first	31537
day of January 2007, 2008, or 2009, as applicable.	31538

(3)(a) Subject to division (B)(6) of this section, a board of	31539
county commissioners shall be responsible for the following	31540
percentages of the final estimate of total cost established by	31541
division (B)(2) of this section:	31542

(i) Sixty per cent for fiscal year 2007;

31543

(ii) Forty per cent for fiscal year 2008;

31544

(iii) Twenty per cent for fiscal year 2009.

31545

(b) In fiscal years 2007, 2008, and 2009, the board of health	31546
of the county's general health district shall be responsible for	31547
the payment of the remainder of any costs incurred in excess of	31548
the amount payable under division (B)(3)(a)(i), (ii), or (iii) of	31549
this section, as applicable, for the provision of office space and	31550
utilities for the board of health, including any unanticipated or	31551
unexpected increases in costs beyond the final estimate of total	31552
cost.	31553

(c) Beginning in fiscal year 2010, the board of county	31554
commissioners has no obligation to provide office space or	31555
utilities, or to make payments for office space or utilities, for	31556
the board of health.	31557

(4) After fiscal year 2009, the board of county commissioners	31558
and the board of health of the county's general health district	31559
may enter into a contract for the board of county commissioners to	31560
provide office space for the use of the board of health and to	31561
provide utilities for that office space. The term of any such	31562
contract shall not exceed four years and may be renewed for	31563
additional periods not to exceed four years.	31564

(5) In any fiscal year, notwithstanding any contrary	31565
provision of divisions (B)(1) to (4) of this section, the board of	31566
county commissioners, in its discretion, may provide office space	31567
and utilities for the board of health of the county's general	31568
health district free of charge.	31569

(6) If the board of health of a general health district	31570
rents, leases, lease-purchases, or otherwise acquires office space	31571
to facilitate the performance of its functions, or constructs,	31572
enlarges, renovates, or otherwise modifies buildings or other	31573
structures to provide office space to facilitate the performance	31574
of its functions, the board of county commissioners of the county	31575
served by the general health district has no further obligation	31576
under division (B) of this section to provide office space or	31577
utilities, or to make payments for office space or utilities, for	31578
the board of health, unless the board of county commissioners	31579
enters into a contract under division (B)(4) of this section or	31580
exercises its option under division (B)(5) of this section.	31581

Sec. 3712.03. (A) In accordance with Chapter 119. of the	31582
Revised Code, the public health council shall adopt, and may amend	31583
and rescind, rules:	31584

(1) Providing for the licensing of persons or public agencies	31585
providing hospice care programs within this state by the	31586
department of health and for the suspension and revocation of	31587
licenses;	31588

(2) Establishing a license fee and license renewal fee not to	31589
exceed three hundred dollars. The fees shall cover the three-year	31590
period during which an existing license is valid as provided in	31591
division (B) of section 3712.04 of the Revised Code.	31592

(3) Establishing an inspection fee not to exceed one thousand	31593
seven hundred fifty dollars;	31594

(4) Establishing requirements for hospice care program	31595
facilities and services;	31596

~~(4)~~(5) Providing for a waiver of the requirement for the	31597
provision of physical, occupational, or speech or language therapy	31598
contained in division (A)(2) of section 3712.01 of the Revised	31599
Code when the requirement would create a hardship because such	31600
therapy is not readily available in the geographic area served by	31601
the provider of a hospice care program;	31602

~~(5)~~(6) Providing for the granting of licenses to provide	31603
hospice care programs to persons and public agencies that are	31604
accredited or certified to provide such programs by an entity	31605
whose standards for accreditation or certification equal or exceed	31606
those provided for licensure under this chapter and rules adopted	31607
under it; and	31608

~~(6)~~(7) Establishing interpretive guidelines for each rule.

31609

(B) Subject to the approval of the controlling board, the	31610
public health council may establish fees in excess of the amounts	31611
provided by sections 3712.01 and 3712.03 to 3712.06 of the Revised	31612
Code, provided that the fees do not exceed those amounts by	31613
greater than fifty per cent.	31614

31615

(1) Grant, suspend, and revoke licenses for hospice care	31616
programs in accordance with this chapter and rules adopted under	31617
it;	31618

(2) Make such inspections as are necessary to determine	31619
whether hospice care program facilities and services meet the	31620
requirements of this chapter and rules adopted under it; and	31621

(3) Implement and enforce this chapter and rules adopted	31622
under it.	31623

Sec. 3714.07. (A)(1) For the purpose of assisting boards of	31624
health and the environmental protection agency in administering	31625
and enforcing this chapter and rules adopted under it, there is	31626
hereby levied on the disposal of construction and demolition	31627
debris at a construction and demolition debris facility that is	31628
licensed under this chapter or at a solid waste facility that is	31629
licensed under Chapter 3734. of the Revised Code a fee of thirty	31630
cents per cubic yard or sixty cents per ton, as applicable.	31631

(2) The owner or operator of a construction and demolition	31632
debris facility or a solid waste facility shall determine if cubic	31633
yards or tons will be used as the unit of measurement. In	31634
estimating the fee based on cubic yards, the owner or operator	31635
shall utilize either the maximum cubic yard capacity of the	31636
container, or the hauling volume of the vehicle, that transports	31637
the construction and demolition debris to the facility or the	31638
cubic yards actually logged for disposal by the owner or operator	31639
in accordance with rules adopted under section 3714.02 of the	31640
Revised Code. If basing the fee on tonnage, the owner or operator	31641
shall use certified scales to determine the tonnage of	31642
construction and demolition debris that is transported to the	31643
facility for disposal.	31644

(3) The owner or operator of a construction and demolition	31645
debris facility or a solid waste facility shall collect the fee	31646
levied under division (A) of this section as a trustee for the	31647
health district having jurisdiction over the facility, if that	31648
district is on the approved list under section 3714.09 of the	31649
Revised Code, or for the state. The owner or operator shall	31650
prepare and file with the appropriate board of health or the	31651
director of environmental protection monthly returns indicating	31652
the total volume or weight, as applicable, of construction and	31653
demolition debris received for disposal at the facility and the	31654
total amount of money required to be collected on the construction	31655
and demolition debris disposed of during that month. Not later	31656
than thirty days after the last day of the month to which the	31657
return applies, the owner or operator shall mail to the board of	31658
health or the director the return for that month together with the	31659
money required to be collected on the construction and demolition	31660
debris disposed of during that month. The owner or operator may	31661
request, in writing, an extension of not more than thirty days	31662
after the last day of the month to which the return applies. A	31663
request for extension may be denied. If the owner or operator	31664
submits the money late, the owner or operator shall pay a penalty	31665
of ten per cent of the amount of the money due for each month that	31666
it is late.	31667

(4) Of the money that is collected from a construction and	31668
demolition debris facility or a solid waste facility on a per	31669
cubic yard or per ton basis under this section, a board of health	31670
shall transmit three cents per cubic yard or six cents per ton, as	31671
applicable, to the director not later than forty-five days after	31672
the receipt of the money. The money retained by a board of health	31673
under this section shall be paid into a special fund, which is	31674
hereby created in each health district, and used solely to	31675
administer and enforce this chapter and rules adopted under it.	31676

The director shall transmit all money received from the	31677
boards of health of health districts under this section and all	31678
money from the disposal fee collected by the director under this	31679
section to the treasurer of state to be credited to the	31680
construction and demolition debris facility oversight fund, which	31681
is hereby created in the state treasury. The fund shall be	31682
administered by the director, and money credited to the fund shall	31683
be used exclusively for the administration and enforcement of this	31684
chapter and rules adopted under it.	31685

(B) The board of health of a health district or the director	31686
may enter into an agreement with the owner or operator of a	31687
construction and demolition debris facility or a solid waste	31688
facility for the quarterly payment of the money collected from the	31689
disposal fee. The board of health shall notify the director of any	31690
such agreement. Not later than forty-five days after receipt of	31691
the quarterly payment, the board of health shall transmit the	31692
amount established in division (A)~~(5)~~(4) of this section to the	31693
director. The money retained by the board of health shall be	31694
deposited in the special fund of the district as required under	31695
that division. Upon receipt of the money from a board of health,	31696
the director shall transmit the money to the treasurer of state to	31697
be credited to the construction and demolition debris facility	31698
oversight fund.	31699

(C) If a construction and demolition debris facility or a	31700
solid waste facility is located within the territorial boundaries	31701
of a municipal corporation or the unincorporated area of a	31702
township, the municipal corporation or township may appropriate up	31703
to four cents per cubic yard or up to eight cents per ton of the	31704
disposal fee required to be paid by the facility under division	31705
(A) of this section for the same purposes that a municipal	31706
corporation or township may levy a fee under division (C) of	31707
section 3734.57 of the Revised Code.	31708

The legislative authority of the municipal corporation or	31709
township may appropriate the money from the fee by enacting an	31710
ordinance or adopting a resolution establishing the amount of the	31711
fee to be appropriated. Upon doing so, the legislative authority	31712
shall mail a certified copy of the ordinance or resolution to the	31713
board of health of the health district in which the construction	31714
and demolition debris facility or the solid waste facility is	31715
located or, if the facility is located in a health district that	31716
is not on the approved list under section 3714.09 of the Revised	31717
Code, to the director. Upon receipt of the copy of the ordinance	31718
or resolution and not later than forty-five days after receipt of	31719
money collected from the fee, the board or the director, as	31720
applicable, shall transmit to the treasurer or other appropriate	31721
officer of the municipal corporation or clerk of the township that	31722
portion of the money collected from the disposal fee by the owner	31723
or operator of the facility that is required by the ordinance or	31724
resolution to be paid to that municipal corporation or township.	31725

Money received by the treasurer or other appropriate officer	31726
of a municipal corporation under this division shall be paid into	31727
the general fund of the municipal corporation. Money received by	31728
the clerk of a township under this division shall be paid into the	31729
general fund of the township. The treasurer or other officer of	31730
the municipal corporation or the clerk of the township, as	31731
appropriate, shall maintain separate records of the money received	31732
under this division.	31733

The legislative authority of a municipal corporation or	31734
township may cease collecting money under this division by	31735
repealing the ordinance or resolution that was enacted or adopted	31736
under this division.	31737

(D) The board of county commissioners of a county in which a	31738
construction and demolition debris facility or a solid waste	31739
facility is located may appropriate up to three cents per cubic	31740
yard or up to six cents per ton of the disposal fee required to be	31741
paid by the facility under division (A) of this section for the	31742
same purposes that a solid waste management district may levy a	31743
fee under division (B) of section 3734.57 of the Revised Code.	31744

The board of county commissioners may appropriate the money	31745
from the fee by adopting a resolution establishing the amount of	31746
the fee to be appropriated. Upon doing so, the board of county	31747
commissioners shall mail a certified copy of the resolution to the	31748
board of health of the health district in which the construction	31749
and demolition debris facility or the solid waste facility is	31750
located or, if the facility is located in a health district that	31751
is not on the approved list under section 3714.09 of the Revised	31752
Code, to the director. Upon receipt of the copy of the resolution	31753
and not later than forty-five days after receipt of money	31754
collected from the fee, the board of health or the director, as	31755
applicable, shall transmit to the treasurer of the county that	31756
portion of the money collected from the disposal fee by the owner	31757
or operator of the facility that is required by the resolution to	31758
be paid to that county.	31759

Money received by a county treasurer under this division	31760
shall be paid into the general fund of the county. The county	31761
treasurer shall maintain separate records of the money received	31762
under this division.	31763

A board of county commissioners may cease collecting money	31764
under this division by repealing the resolution that was adopted	31765
under this division.	31766

(E)(1) This section does not apply to the disposal of	31767
construction and demolition debris at a solid waste facility that	31768
is licensed under Chapter 3734. of the Revised Code if there is no	31769
construction and demolition debris facility licensed under this	31770
chapter within ~~forty~~thirty-five miles of the solid waste facility	31771
as determined by a facility's property boundaries.	31772

(2) This section does not apply to the disposal of	31773
construction and demolition debris at a solid waste facility that	31774
is licensed under Chapter 3734. of the Revised Code if the owner	31775
or operator of the facility chooses to collect fees on the	31776
disposal of the construction and demolition debris that are	31777
identical to the fees that are collected under Chapters 343. and	31778
3734. of the Revised Code on the disposal of solid wastes at that	31779
facility.	31780

(3) This section does not apply to the disposal of source	31781
separated materials that are exclusively composed of reinforced or	31782
nonreinforced concrete, asphalt, clay tile, building or paving	31783
brick, or building or paving stone at a construction and	31784
demolition debris facility that is licensed under this chapter	31785
when either of the following applies:	31786

(a) The materials are placed within the limits of	31787
construction and demolition debris placement at the facility as	31788
specified in the license issued to the facility under section	31789
3714.06 of the Revised Code, are not placed within the unloading	31790
zone of the facility, and are used as a fire prevention measure in	31791
accordance with rules adopted by the director under section	31792
3714.02 of the Revised Code.	31793

(b) The materials are not placed within the unloading zone of	31794
the facility or within the limits of construction and demolition	31795
debris placement at the facility as specified in the license	31796
issued to the facility under section 3714.06 of the Revised Code,	31797
but are used as fill material, either alone or in conjunction with	31798
clean soil, sand, gravel, or other clean aggregates, in legitimate	31799
fill operations for construction purposes at the facility or to	31800
bring the facility up to a consistent grade.	31801

Sec. 3714.073. (A) In addition to the fee levied under	31802
division (A)(1) of section 3714.07 of the Revised Code, beginning	31803
July 1, 2005, there is hereby levied on the disposal of	31804
construction and demolition debris at a construction and	31805
demolition debris facility that is licensed under this chapter or	31806
at a solid waste facility that is licensed under Chapter 3734. of	31807
the Revised Code the following fees:	31808

(1) A fee of twelve and one-half cents per cubic yard or	31809
twenty-five cents per ton, as applicable, the proceeds of which	31810
shall be deposited in the state treasury to the credit of the soil	31811
and water conservation district assistance fund created in section	31812
1515.14 of the Revised Code;	31813

(2) A fee of thirty seven and one-half cents per cubic yard	31814
or seventy-five cents per ton, as applicable, the proceeds of	31815
which shall be deposited in the state treasury to the credit of	31816
the recycling and litter prevention fund created in section	31817
1502.02 of the Revised Code.	31818

(B) The owner or operator of a construction and demolition	31819
debris facility or a solid waste facility, as a trustee of the	31820
state, shall collect the fees levied under this section and remit	31821
the money from the fees in the manner that is established in	31822
divisions (A)(2) and (3) of section 3714.07 of the Revised Code	31823
for the fee that is levied under division (A)(1) of that section.	31824

(C) The money that is collected from a construction and	31825
demolition debris facility or a solid waste facility and remitted	31826
to a board of health or the director of environmental protection,	31827
as applicable, pursuant to this section shall be transmitted by	31828
the board or director to the treasurer of state to be credited to	31829
the soil and water conservation district assistance fund or the	31830
recycling and litter prevention fund, as applicable.	31831

Sec. 3715.04. (A) As used in this section:

31832

(1) "Certificate of health and freesale" means a document	31833
issued by the director of agriculture that certifies to states and	31834
countries receiving products that the products have been produced	31835
and warehoused in this state under sanitary conditions at a food	31836
processing establishment or at a place of business of a	31837
manufacturer of over-the-counter drugs or cosmetics, as	31838
applicable, that has been inspected by the department of	31839
agriculture. Other names of documents that are synonymous with	31840
"certificate of health and freesale" include, but are not limited	31841
to, "sanitary certificate of health and freesale"; "certificate of	31842
origin"; "certificate of freesale"; "certificate of health and	31843
origin"; "certificate of freesale, sanitary and purity"; and	31844
"certificate of freesale, health and origin."	31845

(2) "Food processing establishment" has the same meaning as	31846
in section 3715.021 of the Revised Code.	31847

(B) Upon the request of a food processing establishment,	31848
manufacturer of over-the-counter drugs, or manufacturer of	31849
cosmetics, the director may issue a certificate of health and	31850
freesale after determining that conditions at the establishment or	31851
place of business of the manufacturer, as applicable, have been	31852
found to be sanitary through an inspection conducted pursuant to	31853
this chapter. For each certificate issued, the director shall	31854
charge the establishment or manufacturer a fee in the amount of	31855
twenty dollars. The director shall deposit all fees collected	31856
under this section to the credit of the food safety fund created	31857
in section 915.24 of the Revised Code.	31858

Sec. 3721.01. (A) As used in sections 3721.01 to 3721.09 and	31859
3721.99 of the Revised Code:	31860

(1)(a) "Home" means an institution, residence, or facility	31861
that provides, for a period of more than twenty-four hours,	31862
whether for a consideration or not, accommodations to three or	31863
more unrelated individuals who are dependent upon the services of	31864
others, including a nursing home, residential care facility, home	31865
for the aging, and a veterans' home operated under Chapter 5907.	31866
of the Revised Code.	31867

(b) "Home" also means both of the following:

31868

(i) Any facility that a person, as defined in section 3702.51	31869
of the Revised Code, proposes for certification as a skilled	31870
nursing facility or nursing facility under Title XVIII or XIX of	31871
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	31872
as amended, and for which a certificate of need, other than a	31873
certificate to recategorize hospital beds as described in section	31874
3702.522 of the Revised Code or division (R)(7)(d) of the version	31875
of section 3702.51 of the Revised Code in effect immediately prior	31876
to April 20, 1995, has been granted to the person under sections	31877
3702.51 to 3702.62 of the Revised Code after August 5, 1989;	31878

(ii) A county home or district home that is or has been	31879
licensed as a residential care facility.	31880

31881

(i) Except as provided in division (A)(1)(b) of this section,	31882
a public hospital or hospital as defined in section 3701.01 or	31883
5122.01 of the Revised Code;	31884

(ii) A residential facility for mentally ill persons as	31885
defined under section 5119.22 of the Revised Code;	31886

(iii) A residential facility as defined in section 5123.19 of	31887
the Revised Code;	31888

(iv) ~~A habilitation center as defined in section 5123.041 of~~	31889
~~the Revised Code;~~	31890

~~(v)~~ A community alternative home as defined in section	31891
3724.01 of the Revised Code;	31892

~~(vi)~~(v) An adult care facility as defined in section 3722.01	31893
of the Revised Code;	31894

~~(vii)~~(vi) An alcohol or drug addiction program as defined in	31895
section 3793.01 of the Revised Code;	31896

~~(viii)~~(vii) A facility licensed to provide methadone	31897
treatment under section 3793.11 of the Revised Code;	31898

~~(ix)~~(viii) A facility providing services under contract with	31899
the department of mental retardation and developmental	31900
disabilities under section 5123.18 of the Revised Code;	31901

~~(x)~~(ix) A facility operated by a hospice care program	31902
licensed under section 3712.04 of the Revised Code that is used	31903
exclusively for care of hospice patients;	31904

~~(xi)~~(x) A facility, infirmary, or other entity that is	31905
operated by a religious order, provides care exclusively to	31906
members of religious orders who take vows of celibacy and live by	31907
virtue of their vows within the orders as if related, and does not	31908
participate in the medicare program established under Title XVIII	31909
of the "Social Security Act" or the medical assistance program	31910
established under Chapter 5111. of the Revised Code and Title XIX	31911
of the "Social Security Act," if on January 1, 1994, the facility,	31912
infirmary, or entity was providing care exclusively to members of	31913
the religious order;	31914

~~(xii)~~(xi) A county home or district home that has never been	31915
licensed as a residential care facility.	31916

(2) "Unrelated individual" means one who is not related to	31917
the owner or operator of a home or to the spouse of the owner or	31918
operator as a parent, grandparent, child, grandchild, brother,	31919
sister, niece, nephew, aunt, uncle, or as the child of an aunt or	31920
uncle.	31921

(3) "Mental impairment" does not mean mental illness as	31922
defined in section 5122.01 of the Revised Code or mental	31923
retardation as defined in section 5123.01 of the Revised Code.	31924

(4) "Skilled nursing care" means procedures that require	31925
technical skills and knowledge beyond those the untrained person	31926
possesses and that are commonly employed in providing for the	31927
physical, mental, and emotional needs of the ill or otherwise	31928
incapacitated. "Skilled nursing care" includes, but is not limited	31929
to, the following:	31930

(a) Irrigations, catheterizations, application of dressings,	31931
and supervision of special diets;	31932

(b) Objective observation of changes in the patient's	31933
condition as a means of analyzing and determining the nursing care	31934
required and the need for further medical diagnosis and treatment;	31935

31936

(d) Administration of medication by any method ordered by a	31937
physician, such as hypodermically, rectally, or orally, including	31938
observation of the patient after receipt of the medication;	31939

(e) Carrying out other treatments prescribed by the physician	31940
that involve a similar level of complexity and skill in	31941
administration.	31942

(5)(a) "Personal care services" means services including, but	31943
not limited to, the following:	31944

(i) Assisting residents with activities of daily living;

31945

(ii) Assisting residents with self-administration of	31946
medication, in accordance with rules adopted under section 3721.04	31947
of the Revised Code;	31948

(iii) Preparing special diets, other than complex therapeutic	31949
diets, for residents pursuant to the instructions of a physician	31950
or a licensed dietitian, in accordance with rules adopted under	31951
section 3721.04 of the Revised Code.	31952

(b) "Personal care services" does not include "skilled	31953
nursing care" as defined in division (A)(4) of this section. A	31954
facility need not provide more than one of the services listed in	31955
division (A)(5)(a) of this section to be considered to be	31956
providing personal care services.	31957

(6) "Nursing home" means a home used for the reception and	31958
care of individuals who by reason of illness or physical or mental	31959
impairment require skilled nursing care and of individuals who	31960
require personal care services but not skilled nursing care. A	31961
nursing home is licensed to provide personal care services and	31962
skilled nursing care.	31963

(7) "Residential care facility" means a home that provides	31964
either of the following:	31965

(a) Accommodations for seventeen or more unrelated	31966
individuals and supervision and personal care services for three	31967
or more of those individuals who are dependent on the services of	31968
others by reason of age or physical or mental impairment;	31969

(b) Accommodations for three or more unrelated individuals,	31970
supervision and personal care services for at least three of those	31971
individuals who are dependent on the services of others by reason	31972
of age or physical or mental impairment, and, to at least one of	31973
those individuals, any of the skilled nursing care authorized by	31974
section 3721.011 of the Revised Code.	31975

(8) "Home for the aging" means a home that provides services	31976
as a residential care facility and a nursing home, except that the	31977
home provides its services only to individuals who are dependent	31978
on the services of others by reason of both age and physical or	31979
mental impairment.	31980

The part or unit of a home for the aging that provides	31981
services only as a residential care facility is licensed as a	31982
residential care facility. The part or unit that may provide	31983
skilled nursing care beyond the extent authorized by section	31984
3721.011 of the Revised Code is licensed as a nursing home.	31985

(9) "County home" and "district home" mean a county home or	31986
district home operated under Chapter 5155. of the Revised Code.	31987

(B) The public health council may further classify homes. For	31988
the purposes of this chapter, any residence, institution, hotel,	31989
congregate housing project, or similar facility that meets the	31990
definition of a home under this section is such a home regardless	31991
of how the facility holds itself out to the public.	31992

(C) For purposes of this chapter, personal care services or	31993
skilled nursing care shall be considered to be provided by a	31994
facility if they are provided by a person employed by or	31995
associated with the facility or by another person pursuant to an	31996
agreement to which neither the resident who receives the services	31997
nor the resident's sponsor is a party.	31998

(D) Nothing in division (A)(4) of this section shall be	31999
construed to permit skilled nursing care to be imposed on an	32000
individual who does not require skilled nursing care.	32001

Nothing in division (A)(5) of this section shall be construed	32002
to permit personal care services to be imposed on an individual	32003
who is capable of performing the activity in question without	32004
assistance.	32005

(E) Division (A)(1)(c)~~(xi)~~(x) of this section does not	32006
prohibit a facility, infirmary, or other entity described in that	32007
division from seeking licensure under sections 3721.01 to 3721.09	32008
of the Revised Code or certification under Title XVIII or XIX of	32009
the "Social Security Act." However, such a facility, infirmary, or	32010
entity that applies for licensure or certification must meet the	32011
requirements of those sections or titles and the rules adopted	32012
under them and obtain a certificate of need from the director of	32013
health under section 3702.52 of the Revised Code.	32014

(F) Nothing in this chapter, or rules adopted pursuant to it,	32015
shall be construed as authorizing the supervision, regulation, or	32016
control of the spiritual care or treatment of residents or	32017
patients in any home who rely upon treatment by prayer or	32018
spiritual means in accordance with the creed or tenets of any	32019
recognized church or religious denomination.	32020

Sec. 3721.011. (A) In addition to providing accommodations,	32021
supervision, and personal care services to its residents, a	32022
residential care facility may provide skilled nursing care as	32023
follows:	32024

(1) Supervision of special diets;

32025

(2) Application of dressings, in accordance with rules	32026
adopted under section 3721.04 of the Revised Code;	32027

(3) Providing for the administration of medication to	32028
residents, to the extent authorized under division (B)(1) of this	32029
section;	32030

(4) Other skilled nursing care provided on a part-time,	32031
intermittent basis pursuant to division (C) of this section.	32032

A residential care facility may not admit or retain an	32033
individual requiring skilled nursing care that is not authorized	32034
by this section. A residential care facility may not provide	32035
skilled nursing care beyond the limits established by this	32036
section.	32037

(B)(1) A residential care facility may admit or retain an	32038
individual requiring medication, including biologicals, only if	32039
the individual's personal physician has determined in writing that	32040
the individual is capable of self-administering the medication or	32041
the facility provides for the medication to be administered to the	32042
individual by a home health agency certified under Title XVIII of	32043
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	32044
as amended; a hospice care program licensed under Chapter 3712. of	32045
the Revised Code; or a member of the staff of the residential care	32046
facility who is qualified to perform medication administration.	32047
Medication may be administered in a residential care facility only	32048
by the following persons authorized by law to administer	32049
medication:	32050

(a) A registered nurse licensed under Chapter 4723. of the	32051
Revised Code;	32052

(b) A licensed practical nurse licensed under Chapter 4723.	32053
of the Revised Code who holds proof of successful completion of a	32054
course in medication administration approved by the board of	32055
nursing and who administers the medication only at the direction	32056
of a registered nurse or a physician authorized under Chapter	32057
4731. of the Revised Code to practice medicine and surgery or	32058
osteopathic medicine and surgery;	32059

(c) A medication aide certified under Chapter 4723. of the	32060
Revised Code;	32061

(d) A physician authorized under Chapter 4731. of the Revised	32062
Code to practice medicine and surgery or osteopathic medicine and	32063
surgery.	32064

(2) In assisting a resident with self-administration of	32065
medication, any member of the staff of a residential care facility	32066
may do the following:	32067

(a) Remind a resident when to take medication and watch to	32068
ensure that the resident follows the directions on the container;	32069

(b) Assist a resident by taking the medication from the	32070
locked area where it is stored, in accordance with rules adopted	32071
pursuant to section 3721.04 of the Revised Code, and handing it to	32072
the resident. If the resident is physically unable to open the	32073
container, a staff member may open the container for the resident.	32074

(c) Assist a physically impaired but mentally alert resident,	32075
such as a resident with arthritis, cerebral palsy, or Parkinson's	32076
disease, in removing oral or topical medication from containers	32077
and in consuming or applying the medication, upon request by or	32078
with the consent of the resident. If a resident is physically	32079
unable to place a dose of medicine to the resident's mouth without	32080
spilling it, a staff member may place the dose in a container and	32081
place the container to the mouth of the resident.	32082

(C) A residential care facility may admit or retain	32083
individuals who require skilled nursing care beyond the	32084
supervision of special diets, application of dressings, or	32085
administration of medication, only if the care will be provided on	32086
a part-time, intermittent basis for not more than a total of one	32087
hundred twenty days in any twelve-month period. In accordance with	32088
Chapter 119. of the Revised Code, the public health council shall	32089
adopt rules specifying what constitutes the need for skilled	32090
nursing care on a part-time, intermittent basis. The council shall	32091
adopt rules that are consistent with rules pertaining to home	32092
health care adopted by the director of job and family services for	32093
the medical assistance program established under Chapter 5111. of	32094
the Revised Code. Skilled nursing care provided pursuant to this	32095
division may be provided by a home health agency certified under	32096
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	32097
U.S.C.A. 301, as amended, a hospice care program licensed under	32098
Chapter 3712. of the Revised Code, or a member of the staff of a	32099
residential care facility who is qualified to perform skilled	32100
nursing care.	32101

A residential care facility that provides skilled nursing	32102
care pursuant to this division shall do both of the following:	32103

(1) Evaluate each resident receiving the skilled nursing care	32104
at least once every seven days to determine whether the resident	32105
should be transferred to a nursing home;	32106

(2) Meet the skilled nursing care needs of each resident	32107
receiving the care.	32108

(D) Notwithstanding any other provision of this chapter, a	32109
residential care facility in which residents receive skilled	32110
nursing care pursuant to this section is not a nursing home.	32111

Sec. 3721.02. (A) The director of health shall license homes	32112
and establish procedures to be followed in inspecting and	32113
licensing homes. The director may inspect a home at any time. Each	32114
home shall be inspected by the director at least once prior to the	32115
issuance of a license and at least once every fifteen months	32116
thereafter. The state fire marshal or a township, municipal, or	32117
other legally constituted fire department approved by the marshal	32118
shall also inspect a home prior to issuance of a license, at least	32119
once every fifteen months thereafter, and at any other time	32120
requested by the director. A home does not have to be inspected	32121
prior to issuance of a license by the director, state fire	32122
marshal, or a fire department if ownership of the home is assigned	32123
or transferred to a different person and the home was licensed	32124
under this chapter immediately prior to the assignment or	32125
transfer. The director may enter at any time, for the purposes of	32126
investigation, any institution, residence, facility, or other	32127
structure that has been reported to the director or that the	32128
director has reasonable cause to believe is operating as a nursing	32129
home, residential care facility, or home for the aging without a	32130
valid license required by section 3721.05 of the Revised Code or,	32131
in the case of a county home or district home, is operating	32132
despite the revocation of its residential care facility license.	32133
The director may delegate the director's authority and duties	32134
under this chapter to any division, bureau, agency, or official of	32135
the department of health.	32136

(B) A single facility may be licensed both as a nursing home	32137
pursuant to this chapter and as an adult care facility pursuant to	32138
Chapter 3722. of the Revised Code if the director determines that	32139
the part or unit to be licensed as a nursing home can be	32140
maintained separate and discrete from the part or unit to be	32141
licensed as an adult care facility.	32142

(C) In determining the number of residents in a home for the	32143
purpose of licensing, the director shall consider all the	32144
individuals for whom the home provides accommodations as one group	32145
unless one of the following is the case:	32146

(1) The home is a home for the aging, in which case all the	32147
individuals in the part or unit licensed as a nursing home shall	32148
be considered as one group, and all the individuals in the part or	32149
unit licensed as a rest home shall be considered as another group.	32150

(2) The home is both a nursing home and an adult care	32151
facility. In that case, all the individuals in the part or unit	32152
licensed as a nursing home shall be considered as one group, and	32153
all the individuals in the part or unit licensed as an adult care	32154
facility shall be considered as another group.	32155

(3) The home maintains, in addition to a nursing home or	32156
residential care facility, a separate and discrete part or unit	32157
that provides accommodations to individuals who do not require or	32158
receive skilled nursing care and do not receive personal care	32159
services from the home, in which case the individuals in the	32160
separate and discrete part or unit shall not be considered in	32161
determining the number of residents in the home if the separate	32162
and discrete part or unit is in compliance with the Ohio basic	32163
building code established by the board of building standards under	32164
Chapters 3781. and 3791. of the Revised Code and the home permits	32165
the director, on request, to inspect the separate and discrete	32166
part or unit and speak with the individuals residing there, if	32167
they consent, to determine whether the separate and discrete part	32168
or unit meets the requirements of this division.	32169

(D) The director of health shall charge an application fee	32170
and an annual renewal licensing and inspection fee of one hundred	32171
~~five~~seventy dollars for each fifty persons or part thereof of a	32172
home's licensed capacity. All fees collected by the director for	32173
the issuance or renewal of licenses shall be deposited into the	32174
state treasury to the credit of the general operations fund	32175
created in section 3701.83 of the Revised Code for use only in	32176
administering and enforcing this chapter and rules adopted under	32177
it.	32178

(E)(1) Except as otherwise provided in this section, the	32179
results of an inspection or investigation of a home that is	32180
conducted under this section, including any statement of	32181
deficiencies and all findings and deficiencies cited in the	32182
statement on the basis of the inspection or investigation, shall	32183
be used solely to determine the home's compliance with this	32184
chapter or another chapter of the Revised Code in any action or	32185
proceeding other than an action commenced under division (I) of	32186
section 3721.17 of the Revised Code. Those results of an	32187
inspection or investigation, that statement of deficiencies, and	32188
the findings and deficiencies cited in that statement shall not be	32189
used in any court or in any action or proceeding that is pending	32190
in any court and are not admissible in evidence in any action or	32191
proceeding unless that action or proceeding is an appeal of an	32192
action by the department of health under this chapter or is an	32193
action by any department or agency of the state to enforce this	32194
chapter or another chapter of the Revised Code.	32195

(2) Nothing in division (E)(1) of this section prohibits the	32196
results of an inspection or investigation conducted under this	32197
section from being used in a criminal investigation or	32198
prosecution.	32199

Sec. 3721.03. ~~The~~(A) As used in this section, "person" has	32200
the same meaning as in section 1.59 of the Revised Code.	32201

(B) The director of health shall enforce the provisions of	32202
sections 3721.01 to ~~3721.09~~3721.13 and 3721.99 of the Revised	32203
Code and may issue orders to secure compliance with the provisions	32204
of these sections and the rules adopted under them. The director	32205
may hold hearings, issue subpoenas, compel testimony, and make	32206
adjudications. In	32207

The director may issue an order revoking a license in the	32208
event the director finds, upon hearing or opportunity afforded	32209
~~therefor~~pursuant to Chapter 119. of the Revised Code, that any of	32210
the following apply to a person~~, firm, partnership, association,~~	32211
~~corporation~~, county home, or district home licensed under section	32212
3721.07 of the Revised Code ~~is in violation of~~:	32213

(1) Has violated any of the provisions of Chapter 3721. of	32214
the Revised Code or rules adopted by the public health council	32215
under it; ~~is in violation of~~	32216

(2) Has violated any order issued by the director; is

32217

(3) Is not, or any of its principals are not suitable,	32218
morally or financially to operate such an institution; ~~or is~~	32219

(4) Is not furnishing humane, kind, and adequate treatment	32220
and care~~, the director may issue an order revoking the license~~	32221
~~previously issued by the director~~;	32222

(5) Has had a long-standing pattern of violations of this	32223
chapter or the rules adopted under it that has caused physical,	32224
emotional, mental, or psychosocial harm to one or more residents.	32225
~~Upon~~	32226

Upon the issuance of any order of revocation, the person	32227
whose license is revoked, or the county home or district home that	32228
has its license revoked, may appeal in accordance with Chapter	32229
119. of the Revised Code.	32230

~~The state fire marshal shall enforce all statutes and rules~~	32231
~~pertaining to fire safety in homes and shall adopt rules~~	32232
~~pertaining to fire safety in homes as the marshal determines~~	32233
~~necessary. The rules adopted by the marshal shall be in addition~~	32234
~~to those fire safety rules that the board of building standards~~	32235
~~and the public health council are empowered to adopt and shall be~~	32236
~~adopted prior to December 31, 1972. In the event of a dispute~~	32237
~~between the marshal and another officer having responsibilities~~	32238
~~under sections 3721.01 to 3721.09 of the Revised Code with respect~~	32239
~~to the interpretation or application of a specific fire safety~~	32240
~~statute or rule, the interpretation of the marshal shall prevail.~~	32241

~~If the ownership of a home is assigned or transferred to a~~	32242
~~different person, the new owner is responsible and liable for~~	32243
~~compliance with any notice of proposed action or order issued~~	32244
~~under this section in accordance with Chapter 119. of the Revised~~	32245
~~Code prior to the effective date of the assignment or transfer~~(C)	32246
Once the director notifies a person, county home, or district home	32247
licensed to operate a home that the license may be revoked or	32248
issues any order under this section, the person, county home, or	32249
district home shall not assign or transfer to another person or	32250
entity the right to operate the home. This prohibition shall	32251
remain in effect until proceedings under Chapter 119. of the	32252
Revised Code concerning the order or license revocation have been	32253
concluded or the director notifies the person, county home, or	32254
district home that the prohibition has been lifted.	32255

If a license is revoked under this section, the former	32256
license holder shall not assign or transfer or consent to	32257
assignment or transfer of the right to operate the home. Any	32258
attempted assignment or transfer to another person or entity is	32259
void.	32260

On revocation of a license, the former licensee shall take	32261
all necessary steps to cease operation of the home.	32262

The director of health shall not accept a certificate of need	32263
application under section 3702.52 of the Revised Code regarding a	32264
home if the license to operate the home has been revoked under	32265
this section.	32266

Sec. 3721.032. The state fire marshal shall enforce all	32267
statutes and rules pertaining to fire safety in homes and shall	32268
adopt rules pertaining to fire safety in homes as the marshal	32269
determines necessary. The rules adopted by the marshal shall be in	32270
addition to those fire safety rules that the board of building	32271
standards and the public health council are empowered to adopt. In	32272
the event of a dispute between the marshal and another officer	32273
having responsibilities under sections 3721.01 to 3721.09 of the	32274
Revised Code with respect to the interpretation or application of	32275
a specific fire safety statute or rule, the interpretation of the	32276
marshal shall prevail.	32277

Sec. 3721.07. Every person desiring to operate a home and	32278
the superintendent or administrator of each county home or	32279
district home for which a license as a residential care facility	32280
is sought shall apply for a license to the director of health. The	32281
director shall issue a license for the home, if after	32282
investigation of the applicant and, if required by section 3721.02	32283
of the Revised Code, inspection of the home, the following	32284
requirements or conditions are satisfied or complied with:	32285

(A) The applicant has not been convicted of a felony or a	32286
crime involving moral turpitude;	32287

(B) The applicant is not violating any of the rules made by	32288
the public health council or any order issued by the director of	32289
health;	32290

(C) The applicant has not had a license to operate the home	32291
revoked pursuant to section 3721.03 of the Revised Code because of	32292
any act or omission that jeopardized a resident's health, welfare,	32293
or safety nor has the applicant had a long-standing pattern of	32294
violations of this chapter or rules adopted under it that caused	32295
physical, emotional, mental, or psychosocial harm to one or more	32296
residents.	32297

(D) The buildings in which the home is housed have been	32298
approved by the state fire marshal or a township, municipal, or	32299
other legally constituted fire department approved by the marshal.	32300
In the approval of a home such agencies shall apply standards	32301
prescribed by the board of building standards, and by the state	32302
fire marshal, and by section 3721.071 of the Revised Code.	32303

~~(D)~~(E) The applicant, if it is an individual, or the	32304
principal participants, if it is an association or a corporation,	32305
is or are suitable financially and morally to operate a home;	32306

~~(E)~~(F) The applicant is equipped to furnish humane, kind, and	32307
adequate treatment and care;	32308

~~(F)~~(G) The home does not maintain or contain:

32309

(1) Facilities for the performance of major surgical	32310
procedures;	32311

(2) Facilities for providing therapeutic radiation;

32312

(3) An emergency ward;

32313

(4) A clinical laboratory unless it is under the supervision	32314
of a clinical pathologist who is a licensed physician in this	32315
state;	32316

(5) Facilities for radiological examinations unless such	32317
examinations are performed only by a person licensed to practice	32318
medicine, surgery, or dentistry in this state.	32319

~~(G)~~(H) The home does not accept or treat outpatients, except	32320
upon the written orders of a physician licensed in this state,	32321
maternity cases, boarding children, and does not house transient	32322
guests, other than participants in an adult day-care program, for	32323
twenty-four hours or less;	32324

~~(H)~~(I) The home is in compliance with sections 3721.28 and	32325
3721.29 of the Revised Code.	32326

When the director issues a license, the license shall remain	32327
in effect until revoked by the director or voided at the request	32328
of the applicant; provided, there shall be an annual renewal fee	32329
payable during the month of January of each calendar year. Any	32330
licensed home that does not pay its renewal fee in January shall	32331
pay, beginning the first day of February, a late fee of one	32332
hundred dollars for each week or part thereof that the renewal fee	32333
is not paid. If either the renewal fee or the late fee is not paid	32334
by the fifteenth day of February, the director may, in accordance	32335
with Chapter 119. of the Revised Code, revoke the home's license.	32336

If, under division (B)(5) of section 3721.03 of the Revised	32337
Code, the license of a person has been revoked or the license of a	32338
county home or district home to operate as a residential care	32339
facility has been revoked, the director of health shall not issue	32340
a license to the person or home at any time. A person whose	32341
license is revoked, and a county home or district home that has	32342
its license as a residential care facility revoked other than	32343
under division (B)(5) of section 3721.03 of the Revised Code, for	32344
any reason other than nonpayment of the license renewal fee or	32345
late fees ~~may~~shall not ~~apply for~~be issued a new license under	32346
this chapter until a period of one year following the date of	32347
revocation has elapsed.	32348

Any applicant who is denied a license may appeal in	32349
accordance with Chapter 119. of the Revised Code.	32350

Sec. 3721.15. (A) Authorization from a resident or a sponsor	32351
with a power of attorney for a home to manage the resident's	32352
financial affairs shall be in writing and shall be attested to by	32353
a witness who is not connected in any manner whatsoever with the	32354
home or its administrator. The home shall maintain accounts	32355
pursuant to division (A)(27) of section 3721.13 of the Revised	32356
Code. Upon the resident's transfer, discharge, or death, the	32357
account shall be closed and a final accounting made. All remaining	32358
funds shall be returned to the resident or resident's sponsor,	32359
except in the case of death, when all remaining funds shall be	32360
transferred or used in accordance with section ~~5111.112~~5111.113	32361
of the Revised Code.	32362

(B) A home that manages a resident's financial affairs shall	32363
deposit the resident's funds in excess of one hundred dollars, and	32364
may deposit the resident's funds that are one hundred dollars or	32365
less, in an interest-bearing account separate from any of the	32366
home's operating accounts. Interest earned on the resident's funds	32367
shall be credited to the resident's account. A resident's funds	32368
that are one hundred dollars or less and have not been deposited	32369
in an interest-bearing account may be deposited in a	32370
noninterest-bearing account or petty cash fund.	32371

(C) Each resident whose financial affairs are managed by a	32372
home shall be promptly notified by the home when the total of the	32373
amount of funds in the resident's accounts and the petty cash fund	32374
plus other nonexempt resources reaches two hundred dollars less	32375
than the maximum amount permitted a recipient of medicaid. The	32376
notice shall include an explanation of the potential effect on the	32377
resident's eligibility for medicaid if the amount in the	32378
resident's accounts and the petty cash fund, plus the value of	32379
other nonexempt resources, exceeds the maximum assets a medicaid	32380
recipient may retain.	32381

(D) Each home that manages the financial affairs of residents	32382
shall purchase a surety bond or otherwise provide assurance	32383
satisfactory to the director of health, or, in the case of a home	32384
that participates in the medicaid program, to the director of job	32385
and family services, to assure the security of all residents'	32386
funds managed by the home.	32387

Sec. 3721.21. As used in sections 3721.21 to 3721.34 of the	32388
Revised Code:	32389

(A) "Long-term care facility" means either of the following:

32390

(1) A nursing home as defined in section 3721.01 of the	32391
Revised Code, other than a nursing home or part of a nursing home	32392
certified as an intermediate care facility for the mentally	32393
retarded under Title XIX of the "Social Security Act," 49 Stat.	32394
620 (1935), 42 U.S.C.A. 301, as amended;	32395

(2) A facility or part of a facility that is certified as a	32396
skilled nursing facility or a nursing facility under Title XVIII	32397
or XIX of the "Social Security Act."	32398

(B) "Residential care facility" has the same meaning as in	32399
section 3721.01 of the Revised Code.	32400

(C) "Abuse" means knowingly causing physical harm or	32401
recklessly causing serious physical harm to a resident by physical	32402
contact with the resident or by use of physical or chemical	32403
restraint, medication, or isolation as punishment, for staff	32404
convenience, excessively, as a substitute for treatment, or in	32405
amounts that preclude habilitation and treatment.	32406

(D) "Neglect" means recklessly failing to provide a resident	32407
with any treatment, care, goods, or service necessary to maintain	32408
the health or safety of the resident when the failure results in	32409
serious physical harm to the resident. "Neglect" does not include	32410
allowing a resident, at the resident's option, to receive only	32411
treatment by spiritual means through prayer in accordance with the	32412
tenets of a recognized religious denomination.	32413

(E) "Misappropriation" means depriving, defrauding, or	32414
otherwise obtaining the real or personal property of a resident by	32415
any means prohibited by the Revised Code, including violations of	32416
Chapter 2911. or 2913. of the Revised Code.	32417

(F) "Resident" includes a resident, patient, former resident	32418
or patient, or deceased resident or patient of a long-term care	32419
facility or a residential care facility.	32420

(G) "Physical restraint" has the same meaning as in section	32421
3721.10 of the Revised Code.	32422

(H) "Chemical restraint" has the same meaning as in section	32423
3721.10 of the Revised Code.	32424

(I) "Nursing and nursing-related services" means the personal	32425
care services and other services not constituting skilled nursing	32426
care that are specified in rules the public health council shall	32427
adopt in accordance with Chapter 119. of the Revised Code.	32428

(J) "Personal care services" has the same meaning as in	32429
section 3721.01 of the Revised Code.	32430

(K)(1) Except as provided in division (K)(2) of this section,	32431
"~~Nurse~~nurse aide" means an individual~~, other than a licensed~~	32432
~~health professional practicing within the scope of the~~	32433
~~professional's license,~~ who provides nursing and nursing-related	32434
services to residents in a long-term care facility, either as a	32435
member of the staff of the facility for monetary compensation or	32436
as a volunteer without monetary compensation.	32437

(2) "Nurse aide" does not include either of the following:

32438

(a) A licensed health professional practicing within the	32439
scope of the professional's license;	32440

(b) An individual providing nursing and nursing-related	32441
services in a religious nonmedical health care institution, if the	32442
individual has been trained in the principles of nonmedical care	32443
and is recognized by the institution as being competent in the	32444
administration of care within the religious tenets practiced by	32445
the residents of the institution.	32446

(L) "Licensed health professional" means all of the	32447
following:	32448

(1) An occupational therapist or occupational therapy	32449
assistant licensed under Chapter 4755. of the Revised Code;	32450

(2) A physical therapist or physical therapy assistant	32451
licensed under Chapter 4755. of the Revised Code;	32452

(3) A physician authorized under Chapter 4731. of the Revised	32453
Code to practice medicine and surgery, osteopathic medicine and	32454
surgery, or podiatry;	32455

(4) A physician assistant authorized under Chapter 4730. of	32456
the Revised Code to practice as a physician assistant;	32457

(5) A registered nurse or licensed practical nurse licensed	32458
under Chapter 4723. of the Revised Code;	32459

(6) A social worker or independent social worker licensed	32460
under Chapter 4757. of the Revised Code or a social work assistant	32461
registered under that chapter;	32462

(7) A speech-language pathologist or audiologist licensed	32463
under Chapter 4753. of the Revised Code;	32464

(8) A dentist or dental hygienist licensed under Chapter	32465
4715. of the Revised Code;	32466

(9) An optometrist licensed under Chapter 4725. of the	32467
Revised Code;	32468

(10) A pharmacist licensed under Chapter 4729. of the Revised	32469
Code;	32470

(11) A psychologist licensed under Chapter 4732. of the	32471
Revised Code;	32472

(12) A chiropractor licensed under Chapter 4734. of the	32473
Revised Code;	32474

(13) A nursing home administrator licensed or temporarily	32475
licensed under Chapter 4751. of the Revised Code;	32476

(14) A professional counselor or professional clinical	32477
counselor licensed under Chapter 4757. of the Revised Code.	32478

(M) "Religious nonmedical health care institution" means an	32479
institution that meets or exceeds the conditions to receive	32480
payment under the medicare program established under Title XVIII	32481
of the "Social Security Act" for inpatient hospital services or	32482
post-hospital extended care services furnished to an individual in	32483
a religious nonmedical health care institution, as defined in	32484
section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286	32485
(1965), 42 U.S.C. 1395x(ss)(1), as amended.	32486

(N) "Competency evaluation program" means a program through	32487
which the competency of a nurse aide to provide nursing and	32488
nursing-related services is evaluated.	32489

~~(N)~~(O) "Training and competency evaluation program" means a	32490
program of nurse aide training and evaluation of competency to	32491
provide nursing and nursing-related services.	32492

Sec. 3721.50. As used in sections 3721.50 to 3721.58 of the	32493
Revised Code:	32494

(A) "Hospital" has the same meaning as in section 3727.01 of	32495
the Revised Code.	32496

(B) "Inpatient days" means all days during which a resident	32497
of a nursing facility, regardless of payment source, occupies a	32498
bed in the nursing facility that is included in the facility's	32499
certified capacity under Title XIX. Therapeutic or hospital leave	32500
days for which payment is made under section 5111.26 of the	32501
Revised Code are considered inpatient days proportionate to the	32502
percentage of the facility's per resident per day rate paid for	32503
those days.	32504

(C) "Medicaid" has the same meaning as in section 5111.01 of	32505
the Revised Code.	32506

(D) "Medicaid day" means all days during which a resident who	32507
is a medicaid recipient occupies a bed in a nursing facility that	32508
is included in the facility's certified capacity under Title XIX.	32509
Therapeutic or hospital leave days for which payment is made under	32510
section 5111.26 of the Revised Code are considered medicaid days	32511
proportionate to the percentage of the nursing facility's per	32512
resident per day rate for those days.	32513

(E) "Nursing facility" has the same meaning as in section	32514
5111.20 of the Revised Code.	32515

(F)(1) "Nursing home" means all of the following:

32516

(a) A nursing home licensed under section 3721.02 or 3721.09	32517
of the Revised Code, including any part of a home for the aging	32518
licensed as a nursing home;	32519

(b) A facility or part of a facility, other than a hospital,	32520
that is certified as a skilled nursing facility under Title XVIII	32521
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	32522
~~301, as amended~~;	32523

(c) A nursing facility ~~as defined in section 5111.20 of the~~	32524
~~Revised Code~~, other than a portion of a hospital certified as a	32525
nursing facility.	32526

(2) "Nursing home" does not include aany of the following:

32527

(a) A county home, county nursing home, or district home	32528
operated pursuant to Chapter 5155. of the Revised Code ~~or a~~;	32529

(b) A nursing home maintained and operated by the Ohio	32530
veterans' home agency under section 5907.01 of the Revised Code;	32531

(c) A nursing home or part of a nursing home licensed under	32532
section 3721.02 or 3721.09 of the Revised Code that is certified	32533
as an intermediate care facility for the mentally retarded under	32534
Title XIX ~~of the "Social Security Act~~."	32535

~~(B) "Hospital" has the same meaning as in section 3727.01 of~~	32536
~~the Revised Code.~~	32537

(G) "Title XIX" means Title XIX of the "Social Security Act,"	32538
79 Stat. 286 (1965), 42 U.S.C. 1396, as amended.	32539

(H) "Title XVIII" means Title XVIII of the "Social Security	32540
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	32541

Sec. 3721.51. The department of job and family services	32542
shall do all of the following:	32543

(A) ~~For~~Subject to division (C) of this section and for the	32544
purposes specified in ~~section~~sections 3721.56 and 3721.561 of the	32545
Revised Code, determine an annual franchise permit fee on each	32546
nursing home in an amount equal to ~~three dollars and thirty cents~~	32547
~~for fiscal year 2002, four~~six dollars and ~~thirty~~twenty-five	32548
cents for fiscal years ~~2003 through 2005,~~2006 and 2007 and one	32549
dollar for each fiscal year thereafter, multiplied by the product	32550
of the following:	32551

(1) The number of beds licensed as nursing home beds, plus	32552
any other beds certified as skilled nursing facility beds under	32553
Title XVIII or nursing facility beds under Title XIX ~~of the~~	32554
~~"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as~~	32555
~~amended,~~ on ~~July 1, 1993, and, for each subsequent year,~~ the first	32556
day of May of the calendar year in which the fee is determined	32557
pursuant to division (A) of section 3721.53 of the Revised Code;	32558

(2) The ~~number of days in fiscal year 1994 and, for each~~	32559
~~subsequent year, the~~ number of days in the fiscal year beginning	32560
on the first day of July of the calendar year in which the fee is	32561
determined pursuant to division (A) of section 3721.53 of the	32562
Revised Code.	32563

(B) ~~For~~Subject to division (C) of this section and for the	32564
purposes specified in ~~section~~sections 3721.56 and 3721.561 of the	32565
Revised Code, determine an annual franchise permit fee on each	32566
hospital in an amount equal to ~~three dollars and thirty cents for~~	32567
~~fiscal year 2002, four~~six dollars and ~~thirty~~twenty-five cents	32568
for fiscal years ~~2003 through 2005,~~2006 and 2007 and one dollar	32569
for each fiscal year thereafter, multiplied by the product of the	32570
following:	32571

(1) The number of beds registered pursuant to section 3701.07	32572
of the Revised Code as skilled nursing facility beds or long-term	32573
care beds, plus any other beds licensed as nursing home beds under	32574
section 3721.02 or 3721.09 of the Revised Code, on ~~July 1, 1993,~~	32575
~~and, for each subsequent year,~~ the first day of May of the	32576
calendar year in which the fee is determined pursuant to division	32577
(A) of section 3721.53 of the Revised Code;	32578

(2) The ~~number of days in fiscal year 1994 and, for each~~	32579
~~subsequent year, the~~ number of days in the fiscal year beginning	32580
on the first day of July of the calendar year in which the fee is	32581
determined pursuant to division (A) of section 3721.53 of the	32582
Revised Code.	32583

(C) If the United States centers for medicare and medicaid	32584
services determines that the franchise permit fee established by	32585
sections 3721.50 to 3721.58 of the Revised Code ~~would be~~is an	32586
impermissible health care related tax under section 1903(w) of the	32587
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 1396b(w), as	32588
amended, ~~the department of job and family services shall~~ take all	32589
necessary actions to cease implementation of ~~those~~ sections	32590
3721.50 to 3721.58 of the Revised Code in accordance with rules	32591
adopted under section 3721.58 of the Revised Code.	32592

Sec. 3721.52. (A) For the purpose of the fee under division	32593
(A) of section 3721.51 of the Revised Code, the department of	32594
health shall, ~~not later than August 1, 1993, and, for each~~	32595
~~subsequent year,~~ not later than the first day of each June, report	32596
to the department of job and family services the number of beds in	32597
each nursing home licensed on ~~July 1, 1993, and, for each~~	32598
~~subsequent year,~~ the preceding first day of May under section	32599
3721.02 or 3721.09 of the Revised Code or certified on that date	32600
under Title XVIII or XIX ~~of the "Social Security Act," 49 Stat.~~	32601
~~620 (1935), 42 U.S.C.A. 301, as amended~~.	32602

(B) For the purpose of the fee under division (B) of section	32603
3721.51 of the Revised Code, the department of health shall, ~~not~~	32604
~~later than August 1, 1993, and, for each subsequent year,~~ not	32605
later than the first day of each June, report to the department of	32606
job and family services the number of beds in each hospital	32607
registered on ~~July 1, 1993, and, for each subsequent year,~~ the	32608
preceding first day of May pursuant to section 3701.07 of the	32609
Revised Code as skilled nursing facility or long-term care beds or	32610
licensed on that date under section 3721.02 or 3721.09 of the	32611
Revised Code as nursing home beds.	32612

Sec. 3721.541. (A) In addition to assessing a penalty	32613
pursuant to section 3721.54 of the Revised Code, the department of	32614
job and family services may do either of the following if a	32615
nursing facility or hospital fails to pay the full amount of a	32616
franchise permit fee installment when due:	32617

(1) Withhold an amount equal to the installment and penalty	32618
assessed under section 3721.54 of the Revised Code from a medicaid	32619
payment due the nursing facility or hospital until the nursing	32620
facility or hospital pays the installment and penalty;	32621

(2) Terminate the nursing facility or hospital's medicaid	32622
provider agreement.	32623

(B) The department may withhold a medicaid payment under	32624
division (A)(1) of this section without providing notice to the	32625
nursing facility or hospital and without conducting an	32626
adjudication under Chapter 119. of the Revised Code.	32627

Sec. 3721.56. ~~(A) Thirty and three-tenths~~There is hereby	32628
created in the state treasury the home- and community-based	32629
services for the aged fund. Sixteen per cent of all payments and	32630
penalties paid by nursing homes and hospitals under sections	32631
3721.53 and 3721.54 of the Revised Code for fiscal ~~year 2002,~~	32632
~~twenty-three and twenty-six-hundredths per cent of such payments~~	32633
~~and penalties paid for fiscal~~ years ~~2003 through 2005~~2006 and	32634
2007, and all such payments and penalties paid for subsequent	32635
fiscal years, shall be deposited into the ~~"home and~~	32636
~~community-based services for the aged~~ fund~~," which is hereby~~	32637
~~created in the state treasury~~. The departments of job and family	32638
services and aging shall use the moneys in the fund to fund the	32639
following in accordance with rules adopted under section 3721.58	32640
of the Revised Code:	32641

~~(1)~~(A) The ~~medical assistance~~medicaid program established	32642
under Chapter 5111. of the Revised Code;	32643

~~(2) The~~, including the PASSPORT program established under	32644
section 173.40 of the Revised Code;	32645

~~(3)~~(B) The residential state supplement program established	32646
under section 173.35 of the Revised Code.	32647

~~(B) Sixty-nine and seven-tenths per cent of all payments and~~	32648
~~penalties paid by nursing homes and hospitals under sections~~	32649
~~3721.53 and 3721.54 of the Revised Code for fiscal year 2002, and~~	32650
~~seventy-six and seventy-four-hundredths per cent of such payments~~	32651
~~and penalties paid for fiscal years 2003 through 2005, shall be~~	32652
~~deposited into the nursing facility stabilization fund, which is~~	32653
~~hereby created in the state treasury. The department of job and~~	32654
~~family services shall use the money in the fund in the manner~~	32655
~~provided by Am. Sub. H.B. 94 and Am. Sub. S.B. 261 of the 124th~~	32656
~~general assembly.~~	32657

Sec. 3721.561. (A) There is hereby created in the state	32658
treasury the nursing facility stabilization fund. All payments and	32659
penalties paid by nursing homes and hospitals under sections	32660
3721.53 and 3721.54 of the Revised Code that are not deposited	32661
into the home and community-based services for the aged fund shall	32662
be deposited into the fund. The department of job and family	32663
services shall use the money in the fund to make medicaid payments	32664
to nursing facilities.	32665

(B) Any money remaining in the nursing facility stabilization	32666
fund after payments specified in division (A) of this section are	32667
made shall be retained in the fund. Any interest or other	32668
investment proceeds earned on money in the fund shall be credited	32669
to the fund and used to make medicaid payments in accordance with	32670
division (A) of this section.	32671

Sec. 3721.58. The director of job and family services shall	32672
adopt rules in accordance with Chapter 119. of the Revised Code to	32673
do ~~both~~all of the following:	32674

(A) Prescribe the actions the department of job and family	32675
services will take to cease implementation of sections 3721.50	32676
through 3721.57 of the Revised Code if the United States ~~health~~	32677
~~care financing administration~~centers for medicare and medicaid	32678
services determines that the franchise permit fee established by	32679
those sections is an impermissible health-care related tax under	32680
section 1903(w) of the "Social Security Act," 49 Stat. 620 (1935),	32681
42 U.S.C. ~~1396(b)(w)~~1396b(w), as amended;	32682

(B) Establish the method of distributing moneys in the home	32683
and community-based services for the aged fund created under	32684
section 3721.56 of the Revised Code;	32685

(C) Establish any requirements or procedures the director	32686
considers necessary to implement sections 3721.50 to 3721.58 of	32687
the Revised Code.	32688

Sec. 3722.01. (A) As used in this chapter:

32689

(1) "Owner" means the person who owns the business of and who	32690
ultimately controls the operation of an adult care facility and to	32691
whom the manager, if different from the owner, is responsible.	32692

(2) "Manager" means the person responsible for the daily	32693
operation of an adult care facility. The manager and the owner of	32694
a facility may be the same person.	32695

(3) "Adult" means an individual eighteen years of age or	32696
older.	32697

(4) "Unrelated" means that an adult resident is not related	32698
to the owner or manager of an adult care facility or to the	32699
owner's or manager's spouse as a parent, grandparent, child,	32700
stepchild, grandchild, brother, sister, niece, nephew, aunt, or	32701
uncle, or as the child of an aunt or uncle.	32702

(5) "Skilled nursing care" means skilled nursing care as	32703
defined in section 3721.01 of the Revised Code.	32704

(6)(a) "Personal care services" means services including, but	32705
not limited to, the following:	32706

(i) Assisting residents with activities of daily living;

32707

(ii) Assisting residents with self-administration of	32708
medication, in accordance with rules adopted by the public health	32709
council pursuant to this chapter;	32710

(iii) Preparing special diets, other than complex therapeutic	32711
diets, for residents pursuant to the instructions of a physician	32712
or a licensed dietitian, in accordance with rules adopted by the	32713
public health council pursuant to this chapter.	32714

(b) "Personal care services" does not include "skilled	32715
nursing care" as defined in section 3721.01 of the Revised Code. A	32716
facility need not provide more than one of the services listed in	32717
division (A)(6)(a) of this section to be considered to be	32718
providing personal care services.	32719

(7) "Adult family home" means a residence or facility that	32720
provides accommodations to three to five unrelated adults and	32721
supervision and personal care services to at least three of those	32722
adults.	32723

(8) "Adult group home" means a residence or facility that	32724
provides accommodations to six to sixteen unrelated adults and	32725
provides supervision and personal care services to at least three	32726
of the unrelated adults.	32727

(9) "Adult care facility" means an adult family home or an	32728
adult group home. For the purposes of this chapter, any residence,	32729
facility, institution, hotel, congregate housing project, or	32730
similar facility that provides accommodations and supervision to	32731
three to sixteen unrelated adults, at least three of whom are	32732
provided personal care services, is an adult care facility	32733
regardless of how the facility holds itself out to the public.	32734
"Adult care facility" does not include:	32735

(a) A facility operated by a hospice care program licensed	32736
under section 3712.04 of the Revised Code that is used exclusively	32737
for care of hospice patients;	32738

(b) A nursing home, residential care facility, or home for	32739
the aging as defined in section 3721.01 of the Revised Code;	32740

(c) A community alternative home as defined in section	32741
3724.01 of the Revised Code;	32742

(d) An alcohol and drug addiction program as defined in	32743
section 3793.01 of the Revised Code;	32744

(e) ~~A habilitation center as defined in section 5123.041 of~~	32745
~~the Revised Code;~~	32746

~~(f)~~ A residential facility for the mentally ill licensed by	32747
the department of mental health under section 5119.22 of the	32748
Revised Code;	32749

~~(g)~~(f) A facility licensed to provide methadone treatment	32750
under section 3793.11 of the Revised Code;	32751

~~(h)~~(g) A residential facility licensed under section 5123.19	32752
of the Revised Code or otherwise regulated by the department of	32753
mental retardation and developmental disabilities;	32754

~~(i)~~(h) Any residence, institution, hotel, congregate housing	32755
project, or similar facility that provides personal care services	32756
to fewer than three residents or that provides, for any number of	32757
residents, only housing, housekeeping, laundry, meal preparation,	32758
social or recreational activities, maintenance, security,	32759
transportation, and similar services that are not personal care	32760
services or skilled nursing care;	32761

~~(j)~~(i) Any facility that receives funding for operating costs	32762
from the department of development under any program established	32763
to provide emergency shelter housing or transitional housing for	32764
the homeless;	32765

~~(k)~~(j) A terminal care facility for the homeless that has	32766
entered into an agreement with a hospice care program under	32767
section 3712.07 of the Revised Code;	32768

~~(l)~~(k) A facility approved by the veterans administration	32769
under section 104(a) of the "Veterans Health Care Amendments of	32770
1983," 97 Stat. 993, 38 U.S.C.A. 630, as amended, and used	32771
exclusively for the placement and care of veterans;	32772

~~(m)~~(l) Until January 1, 1994, the portion of a facility in	32773
which care is provided exclusively to members of a religious order	32774
if the facility is owned by or part of a nonprofit institution of	32775
higher education authorized to award degrees by the Ohio board of	32776
regents under Chapter 1713. of the Revised Code.	32777

(10) "Residents' rights advocate" means:

32778

(a) An employee or representative of any state or local	32779
government entity that has a responsibility for residents of adult	32780
care facilities and has registered with the department of health	32781
under section 3701.07 of the Revised Code;	32782

(b) An employee or representative, other than a manager or	32783
employee of an adult care facility or nursing home, of any private	32784
nonprofit corporation or association that qualifies for tax-exempt	32785
status under section 501(a) of the "Internal Revenue Code of	32786
1986," 100 Stat. 2085, 26 U.S.C.A. 501(a), as amended, that has	32787
registered with the department of health under section 3701.07 of	32788
the Revised Code, and whose purposes include educating and	32789
counseling residents, assisting residents in resolving problems	32790
and complaints concerning their care and treatment, and assisting	32791
them in securing adequate services.	32792

(11) "Sponsor" means an adult relative, friend, or guardian	32793
of a resident of an adult care facility who has an interest in or	32794
responsibility for the resident's welfare.	32795

(12) "Ombudsperson" means a "representative of the office of	32796
the state long-term care ombudsperson program" as defined in	32797
section 173.14 of the Revised Code.	32798

(13) "Mental health agency" means a community mental health	32799
agency, as defined in section 5119.22 of the Revised Code, under	32800
contract with a board of alcohol, drug addiction, and mental	32801
health services pursuant to division (A)(8)(a) of section 340.03	32802
of the Revised Code.	32803

(B) For purposes of this chapter, personal care services or	32804
skilled nursing care shall be considered to be provided by a	32805
facility if they are provided by a person employed by or	32806
associated with the facility or by another person pursuant to an	32807
agreement to which neither the resident who receives the services	32808
nor the resident's sponsor is a party.	32809

(C) Nothing in division (A)(6) of this section shall be	32810
construed to permit personal care services to be imposed upon a	32811
resident who is capable of performing the activity in question	32812
without assistance.	32813

Sec. 3722.02. A person seeking a license to operate an adult	32814
care facility shall submit to the director of health an	32815
application on a form prescribed by the director and the	32816
following:	32817

(A) In the case of an adult group home seeking licensure as	32818
an adult care facility, evidence that the home has been inspected	32819
and approved by a local certified building department or by the	32820
division of industrial compliance in the department of commerce as	32821
meeting the applicable requirements of sections 3781.06 to 3781.18	32822
and 3791.04 of the Revised Code and any rules adopted under those	32823
sections and evidence that the home has been inspected by the	32824
state fire marshal or fire prevention officer of a municipal,	32825
township, or other legally constituted fire department approved by	32826
the state fire marshal and found to be in compliance with rules	32827
adopted under section 3737.83 of the Revised Code regarding fire	32828
prevention and safety in adult group homes;	32829

(B) Valid approvals of the facility's water and sewage	32830
systems issued by the responsible governmental entity, if	32831
applicable;	32832

(C) A statement of ownership containing the following	32833
information:	32834

(1) If the owner is an individual, the owner's name, address,	32835
telephone number, business address, business telephone number, and	32836
occupation. If the owner is an association, corporation, or	32837
partnership, the business activity, address, and telephone number	32838
of the entity and the name of every person who has an ownership	32839
interest of five per cent or more in the entity.	32840

(2) If the owner does not own the building or if the owner	32841
owns only part of the building in which the facility is housed,	32842
the name of each person who has an ownership interest of five per	32843
cent or more in the building;	32844

(3) The address of any adult care facility and any facility	32845
described in divisions (A)(9)(a) to ~~(i)~~(h) of section 3722.01 of	32846
the Revised Code in which the owner has an ownership interest of	32847
five per cent or more;	32848

(4) The identity of the manager of the adult care facility,	32849
if different from the owner;	32850

(5) The name and address of any adult care facility and any	32851
facility described in divisions (A)(9)(a) to ~~(i)~~(h) of section	32852
3722.01 of the Revised Code with which either the owner or manager	32853
has been affiliated through ownership or employment in the five	32854
years prior to the date of the application;	32855

(6) The names and addresses of three persons not employed by	32856
or associated in business with the owner who will provide	32857
information about the character, reputation, and competence of the	32858
owner and the manager and the financial responsibility of the	32859
owner;	32860

(7) Information about any arrest of the owner or manager for,	32861
or adjudication or conviction of, a criminal offense related to	32862
the provision of care in an adult care facility or any facility	32863
described in divisions (A)(9)(a) to ~~(i)~~(h) of section 3722.01 of	32864
the Revised Code or the ability to operate a facility;	32865

(8) Any other information the director may require regarding	32866
the owner's ability to operate the facility.	32867

(D) If the facility is an adult group home, a balance sheet	32868
showing the assets and liabilities of the owner and a statement	32869
projecting revenues and expenses for the first twelve months of	32870
the facility's operation;	32871

(E) Proof of insurance in an amount and type determined in	32872
rules adopted by the public health council pursuant to this	32873
chapter to be adequate;	32874

(F) A nonrefundable license application fee in an amount	32875
established in rules adopted by the public health council pursuant	32876
to this chapter.	32877

Sec. 3722.04. (A)(1) The director of health shall inspect,	32878
license, and regulate adult care facilities. Except as otherwise	32879
provided in division (D) of this section, the director shall issue	32880
a license to an adult care facility that meets the requirements of	32881
section 3722.02 of the Revised Code and that the director	32882
determines to be in substantial compliance with the rules adopted	32883
by the public health council pursuant to this chapter. The	32884
director shall consider the past record of the owner and manager	32885
and any individuals who are principal participants in an entity	32886
that is the owner or manager in operating facilities providing	32887
care to adults. The director may, in accordance with Chapter 119.	32888
of the Revised Code, deny a license if the past record indicates	32889
that the owner or manager is not suitable to own or manage an	32890
adult care facility.	32891

The license shall contain the name and address of the	32892
facility for which it was issued, the date of expiration of the	32893
license, and the maximum number of residents that may be	32894
accommodated by the facility. A license for an adult care facility	32895
shall be valid for a period of two years after the date of	32896
issuance. No single facility may be licensed to operate as more	32897
than one adult care facility.	32898

(2) Notwithstanding division (A)(1) of this section and	32899
sections 3722.02 and 3722.041 of the Revised Code, the director	32900
may issue a temporary license if the requirements of divisions	32901
(C), (D), and (F) of section 3722.02 of the Revised Code have been	32902
met. A temporary license shall be valid for a period of ninety	32903
days and, except as otherwise provided in division (A)(3) of	32904
section 3722.05 of the Revised Code, may be renewed, without	32905
payment of an additional application fee, for an additional ninety	32906
days.	32907

(B) The director shall renew a license for a two-year period	32908
if the facility continues to be in compliance with the	32909
requirements of this chapter and in substantial compliance with	32910
the rules adopted under this chapter. The owner shall submit a	32911
nonrefundable license renewal application fee in an amount	32912
established in rules adopted by the public health council pursuant	32913
to this chapter. Before the license of an adult group home is	32914
renewed, if any alterations have been made to the buildings, a	32915
certificate of occupancy for the facility shall have been issued	32916
by the division of industrial compliance in the department of	32917
commerce or a local certified building department. The facility	32918
shall have water and sewage system approvals, if required by law,	32919
and, in the case of an adult group home, documentation of	32920
continued compliance with the rules adopted by the state fire	32921
marshal under division (F) of section 3737.83 of the Revised Code.	32922

(C) The director shall make at least one unannounced	32923
inspection of an adult care facility during each licensure period	32924
in addition to inspecting the facility to determine whether a	32925
license should be issued or renewed, and may make additional	32926
unannounced inspections as the director considers necessary. Other	32927
inspections may be made at any time that the director considers	32928
appropriate. The director shall take all reasonable actions to	32929
avoid giving notice of an inspection by the manner in which the	32930
inspection is scheduled or performed. Not later than sixty days	32931
after the date of an inspection of a facility, the director shall	32932
send a report of the inspection to the ombudsperson in whose	32933
region the facility is located. The state fire marshal or fire	32934
prevention officer of a municipal, township, or other legally	32935
constituted fire department approved by the state fire marshal	32936
shall inspect an adult group home seeking a license or renewal	32937
under this chapter as an adult care facility prior to issuance of	32938
a license or renewal, at least once annually thereafter, and at	32939
any other time at the request of the director, to determine	32940
compliance with the rules adopted under division (F) of section	32941
3737.83 of the Revised Code.	32942

(D) The director may waive any of the licensing requirements	32943
having to do with fire and safety requirements or building	32944
standards established by rule adopted by the public health council	32945
pursuant to this chapter upon written request of the facility. The	32946
director may grant a waiver if the director determines that the	32947
strict application of the licensing requirement would cause undue	32948
hardship to the facility and that granting the waiver would not	32949
jeopardize the health or safety of any resident. The director may	32950
provide a facility with an informal hearing concerning the denial	32951
of a waiver request, but the facility shall not be entitled to a	32952
hearing under Chapter 119. of the Revised Code unless the director	32953
takes an action that requires a hearing to be held under section	32954
3722.05 of the Revised Code.	32955

(E)(1) Not later than thirty days after ~~the issuance or~~	32956
~~renewal of the license, other than a temporary license, of an~~	32957
~~adult care facility under this section~~each of the following, the	32958
owner of an adult care facility shall submit an inspection fee of	32959
~~ten~~twenty dollars for each bed for which the facility is	32960
licensed:	32961

(a) Issuance or renewal of a license, other than a temporary	32962
license;	32963

(b) The unannounced inspection required by division (C) of	32964
this section;	32965

(c) If, during an inspection conducted in addition to the two	32966
inspections required by division (C) of this section, the facility	32967
was found to be in violation of this chapter or the rules adopted	32968
under it, receipt by the facility of the report of that	32969
investigation. ~~The~~	32970

(2) The director may revoke the license of any adult care	32971
facility that fails to submit the fee within the thirty-day	32972
period. ~~All~~	32973

(3) All inspection fees received by the director, all civil	32974
penalties assessed under section 3722.08 of the Revised Code, all	32975
fines imposed under section 3722.99 of the Revised Code, and all	32976
license application and renewal application fees received under	32977
division (F) of section 3722.02 of the Revised Code or under	32978
division (B) of this section shall be deposited into the general	32979
operations fund created in section 3701.83 of the Revised Code and	32980
shall be used only to pay the costs of administering and enforcing	32981
the requirements of this chapter and rules adopted under it.	32982

(F)(1) An owner shall inform the director in writing of any	32983
changes in the information contained in the statement of ownership	32984
made pursuant to division (C) of section 3722.02 of the Revised	32985
Code or in the identity of the manager, not later than ten days	32986
after the change occurs.	32987

(2) An owner who sells or transfers an adult care facility	32988
shall be responsible and liable for the following:	32989

(a) Any civil penalties imposed against the facility under	32990
section 3722.08 of the Revised Code for violations that occur	32991
before the date of transfer of ownership or during any period in	32992
which the seller or the seller's agent operates the facility;	32993

(b) Any outstanding liability to the state, unless the buyer	32994
or transferee has agreed, as a condition of the sale or transfer,	32995
to accept the outstanding liabilities and to guarantee their	32996
payment, except that if the buyer or transferee fails to meet	32997
these obligations the seller or transferor shall remain	32998
responsible for the outstanding liability.	32999

(G) The director shall annually publish a list of licensed	33000
adult care facilities, facilities whose licenses have been revoked	33001
or not renewed, any facilities under an order suspending	33002
admissions pursuant to section 3722.07 of the Revised Code, and	33003
any facilities that have been assessed a civil penalty pursuant to	33004
section 3722.08 of the Revised Code. The director shall furnish	33005
information concerning the status of licensure of any facility to	33006
any person upon request. The director shall annually send a copy	33007
of the list to the department of job and family services, to the	33008
department of mental health, and to the department of aging.	33009

Sec. 3734.01. As used in this chapter:

33010

(A) "Board of health" means the board of health of a city or	33011
general health district or the authority having the duties of a	33012
board of health in any city as authorized by section 3709.05 of	33013
the Revised Code.	33014

(B) "Director" means the director of environmental	33015
protection.	33016

(C) "Health district" means a city or general health district	33017
as created by or under authority of Chapter 3709. of the Revised	33018
Code.	33019

(D) "Agency" means the environmental protection agency.

33020

(E) "Solid wastes" means such unwanted residual solid or	33021
semisolid material as results from industrial, commercial,	33022
agricultural, and community operations, excluding earth or	33023
material from construction, mining, or demolition operations, or	33024
other waste materials of the type that normally would be included	33025
in demolition debris, nontoxic fly ash and bottom ash, including	33026
at least ash that results from the combustion of coal and ash that	33027
results from the combustion of coal in combination with scrap	33028
tires where scrap tires comprise not more than fifty per cent of	33029
heat input in any month, spent nontoxic foundry sand, nontoxic,	33030
nonhazardous, unwanted fired and unfired, glazed and unglazed,	33031
structural shale and clay products, and slag and other substances	33032
that are not harmful or inimical to public health, and includes,	33033
but is not limited to, garbage, scrap tires, combustible and	33034
noncombustible material, street dirt, and debris. "Solid wastes"	33035
does not include ~~any~~either of the following:	33036

(1) Any material that is an infectious waste or a hazardous	33037
waste;	33038

(2) Spent petroleum refinery hydrotreating, hydrorefining,	33039
and hydrocracking catalysts that are used to produce	33040
ferrovanadium, iron nickel molybdenum, and calcium aluminate	33041
alloys for the steel, iron, and nickel industries unless the	33042
catalysts are disposed of at a solid waste facility licensed under	33043
this chapter or are accumulated speculatively.	33044

(F) "Disposal" means the discharge, deposit, injection,	33045
dumping, spilling, leaking, emitting, or placing of any solid	33046
wastes or hazardous waste into or on any land or ground or surface	33047
water or into the air, except if the disposition or placement	33048
constitutes storage or treatment or, if the solid wastes consist	33049
of scrap tires, the disposition or placement constitutes a	33050
beneficial use or occurs at a scrap tire recovery facility	33051
licensed under section 3734.81 of the Revised Code.	33052

(G) "Person" includes the state, any political subdivision	33053
and other state or local body, the United States and any agency or	33054
instrumentality thereof, and any legal entity defined as a person	33055
under section 1.59 of the Revised Code.	33056

(H) "Open burning" means the burning of solid wastes in an	33057
open area or burning of solid wastes in a type of chamber or	33058
vessel that is not approved or authorized in rules adopted by the	33059
director under section 3734.02 of the Revised Code or, if the	33060
solid wastes consist of scrap tires, in rules adopted under	33061
division (V) of this section or section 3734.73 of the Revised	33062
Code, or the burning of treated or untreated infectious wastes in	33063
an open area or in a type of chamber or vessel that is not	33064
approved in rules adopted by the director under section 3734.021	33065
of the Revised Code.	33066

(I) "Open dumping" means the depositing of solid wastes into	33067
a body or stream of water or onto the surface of the ground at a	33068
site that is not licensed as a solid waste facility under section	33069
3734.05 of the Revised Code or, if the solid wastes consist of	33070
scrap tires, as a scrap tire collection, storage, monocell,	33071
monofill, or recovery facility under section 3734.81 of the	33072
Revised Code; the depositing of solid wastes that consist of scrap	33073
tires onto the surface of the ground at a site or in a manner not	33074
specifically identified in divisions (C)(2) to (5), (7), or (10)	33075
of section 3734.85 of the Revised Code; the depositing of	33076
untreated infectious wastes into a body or stream of water or onto	33077
the surface of the ground; or the depositing of treated infectious	33078
wastes into a body or stream of water or onto the surface of the	33079
ground at a site that is not licensed as a solid waste facility	33080
under section 3734.05 of the Revised Code.	33081

(J) "Hazardous waste" means any waste or combination of	33082
wastes in solid, liquid, semisolid, or contained gaseous form that	33083
in the determination of the director, because of its quantity,	33084
concentration, or physical or chemical characteristics, may do	33085
either of the following:	33086

(1) Cause or significantly contribute to an increase in	33087
mortality or an increase in serious irreversible or incapacitating	33088
reversible illness;	33089

(2) Pose a substantial present or potential hazard to human	33090
health or safety or to the environment when improperly stored,	33091
treated, transported, disposed of, or otherwise managed.	33092

"Hazardous waste" includes any substance identified by	33093
regulation as hazardous waste under the "Resource Conservation and	33094
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	33095
amended, and does not include any substance that is subject to the	33096
"Atomic Energy Act of 1954," 68 Stat. 919, 42 U.S.C.A. 2011, as	33097
amended.	33098

(K) "Treat" or "treatment," when used in connection with	33099
hazardous waste, means any method, technique, or process designed	33100
to change the physical, chemical, or biological characteristics or	33101
composition of any hazardous waste; to neutralize the waste; to	33102
recover energy or material resources from the waste; to render the	33103
waste nonhazardous or less hazardous, safer to transport, store,	33104
or dispose of, or amenable for recovery, storage, further	33105
treatment, or disposal; or to reduce the volume of the waste. When	33106
used in connection with infectious wastes, "treat" or "treatment"	33107
means any method, technique, or process designed to render the	33108
wastes noninfectious, including, without limitation, steam	33109
sterilization and incineration, or, in the instance of wastes	33110
identified in division (R)(7) of this section, to substantially	33111
reduce or eliminate the potential for the wastes to cause	33112
lacerations or puncture wounds.	33113

(L) "Manifest" means the form used for identifying the	33114
quantity, composition, origin, routing, and destination of	33115
hazardous waste during its transportation from the point of	33116
generation to the point of disposal, treatment, or storage.	33117

(M) "Storage," when used in connection with hazardous waste,	33118
means the holding of hazardous waste for a temporary period in	33119
such a manner that it remains retrievable and substantially	33120
unchanged physically and chemically and, at the end of the period,	33121
is treated; disposed of; stored elsewhere; or reused, recycled, or	33122
reclaimed in a beneficial manner. When used in connection with	33123
solid wastes that consist of scrap tires, "storage" means the	33124
holding of scrap tires for a temporary period in such a manner	33125
that they remain retrievable and, at the end of that period, are	33126
beneficially used; stored elsewhere; placed in a scrap tire	33127
monocell or monofill facility licensed under section 3734.81 of	33128
the Revised Code; processed at a scrap tire recovery facility	33129
licensed under that section or a solid waste incineration or	33130
energy recovery facility subject to regulation under this chapter;	33131
or transported to a scrap tire monocell, monofill, or recovery	33132
facility, any other solid waste facility authorized to dispose of	33133
scrap tires, or a facility that will beneficially use the scrap	33134
tires, that is located in another state and is operating in	33135
compliance with the laws of the state in which the facility is	33136
located.	33137

(N) "Facility" means any site, location, tract of land,	33138
installation, or building used for incineration, composting,	33139
sanitary landfilling, or other methods of disposal of solid wastes	33140
or, if the solid wastes consist of scrap tires, for the	33141
collection, storage, or processing of the solid wastes; for the	33142
transfer of solid wastes; for the treatment of infectious wastes;	33143
or for the storage, treatment, or disposal of hazardous waste.	33144

(O) "Closure" means the time at which a hazardous waste	33145
facility will no longer accept hazardous waste for treatment,	33146
storage, or disposal, the time at which a solid waste facility	33147
will no longer accept solid wastes for transfer or disposal or, if	33148
the solid wastes consist of scrap tires, for storage or	33149
processing, or the effective date of an order revoking the permit	33150
for a hazardous waste facility or the registration certificate,	33151
permit, or license for a solid waste facility, as applicable.	33152
"Closure" includes measures performed to protect public health or	33153
safety, to prevent air or water pollution, or to make the facility	33154
suitable for other uses, if any, including, but not limited to,	33155
the removal of processing residues resulting from solid wastes	33156
that consist of scrap tires; the establishment and maintenance of	33157
a suitable cover of soil and vegetation over cells in which	33158
hazardous waste or solid wastes are buried; minimization of	33159
erosion, the infiltration of surface water into such cells, the	33160
production of leachate, and the accumulation and runoff of	33161
contaminated surface water; the final construction of facilities	33162
for the collection and treatment of leachate and contaminated	33163
surface water runoff, except as otherwise provided in this	33164
division; the final construction of air and water quality	33165
monitoring facilities, except as otherwise provided in this	33166
division; the final construction of methane gas extraction and	33167
treatment systems; or the removal and proper disposal of hazardous	33168
waste or solid wastes from a facility when necessary to protect	33169
public health or safety or to abate or prevent air or water	33170
pollution. With regard to a solid waste facility that is a scrap	33171
tire facility, "closure" includes the final construction of	33172
facilities for the collection and treatment of leachate and	33173
contaminated surface water runoff and the final construction of	33174
air and water quality monitoring facilities only if those actions	33175
are determined to be necessary.	33176

(P) "Premises" means either of the following:

33177

(1) Geographically contiguous property owned by a generator;

33178

(2) Noncontiguous property that is owned by a generator and	33179
connected by a right-of-way that the generator controls and to	33180
which the public does not have access. Two or more pieces of	33181
property that are geographically contiguous and divided by public	33182
or private right-of-way or rights-of-way are a single premises.	33183

(Q) "Post-closure" means that period of time following	33184
closure during which a hazardous waste facility is required to be	33185
monitored and maintained under this chapter and rules adopted	33186
under it, including, without limitation, operation and maintenance	33187
of methane gas extraction and treatment systems, or the period of	33188
time after closure during which a scrap tire monocell or monofill	33189
facility licensed under section 3734.81 of the Revised Code is	33190
required to be monitored and maintained under this chapter and	33191
rules adopted under it.	33192

(R) "Infectious wastes" includes all of the following	33193
substances or categories of substances:	33194

(1) Cultures and stocks of infectious agents and associated	33195
biologicals, including, without limitation, specimen cultures,	33196
cultures and stocks of infectious agents, wastes from production	33197
of biologicals, and discarded live and attenuated vaccines;	33198

(2) Laboratory wastes that were, or are likely to have been,	33199
in contact with infectious agents that may present a substantial	33200
threat to public health if improperly managed;	33201

(3) Pathological wastes, including, without limitation, human	33202
and animal tissues, organs, and body parts, and body fluids and	33203
excreta that are contaminated with or are likely to be	33204
contaminated with infectious agents, removed or obtained during	33205
surgery or autopsy or for diagnostic evaluation, provided that,	33206
with regard to pathological wastes from animals, the animals have	33207
or are likely to have been exposed to a zoonotic or infectious	33208
agent;	33209

(4) Waste materials from the rooms of humans, or the	33210
enclosures of animals, that have been isolated because of	33211
diagnosed communicable disease that are likely to transmit	33212
infectious agents. Such waste materials from the rooms of humans	33213
do not include any wastes of patients who have been placed on	33214
blood and body fluid precautions under the universal precaution	33215
system established by the centers for disease control in the	33216
public health service of the United States department of health	33217
and human services, except to the extent specific wastes generated	33218
under the universal precautions system have been identified as	33219
infectious wastes by rules adopted under division (R)(8) of this	33220
section.	33221

(5) Human and animal blood specimens and blood products that	33222
are being disposed of, provided that, with regard to blood	33223
specimens and blood products from animals, the animals were or are	33224
likely to have been exposed to a zoonotic or infectious agent.	33225
"Blood products" does not include patient care waste such as	33226
bandages or disposable gowns that are lightly soiled with blood or	33227
other body fluids unless those wastes are soiled to the extent	33228
that the generator of the wastes determines that they should be	33229
managed as infectious wastes.	33230

(6) Contaminated carcasses, body parts, and bedding of	33231
animals that were intentionally exposed to infectious agents from	33232
zoonotic or human diseases during research, production of	33233
biologicals, or testing of pharmaceuticals, and carcasses and	33234
bedding of animals otherwise infected by zoonotic or infectious	33235
agents that may present a substantial threat to public health if	33236
improperly managed;	33237

(7) Sharp wastes used in the treatment, diagnosis, or	33238
inoculation of human beings or animals or that have, or are likely	33239
to have, come in contact with infectious agents in medical,	33240
research, or industrial laboratories, including, without	33241
limitation, hypodermic needles and syringes, scalpel blades, and	33242
glass articles that have been broken;	33243

(8) Any other waste materials generated in the diagnosis,	33244
treatment, or immunization of human beings or animals, in research	33245
pertaining thereto, or in the production or testing of	33246
biologicals, that the public health council created in section	33247
3701.33 of the Revised Code, by rules adopted in accordance with	33248
Chapter 119. of the Revised Code, identifies as infectious wastes	33249
after determining that the wastes present a substantial threat to	33250
human health when improperly managed because they are contaminated	33251
with, or are likely to be contaminated with, infectious agents.	33252

(S) "Infectious agent" means a type of microorganism,	33253
helminth, or virus that causes, or significantly contributes to	33254
the cause of, increased morbidity or mortality of human beings.	33255

(T) "Zoonotic agent" means a type of microorganism, helminth,	33256
or virus that causes disease in vertebrate animals and that is	33257
transmissible to human beings and causes or significantly	33258
contributes to the cause of increased morbidity or mortality of	33259
human beings.	33260

(U) "Solid waste transfer facility" means any site, location,	33261
tract of land, installation, or building that is used or intended	33262
to be used primarily for the purpose of transferring solid wastes	33263
that were generated off the premises of the facility from vehicles	33264
or containers into other vehicles for transportation to a solid	33265
waste disposal facility. "Solid waste transfer facility" does not	33266
include any facility that consists solely of portable containers	33267
that have an aggregate volume of fifty cubic yards or less nor any	33268
facility where legitimate recycling activities are conducted.	33269

(V) "Beneficially use" means to use a scrap tire in a manner	33270
that results in a commodity for sale or exchange or in any other	33271
manner authorized as a beneficial use in rules adopted by the	33272
director in accordance with Chapter 119. of the Revised Code.	33273

(W) "Commercial car," "commercial tractor," "farm machinery,"	33274
"motor bus," "vehicles," "motor vehicle," and "semitrailer" have	33275
the same meanings as in section 4501.01 of the Revised Code.	33276

(X) "Construction equipment" means road rollers, traction	33277
engines, power shovels, power cranes, and other equipment used in	33278
construction work, or in mining or producing or processing	33279
aggregates, and not designed for or used in general highway	33280
transportation.	33281

(Y) "Motor vehicle salvage dealer" has the same meaning as in	33282
section 4738.01 of the Revised Code.	33283

(Z) "Scrap tire" means an unwanted or discarded tire.

33284

(AA) "Scrap tire collection facility" means any facility that	33285
meets all of the following qualifications:	33286

(1) The facility is used for the receipt and storage of whole	33287
scrap tires from the public prior to their transportation to a	33288
scrap tire storage, monocell, monofill, or recovery facility	33289
licensed under section 3734.81 of the Revised Code; a solid waste	33290
incineration or energy recovery facility subject to regulation	33291
under this chapter; a premises within the state where the scrap	33292
tires will be beneficially used; or a scrap tire storage,	33293
monocell, monofill, or recovery facility, any other solid waste	33294
disposal facility authorized to dispose of scrap tires, or a	33295
facility that will beneficially use the scrap tires, that is	33296
located in another state, and that is operating in compliance with	33297
the laws of the state in which the facility is located;.	33298

(2) The facility exclusively stores scrap tires in portable	33299
containers;.	33300

(3) The aggregate storage of the portable containers in which	33301
the scrap tires are stored does not exceed five thousand cubic	33302
feet.	33303

(BB) "Scrap tire monocell facility" means an individual site	33304
within a solid waste landfill that is used exclusively for the	33305
environmentally sound storage or disposal of whole scrap tires or	33306
scrap tires that have been shredded, chipped, or otherwise	33307
mechanically processed.	33308

(CC) "Scrap tire monofill facility" means an engineered	33309
facility used or intended to be used exclusively for the storage	33310
or disposal of scrap tires, including at least facilities for the	33311
submergence of whole scrap tires in a body of water.	33312

(DD) "Scrap tire recovery facility" means any facility, or	33313
portion thereof, for the processing of scrap tires for the purpose	33314
of extracting or producing usable products, materials, or energy	33315
from the scrap tires through a controlled combustion process,	33316
mechanical process, or chemical process. "Scrap tire recovery	33317
facility" includes any facility that uses the controlled	33318
combustion of scrap tires in a manufacturing process to produce	33319
process heat or steam or any facility that produces usable heat or	33320
electric power through the controlled combustion of scrap tires in	33321
combination with another fuel, but does not include any solid	33322
waste incineration or energy recovery facility that is designed,	33323
constructed, and used for the primary purpose of incinerating	33324
mixed municipal solid wastes and that burns scrap tires in	33325
conjunction with mixed municipal solid wastes, or any tire	33326
retreading business, tire manufacturing finishing center, or tire	33327
adjustment center having on the premises of the business a single,	33328
covered scrap tire storage area at which not more than four	33329
thousand scrap tires are stored.	33330

(EE) "Scrap tire storage facility" means any facility where	33331
whole scrap tires are stored prior to their transportation to a	33332
scrap tire monocell, monofill, or recovery facility licensed under	33333
section 3734.81 of the Revised Code; a solid waste incineration or	33334
energy recovery facility subject to regulation under this chapter;	33335
a premises within the state where the scrap tires will be	33336
beneficially used; or a scrap tire storage, monocell, monofill, or	33337
recovery facility, any other solid waste disposal facility	33338
authorized to dispose of scrap tires, or a facility that will	33339
beneficially use the scrap tires, that is located in another	33340
state, and that is operating in compliance with the laws of the	33341
state in which the facility is located.	33342

(FF) "Used oil" means any oil that has been refined from	33343
crude oil, or any synthetic oil, that has been used and, as a	33344
result of that use, is contaminated by physical or chemical	33345
impurities. "Used oil" includes only those substances identified	33346
as used oil by the United States environmental protection agency	33347
under the "Used Oil Recycling Act of 1980," 94 Stat. 2055, 42	33348
U.S.C.A. 6901a, as amended.	33349

(GG) "Accumulated speculatively" has the same meaning as in	33350
rules adopted by the director under section 3734.12 of the Revised	33351
Code.	33352

Sec. 3734.20. (A) If the director of environmental	33353
protection has reason to believe that hazardous waste was treated,	33354
stored, or disposed of at any location within the state, hethe	33355
director may conduct such investigations and make such inquiries,	33356
including obtaining samples and examining and copying records, as	33357
are reasonable or necessary to determine if conditions at a	33358
hazardous waste facility, solid waste facility, or other location	33359
where the director has reason to believe hazardous waste was	33360
treated, stored, or disposed of constitute a substantial threat to	33361
public health or safety or are causing or contributing to or	33362
threatening to cause or contribute to air or water pollution or	33363
soil contamination. The director or the director's authorized	33364
representative may apply for, and any judge of a court of common	33365
pleas shall issue, an appropriate search warrant necessary to	33366
achieve the purposes of this section within the court's	33367
territorial jurisdiction. The director may expend moneys from the	33368
hazardous waste clean-up fund created in section 3734.28 of the	33369
Revised Code or the environmental protection remediation fund	33370
created in section 3734.281 of the Revised Code for conducting	33371
investigations under this section.	33372

(B) If the director determines that conditions at a hazardous	33373
waste facility, solid waste facility, or other location where	33374
hazardous waste was treated, stored, or disposed of constitute a	33375
substantial threat to public health or safety or are causing or	33376
contributing to or threatening to cause or contribute to air or	33377
water pollution or soil contamination, the director shall initiate	33378
appropriate action under this chapter or Chapter 3704. or 6111. of	33379
the Revised Code or seek any other appropriate legal or equitable	33380
remedies to abate the pollution or contamination or to protect	33381
public health or safety.	33382

If an order of the director to abate or prevent air or water	33383
pollution or soil contamination or to remedy a threat to public	33384
health or safety caused by conditions at such a facility issued	33385
pursuant to this chapter or Chapter 3704. or 6111. of the Revised	33386
Code is not wholly complied with within the time prescribed in the	33387
order, the director may, through officers or employees of the	33388
environmental protection agency or through contractors employed	33389
for that purpose in accordance with the bidding procedure	33390
established in division (C) of section 3734.23 of the Revised	33391
Code, enter upon the facility and perform those measures necessary	33392
to abate or prevent air or water pollution or soil contamination	33393
from the facility or to protect public health or safety,	33394
including, but not limited to, measures prescribed in division (B)	33395
of section 3734.23 of the Revised Code. The director shall keep an	33396
itemized record of the cost of the investigation and measures	33397
performed, including costs for labor, materials, and any contract	33398
services required. Upon completion of the investigation or	33399
measures, the director shall record the cost of performing those	33400
measures at the office of the county recorder of the county in	33401
which the facility is located. The cost so recorded constitutes a	33402
lien against the property on which the facility is located until	33403
discharged. Upon written request of the director, the attorney	33404
general shall institute a civil action to recover the cost. Any	33405
moneys so received shall be credited to the hazardous waste	33406
clean-up fund ~~created in section 3734.28 of the Revised Code~~or	33407
the environmental protection remediation fund, as applicable.	33408

When entering upon a facility under this division, the	33409
director shall perform or cause to be performed only those	33410
measures necessary to abate or prevent air or water pollution or	33411
soil contamination caused by conditions at the facility or to	33412
abate threats to public health or safety caused by conditions at	33413
the facility. For this purpose the director may expend moneys from	33414
~~the~~either fund and may expend moneys from loans from the Ohio	33415
water development authority to the environmental protection agency	33416
that pledge moneys from ~~the~~either fund for the repayment of and	33417
for the interest on such loans.	33418

Sec. 3734.21. (A) The director of environmental protection	33419
may expend moneys credited to the hazardous waste clean-up fund	33420
created in section 3734.28 of the Revised Code or the	33421
environmental protection remediation fund created in section	33422
3734.281 of the Revised Code for the payment of the cost of	33423
measures necessary for the proper closure of hazardous waste	33424
facilities or any solid waste facilities containing significant	33425
quantities of hazardous waste, for the payment of costs of the	33426
development and construction of suitable hazardous waste	33427
facilities required by division (B) of section 3734.23 of the	33428
Revised Code to the extent the director determines that such	33429
facilities are not available, and for the payment of costs that	33430
are necessary to abate conditions thereon that are causing or	33431
contributing to or threatening to cause or contribute to air or	33432
water pollution or soil contamination or that constitute a	33433
substantial threat to public health or safety. In addition, the	33434
director may expend and pledge moneys credited to ~~the~~either fund	33435
for repayment of and for interest on any loan made by the Ohio	33436
water development authority to the environmental protection agency	33437
for the payment of such costs.	33438

(B) Before beginning to clean up any facility under this	33439
section, the director shall develop a plan for the cleanup and an	33440
estimate of the cost thereof. The plan shall include only those	33441
measures necessary to abate conditions thereon that are causing or	33442
contributing to or threatening to cause or contribute to air or	33443
water pollution or soil contamination or that constitute a	33444
substantial threat to public health or safety, including, but not	33445
limited to, establishment and maintenance of an adequate cover of	33446
soil and vegetation on any facility for the burial of hazardous	33447
waste to prevent the infiltration of water into cells where	33448
hazardous waste is buried, the accumulation or runoff of	33449
contaminated surface water, the production of leachate, and air	33450
emissions of hazardous waste; the collection and treatment of	33451
contaminated surface water runoff; the collection and treatment of	33452
leachate; or, if conditions so require, the removal of hazardous	33453
waste from the facility and the treatment or disposal of the waste	33454
at a suitable hazardous waste facility. The plan or any part of	33455
the plan for the cleanup of the facility shall be carried out by	33456
entering into contracts therefor in accordance with the procedures	33457
established in division (C) of section 3734.23 of the Revised	33458
Code.	33459

Sec. 3734.22. Before beginning to clean up any facility	33460
under section 3734.21 of the Revised Code, the director of	33461
environmental protection shall endeavor to enter into an agreement	33462
with the owner of the land on which the facility is located, or	33463
with the owner of the facility, specifying the measures to be	33464
performed and authorizing the director, employees of the agency,	33465
or contractors retained by the director to enter upon the land and	33466
perform the specified measures.	33467

Each agreement ~~shall~~may contain provisions for the	33468
reimbursement of the state for the costs of the cleanup.	33469

All reimbursements and payments shall be credited to the	33470
hazardous waste clean-up fund created in section 3734.28 of the	33471
Revised Code or the environmental protection remediation fund	33472
created in section 3734.281 of the Revised Code, as applicable.	33473

The agreement may require the owner to execute an easement	33474
whereby the director, an authorized employee of the agency, or a	33475
contractor employed by the agency in accordance with the bidding	33476
procedure established in division (C) of section 3734.23 of the	33477
Revised Code may enter upon the facility to sample, repair, or	33478
reconstruct air and water quality monitoring equipment constructed	33479
under the agreement. Such easements shall be for a specified	33480
period of years and may be extinguished by agreement between the	33481
owner and the director. When necessary to protect the public	33482
health or safety, the agreement may require the owner to enter	33483
into an environmental covenant with the director in accordance	33484
with sections 5301.80 to 5301.92 of the Revised Code.	33485

Upon a breach of the reimbursement provisions of the	33486
agreement by the owner of the land or facility, or upon	33487
notification to the director by the owner that the owner is unable	33488
to perform the duties under the reimbursement provisions of the	33489
agreement, the director ~~shall~~may record the unreimbursed portion	33490
of the costs of cleanup at the office of the county recorder of	33491
the county in which the facility is located. The costs so recorded	33492
constitute a lien against the property on which the facility is	33493
located until discharged. Upon written request of the director,	33494
the attorney general shall institute a civil action to recover the	33495
unreimbursed portion of the costs of cleanup. Any moneys so	33496
recovered shall be credited to the hazardous waste clean-up fund	33497
or the environmental protection remediation fund, as applicable.	33498

Sec. 3734.23. (A) The director of environmental protection	33499
may acquire by purchase, gift, donation, contribution, or	33500
appropriation in accordance with sections 163.01 to 163.21 of the	33501
Revised Code any hazardous waste facility or any solid waste	33502
facility containing significant quantities of hazardous waste	33503
that, because of its condition and the types and quantities of	33504
hazardous waste contained in the facility, constitutes an imminent	33505
and substantial threat to public health or safety or results in	33506
air pollution, pollution of the waters of the state, or soil	33507
contamination. For this purpose and for the purposes of division	33508
(B) of this section, the director may expend moneys from the	33509
hazardous waste clean-up fund created in section 3734.28 of the	33510
Revised Code or the environmental protection remediation fund	33511
created in section 3734.281 of the Revised Code and may expend	33512
moneys from loans from the Ohio water development authority to the	33513
environmental protection agency that pledge moneys from ~~the~~either	33514
fund for the repayment of and for the interest on such loans. Any	33515
lands or facilities purchased or acquired under this section shall	33516
be deeded to the state, but no deed shall be accepted or the	33517
purchase price paid until the title has been approved by the	33518
attorney general.	33519

(B) The director shall, with respect to any land or facility	33520
acquired under this section or cleaned up under section 3734.20 of	33521
the Revised Code, perform closure or other measures necessary to	33522
abate conditions thereon that are causing or contributing to or	33523
threatening to cause or contribute to air or water pollution or	33524
soil contamination or that constitute a substantial threat to	33525
public health or safety, including, but not limited to,	33526
establishment and maintenance of an adequate cover of soil and	33527
vegetation on any facility for the burial of hazardous waste to	33528
prevent the infiltration of water into cells where hazardous waste	33529
is buried, the accumulation or runoff of contaminated surface	33530
water, the production of leachate, and air emissions of hazardous	33531
waste; the collection and treatment of contaminated surface water	33532
runoff; the collection and treatment of leachate; or, if	33533
conditions so require, the removal of hazardous waste from the	33534
facility and the treatment or disposal of the waste at a suitable	33535
hazardous waste facility. After performing these measures, the	33536
director shall provide for the post-closure care, maintenance, and	33537
monitoring of facilities cleaned up under this section.	33538

(C) Before proceeding to clean up any facility under this	33539
section or section 3734.20 or 3734.21 of the Revised Code, the	33540
director shall develop a plan for the cleanup of the facility and	33541
an estimate of the cost thereof. The director may carry out the	33542
plan or any part of the plan by contracting for the services,	33543
construction, and repair necessary therefor. The director shall	33544
award each such contract to the lowest responsible bidder after	33545
sealed bids therefor are received, opened, and published at the	33546
time fixed by the director and notice of the time and place at	33547
which the sealed bids will be received, opened, and published has	33548
been published by the director in a newspaper of general	33549
circulation in the county in which the facility to be cleaned up	33550
under the contract is located at least once within the ten days	33551
before the opening of the bids. However, if after advertising for	33552
bids for the contract, no bids are received by the director at the	33553
time and place fixed for receiving them, the director may	33554
advertise again for bids, or hethe director may, if hethe	33555
director considers the public interest will best be served	33556
thereby, enter into a contract for the cleanup of the facility	33557
without further advertisement for bids. The director may reject	33558
any or all bids received and fix and publish again notice of the	33559
time and place at which bids for the contracts will be received,	33560
opened, and published.	33561

(D) The director shall keep an itemized record of the costs	33562
of any acquisition under division (A) of this section and the	33563
costs of cleanup under division (B) of this section.	33564

Sec. 3734.28. All moneys collected under sections 3734.122,	33565
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	33566
Code and natural resource damages collected by the state under the	33567
"Comprehensive Environmental Response, Compensation, and Liability	33568
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	33569
be paid into the state treasury to the credit of the hazardous	33570
waste clean-up fund, which is hereby created. In addition, any	33571
moneys recovered for costs paid from the fund for activities	33572
described in division (A)(1) and (2) of section 3745.12 of the	33573
Revised Code shall be credited to the fund. The environmental	33574
protection agency shall use the moneys in the fund for the	33575
purposes set forth in division (D) of section 3734.122, sections	33576
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	33577
and, through October 15, 2005, divisions (A)(1) and (2) of section	33578
3745.12 and Chapter 3746. of the Revised Code, including any	33579
related enforcement expenses. In addition, the agency shall use	33580
the moneys in the fund to pay the state's long-term operation and	33581
maintenance costs or matching share for actions taken under the	33582
"Comprehensive Environmental Response, Compensation, and Liability	33583
Act of 1980," as amended. If those moneys are reimbursed by grants	33584
or other moneys from the United States or any other person, the	33585
moneys shall be placed in the fund and not in the general revenue	33586
fund.	33587

Sec. 3734.57. (A) ~~For the purposes of paying the state's~~	33588
~~long-term operation costs or matching share for actions taken~~	33589
~~under the "Comprehensive Environmental Response, Compensation, and~~	33590
~~Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as~~	33591
~~amended; paying the costs of measures for proper clean-up of sites~~	33592
~~where polychlorinated biphenyls and substances, equipment, and~~	33593
~~devices containing or contaminated with polychlorinated biphenyls~~	33594
~~have been stored or disposed of; paying the costs of conducting~~	33595
~~surveys or investigations of solid waste facilities or other~~	33596
~~locations where it is believed that significant quantities of~~	33597
~~hazardous waste were disposed of and for conducting enforcement~~	33598
~~actions arising from the findings of such surveys or~~	33599
~~investigations; paying the costs of acquiring and cleaning up, or~~	33600
~~providing financial assistance for cleaning up, any hazardous~~	33601
~~waste facility or solid waste facility containing significant~~	33602
~~quantities of hazardous waste, that constitutes an imminent and~~	33603
~~substantial threat to public health or safety or the environment;~~	33604
~~and, from July 1, 2003, through June 30, 2006, for the purposes of~~	33605
~~paying the costs of administering and enforcing the laws~~	33606
~~pertaining to solid wastes, infectious wastes, and construction~~	33607
~~and demolition debris, including, without limitation, ground water~~	33608
~~evaluations related to solid wastes, infectious wastes, and~~	33609
~~construction and demolition debris, under this chapter and Chapter~~	33610
~~3714. of the Revised Code and any rules adopted under them, and~~	33611
~~paying a share of the administrative costs of the environmental~~	33612
~~protection agency pursuant to section 3745.014 of the Revised~~	33613
~~Code, the~~The following fees are hereby levied on the disposal of	33614
solid wastes in this state:	33615

(1) One dollar per ton ~~on and after July 1, 1993~~, one-half of	33616
the proceeds of which shall be deposited in the state treasury to	33617
the credit of the hazardous waste facility management fund created	33618
in section 3734.18 of the Revised Code and one-half of the	33619
proceeds of which shall be deposited in the state treasury to the	33620
credit of the hazardous waste clean-up fund created in section	33621
3734.28 of the Revised Code;	33622

(2) An additional one dollar per ton on and after July 1,	33623
2003, through June 30, ~~2006~~2008, the proceeds of which shall be	33624
deposited in the state treasury to the credit of the solid waste	33625
fund, which is hereby created. The environmental protection agency	33626
shall use money in the solid waste fund to pay the costs of	33627
administering and enforcing the laws pertaining to solid wastes,	33628
infectious wastes, and construction and demolition debris,	33629
including, without limitation, ground water evaluations related to	33630
solid wastes, infectious wastes, and construction and demolition	33631
debris, under this chapter and Chapter 3714. of the Revised Code	33632
and any rules adopted under them, providing compliance assistance	33633
to small businesses, and paying a share of the administrative	33634
costs of the environmental protection agency pursuant to section	33635
3745.014 of the Revised Code.	33636

(3) An additional one dollar and fifty cents per ton on and	33637
after July 1, 2005, the proceeds of which shall be deposited in	33638
the state treasury to the credit of the environmental protection	33639
fund created in section 3745.015 of the Revised Code.	33640

In the case of solid wastes that are taken to a solid waste	33641
transfer facility prior to being transported to a solid waste	33642
disposal facility for disposal, the fees levied under this	33643
division shall be collected by the owner or operator of the	33644
transfer facility as a trustee for the state. In the case of solid	33645
wastes that are not taken to a solid waste transfer facility prior	33646
to being transported to a solid waste disposal facility, the fees	33647
shall be collected by the owner or operator of the solid waste	33648
disposal facility as a trustee for the state. Fees levied under	33649
this division do not apply to materials separated from a mixed	33650
waste stream for recycling by a generator or materials removed	33651
from the solid waste stream through recycling, as "recycling" is	33652
defined in rules adopted under section 3734.02 of the Revised	33653
Code.	33654

The owner or operator of a solid waste transfer facility or	33655
disposal facility ~~shall collect the fees levied under this~~	33656
~~division as a trustee for the state and~~, as applicable, shall	33657
prepare and file with the director of environmental protection	33658
~~monthly returns~~each month a return indicating the total tonnage	33659
of solid wastes received ~~for disposal~~ at ~~the gate of~~ the facility	33660
during that month and the total amount of the fees required to be	33661
collected under this division during that month. The amount of	33662
fees required to be collected under this division shall equal the	33663
total tonnage of solid wastes received at the facility multiplied	33664
by the fees levied under this division. The monthly returns shall	33665
be filed on a form prescribed by the director. Not later than	33666
thirty days after the last day of the month to which ~~such~~ a return	33667
applies, the owner or operator shall mail to the director the	33668
return for that month together with the fees required to be	33669
collected under this division during that month as indicated on	33670
the return. ~~The~~If the return is filed and the amount of the fees	33671
due is paid in a timely manner as required in this division, the	33672
owner or operator may retain a discount of three-fourths of one	33673
per cent of the total amount of the fees that are required to be	33674
paid as indicated on the return.	33675

The owner or operator may request an extension of not more	33676
than thirty days for filing the return and remitting the fees,	33677
provided that the owner or operator has submitted such a request	33678
in writing to the director together with a detailed description of	33679
why the extension is requested, the director has received the	33680
request not later than the day on which the return is required to	33681
be filed, and the director has approved the request. If the fees	33682
are not remitted within thirty days after the last day of the	33683
month ~~during which they were collected~~to which the return applies	33684
or are not remitted by the last day of an extension approved by	33685
the director, the owner or operator shall not retain the	33686
three-fourths of one per cent discount and shall pay an additional	33687
~~fifty~~ten per cent of the amount of the fees for each month that	33688
they are late. For purposes of calculating the late fee, the first	33689
month in which fees are late begins on the first day after the	33690
deadline has passed for timely submitting the return and fees, and	33691
one additional month shall be counted every thirty days	33692
thereafter.	33693

~~One-half of the moneys remitted to the director under~~	33694
~~division (A)(1) of this section shall be credited to the hazardous~~	33695
~~waste facility management fund created in section 3734.18 of the~~	33696
~~Revised Code, and one-half shall be credited to the hazardous~~	33697
~~waste clean-up fund created in section 3734.28 of the Revised~~	33698
~~Code. The moneys remitted to the director under division (A)(2) of~~	33699
~~this section shall be credited to the solid waste fund, which is~~	33700
~~hereby created in the state treasury. The environmental protection~~	33701
~~agency shall use moneys in the solid waste fund only to pay the~~	33702
~~costs of administering and enforcing the laws pertaining to solid~~	33703
~~wastes, infectious wastes, and construction and demolition debris,~~	33704
~~including, without limitation, ground water evaluations related to~~	33705
~~solid wastes, infectious wastes, and construction and demolition~~	33706
~~debris, under this chapter and Chapter 3714. of the Revised Code~~	33707
~~and rules adopted under them and to pay a share of the~~	33708
~~administrative costs of the environmental protection agency~~	33709
~~pursuant to section 3745.014 of the Revised Code.~~	33710

For purposes of computing the fees levied under this division	33711
or division (B) of this section, any solid waste transfer or	33712
disposal facility that does not use scales as a means of	33713
determining gate receipts shall use a conversion factor of three	33714
cubic yards per ton of solid waste or one cubic yard per ton for	33715
baled waste, as applicable.	33716

The fees levied under this division and divisions (B) and (C)	33717
of this section are in addition to all other applicable fees and	33718
taxes and shall be added to any other fee or amount specified in a	33719
contract that is charged by the owner or operator of a solid waste	33720
transfer or disposal facility or to any other fee or amount that	33721
is specified in a contract ~~entered into on or after March 4, 1992,~~	33722
and that is charged by a transporter of solid wastes.	33723

(B) For the ~~purpose of preparing, revising, and implementing~~	33724
~~the solid waste management plan of the county or joint solid waste~~	33725
~~management district, including, without limitation, the~~	33726
~~development and implementation of solid waste recycling or~~	33727
~~reduction programs; providing financial assistance to boards of~~	33728
~~health within the district, if solid waste facilities are located~~	33729
~~within the district, for the enforcement of this chapter and rules~~	33730
~~adopted and orders and terms and conditions of permits, licenses,~~	33731
~~and variances issued under it, other than the hazardous waste~~	33732
~~provisions of this chapter and rules adopted and orders and terms~~	33733
~~and conditions of permits issued under those provisions; providing~~	33734
~~financial assistance to the county to defray the added costs of~~	33735
~~maintaining roads and other public facilities and of providing~~	33736
~~emergency and other public services resulting from the location~~	33737
~~and operation of a solid waste facility within the county under~~	33738
~~the district's approved solid waste management plan; paying the~~	33739
~~costs incurred by boards of health for collecting and analyzing~~	33740
~~water samples from public or private wells on lands adjacent to~~	33741
~~solid waste facilities that are contained in the approved or~~	33742
~~amended plan of the district; paying the costs of developing and~~	33743
~~implementing a program for the inspection of solid wastes~~	33744
~~generated outside the boundaries of this state that are disposed~~	33745
~~of at solid waste facilities included in the district's approved~~	33746
~~solid waste management plan or amended plan; providing financial~~	33747
~~assistance to boards of health within the district for enforcing~~	33748
~~laws prohibiting open dumping; providing financial assistance to~~	33749
~~local law enforcement agencies within the district for enforcing~~	33750
~~laws and ordinances prohibiting littering; providing financial~~	33751
~~assistance to boards of health of health districts within the~~	33752
~~district that are on the approved list under section 3734.08 of~~	33753
~~the Revised Code for the training and certification required for~~	33754
~~their employees responsible for solid waste enforcement by rules~~	33755
~~adopted under division (L) of section 3734.02 of the Revised Code;~~	33756
~~providing financial assistance to individual municipal~~	33757
~~corporations and townships within the district to defray their~~	33758
~~added costs of maintaining roads and other public facilities and~~	33759
~~of providing emergency and other public services resulting from~~	33760
~~the location and operation within their boundaries of a~~	33761
~~composting, energy or resource recovery, incineration, or~~	33762
~~recycling facility that either is owned by the district or is~~	33763
~~furnishing solid waste management facility or recycling services~~	33764
~~to the district pursuant to a contract or agreement with the board~~	33765
~~of county commissioners or directors of the district; and payment~~	33766
~~of any expenses that are agreed to, awarded, or ordered to be paid~~	33767
~~under section 3734.35 of the Revised Code and of any~~	33768
~~administrative costs incurred pursuant to that section~~purposes	33769
specified in division (G) of this section, the solid waste	33770
management policy committee of a county or joint solid waste	33771
management district may levy fees upon the following activities:	33772

(1) The disposal at a solid waste disposal facility located	33773
in the district of solid wastes generated within the district;	33774

(2) The disposal at a solid waste disposal facility within	33775
the district of solid wastes generated outside the boundaries of	33776
the district, but inside this state;	33777

(3) The disposal at a solid waste disposal facility within	33778
the district of solid wastes generated outside the boundaries of	33779
this state.	33780

~~If any such fees are levied prior to January 1, 1994, fees~~	33781
Fees levied under division (B)(1) of this section always shall be	33782
equal to one-half of the fees levied under division (B)(2) of this	33783
section, and fees levied under division (B)(3) of this section,	33784
~~which shall be in addition to fees levied under division (B)(2) of~~	33785
~~this section,~~ always shall be equal to fees levied under division	33786
(B)(1) of this section~~, except as otherwise provided in this~~	33787
~~division~~. The solid waste management plan of the county or joint	33788
district approved under section 3734.521 or 3734.55 of the Revised	33789
Code and any amendments to it, or the resolution adopted under	33790
this division, as appropriate, shall establish the rates of the	33791
fees levied under divisions (B)(1), (2), and (3) of this section,	33792
if any, and shall specify whether the fees are levied on the basis	33793
of tons or cubic yards as the unit of measurement. ~~Although the~~	33794
~~fees under divisions (A)(1) and (2) of this section are levied on~~	33795
~~the basis of tons as the unit of measurement, the~~A solid waste	33796
management ~~plan of the~~ district ~~and any amendments to it or the~~	33797
~~solid waste management policy committee in its resolution levying~~	33798
~~fees under this division may direct~~ that ~~the~~levies fees ~~levied~~	33799
under ~~those divisions be levied~~this division on the basis of	33800
cubic yards ~~as the unit of measurement based upon a conversion~~	33801
~~factor of three cubic yards per ton generally or one cubic yard~~	33802
~~per ton for baled wastes if the fees under divisions (B)(1) to (3)~~	33803
~~of this section are being levied on the basis of cubic yards as~~	33804
~~the unit of measurement under the plan, amended plan, or~~	33805
~~resolution~~shall do so in accordance with division (A) of this	33806
section.	33807

~~On and after January 1, 1994, the~~The fee levied under	33808
division (B)(1) of this section shall be not less than one dollar	33809
per ton nor more than two dollars per ton, the fee levied under	33810
division (B)(2) of this section shall be not less than two dollars	33811
per ton nor more than four dollars per ton, and the fee levied	33812
under division (B)(3) of this section shall be not more than the	33813
fee levied under division (B)(1) of this section~~, except as~~	33814
~~otherwise provided in this division and notwithstanding any~~	33815
~~schedule of those fees established in the solid waste management~~	33816
~~plan of a county or joint district approved under section 3734.55~~	33817
~~of the Revised Code or a resolution adopted and ratified under~~	33818
~~this division that is in effect on that date. If the fee that a~~	33819
~~district is levying under division (B)(1) of this section on that~~	33820
~~date under its approved plan or such a resolution is less than one~~	33821
~~dollar per ton, the fee shall be one dollar per ton on and after~~	33822
~~January 1, 1994, and if the fee that a district is so levying~~	33823
~~under that division exceeds two dollars per ton, the fee shall be~~	33824
~~two dollars per ton on and after that date. If the fee that a~~	33825
~~district is so levying under division (B)(2) of this section is~~	33826
~~less than two dollars per ton, the fee shall be two dollars per~~	33827
~~ton on and after that date, and if the fee that the district is so~~	33828
~~levying under that division exceeds four dollars per ton, the fee~~	33829
~~shall be four dollars per ton on and after that date. On that~~	33830
~~date, the fee levied by a district under division (B)(3) of this~~	33831
~~section shall be equal to the fee levied under division (B)(1) of~~	33832
~~this section. Except as otherwise provided in this division, the~~	33833
~~fees established by the operation of this amendment shall remain~~	33834
~~in effect until the district's resolution levying fees under this~~	33835
~~division is amended or repealed in accordance with this division~~	33836
~~to amend or abolish the schedule of fees, the schedule of fees is~~	33837
~~amended or abolished in an amended plan of the district approved~~	33838
~~under section 3734.521 or division (A) or (D) of section 3734.56~~	33839
~~of the Revised Code, or the schedule of fees is amended or~~	33840
~~abolished through an amendment to the district's plan under~~	33841
~~division (E) of section 3734.56 of the Revised Code; the~~	33842
~~notification of the amendment or abolishment of the fees has been~~	33843
~~given in accordance with this division; and collection of the~~	33844
~~amended fees so established commences, or collection of the fees~~	33845
~~ceases, in accordance with this division.~~	33846

~~The solid waste management policy committee of a district~~	33847
~~levying fees under divisions (B)(1) to (3) of this section on~~	33848
~~October 29, 1993, under its solid waste management plan approved~~	33849
~~under section 3734.55 of the Revised Code or a resolution adopted~~	33850
~~and ratified under this division that are within the ranges of~~	33851
~~rates prescribed by this amendment, by adoption of a resolution~~	33852
~~not later than December 1, 1993, and without the necessity for~~	33853
~~ratification of the resolution under this division, may amend~~	33854
~~those fees within the prescribed ranges, provided that the~~	33855
~~estimated revenues from the amended fees will not substantially~~	33856
~~exceed the estimated revenues set forth in the district's budget~~	33857
~~for calendar year 1994. Not later than seven days after the~~	33858
~~adoption of such a resolution, the committee shall notify by~~	33859
~~certified mail the owner or operator of each solid waste disposal~~	33860
~~facility that is required to collect the fees of the adoption of~~	33861
~~the resolution and of the amount of the amended fees. Collection~~	33862
~~of the amended fees shall take effect on the first day of the~~	33863
~~first month following the month in which the notification is sent~~	33864
~~to the owner or operator. The fees established in such a~~	33865
~~resolution shall remain in effect until the district's resolution~~	33866
~~levying fees that was adopted and ratified under this division is~~	33867
~~amended or repealed, and the amendment or repeal of the resolution~~	33868
~~is ratified, in accordance with this division, to amend or abolish~~	33869
~~the fees, the schedule of fees is amended or abolished in an~~	33870
~~amended plan of the district approved under section 3734.521 or~~	33871
~~division (A) or (D) of section 3734.56 of the Revised Code, or the~~	33872
~~schedule of fees is amended or abolished through an amendment to~~	33873
~~the district's plan under division (E) of section 3734.56 of the~~	33874
~~Revised Code; the notification of the amendment or abolishment of~~	33875
~~the fees has been given in accordance with this division; and~~	33876
~~collection of the amended fees so established commences, or~~	33877
~~collection of the fees ceases, in accordance with this division~~.	33878

Prior to the approval of the solid waste management plan of	33879
~~the~~a district under section 3734.55 of the Revised Code, the	33880
solid waste management policy committee of a district may levy	33881
fees under this division by adopting a resolution establishing the	33882
proposed amount of the fees. Upon adopting the resolution, the	33883
committee shall deliver a copy of the resolution to the board of	33884
county commissioners of each county forming the district and to	33885
the legislative authority of each municipal corporation and	33886
township under the jurisdiction of the district and shall prepare	33887
and publish the resolution and a notice of the time and location	33888
where a public hearing on the fees will be held. Upon adopting the	33889
resolution, the committee shall deliver written notice of the	33890
adoption of the resolution; of the amount of the proposed fees;	33891
and of the date, time, and location of the public hearing to the	33892
director and to the fifty industrial, commercial, or institutional	33893
generators of solid wastes within the district that generate the	33894
largest quantities of solid wastes, as determined by the	33895
committee, and to their local trade associations. The committee	33896
shall make good faith efforts to identify those generators within	33897
the district and their local trade associations, but the	33898
nonprovision of notice under this division to a particular	33899
generator or local trade association does not invalidate the	33900
proceedings under this division. The publication shall occur at	33901
least thirty days before the hearing. After the hearing, the	33902
committee may make such revisions to the proposed fees as it	33903
considers appropriate and thereafter, by resolution, shall adopt	33904
the revised fee schedule. Upon adopting the revised fee schedule,	33905
the committee shall deliver a copy of the resolution doing so to	33906
the board of county commissioners of each county forming the	33907
district and to the legislative authority of each municipal	33908
corporation and township under the jurisdiction of the district.	33909
Within sixty days after the delivery of a copy of the resolution	33910
adopting the proposed revised fees by the policy committee, each	33911
such board and legislative authority, by ordinance or resolution,	33912
shall approve or disapprove the revised fees and deliver a copy of	33913
the ordinance or resolution to the committee. If any such board or	33914
legislative authority fails to adopt and deliver to the policy	33915
committee an ordinance or resolution approving or disapproving the	33916
revised fees within sixty days after the policy committee	33917
delivered its resolution adopting the proposed revised fees, it	33918
shall be conclusively presumed that the board or legislative	33919
authority has approved the proposed revised fees. The committee	33920
shall determine if the resolution has been ratified in the same	33921
manner in which it determines if a draft solid waste management	33922
plan has been ratified under division (B) of section 3734.55 of	33923
the Revised Code.	33924

~~In the case of a county district or a joint district formed~~	33925
~~by two or three counties, the committee shall declare the proposed~~	33926
~~revised fees to be ratified as the fee schedule of the district~~	33927
~~upon determining that the board of county commissioners of each~~	33928
~~county forming the district has approved the proposed revised fees~~	33929
~~and that the legislative authorities of a combination of municipal~~	33930
~~corporations and townships with a combined population within the~~	33931
~~district comprising at least sixty per cent of the total~~	33932
~~population of the district have approved the proposed revised~~	33933
~~fees, provided that in the case of a county district, that~~	33934
~~combination shall include the municipal corporation having the~~	33935
~~largest population within the boundaries of the district, and~~	33936
~~provided further that in the case of a joint district formed by~~	33937
~~two or three counties, that combination shall include for each~~	33938
~~county forming the joint district the municipal corporation having~~	33939
~~the largest population within the boundaries of both the county in~~	33940
~~which the municipal corporation is located and the joint district.~~	33941
~~In the case of a joint district formed by four or more counties,~~	33942
~~the committee shall declare the proposed revised fees to be~~	33943
~~ratified as the fee schedule of the joint district upon~~	33944
~~determining that the boards of county commissioners of a majority~~	33945
~~of the counties forming the district have approved the proposed~~	33946
~~revised fees; that, in each of a majority of the counties forming~~	33947
~~the joint district, the proposed revised fees have been approved~~	33948
~~by the municipal corporation having the largest population within~~	33949
~~the county and the joint district; and that the legislative~~	33950
~~authorities of a combination of municipal corporations and~~	33951
~~townships with a combined population within the joint district~~	33952
~~comprising at least sixty per cent of the total population of the~~	33953
~~joint district have approved the proposed revised fees.~~	33954

~~For the purposes of this division, only the population of the~~	33955
~~unincorporated area of a township shall be considered. For the~~	33956
~~purpose of determining the largest municipal corporation within~~	33957
~~each county under this division, a municipal corporation that is~~	33958
~~located in more than one solid waste management district, but that~~	33959
~~is under the jurisdiction of one county or joint solid waste~~	33960
~~management district in accordance with division (A) of section~~	33961
~~3734.52 of the Revised Code shall be considered to be within the~~	33962
~~boundaries of the county in which a majority of the population of~~	33963
~~the municipal corporation resides.~~	33964

The committee may amend the schedule of fees levied pursuant	33965
to a resolution ~~or amended resolution~~ adopted and ratified under	33966
this division by adopting a resolution establishing the proposed	33967
amount of the amended fees. The committee may ~~abolish~~repeal the	33968
fees levied pursuant to such a resolution ~~or amended resolution~~ by	33969
adopting a resolution proposing to repeal them. Upon adopting such	33970
a resolution, the committee shall proceed to obtain ratification	33971
of the resolution in accordance with this division.	33972

Not later than fourteen days after declaring the new fees or	33973
~~amended fees~~ to be ratified or the fees to be repealed under this	33974
division, the committee shall notify by certified mail the owner	33975
or operator of each solid waste disposal facility that is required	33976
to collect the fees of the ratification and the amount of the fees	33977
or of the repeal of the fees. Collection of any fees ~~or amended~~	33978
~~fees ratified on or after March 24, 1992,~~ shall commence or	33979
collection of repealed fees shall cease on the first day of the	33980
second month following the month in which notification is sent to	33981
the owner or operator.	33982

~~Not later than fourteen days after declaring the repeal of~~	33983
~~the district's schedule of fees to be ratified under this~~	33984
~~division, the committee shall notify by certified mail the owner~~	33985
~~or operator of each facility that is collecting the fees of the~~	33986
~~repeal. Collection of the fees shall cease on the first day of the~~	33987
~~second month following the month in which notification is sent to~~	33988
~~the owner or operator.~~	33989

Fees levied under this division also may be established,	33990
amended, or repealed by a solid waste management policy committee	33991
through the adoption of a new district solid waste management	33992
plan, the adoption of an amended plan, or the amendment of the	33993
plan or amended plan in accordance with sections 3734.55 and	33994
3734.56 of the Revised Code or the adoption or amendment of a	33995
district plan in connection with a change in district composition	33996
under section 3734.521 of the Revised Code.	33997

Not later than fourteen days after the director issues an	33998
order approving a district's solid waste management plan ~~under~~	33999
~~section 3734.55 of the Revised Code or~~, amended plan ~~under~~	34000
~~division (A) or (D) of section 3734.56 of the Revised Code~~, or	34001
amendment to a plan or amended plan that establishes or, amends,	34002
or repeals a schedule of fees levied by the district, ~~or the~~	34003
~~ratification of an amendment to the district's approved plan or~~	34004
~~amended plan under division (E) of section 3734.56 of the Revised~~	34005
~~Code that establishes or amends a schedule of fees, as~~	34006
~~appropriate,~~ the committee shall notify by certified mail the	34007
owner or operator of each solid waste disposal facility that is	34008
required to collect the fees of the approval of the plan or	34009
amended plan, or the amendment to the plan, as appropriate, and	34010
the amount of the fees ~~or amended fees~~, if any. In the case of an	34011
initial or amended plan approved under section 3734.521 of the	34012
Revised Code in connection with a change in district composition,	34013
other than one involving the withdrawal of a county from a joint	34014
district, ~~that establishes or amends a schedule of fees levied~~	34015
~~under divisions (B)(1) to (3) of this section by a district~~	34016
~~resulting from the change,~~ the committee, within fourteen days	34017
after the change takes effect pursuant to division (G) of that	34018
section, shall notify by certified mail the owner or operator of	34019
each solid waste disposal facility that is required to collect the	34020
fees that the change has taken effect and of the amount of the	34021
fees ~~or amended fees~~, if any. Collection of any fees ~~set forth in~~	34022
~~a plan or amended plan approved by the director on or after April~~	34023
~~16, 1993, or an amendment of a plan or amended plan under division~~	34024
~~(E) of section 3734.56 of the Revised Code that is ratified on or~~	34025
~~after April 16, 1993,~~ shall commence or collection of repealed	34026
fees shall cease on the first day of the second month following	34027
the month in which notification is sent to the owner or operator.	34028

~~Not later than fourteen days after the director issues an~~	34029
~~order approving a district's plan under section 3734.55 of the~~	34030
~~Revised Code or amended plan under division (A) or (D) of section~~	34031
~~3734.56 of the Revised Code that abolishes the schedule of fees~~	34032
~~levied under divisions (B)(1) to (3) of this section, or an~~	34033
~~amendment to the district's approved plan or amended plan~~	34034
~~abolishing the schedule of fees is ratified pursuant to division~~	34035
~~(E) of section 3734.56 of the Revised Code, as appropriate, the~~	34036
~~committee shall notify by certified mail the owner or operator of~~	34037
~~each facility that is collecting the fees of the approval of the~~	34038
~~plan or amended plan, or the amendment of the plan or amended~~	34039
~~plan, as appropriate, and the abolishment of the fees. In the case~~	34040
~~of an initial or amended plan approved under section 3734.521 of~~	34041
~~the Revised Code in connection with a change in district~~	34042
~~composition, other than one involving the withdrawal of a county~~	34043
~~from a joint district, that abolishes the schedule of fees levied~~	34044
~~under divisions (B)(1) to (3) of this section by a district~~	34045
~~resulting from the change, the committee, within fourteen days~~	34046
~~after the change takes effect pursuant to division (G) of that~~	34047
~~section, shall notify by certified mail the owner or operator of~~	34048
~~each solid waste disposal facility that is required to collect the~~	34049
~~fees that the change has taken effect and of the abolishment of~~	34050
~~the fees. Collection of the fees shall cease on the first day of~~	34051
~~the second month following the month in which notification is sent~~	34052
~~to the owner or operator.~~	34053

~~Except as otherwise provided in this division, if the~~	34054
~~schedule of fees that a district is levying under divisions (B)(1)~~	34055
~~to (3) of this section pursuant to a resolution or amended~~	34056
~~resolution adopted and ratified under this division, the solid~~	34057
~~waste management plan of the district approved under section~~	34058
~~3734.55 of the Revised Code, an amended plan approved under~~	34059
~~division (A) or (D) of section 3734.56 of the Revised Code, or an~~	34060
~~amendment to the district's approved plan or amended plan under~~	34061
~~division (E) of section 3734.56 of the Revised Code, is amended by~~	34062
~~the adoption and ratification of an amendment to the resolution or~~	34063
~~amended resolution or an amendment of the district's approved plan~~	34064
~~or amended plan, the fees in effect immediately prior to the~~	34065
~~approval of the plan or the amendment of the resolution, amended~~	34066
~~resolution, plan, or amended plan, as appropriate, shall continue~~	34067
~~to be collected until collection of the amended fees commences~~	34068
~~pursuant to this division.~~	34069

If, in the case of a change in district composition involving	34070
the withdrawal of a county from a joint district, the director	34071
completes the actions required under division (G)(1) or (3) of	34072
section 3734.521 of the Revised Code, as appropriate, forty-five	34073
days or more before the beginning of a calendar year, the policy	34074
committee of each of the districts resulting from the change that	34075
obtained the director's approval of an initial or amended plan in	34076
connection with the change, within fourteen days after the	34077
director's completion of the required actions, shall notify by	34078
certified mail the owner or operator of each solid waste disposal	34079
facility that is required to collect the district's fees that the	34080
change is to take effect on the first day of January immediately	34081
following the issuance of the notice and of the amount of the fees	34082
or amended fees levied under divisions (B)(1) to (3) of this	34083
section pursuant to the district's initial or amended plan as so	34084
approved or, if appropriate, the ~~abolishment~~repeal of the	34085
district's fees by that initial or amended plan. Collection of any	34086
fees set forth in such a plan or amended plan shall commence on	34087
the first day of January immediately following the issuance of the	34088
notice. If such an initial or amended plan ~~abolishes~~repeals a	34089
schedule of fees, collection of the fees shall cease on that first	34090
day of January.	34091

If, in the case of a change in district composition involving	34092
the withdrawal of a county from a joint district, the director	34093
completes the actions required under division (G)(1) or (3) of	34094
section 3734.521 of the Revised Code, as appropriate, less than	34095
forty-five days before the beginning of a calendar year, the	34096
director, on behalf of each of the districts resulting from the	34097
change that obtained the director's approval of an initial or	34098
amended plan in connection with the change proceedings, shall	34099
notify by certified mail the owner or operator of each solid waste	34100
disposal facility that is required to collect the district's fees	34101
that the change is to take effect on the first day of January	34102
immediately following the mailing of the notice and of the amount	34103
of the fees or amended fees levied under divisions (B)(1) to (3)	34104
of this section pursuant to the district's initial or amended plan	34105
as so approved or, if appropriate, the ~~abolishment~~repeal of the	34106
district's fees by that initial or amended plan. Collection of any	34107
fees set forth in such a plan or amended plan shall commence on	34108
the first day of the second month following the month in which	34109
notification is sent to the owner or operator. If such an initial	34110
or amended plan ~~abolishes~~repeals a schedule of fees, collection	34111
of the fees shall cease on the first day of the second month	34112
following the month in which notification is sent to the owner or	34113
operator.	34114

InIf the schedule of fees that a solid waste management	34115
district is levying under divisions (B)(1) to (3) of this section	34116
is amended or repealed, the fees in effect immediately prior to	34117
the amendment or repeal shall continue to be collected until	34118
collection of the amended fees commences or collection of the	34119
repealed fees ceases, as applicable, as specified in this	34120
division. In the case of a change in district composition, ~~the~~	34121
~~schedule of fees that the former districts that existed prior to~~	34122
~~the change were levying under divisions (B)(1) to (3) of this~~	34123
~~section pursuant to a resolution or amended resolution adopted and~~	34124
~~ratified under this division, the solid waste management plan of a~~	34125
~~former district approved under section 3734.521 or 3734.55 of the~~	34126
~~Revised Code, an amended plan approved under section 3734.521 or~~	34127
~~division (A) or (D) of section 3734.56 of the Revised Code, or an~~	34128
~~amendment to a former district's approved plan or amended plan~~	34129
~~under division (E) of section 3734.56 of the Revised Code, and~~	34130
~~that were in effect on the date that the director completed the~~	34131
~~actions required under division (G)(1) or (3) of section 3734.521~~	34132
~~of the Revised Code shall continue to be collected until the~~	34133
~~collection of the fees or amended fees of the districts resulting~~	34134
~~from the change is required to commence, or if an initial or~~	34135
~~amended plan of a resulting district abolishes a schedule of fees,~~	34136
~~collection of the fees is required to cease, under this division.~~	34137
~~Moneys~~money so received from the collection of the fees of the	34138
former districts shall be divided among the resulting districts in	34139
accordance with division (B) of section 343.012 of the Revised	34140
Code and the agreements entered into under division (B) of section	34141
343.01 of the Revised Code to establish the former and resulting	34142
districts and any amendments to those agreements.	34143

For the purposes of the provisions of division (B) of this	34144
section establishing the times when newly established or amended	34145
fees levied by a district are required to commence and the	34146
collection of fees that have been amended or ~~abolished~~repealed is	34147
required to cease, "fees" or "schedule of fees" includes, in	34148
addition to fees levied under divisions (B)(1) to (3) of this	34149
section, those levied under section 3734.573 or 3734.574 of the	34150
Revised Code.	34151

(C) For the purposes of defraying the added costs to a	34152
municipal corporation or township of maintaining roads and other	34153
public facilities and of providing emergency and other public	34154
services, and compensating a municipal corporation or township for	34155
reductions in real property tax revenues due to reductions in real	34156
property valuations resulting from the location and operation of a	34157
solid waste disposal facility within the municipal corporation or	34158
township, a municipal corporation or township in which such a	34159
solid waste disposal facility is located may levy a fee of not	34160
more than twenty-five cents per ton on the disposal of solid	34161
wastes at a solid waste disposal facility located within the	34162
boundaries of the municipal corporation or township regardless of	34163
where the wastes were generated.	34164

The legislative authority of a municipal corporation or	34165
township may levy fees under this division by enacting an	34166
ordinance or adopting a resolution establishing the amount of the	34167
fees. Upon so doing the legislative authority shall mail a	34168
certified copy of the ordinance or resolution to the board of	34169
county commissioners or directors of the county or joint solid	34170
waste management district in which the municipal corporation or	34171
township is located or, if a regional solid waste management	34172
authority has been formed under section 343.011 of the Revised	34173
Code, to the board of trustees of that regional authority, the	34174
owner or operator of each solid waste disposal facility in the	34175
municipal corporation or township that is required to collect the	34176
fee by the ordinance or resolution, and the director of	34177
environmental protection. Although the fees levied under this	34178
division are levied on the basis of tons as the unit of	34179
measurement, the legislative authority, in its ordinance or	34180
resolution levying the fees under this division, may direct that	34181
the fees be levied on the basis of cubic yards as the unit of	34182
measurement based upon a conversion factor of three cubic yards	34183
per ton generally or one cubic yard per ton for baled wastes.	34184

Not later than five days after enacting an ordinance or	34185
adopting a resolution under this division, the legislative	34186
authority shall so notify by certified mail the owner or operator	34187
of each solid waste disposal facility that is required to collect	34188
the fee. Collection of any fee levied on or after March 24, 1992,	34189
shall commence on the first day of the second month following the	34190
month in which notification is sent to the owner or operator.	34191

(D)(1) The fees levied under divisions (A), (B), and (C) of	34192
this section do not apply to the disposal of solid wastes that:	34193

(a) Are disposed of at a facility owned by the generator of	34194
the wastes when the solid waste facility exclusively disposes of	34195
solid wastes generated at one or more premises owned by the	34196
generator regardless of whether the facility is located on a	34197
premises where the wastes are generated;	34198

(b) Are disposed of at facilities that exclusively dispose of	34199
wastes that are generated from the combustion of coal, or from the	34200
combustion of primarily coal in combination with scrap tires, that	34201
is not combined in any way with garbage at one or more premises	34202
owned by the generator.	34203

(2) Except as provided in section 3734.571 of the Revised	34204
Code, any fees levied under division (B)(1) of this section apply	34205
to solid wastes originating outside the boundaries of a county or	34206
joint district that are covered by an agreement for the joint use	34207
of solid waste facilities entered into under section 343.02 of the	34208
Revised Code by the board of county commissioners or board of	34209
directors of the county or joint district where the wastes are	34210
generated and disposed of.	34211

(3) When solid wastes, other than solid wastes that consist	34212
of scrap tires, are burned in a disposal facility that is an	34213
incinerator or energy recovery facility, the fees levied under	34214
divisions (A), (B), and (C) of this section shall be levied upon	34215
the disposal of the fly ash and bottom ash remaining after burning	34216
of the solid wastes and shall be collected by the owner or	34217
operator of the sanitary landfill where the ash is disposed of.	34218

(4) When solid wastes are delivered to a solid waste transfer	34219
facility, the fees levied under divisions (A), (B), and (C) of	34220
this section shall be levied upon the disposal of solid wastes	34221
transported off the premises of the transfer facility for disposal	34222
and shall be collected by the owner or operator of the solid waste	34223
disposal facility where the wastes are disposed of.	34224

(5) The fees levied under divisions (A), (B), and (C) of this	34225
section do not apply to sewage sludge that is generated by a waste	34226
water treatment facility holding a national pollutant discharge	34227
elimination system permit and that is disposed of through	34228
incineration, land application, or composting or at another	34229
resource recovery or disposal facility that is not a landfill.	34230

(6) The fees levied under divisions (A), (B), and (C) of this	34231
section do not apply to solid wastes delivered to a solid waste	34232
composting facility for processing. When any unprocessed solid	34233
waste or compost product is transported off the premises of a	34234
composting facility and disposed of at a landfill, the fees levied	34235
under divisions (A), (B), and (C) of this section shall be	34236
collected by the owner or operator of the landfill where the	34237
unprocessed waste or compost product is disposed of.	34238

(7) When solid wastes that consist of scrap tires are	34239
processed at a scrap tire recovery facility, the fees levied under	34240
divisions (A), (B), and (C) of this section shall be levied upon	34241
the disposal of the fly ash and bottom ash or other solid wastes	34242
remaining after the processing of the scrap tires and shall be	34243
collected by the owner or operator of the solid waste disposal	34244
facility where the ash or other solid wastes are disposed of.	34245

(8) The fees levied under this section do not apply to solid	34246
wastes, including, but not limited to, scrap tires, that are	34247
generated, transferred, or disposed of as a result of a contract	34248
providing for the expenditure of public funds entered into by the	34249
administrator or regional administrator of the United States	34250
environmental protection agency, the director of environmental	34251
protection, or the director of administrative services on behalf	34252
of the director of environmental protection for the purpose of	34253
remediating conditions at a hazardous waste facility, solid waste	34254
facility, or other location at which the administrator or regional	34255
administrator or the director of environmental protection has	34256
reason to believe that there is a substantial threat to public	34257
health or safety or the environment or that the conditions are	34258
causing or contributing to air or water pollution or soil	34259
contamination.	34260

(E) The fees levied under divisions (B) and (C) of this	34261
section shall be collected by the owner or operator of the solid	34262
waste disposal facility where the wastes are disposed of as a	34263
trustee for the county or joint district and municipal corporation	34264
or township where the wastes are disposed of. Moneys from the fees	34265
levied under division (B) of this section shall be forwarded to	34266
the board of county commissioners or board of directors of the	34267
district in accordance with rules adopted under division (H) of	34268
this section. Moneys from the fees levied under division (C) of	34269
this section shall be forwarded to the treasurer or such other	34270
officer of the municipal corporation as, by virtue of the charter,	34271
has the duties of the treasurer or to the clerk of the township,	34272
as appropriate, in accordance with those rules.	34273

(F) Moneys received by the treasurer or such other officer of	34274
the municipal corporation under division (E) of this section shall	34275
be paid into the general fund of the municipal corporation. Moneys	34276
received by the clerk of the township under that division shall be	34277
paid into the general fund of the township. The treasurer or such	34278
other officer of the municipal corporation or the clerk, as	34279
appropriate, shall maintain separate records of the moneys	34280
received from the fees levied under division (C) of this section.	34281

(G) Moneys received by the board of county commissioners or	34282
board of directors under division (E) of this section or section	34283
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	34284
shall be paid to the county treasurer, or other official acting in	34285
a similar capacity under a county charter, in a county district or	34286
to the county treasurer or other official designated by the board	34287
of directors in a joint district and kept in a separate and	34288
distinct fund to the credit of the district. If a regional solid	34289
waste management authority has been formed under section 343.011	34290
of the Revised Code, moneys received by the board of trustees of	34291
that regional authority under division (E) of this section shall	34292
be kept by the board in a separate and distinct fund to the credit	34293
of the district. Moneys in the special fund of the county or joint	34294
district arising from the fees levied under division (B) of this	34295
section and the fee levied under division (A) of section 3734.573	34296
of the Revised Code shall be expended by the board of county	34297
commissioners or directors of the district in accordance with the	34298
district's solid waste management plan or amended plan approved	34299
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	34300
exclusively for the following purposes:	34301

(1) Preparation of the solid waste management plan of the	34302
district under section 3734.54 of the Revised Code, monitoring	34303
implementation of the plan, and conducting the periodic review and	34304
amendment of the plan required by section 3734.56 of the Revised	34305
Code by the solid waste management policy committee;	34306

(2) Implementation of the approved solid waste management	34307
plan or amended plan of the district, including, without	34308
limitation, the development and implementation of solid waste	34309
recycling or reduction programs;	34310

(3) Providing financial assistance to boards of health within	34311
the district, if solid waste facilities are located within the	34312
district, for enforcement of this chapter and rules, orders, and	34313
terms and conditions of permits, licenses, and variances adopted	34314
or issued under it, other than the hazardous waste provisions of	34315
this chapter and rules adopted and orders and terms and conditions	34316
of permits issued under those provisions;	34317

(4) Providing financial assistance to each county within the	34318
district to defray the added costs of maintaining roads and other	34319
public facilities and of providing emergency and other public	34320
services resulting from the location and operation of a solid	34321
waste facility within the county under the district's approved	34322
solid waste management plan or amended plan;	34323

(5) Pursuant to contracts entered into with boards of health	34324
within the district, if solid waste facilities contained in the	34325
district's approved plan or amended plan are located within the	34326
district, for paying the costs incurred by those boards of health	34327
for collecting and analyzing samples from public or private water	34328
wells on lands adjacent to those facilities;	34329

(6) Developing and implementing a program for the inspection	34330
of solid wastes generated outside the boundaries of this state	34331
that are disposed of at solid waste facilities included in the	34332
district's approved solid waste management plan or amended plan;	34333

(7) Providing financial assistance to boards of health within	34334
the district for the enforcement of section 3734.03 of the Revised	34335
Code or to local law enforcement agencies having jurisdiction	34336
within the district for enforcing anti-littering laws and	34337
ordinances;	34338

(8) Providing financial assistance to boards of health of	34339
health districts within the district that are on the approved list	34340
under section 3734.08 of the Revised Code to defray the costs to	34341
the health districts for the participation of their employees	34342
responsible for enforcement of the solid waste provisions of this	34343
chapter and rules adopted and orders and terms and conditions of	34344
permits, licenses, and variances issued under those provisions in	34345
the training and certification program as required by rules	34346
adopted under division (L) of section 3734.02 of the Revised Code;	34347

(9) Providing financial assistance to individual municipal	34348
corporations and townships within the district to defray their	34349
added costs of maintaining roads and other public facilities and	34350
of providing emergency and other public services resulting from	34351
the location and operation within their boundaries of a	34352
composting, energy or resource recovery, incineration, or	34353
recycling facility that either is owned by the district or is	34354
furnishing solid waste management facility or recycling services	34355
to the district pursuant to a contract or agreement with the board	34356
of county commissioners or directors of the district;	34357

(10) Payment of any expenses that are agreed to, awarded, or	34358
ordered to be paid under section 3734.35 of the Revised Code and	34359
of any administrative costs incurred pursuant to that section. In	34360
the case of a joint solid waste management district, if the board	34361
of county commissioners of one of the counties in the district is	34362
negotiating on behalf of affected communities, as defined in that	34363
section, in that county, the board shall obtain the approval of	34364
the board of directors of the district in order to expend moneys	34365
for administrative costs incurred.	34366

Prior to the approval of the district's solid waste	34367
management plan under section 3734.55 of the Revised Code, moneys	34368
in the special fund of the district arising from the fees shall be	34369
expended for those purposes in the manner prescribed by the solid	34370
waste management policy committee by resolution.	34371

Notwithstanding division (G)(6) of this section as it existed	34372
prior to October 29, 1993, or any provision in a district's solid	34373
waste management plan prepared in accordance with division	34374
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	34375
prior to that date, any moneys arising from the fees levied under	34376
division (B)(3) of this section prior to January 1, 1994, may be	34377
expended for any of the purposes authorized in divisions (G)(1) to	34378
(10) of this section.	34379

(H) The director shall adopt rules in accordance with Chapter	34380
119. of the Revised Code prescribing procedures for collecting and	34381
forwarding the fees levied under divisions (B) and (C) of this	34382
section to the boards of county commissioners or directors of	34383
county or joint solid waste management districts and to the	34384
treasurers or other officers of municipal corporations or to the	34385
clerks of townships. The rules also shall prescribe the dates for	34386
forwarding the fees to the boards and officials and may prescribe	34387
any other requirements the director considers necessary or	34388
appropriate to implement and administer divisions (A), (B), and	34389
(C) of this section. ~~Collection of the fees levied under division~~	34390
~~(A)(1) of this section shall commence on July 1, 1993. Collection~~	34391
~~of the fees levied under division (A)(2) of this section shall~~	34392
~~commence on January 1, 1994.~~	34393

Sec. 3734.573. (A) For the ~~purpose of preparing, revising,~~	34394
~~and implementing the solid waste management plan of the district,~~	34395
~~including, without limitation, the development and implementation~~	34396
~~of solid waste recycling or reduction programs; providing~~	34397
~~financial assistance to boards of health within the district, if~~	34398
~~solid waste facilities are located in the district, for the~~	34399
~~enforcement of this chapter and rules adopted and orders and terms~~	34400
~~and conditions of permits, licenses, and variances issued under~~	34401
~~it, other than the hazardous waste provisions of this chapter and~~	34402
~~rules adopted and orders and terms and conditions of permits~~	34403
~~issued under those provisions; providing financial assistance to~~	34404
~~the county to defray the added costs of maintaining roads and~~	34405
~~other public facilities and of providing emergency and other~~	34406
~~public services resulting from the location and operation of a~~	34407
~~solid waste facility within the county under the district's~~	34408
~~approved plan or amended plan; paying the costs incurred by boards~~	34409
~~of health for collecting and analyzing water samples from public~~	34410
~~and private wells on lands adjacent to solid waste facilities that~~	34411
~~are contained in the approved or amended plan of the district;~~	34412
~~paying the costs of developing and implementing a program for the~~	34413
~~inspection of solid wastes generated outside the boundaries of~~	34414
~~this state that are disposed of at solid waste facilities included~~	34415
~~in the district's approved plan or amended plan; providing~~	34416
~~financial assistance to boards of health within the district for~~	34417
~~enforcing laws prohibiting open dumping; providing financial~~	34418
~~assistance to local law enforcement agencies within the district~~	34419
~~for enforcing laws and ordinances prohibiting littering; providing~~	34420
~~financial assistance to boards of health of health districts~~	34421
~~within the district that are on the approved list under section~~	34422
~~3734.08 of the Revised Code for the training and certification~~	34423
~~required for their employees responsible for solid waste~~	34424
~~enforcement by rules adopted under division (L) of section 3734.02~~	34425
~~of the Revised Code; providing financial assistance to individual~~	34426
~~municipal corporations and townships within the district to defray~~	34427
~~their added costs of maintaining roads and other public facilities~~	34428
~~and of providing emergency and other public services resulting~~	34429
~~from the location and operation within their boundaries of a~~	34430
~~composting, energy or resource recovery, incineration, or~~	34431
~~recycling facility that either is owned by the district or is~~	34432
~~furnishing solid waste management facility or recycling services~~	34433
~~to the district pursuant to a contract or agreement with the board~~	34434
~~of county commissioners or directors of the district; and paying~~	34435
~~any expenses provided for or incurred under section 3734.35~~	34436
purposes specified in division (G) of section 3734.57 of the	34437
Revised Code, the solid waste management policy committee of a	34438
county or joint solid waste management district may levy a fee on	34439
the generation of solid wastes within the district.	34440

The initial or amended solid waste management plan of the	34441
county or joint district approved under section 3734.521, 3734.55,	34442
or 3734.56 of the Revised Code, an amendment to the district's	34443
plan adopted under division (E) of section 3734.56 of the Revised	34444
Code, or the resolution adopted and ratified under division (B) of	34445
this section shall establish the rate of the fee levied under this	34446
division and shall specify whether the fee is levied on the basis	34447
of tons or cubic yards as the unit of measurement.	34448

(B) Prior to the approval under division (A) of section	34449
3734.56 of the Revised Code of the first amended plan that the	34450
district is required to submit for approval under that section,	34451
the approval of an initial plan under section 3734.521 of the	34452
Revised Code, the approval of an amended plan under section	34453
3734.521 or division (D) of section 3734.56 of the Revised Code,	34454
or the amendment of the district's plan under division (E) of	34455
section 3734.56 of the Revised Code, the solid waste management	34456
policy committee of a county or joint district that is operating	34457
under an initial plan approved under section 3734.55 of the	34458
Revised Code, or one for which approval of its initial plan is	34459
pending before the director of environmental protection on October	34460
29, 1993, under section 3734.55 of the Revised Code, may levy a	34461
fee under division (A) of this section by adopting and obtaining	34462
ratification of a resolution establishing the amount of the fee. A	34463
policy committee that, after December 1, 1993, concurrently	34464
proposes to levy a fee under division (A) of this section and to	34465
amend the fees levied by the district under divisions (B)(1) to	34466
(3) of section 3734.57 of the Revised Code may adopt and obtain	34467
ratification of one resolution proposing to do both. The	34468
requirements and procedures set forth in division (B) of section	34469
3734.57 of the Revised Code governing the adoption, amendment, and	34470
repeal of resolutions levying fees under divisions (B)(1) to (3)	34471
of that section, the ratification of those resolutions, and the	34472
notification of owners and operators of solid waste facilities	34473
required to collect fees levied under those divisions govern the	34474
adoption of the resolutions authorized to be adopted under this	34475
division, the ratification thereof, and the notification of owners	34476
and operators required to collect the fees, except as otherwise	34477
specifically provided in division (C) of this section.	34478

(C) Any initial or amended plan of a district adopted under	34479
section 3734.521 or 3734.56 of the Revised Code, or resolution	34480
adopted under division (B) of this section, that proposes to levy	34481
a fee under division (A) of this section that exceeds five dollars	34482
per ton shall be ratified in accordance with the provisions of	34483
section 3734.55 or division (B) of section 3734.57 of the Revised	34484
Code, as applicable, except that such an initial or amended plan	34485
or resolution shall be approved by a combination of municipal	34486
corporations and townships with a combined population within the	34487
boundaries of the district comprising at least seventy-five per	34488
cent, rather than at least sixty per cent, of the total population	34489
of the district.	34490

(D) The policy committee of a county or joint district may	34491
amend the fee levied by the district under division (A) of this	34492
section by adopting and obtaining ratification of a resolution	34493
establishing the amount of the amended fee. The policy committee	34494
may abolish the fee or an amended fee established under this	34495
division by adopting and obtaining ratification of a resolution	34496
proposing to repeal it. The requirements and procedures under	34497
division (B) and, if applicable, division (C) of this section	34498
govern the adoption and ratification of a resolution authorized to	34499
be adopted under this division and the notification of owners and	34500
operators of solid waste facilities required to collect the fees.	34501

(E) Collection of a fee or amended fee levied under division	34502
(A) or (D) of this section shall commence or cease in accordance	34503
with division (B) of section 3734.57 of the Revised Code. If a	34504
district is levying a fee under section 3734.572 of the Revised	34505
Code, collection of that fee shall cease on the date on which	34506
collection of the fee levied under division (A) of this section	34507
commences in accordance with division (B) of section 3734.57 of	34508
the Revised Code.	34509

(F) In the case of solid wastes that are taken to a solid	34510
waste transfer facility prior to being transported to a solid	34511
waste disposal facility for disposal, the fee levied under	34512
division (A) of this section shall be collected by the owner or	34513
operator of the transfer facility as a trustee for the district.	34514
In the case of solid wastes that are not taken to a solid waste	34515
transfer facility prior to being transported to a solid waste	34516
disposal facility, the fee shall be collected by the owner or	34517
operator of the solid waste disposal facility where the wastes are	34518
disposed of. An owner or operator of a solid waste transfer or	34519
disposal facility who is required to collect the fee shall collect	34520
and forward the fee to the district in accordance with section	34521
3734.57 of the Revised Code and rules adopted under division (H)	34522
of that section.	34523

If the owner or operator of a solid waste transfer or	34524
disposal facility who did not receive notice pursuant to division	34525
(B) of this section to collect the fee levied by a district under	34526
division (A) of this section receives solid wastes generated in	34527
the district, the owner or operator, within thirty days after	34528
receiving the wastes, shall send written notice of that fact to	34529
the board of county commissioners or directors of the district.	34530
Within thirty days after receiving such a notice, the board of	34531
county commissioners or directors shall send written notice to the	34532
owner or operator indicating whether the district is levying a fee	34533
under division (A) of this section and, if so, the amount of the	34534
fee.	34535

(G) Moneys received by a district levying a fee under	34536
division (A) of this section shall be credited to the special fund	34537
of the district created in division (G) of section 3734.57 of the	34538
Revised Code and shall be used exclusively for the purposes ~~set~~	34539
~~forth~~specified in ~~divisions (G)(1) to (10) of~~ that ~~section~~	34540
division. Prior to the approval under division (A) of section	34541
3734.56 of the Revised Code of the first amended plan that the	34542
district is required to submit for approval under that section,	34543
the approval of an initial plan under section 3734.521 of the	34544
Revised Code, the approval of an amended plan under that section	34545
or division (D) of section 3734.56 of the Revised Code, or the	34546
amendment of the district's plan under division (E) of section	34547
3734.56 of the Revised Code, moneys credited to the special fund	34548
arising from the fee levied pursuant to a resolution adopted and	34549
ratified under division (B) of this section shall be expended for	34550
those purposes in the manner prescribed by the solid waste	34551
management policy committee by resolution.	34552

(H) The fee levied under division (A) of this section does	34553
not apply to the management of solid wastes that:	34554

(1) Are disposed of at a facility owned by the generator of	34555
the wastes when the solid waste facility exclusively disposes of	34556
solid wastes generated at one or more premises owned by the	34557
generator regardless of whether the facility is located on a	34558
premises where the wastes were generated;	34559

(2) Are disposed of at facilities that exclusively dispose of	34560
wastes that are generated from the combustion of coal, or from the	34561
combustion of primarily coal in combination with scrap tires, that	34562
is not combined in any way with garbage at one or more premises	34563
owned by the generator.	34564

(I) When solid wastes that are burned in a disposal facility	34565
that is an incinerator or energy recovery facility are delivered	34566
to a solid waste transfer facility prior to being transported to	34567
the incinerator or energy recovery facility where they are burned,	34568
the fee levied under division (A) of this section shall be levied	34569
on the wastes delivered to the transfer facility.	34570

(J) When solid wastes that are burned in a disposal facility	34571
that is an incinerator or energy recovery facility are not	34572
delivered to a solid waste transfer facility prior to being	34573
transported to the incinerator or energy recovery facility where	34574
they are burned, the fee levied under division (A) of this section	34575
shall be levied on the wastes delivered to the incinerator or	34576
energy recovery facility.	34577

(K) The fee levied under division (A) of this section does	34578
not apply to sewage sludge that is generated by a waste water	34579
treatment facility holding a national pollutant discharge	34580
elimination system permit and that is disposed of through	34581
incineration, land application, or composting or at another	34582
resource recovery or disposal facility that is not a landfill.	34583

(L) The fee levied under division (A) of this section does	34584
not apply to yard waste delivered to a solid waste composting	34585
facility for processing or to a solid waste transfer facility.	34586

(M) The fee levied under division (A) of this section does	34587
not apply to materials separated from a mixed waste stream for	34588
recycling by the generator.	34589

(N) The fees levied under this section do not apply to solid	34590
wastes, including, but not limited to, scrap tires, that are	34591
generated, transferred, or disposed of as a result of a contract	34592
providing for the expenditure of public funds entered into by the	34593
administrator or regional administrator of the United States	34594
environmental protection agency, the director of environmental	34595
protection, or the director of administrative services on behalf	34596
of the director of environmental protection for the purpose of	34597
remediating conditions at a hazardous waste facility, solid waste	34598
facility, or other location at which the administrator or regional	34599
administrator or the director of environmental protection has	34600
reason to believe that there is a substantial threat to public	34601
health or safety or the environment or that the conditions are	34602
causing or contributing to air or water pollution or soil	34603
contamination.	34604

Sec. 3734.85. (A) On and after the effective date of the	34605
rules adopted under sections 3734.70, 3734.71, 3734.72, and	34606
3734.73 of the Revised Code, the director of environmental	34607
protection may take action under this section to abate	34608
accumulations of scrap tires. If the director determines that an	34609
accumulation of scrap tires constitutes a danger to the public	34610
health or safety or to the environment, hethe director shall	34611
issue an order under section 3734.13 of the Revised Code to the	34612
person responsible for the accumulation of scrap tires directing	34613
that person, within one hundred twenty days after the issuance of	34614
the order, to remove the accumulation of scrap tires from the	34615
premises on which it is located and transport the tires to a scrap	34616
tire storage, monocell, monofill, or recovery facility licensed	34617
under section 3734.81 of the Revised Code, to such a facility in	34618
another state operating in compliance with the laws of the state	34619
in which it is located, or to any other solid waste disposal	34620
facility in another state that is operating in compliance with the	34621
laws of that state. If the person responsible for causing the	34622
accumulation of scrap tires is a person different from the owner	34623
of the land on which the accumulation is located, the director may	34624
issue such an order to the landowner.	34625

If the director is unable to ascertain immediately the	34626
identity of the person responsible for causing the accumulation of	34627
scrap tires, hethe director shall examine the records of the	34628
applicable board of health and law enforcement agencies to	34629
ascertain that person's identity. Before initiating any	34630
enforcement or removal actions under this division against the	34631
owner of the land on which the accumulation is located, the	34632
director shall initiate any such actions against the person that	34633
hethe director has identified as responsible for causing the	34634
accumulation of scrap tires. Failure of the director to make	34635
diligent efforts to ascertain the identity of the person	34636
responsible for causing the accumulation of scrap tires or to	34637
initiate an action against the person responsible for causing the	34638
accumulation shall not constitute an affirmative defense by a	34639
landowner to an enforcement action initiated by the director under	34640
this division requiring immediate removal of any accumulation of	34641
scrap tires.	34642

Upon the written request of the recipient of an order issued	34643
under this division, the director may extend the time for	34644
compliance with the order if the request demonstrates that the	34645
recipient has acted in good faith to comply with the order. If the	34646
recipient of an order issued under this division fails to comply	34647
with the order within one hundred twenty days after the issuance	34648
of the order or, if the time for compliance with the order was so	34649
extended, within that time, the director shall take such actions	34650
as hethe director considers reasonable and necessary to remove	34651
and properly manage the scrap tires located on the land named in	34652
the order. The director, through employees of the environmental	34653
protection agency or a contractor, may enter upon the land on	34654
which the accumulation of scrap tires is located and remove and	34655
transport them to a scrap tire recovery facility for processing,	34656
to a scrap tire storage facility for storage, or to a scrap tire	34657
monocell or monofill facility for storage or disposal.	34658

The director shall enter into contracts with the owners or	34659
operators of scrap tire storage, monocell, monofill, or recovery	34660
facilities for the storage, disposal, or processing of scrap tires	34661
removed through removal operations conducted under this section.	34662
In doing so, the director shall give preference to scrap tire	34663
recovery facilities.	34664

If a person to whom a removal order is issued under this	34665
division fails to comply with the order and if the director	34666
performs a removal action under this section, the person to whom	34667
the removal order is issued is liable to the director for the	34668
costs incurred by the director for conducting the removal	34669
operation, storage at a scrap tire storage facility, storage or	34670
disposal at a scrap tire monocell or monofill facility, or	34671
processing of the scrap tires so removed, the transportation of	34672
the scrap tires from the site of the accumulation to the scrap	34673
tire storage, monocell, monofill, or recovery facility where the	34674
scrap tires were stored, disposed of, or processed, and the	34675
administrative and legal expenses incurred by the director in	34676
connection with the removal operation. The director shall keep an	34677
itemized record of those costs. Upon completion of the actions for	34678
which the costs were incurred, the director shall record the costs	34679
at the office of the county recorder of the county in which the	34680
accumulation of scrap tires was located. The costs so recorded	34681
constitute a lien on the property on which the accumulation of	34682
scrap tires was located until discharged. Upon the written request	34683
of the director, the attorney general shall bring a civil action	34684
against the person responsible for the accumulation of the scrap	34685
tires that were the subject of the removal operation to recover	34686
the costs ~~of the removal operation. If the director is unable to~~	34687
~~recover those costs through such a civil action, he shall certify~~	34688
~~them to the county recorder of the county in which the~~	34689
~~accumulation of scrap tires was located. The recorder shall record~~	34690
~~the costs so certified as a lien on the property on which the~~	34691
~~accumulation of scrap tires was located, which costs shall be a~~	34692
~~lien on the property until discharged~~for which the person is	34693
liable under this division. Any money so received or recovered	34694
shall be credited to the scrap tire management fund created in	34695
section 3734.82 of the Revised Code.	34696

If, in a civil action brought under this division, an owner	34697
of real property is ordered to pay to the director the costs of a	34698
removal action that removed an accumulation of scrap tires from	34699
the person's land or if a lien is placed on the person's land for	34700
the costs of such a removal action, and, in either case, if the	34701
landowner was not the person responsible for causing the	34702
accumulation of scrap tires so removed, the landowner may bring a	34703
civil action against the person who was responsible for causing	34704
the accumulation to recover the amount of the removal costs that	34705
the court ordered the landowner to pay to the director or the	34706
amount of the removal costs certified to the county recorder as a	34707
lien on the landowner's property, whichever is applicable. If the	34708
landowner prevails in the civil action against the person who was	34709
responsible for causing the accumulation of scrap tires, the	34710
court, as it considers appropriate, may award to the landowner the	34711
reasonable attorney's fees incurred by the landowner for bringing	34712
the action, court costs, and other reasonable expenses incurred by	34713
the landowner in connection with the civil action. A landowner	34714
shall bring such a civil action within two years after making the	34715
final payment of the removal costs to the director pursuant to the	34716
judgment rendered against the landowner in the civil action	34717
brought under this division upon the director's request or within	34718
two years after the director certified the costs of the removal	34719
action to the county recorder, as appropriate. A person who, at	34720
the time that a removal action was conducted under this division,	34721
owned the land on which the removal action was performed may bring	34722
an action under this division to recover the costs of the removal	34723
action from the person responsible for causing the accumulation of	34724
scrap tires so removed regardless of whether the person owns the	34725
land at the time of bringing the action.	34726

Subject to the limitations set forth in division (G) of	34727
section 3734.82 of the Revised Code, the director may use moneys	34728
in the scrap tire management fund ~~created in that division~~ for	34729
conducting removal actions under this division. Any moneys	34730
recovered under this division shall be credited to the scrap tire	34731
management fund.	34732

(B) The director shall initiate enforcement and removal	34733
actions under division (A) of this section in accordance with the	34734
following descending listing of priorities:	34735

(1) Accumulations of scrap tires that the director finds	34736
constitute a fire hazard or threat to public health;	34737

(2) Accumulations of scrap tires determined by the director	34738
to contain more than one million scrap tires;	34739

(3) Accumulations of scrap tires in densely populated areas;

34740

(4) Other accumulations of scrap tires that the director or	34741
board of health of the health district in which the accumulation	34742
is located determines constitute a public nuisance;	34743

(5) Any other accumulations of scrap tires present on	34744
premises operating without a valid license issued under section	34745
3734.05 or 3734.81 of the Revised Code.	34746

(C) The director shall not take enforcement and removal	34747
actions under division (A) of this section against the owner or	34748
operator of, or the owner of the land on which is located, any of	34749
the following:	34750

(1) A premises where not more than one hundred scrap tires	34751
are present at any time;	34752

(2) The premises of a business engaging in the sale of tires	34753
at retail that meets either of the following criteria:	34754

(a) Not more than one thousand scrap tires are present on the	34755
premises at any time in an unsecured, uncovered outdoor location;.	34756

(b) Any number of scrap tires are secured in a building or a	34757
covered, enclosed container, trailer, or installation.	34758

(3) The premises of a tire retreading business, a tire	34759
manufacturing finishing center, or a tire adjustment center on	34760
which is located a single, covered scrap tire storage area where	34761
not more than four thousand scrap tires are stored;	34762

(4) The premises of a business that removes tires from motor	34763
vehicles in the ordinary course of business and on which is	34764
located a single scrap tire storage area that occupies not more	34765
than twenty-five hundred square feet;	34766

(5) A solid waste facility licensed under section 3734.05 of	34767
the Revised Code that stores scrap tires on the surface of the	34768
ground if the total land area on which scrap tires are actually	34769
stored does not exceed ten thousand square feet;	34770

(6) A premises where not more than two hundred fifty scrap	34771
tires are stored or kept for agricultural use;	34772

(7) A construction site where scrap tires are stored for use	34773
or used in road resurfacing or the construction of embankments;	34774

(8) A scrap tire collection, storage, monocell, monofill, or	34775
recovery facility licensed under section 3734.81 of the Revised	34776
Code;	34777

(9) A solid waste incineration or energy recovery facility	34778
that is subject to regulation under this chapter and that burns	34779
scrap tires;	34780

(10) A premises where scrap tires are beneficially used and	34781
for which the notice required by rules adopted under section	34782
3734.84 of the Revised Code has been given;	34783

(11) A transporter registered under section 3734.83 of the	34784
Revised Code that collects and holds scrap tires in a covered	34785
trailer or vehicle for not longer than thirty days prior to	34786
transporting them to their final destination.	34787

(D) Nothing in this section restricts any right any person	34788
may have under statute or common law to enforce or seek	34789
enforcement of any law applicable to the management of scrap	34790
tires, abate a nuisance, or seek any other appropriate relief.	34791

(E) An owner of real property upon which there is located an	34792
accumulation of not more than two thousand scrap tires is not	34793
liable under division (A) of this section for the cost of the	34794
removal of the scrap tires, and no lien shall attach to the	34795
property under this section, if all of the following conditions	34796
are met:	34797

(1) The tires were placed on the property after the owner	34798
acquired title to the property, or the tires were placed on the	34799
property before the owner acquired title to the property and the	34800
owner acquired title to the property by bequest or devise;.	34801

(2) The owner of the property did not have knowledge that the	34802
tires were being placed on the property, or the owner posted on	34803
the property signs prohibiting dumping or took other action to	34804
prevent the placing of tires on the property;.	34805

(3) The owner of the property did not participate in or	34806
consent to the placing of the tires on the property;.	34807

(4) The owner of the property received no financial benefit	34808
from the placing of the tires on the property or otherwise having	34809
the tires on the property;.	34810

(5) Title to the property was not transferred to the owner	34811
for the purpose of evading liability under division (A) of this	34812
section;.	34813

(6) The person responsible for placing the tires on the	34814
property, in doing so, was not acting as an agent for the owner of	34815
the property.	34816

Sec. 3734.901. (A)(1) For the purpose of providing revenue	34817
to defray the cost of administering and enforcing the scrap tire	34818
provisions of this chapter, rules adopted under those provisions,	34819
and terms and conditions of orders, variances, and licenses issued	34820
under those provisions; to abate accumulations of scrap tires; to	34821
make grants to promote research regarding alternative methods of	34822
recycling scrap tires and loans to promote the recycling or	34823
recovery of energy from scrap tires; and to defray the costs of	34824
administering and enforcing sections 3734.90 to 3734.9014 of the	34825
Revised Code, a fee of fifty cents per tire is hereby levied on	34826
the sale of tires. The fee is levied from the first day of the	34827
calendar month that begins next after thirty days from October 29,	34828
1993, through June 30, ~~2006~~2011.	34829

(2) Beginning on ~~the effective date of this section~~September	34830
5, 2001, and ending on June 30, 2011, there is hereby levied an	34831
additional fee of fifty cents per tire on the sale of tires the	34832
proceeds of which shall be deposited in the state treasury to the	34833
credit of the scrap tire management fund created in section	34834
3734.82 of the Revised Code and be used exclusively for the	34835
purposes specified in division (G)(3) of that section.	34836

(B) Only one sale of the same article shall be used in	34837
computing the amount of the fee due.	34838

Sec. 3734.9010. ~~Four~~Two per cent of all amounts paid to the	34839
treasurer of state pursuant to sections 3734.90 to 3734.9014 of	34840
the Revised Code shall be certified directly to the credit of the	34841
tire fee administrative fund, which is hereby created in the state	34842
treasury, for appropriation to the department of taxation for use	34843
in administering those sections. The remainder of the amounts paid	34844
to the treasurer of state shall be deposited to the credit of the	34845
scrap tire management fund created in section 3734.82 of the	34846
Revised Code.	34847

Sec. 3735.27. (A) Whenever the director of development has	34848
determined that there is need for a housing authority in any	34849
portion of any county that comprises two or more political	34850
subdivisions or portions of two or more political subdivisions but	34851
is less than all the territory within the county, a metropolitan	34852
housing authority shall be declared to exist, and the territorial	34853
limits of the authority shall be defined, by a letter from the	34854
director. The director shall issue a determination from the	34855
department of development declaring that there is need for a	34856
housing authority within those territorial limits after finding	34857
either of the following:	34858

(1) Unsanitary or unsafe inhabited housing accommodations	34859
exist in that area;	34860

(2) There is a shortage of safe and sanitary housing	34861
accommodations in that area available to persons who lack the	34862
amount of income that is necessary, as determined by the director,	34863
to enable them, without financial assistance, to live in decent,	34864
safe, and sanitary dwellings without congestion.	34865

In determining whether dwelling accommodations are unsafe or	34866
unsanitary, the director may take into consideration the degree of	34867
congestion, the percentage of land coverage, the light, air,	34868
space, and access available to the inhabitants of the dwelling	34869
accommodations, the size and arrangement of rooms, the sanitary	34870
facilities, and the extent to which conditions exist in the	34871
dwelling accommodations that endanger life or property by fire or	34872
other causes.	34873

The territorial limits of a metropolitan housing authority as	34874
defined by the director under this division shall be fixed for the	34875
authority upon proof of a letter from the director declaring the	34876
need for the authority to function in those territorial limits.	34877
Any such letter from the director, any certificate of	34878
determination issued by the director, and any certificate of	34879
appointment of members of the authority shall be admissible in	34880
evidence in any suit, action, or proceeding.	34881

A certified copy of the letter from the director declaring	34882
the existence of a metropolitan housing authority and the	34883
territorial limits of its district shall be immediately forwarded	34884
to each appointing authority. A metropolitan housing authority	34885
shall consist of members who are residents of the territory in	34886
which they serve.	34887

(B)(1) Except as otherwise provided in division (C), (D), or	34888
(E) of this section, the members of a metropolitan housing	34889
authority shall be appointed as follows:	34890

(a)(i) In a district in a county in which a charter has been	34891
adopted under Article X, Section 3 of the Ohio Constitution, and	34892
in which the most populous city is not the city with the largest	34893
ratio of housing units owned or managed by the authority to	34894
population, one member shall be appointed by the probate court,	34895
one member shall be appointed by the court of common pleas, one	34896
member shall be appointed by the board of county commissioners,	34897
one member shall be appointed by the chief executive officer of	34898
the city that has the largest ratio of housing units owned or	34899
managed by the authority to population, and two members shall be	34900
appointed by the chief executive officer of the most populous city	34901
in the district.	34902

(ii) If, in a district that appoints members pursuant to	34903
division (B)(1)(a) of this section, the most populous city becomes	34904
the city with the largest ratio of housing units owned or managed	34905
by the authority to population, when the term of office of the	34906
member who was appointed by the chief executive officer of the	34907
city with the largest ratio expires, that member shall not be	34908
reappointed, and the membership of the authority shall be as	34909
described in division (B)(1)(b) of this section.	34910

(b) In any district other than one described in division	34911
(B)(1)(a) of this section, one member shall be appointed by the	34912
probate court, one member shall be appointed by the court of	34913
common pleas, one member shall be appointed by the board of county	34914
commissioners, and two members shall be appointed by the chief	34915
executive officer of the most populous city in the district.	34916

(2) At the time of the initial appointment of the authority,	34917
the member appointed by the probate court shall be appointed for a	34918
period of four years, the member appointed by the court of common	34919
pleas shall be appointed for three years, the member appointed by	34920
the board of county commissioners shall be appointed for two	34921
years, one member appointed by the chief executive officer of the	34922
most populous city in the district shall be appointed for one	34923
year, and the other member appointed by the chief executive	34924
officer of the most populous city in the district shall be	34925
appointed for five years.	34926

If appointments are made under division (B)(1)(a) of this	34927
section, the member appointed by the chief executive officer of	34928
the city in the district that is not the most populous city, but	34929
that has the largest ratio of housing units owned or managed by	34930
the authority to population, shall be appointed for five years.	34931

After the initial appointments, all members of the authority	34932
shall be appointed for five-year terms, and any vacancy occurring	34933
upon the expiration of a term shall be filled by the appointing	34934
authority that made the initial appointment.	34935

(3) For purposes of this division, population shall be	34936
determined according to the last preceding federal census.	34937

(C) For any metropolitan housing authority district that	34938
contained, as of the 1990 federal census, a population of at least	34939
one million, two members of the authority shall be appointed by	34940
the legislative authority of the most populous city in the	34941
district, two members shall be appointed by the chief executive	34942
officer of the most populous city in the district, and one member	34943
shall be appointed by the chief executive officer, with the	34944
approval of the legislative authority, of the city in the district	34945
that has the second highest number of housing units owned or	34946
managed by the authority.	34947

At the time of the initial appointment of the authority, one	34948
member appointed by the legislative authority of the most populous	34949
city in the district shall be appointed for three years, and one	34950
such member shall be appointed for one year; the member appointed	34951
by the chief executive officer of the city with the second highest	34952
number of housing units owned or managed by the authority shall be	34953
appointed, with the approval of the legislative authority, for	34954
three years; and one member appointed by the chief executive	34955
officer of the most populous city in the district shall be	34956
appointed for three years, and one such member shall be appointed	34957
for one year. Thereafter, all members of the authority shall be	34958
appointed for three-year terms, and any vacancy shall be filled by	34959
the same appointing power that made the initial appointment. At	34960
the expiration of the term of any member appointed by the chief	34961
executive officer of the most populous city in the district before	34962
March 15, 1983, the chief executive officer of the most populous	34963
city in the district shall fill the vacancy by appointment for a	34964
three-year term. At the expiration of the term of any member	34965
appointed by the board of county commissioners before March 15,	34966
1983, the chief executive officer of the city in the district with	34967
the second highest number of housing units owned or managed by the	34968
authority shall, with the approval of the municipal legislative	34969
authority, fill the vacancy by appointment for a three-year term.	34970
At the expiration of the term of any member appointed before March	34971
15, 1983, by the court of common pleas or the probate court, the	34972
legislative authority of the most populous city in the district	34973
shall fill the vacancy by appointment for a three-year term.	34974

After March 15, 1983, at least one of the members appointed	34975
by the chief executive officer of the most populous city shall be	34976
a resident of a dwelling unit owned or managed by the authority.	34977
At least one of the initial appointments by the chief executive	34978
officer of the most populous city, after March 15, 1983, shall be	34979
a resident of a dwelling unit owned or managed by the authority.	34980
Thereafter, any member appointed by the chief executive officer of	34981
the most populous city for the term established by this initial	34982
appointment, or for any succeeding term, shall be a person who	34983
resides in a dwelling unit owned or managed by the authority. If	34984
there is an elected, representative body of all residents of the	34985
authority, the chief executive officer of the most populous city	34986
shall, whenever there is a vacancy in this resident term, provide	34987
written notice of the vacancy to the representative body. If the	34988
representative body submits to the chief executive officer of the	34989
most populous city, in writing and within sixty days after the	34990
date on which it was notified of the vacancy, the names of at	34991
least five residents of the authority who are willing and	34992
qualified to serve as a member, the chief executive officer of the	34993
most populous city shall appoint to the resident term one of the	34994
residents recommended by the representative body. At no time shall	34995
residents constitute a majority of the members of the authority.	34996

(D)(1) For any metropolitan housing authority district	34997
located in a county that had, as of the 2000 federal census, a	34998
population of at least four hundred thousand and no city with a	34999
population greater than thirty per cent of the total population of	35000
the county, one member of the authority shall be appointed by the	35001
probate court, one member shall be appointed by the court of	35002
common pleas, one member shall be appointed by the chief executive	35003
officer of the most populous city in the district, and two members	35004
shall be appointed by the board of county commissioners.	35005

(2) At the time of the initial appointment of a metropolitan	35006
housing authority pursuant to this division, the member appointed	35007
by the probate court shall be appointed for a period of four	35008
years, the member appointed by the court of common pleas shall be	35009
appointed for three years, the member appointed by the chief	35010
executive officer of the most populous city shall be appointed for	35011
two years, one member appointed by the board of county	35012
commissioners shall be appointed for one year, and the other	35013
member appointed by the board of county commissioners shall be	35014
appointed for five years. Thereafter, all members of the authority	35015
shall be appointed for five-year terms, with each term ending on	35016
the same day of the same month as the term that it succeeds.	35017
Vacancies shall be filled in the manner provided in the original	35018
appointments. Any member appointed to fill a vacancy occurring	35019
prior to the expiration of the term shall hold office as a member	35020
for the remainder of that term.	35021

(E)(1) ~~An additional two members~~One resident member shall be	35022
appointed to ~~the~~a metropolitan housing authority ~~in any district~~	35023
~~that has three hundred or more assisted housing units and that~~	35024
~~does not have at least one resident as a member of its authority.~~	35025
~~For the purposes of this section, an "assisted unit" is a housing~~	35026
~~unit owned or operated by the housing authority or a unit in which~~	35027
~~the occupants receive tenant-based housing assistance through the~~	35028
~~federal section 8 housing program, 24 C.F.R. Ch VIII, and, a~~	35029
~~"resident" is a person who lives in an assisted housing unit~~when	35030
required by federal law. The	35031

~~(2) The~~ chief executive officer of the most populous city in	35032
the district shall appoint ~~an additional member who is a~~that	35033
resident member for ~~an initial~~a term of five years. ~~The board of~~	35034
~~county commissioners shall appoint the other additional member,~~	35035
~~who need not be a resident, for an initial term of three years.~~	35036
~~After the initial term, the terms of both members~~Subsequent terms	35037
of that resident member also shall be for five years, and	35038
~~vacancies~~any vacancy in the position of the resident member shall	35039
be filled ~~in the manner provided for original appointments~~by the	35040
chief executive officer of the most populous city in the district.	35041
Any member appointed to fill such a vacancy ~~occurring prior to the~~	35042
~~expiration of the term for which the member's predecessor was~~	35043
~~appointed~~ shall hold office as a resident member for the remainder	35044
of that term. If, at any time, the	35045

~~(3) A member appointed as a~~ resident member ~~who~~ no longer	35046
qualifies as a resident ~~shall be deemed unable to serve~~, ~~and~~	35047
another resident member shall be appointed by the chief executive	35048
officer of the most populous city in the district to serve for the	35049
unexpired portion of that term.	35050

(2) On and after the effective date of this amendment, any	35051
metropolitan housing authority to which two additional members	35052
were appointed pursuant to former division (E)(1) of this section	35053
as enacted by Amended Substitute House Bill No. 95 of the 125th	35054
general assembly shall continue to have those additional members.	35055
Their terms shall be for five years, and vacancies in their	35056
positions shall be filled in the manner provided for their	35057
original appointment under former division (E)(1) of this section	35058
as so enacted.	35059

(F) Public officials, other than the officers having the	35060
appointing power under this section, shall be eligible to serve as	35061
members, officers, or employees of a metropolitan housing	35062
authority notwithstanding any statute, charter, or law to the	35063
contrary. Not more than two such public officials shall be members	35064
of the authority at any one time.	35065

All members of an authority shall serve without compensation	35066
but shall be entitled to be reimbursed for all necessary expenses	35067
incurred.	35068

After a metropolitan housing authority district is formed,	35069
the director may enlarge the territory within the district to	35070
include other political subdivisions, or portions of other	35071
political subdivisions, but the territorial limits of the district	35072
shall be less than that of the county.	35073

(G)(1) Any vote taken by a metropolitan housing authority	35074
shall require a majority affirmative vote to pass. A tie vote	35075
shall constitute a defeat of any measure receiving equal numbers	35076
of votes for and against it.	35077

(2) The members of a metropolitan housing authority shall act	35078
in the best interest of the district and shall not act solely as	35079
representatives of their respective appointing authorities.	35080

Sec. 3743.01. As used in this chapter:

35081

(A) "Beer" and "intoxicating liquor" have the same meanings	35082
as in section 4301.01 of the Revised Code.	35083

(B) "Booby trap" means a small tube that has a string	35084
protruding from both ends, that has a friction-sensitive	35085
composition, and that is ignited by pulling the ends of the	35086
string.	35087

(C) "Cigarette load" means a small wooden peg that is coated	35088
with a small quantity of explosive composition and that is ignited	35089
in a cigarette.	35090

(D)(1) "1.3G fireworks" means display fireworks consistent	35091
with regulations of the United States department of transportation	35092
as expressed using the designation "division 1.3" in Title 49,	35093
Code of Federal Regulations.	35094

(2) "1.4G fireworks" means consumer fireworks consistent with	35095
regulations of the United States department of transportation as	35096
expressed using the designation "division 1.4" in Title 49, Code	35097
of Federal Regulations.	35098

(E) "Controlled substance" has the same meaning as in section	35099
3719.01 of the Revised Code.	35100

(F) "Fireworks" means any composition or device prepared for	35101
the purpose of producing a visible or an audible effect by	35102
combustion, deflagration, or detonation, except ordinary matches	35103
and except as provided in section 3743.80 of the Revised Code.	35104

(G) "Fireworks plant" means all buildings and other	35105
structures in which the manufacturing of fireworks, or the storage	35106
or sale of manufactured fireworks by a manufacturer, takes place.	35107

(H) "Highway" means any public street, road, alley, way,	35108
lane, or other public thoroughfare.	35109

(I) "Licensed exhibitor of fireworks" or "licensed exhibitor"	35110
means a person licensed pursuant to sections 3743.50 to 3743.55 of	35111
the Revised Code.	35112

(J) "Licensed manufacturer of fireworks" or "licensed	35113
manufacturer" means a person licensed pursuant to sections 3743.02	35114
to 3743.08 of the Revised Code.	35115

(K) "Licensed wholesaler of fireworks" or "licensed	35116
wholesaler" means a person licensed pursuant to sections 3743.15	35117
to 3743.21 of the Revised Code.	35118

(L) "List of licensed exhibitors" means the list required by	35119
division (C) of section 3743.51 of the Revised Code.	35120

(M) "List of licensed manufacturers" means the list required	35121
by division (C) of section 3743.03 of the Revised Code.	35122

(N) "List of licensed wholesalers" means the list required by	35123
division (C) of section 3743.16 of the Revised Code.	35124

(O) "Manufacturing of fireworks" means the making of	35125
fireworks from raw materials, none of which in and of themselves	35126
constitute a fireworks, or the processing of fireworks.	35127

(P) "Navigable waters" means any body of water susceptible of	35128
being used in its ordinary condition as a highway of commerce over	35129
which trade and travel is or may be conducted in the customary	35130
modes, but does not include a body of water that is not capable of	35131
navigation by barges, tugboats, and other large vessels.	35132

(Q) "Novelties and trick noisemakers" include the following	35133
items:	35134

(1) Devices that produce a small report intended to surprise	35135
the user, including, but not limited to, booby traps, cigarette	35136
loads, party poppers, and snappers;	35137

(2) Snakes or glow worms;

35138

(3) Smoke devices;

35139

(4) Trick matches.

35140

(R) "Party popper" means a small plastic or paper item that	35141
contains not more than sixteen milligrams of friction-sensitive	35142
explosive composition, that is ignited by pulling a string	35143
protruding from the item, and from which paper streamers are	35144
expelled when the item is ignited.	35145

(S) "Processing of fireworks" means the making of fireworks	35146
from materials all or part of which in and of themselves	35147
constitute a fireworks, but does not include the mere packaging or	35148
repackaging of fireworks.	35149

(T) "Railroad" means any railway or railroad that carries	35150
freight or passengers for hire, but does not include auxiliary	35151
tracks, spurs, and sidings installed and primarily used in serving	35152
a mine, quarry, or plant.	35153

(U) "Retail sale" or "sell at retail" means a sale of	35154
fireworks to a purchaser who intends to use the fireworks, and not	35155
resell them.	35156

(V) "Smoke device" means a tube or sphere that contains	35157
pyrotechnic composition that, upon ignition, produces white or	35158
colored smoke as the primary effect.	35159

(W) "Snake or glow worm" means a device that consists of a	35160
pressed pellet of pyrotechnic composition that produces a large,	35161
snake-like ash upon burning, which ash expands in length as the	35162
pellet burns.	35163

(X) "Snapper" means a small, paper-wrapped item that contains	35164
a minute quantity of explosive composition coated on small bits of	35165
sand, and that, when dropped, implodes.	35166

(Y) "Trick match" means a kitchen or book match that is	35167
coated with a small quantity of explosive composition and that,	35168
upon ignition, produces a small report or a shower of sparks.	35169

(Z) "Wire sparkler" means a sparkler consisting of a wire or	35170
stick coated with a nonexplosive pyrotechnic mixture that produces	35171
a shower of sparks upon ignition and that contains no more than	35172
one hundred grams of this mixture.	35173

(AA) "Wholesale sale" or "sell at wholesale" means a sale of	35174
fireworks to a purchaser who intends to resell the fireworks so	35175
purchased.	35176

(BB) "Licensed premises" means the real estate upon which a	35177
licensed manufacturer or wholesaler of fireworks conducts	35178
business.	35179

(CC) "Licensed building" means a building on the licensed	35180
premises of a licensed manufacturer or wholesaler of fireworks	35181
that is approved for occupancy by the building official having	35182
jurisdiction.	35183

(DD) "Fireworks incident" means any action or omission that	35184
occurs at a fireworks exhibition, that results in injury or death,	35185
or a substantial risk of injury or death, to any person, and that	35186
involves either of the following:	35187

(1) The handling or other use, or the results of the handling	35188
or other use, of fireworks or associated equipment or other	35189
materials;	35190

(2) The failure of any person to comply with any applicable	35191
requirement imposed by this chapter or any applicable rule adopted	35192
under this chapter.	35193

(EE) "Discharge site" means an area immediately surrounding	35194
the mortars used to fire aerial shells.	35195

(FF) "Fireworks incident site" means a discharge site or	35196
other location at a fireworks exhibition where a fireworks	35197
incident occurs, a location where an injury or death associated	35198
with a fireworks incident occurs, or a location where evidence of	35199
a fireworks incident or an injury or death associated with a	35200
fireworks incident is found.	35201

(GG) "Storage location" means a single parcel or contiguous	35202
parcels of real estate approved by the fire marshal pursuant to	35203
division (I) of section 3743.04 of the Revised Code or division	35204
(G) of section 3743.17 of the Revised Code that are separate from	35205
a licensed premises containing a retail showroom, and which parcel	35206
or parcels a licensed manufacturer or wholesaler of fireworks may	35207
use only for the distribution, possession, and storage of	35208
fireworks in accordance with this chapter.	35209

Sec. 3743.02. (A) Any person who wishes to manufacture	35210
fireworks in this state shall submit to the fire marshal an	35211
application for licensure as a manufacturer of fireworks before	35212
the first day of October of each year. The application shall be	35213
submitted prior to the operation of a fireworks plant, shall be on	35214
a form prescribed by the fire marshal, shall contain all	35215
information required by this section or requested by the fire	35216
marshal, and shall be accompanied by the license fee,	35217
fingerprints, and proof of insurance coverage described in	35218
division (B) of this section.	35219

The fire marshal shall prescribe a form for applications for	35220
licensure as a manufacturer of fireworks and make a copy of the	35221
form available, upon request, to persons who seek that licensure.	35222

(B) An applicant for licensure as a manufacturer of fireworks	35223
shall submit with the application all of the following:	35224

(1) A license fee of two thousand seven hundred fifty	35225
dollars, which the fire marshal shall use to pay for fireworks	35226
safety education, training programs, and inspections;. If the	35227
applicant has any storage locations approved in accordance with	35228
division (I) of section 3743.04 of the Revised Code, the applicant	35229
also shall submit a fee of one hundred dollars per storage	35230
location for the inspection of each storage location.	35231

(2) Proof of comprehensive general liability insurance	35232
coverage, specifically including fire and smoke casualty on	35233
premises and products, in an amount not less than one million	35234
dollars for each occurrence for bodily injury liability and	35235
wrongful death liability at the fireworks plant. All applicants	35236
shall submit evidence of comprehensive general liability insurance	35237
coverage verified by the insurer and certified as to its provision	35238
of the minimum coverage required under this division.	35239

(3) One complete set of the applicant's fingerprints and a	35240
complete set of fingerprints of any individual holding, owning, or	35241
controlling a five per cent or greater beneficial or equity	35242
interest in the applicant for the license.	35243

(C) A separate application for licensure as a manufacturer of	35244
fireworks shall be submitted for each fireworks plant that a	35245
person wishes to operate in this state.	35246

(D) If an applicant intends to include the processing of	35247
fireworks as any part of its proposed manufacturing of fireworks,	35248
a statement indicating that intent shall be included in its	35249
application for licensure.	35250

Sec. 3743.04. (A) The license of a manufacturer of fireworks	35251
is effective for one year beginning on the first day of December.	35252
The fire marshal shall issue or renew a license only on that date	35253
and at no other time. If a manufacturer of fireworks wishes to	35254
continue manufacturing fireworks at the designated fireworks plant	35255
after its then effective license expires, it shall apply no later	35256
than the first day of October for a new license pursuant to	35257
section 3743.02 of the Revised Code. The fire marshal shall send a	35258
written notice of the expiration of its license to a licensed	35259
manufacturer at least three months before the expiration date.	35260

(B) If, during the effective period of its licensure, a	35261
licensed manufacturer of fireworks wishes to construct, locate, or	35262
relocate any buildings or other structures on the premises of its	35263
fireworks plant, to make any structural change or renovation in	35264
any building or other structure on the premises of its fireworks	35265
plant, or to change the nature of its manufacturing of fireworks	35266
so as to include the processing of fireworks, the manufacturer	35267
shall notify the fire marshal in writing. The fire marshal may	35268
require a licensed manufacturer also to submit documentation,	35269
including, but not limited to, plans covering the proposed	35270
construction, location, relocation, structural change or	35271
renovation, or change in manufacturing of fireworks, if the fire	35272
marshal determines the documentation is necessary for evaluation	35273
purposes in light of the proposed construction, location,	35274
relocation, structural change or renovation, or change in	35275
manufacturing of fireworks.	35276

Upon receipt of the notification and additional documentation	35277
required by the fire marshal, the fire marshal shall inspect the	35278
premises of the fireworks plant to determine if the proposed	35279
construction, location, relocation, structural change or	35280
renovation, or change in manufacturing of fireworks conforms to	35281
sections 3743.02 to 3743.08 of the Revised Code and the rules	35282
adopted by the fire marshal pursuant to section 3743.05 of the	35283
Revised Code. The fire marshal shall issue a written authorization	35284
to the manufacturer for the construction, location, relocation,	35285
structural change or renovation, or change in manufacturing of	35286
fireworks if the fire marshal determines, upon the inspection and	35287
a review of submitted documentation, that the construction,	35288
location, relocation, structural change or renovation, or change	35289
in manufacturing of fireworks conforms to those sections and	35290
rules. Upon authorizing a change in manufacturing of fireworks to	35291
include the processing of fireworks, the fire marshal shall make	35292
notations on the manufacturer's license and in the list of	35293
licensed manufacturers in accordance with section 3743.03 of the	35294
Revised Code.	35295

On or before June 1, 1998, a licensed manufacturer shall	35296
install, in every licensed building in which fireworks are	35297
manufactured, stored, or displayed and to which the public has	35298
access, interlinked fire detection, smoke exhaust, and smoke	35299
evacuation systems that are approved by the superintendent of the	35300
division of industrial compliance, and shall comply with floor	35301
plans showing occupancy load limits and internal circulation and	35302
egress patterns that are approved by the fire marshal and	35303
superintendent, and that are submitted under seal as required by	35304
section 3791.04 of the Revised Code. Notwithstanding section	35305
3743.59 of the Revised Code, the construction and safety	35306
requirements established in this division are not subject to any	35307
variance, waiver, or exclusion.	35308

(C) The license of a manufacturer of fireworks authorizes the	35309
manufacturer to engage only in the following activities:	35310

(1) The manufacturing of fireworks on the premises of the	35311
fireworks plant as described in the application for licensure or	35312
in the notification submitted under division (B) of this section,	35313
except that a licensed manufacturer shall not engage in the	35314
processing of fireworks unless authorized to do so by its license.	35315

(2) To possess for sale at wholesale and sell at wholesale	35316
the fireworks manufactured by the manufacturer, to persons who are	35317
licensed wholesalers of fireworks, to out-of-state residents in	35318
accordance with section 3743.44 of the Revised Code, to residents	35319
of this state in accordance with section 3743.45 of the Revised	35320
Code, or to persons located in another state provided the	35321
fireworks are shipped directly out of this state to them by the	35322
manufacturer. A person who is licensed as a manufacturer of	35323
fireworks on June 14, 1988, also may possess for sale and sell	35324
pursuant to division (C)(2) of this section fireworks other than	35325
those the person manufactures. The possession for sale shall be on	35326
the premises of the fireworks plant described in the application	35327
for licensure or in the notification submitted under division (B)	35328
of this section, and the sale shall be from the inside of a	35329
licensed building and from no other structure or device outside a	35330
licensed building. At no time shall a licensed manufacturer sell	35331
any class of fireworks outside a licensed building.	35332

(3) Possess for sale at retail and sell at retail the	35333
fireworks manufactured by the manufacturer, other than 1.4G	35334
fireworks as designated by the fire marshal in rules adopted	35335
pursuant to division (A) of section 3743.05 of the Revised Code,	35336
to licensed exhibitors in accordance with sections 3743.50 to	35337
3743.55 of the Revised Code, and possess for sale at retail and	35338
sell at retail the fireworks manufactured by the manufacturer,	35339
including 1.4G fireworks, to out-of-state residents in accordance	35340
with section 3743.44 of the Revised Code, to residents of this	35341
state in accordance with section 3743.45 of the Revised Code, or	35342
to persons located in another state provided the fireworks are	35343
shipped directly out of this state to them by the manufacturer. A	35344
person who is licensed as a manufacturer of fireworks on June 14,	35345
1988, may also possess for sale and sell pursuant to division	35346
(C)(3) of this section fireworks other than those the person	35347
manufactures. The possession for sale shall be on the premises of	35348
the fireworks plant described in the application for licensure or	35349
in the notification submitted under division (B) of this section,	35350
and the sale shall be from the inside of a licensed building and	35351
from no other structure or device outside a licensed building. At	35352
no time shall a licensed manufacturer sell any class of fireworks	35353
outside a licensed building.	35354

A licensed manufacturer of fireworks shall sell under	35355
division (C) of this section only fireworks that meet the	35356
standards set by the consumer product safety commission or by the	35357
American fireworks standard laboratories or that have received an	35358
EX number from the United States department of transportation.	35359

(D) The license of a manufacturer of fireworks shall be	35360
protected under glass and posted in a conspicuous place on the	35361
premises of the fireworks plant. Except as otherwise provided in	35362
this division, the license is not transferable or assignable. A	35363
license may be transferred to another person for the same	35364
fireworks plant for which the license was issued if the assets of	35365
the plant are transferred to that person by inheritance or by a	35366
sale approved by the fire marshal. The license is subject to	35367
revocation in accordance with section 3743.08 of the Revised Code.	35368

(E) The fire marshal shall not place the license of a	35369
manufacturer of fireworks in a temporarily inactive status while	35370
the holder of the license is attempting to qualify to retain the	35371
license.	35372

(F) Each licensed manufacturer of fireworks that possesses	35373
fireworks for sale and sells fireworks under division (C) of	35374
section 3743.04 of the Revised Code, or a designee of the	35375
manufacturer, whose identity is provided to the fire marshal by	35376
the manufacturer, annually shall attend a continuing education	35377
program consisting of not less than eight hours of instruction.	35378
The fire marshal shall develop the program and the fire marshal or	35379
a person or public agency approved by the fire marshal shall	35380
conduct it. A licensed manufacturer or the manufacturer's designee	35381
who attends a program as required under this division, within one	35382
year after attending the program, shall conduct in-service	35383
training for other employees of the licensed manufacturer	35384
regarding the information obtained in the program. A licensed	35385
manufacturer shall provide the fire marshal with notice of the	35386
date, time, and place of all in-service training not less than	35387
thirty days prior to an in-service training event.	35388

(G) A licensed manufacturer shall maintain comprehensive	35389
general liability insurance coverage in the amount and type	35390
specified under division (B)(2) of section 3743.02 of the Revised	35391
Code at all times. Each policy of insurance required under this	35392
division shall contain a provision requiring the insurer to give	35393
not less than fifteen days' prior written notice to the fire	35394
marshal before termination, lapse, or cancellation of the policy,	35395
or any change in the policy that reduces the coverage below the	35396
minimum required under this division. Prior to canceling or	35397
reducing the amount of coverage of any comprehensive general	35398
liability insurance coverage required under this division, a	35399
licensed manufacturer shall secure supplemental insurance in an	35400
amount and type that satisfies the requirements of this division	35401
so that no lapse in coverage occurs at any time. A licensed	35402
manufacturer who secures supplemental insurance shall file	35403
evidence of the supplemental insurance with the fire marshal prior	35404
to canceling or reducing the amount of coverage of any	35405
comprehensive general liability insurance coverage required under	35406
this division.	35407

(H) The fire marshal shall adopt rules for the expansion or	35408
contraction of a licensed premises and for approval of such	35409
expansions or contractions. The boundaries of a licensed premises,	35410
including any geographic expansion or contraction of those	35411
boundaries, shall be approved by the fire marshal in accordance	35412
with rules the fire marshal adopts. If the licensed premises	35413
consists of more than one parcel of real estate, those parcels	35414
shall be contiguous unless an exception is allowed pursuant to	35415
division (I) of this section.	35416

(I)(1) A licensed manufacturer may expand its licensed	35417
premises within this state to include not more than two storage	35418
locations that are located upon one or more real estate parcels	35419
that are noncontiguous to the licensed premises as that licensed	35420
premises exists on the date a licensee submits an application as	35421
described below, if all of the following apply:	35422

(a) The licensee submits an application to the fire marshal	35423
and an application fee of one hundred dollars per storage location	35424
for which the licensee is requesting approval.	35425

(b) The identity of the holder of the license remains the	35426
same at the storage location.	35427

(c) The storage location has received a valid certificate of	35428
zoning compliance as applicable and a valid certificate of	35429
occupancy for each building or structure at the storage location	35430
issued by the authority having jurisdiction to issue the	35431
certificate for the storage location, and those certificates	35432
permit the distribution and storage of fireworks regulated under	35433
this chapter at the storage location and in the buildings or	35434
structures. The storage location shall be in compliance with all	35435
other applicable federal, state, and local laws and regulations.	35436

(d) Every building or structure located upon the storage	35437
location is separated from occupied residential and nonresidential	35438
buildings or structures, railroads, highways, or any other	35439
buildings or structures on the licensed premises in accordance	35440
with the distances specified in the rules adopted by the fire	35441
marshal pursuant to section 3743.05 of the Revised Code.	35442

(e) Neither the licensee nor any person holding, owning, or	35443
controlling a five per cent or greater beneficial or equity	35444
interest in the licensee has been convicted of or pleaded guilty	35445
to a felony under the laws of this state, any other state, or the	35446
United States, after the effective date of this amendment.	35447

(f) The fire marshal approves the application for expansion.

35448

(2) The fire marshal shall approve an application for	35449
expansion requested under division (I)(1) of this section if the	35450
fire marshal receives the application fee and proof that the	35451
requirements of divisions (I)(1)(b) to (e) of this section are	35452
satisfied. The storage location shall be considered part of the	35453
original licensed premises and shall use the same distinct number	35454
assigned to the original licensed premises with any additional	35455
designations as the fire marshal deems necessary in accordance	35456
with section 3743.03 of the Revised Code.	35457

(J)(1) A licensee who obtains approval for the use of a	35458
storage location in accordance with division (I) of this section	35459
shall use the storage location exclusively for the following	35460
activities, in accordance with division (C) of this section:	35461

(a) The packaging, assembling, or storing of fireworks, which	35462
shall only occur in buildings, structures, or trailers approved	35463
for such hazardous uses by the building code official having	35464
jurisdiction for the storage location and shall be in accordance	35465
with the rules adopted by the fire marshal under division (G) of	35466
section 3743.05 of the Revised Code for the packaging, assembling,	35467
and storage of fireworks.	35468

(b) Distributing fireworks to other parcels of real estate	35469
located on the manufacturer's licensed premises, to licensed	35470
wholesalers or other licensed manufacturers in this state or to	35471
similarly licensed persons located in another state or country;	35472

(c) Distributing fireworks to a licensed exhibitor of	35473
fireworks pursuant to a properly issued permit in accordance with	35474
section 3743.54 of the Revised Code.	35475

(2) A licensed manufacturer shall not engage in any sales	35476
activity, including the retail sale of fireworks otherwise	35477
permitted under division (C)(2) or (C)(3) of this section, or	35478
pursuant to section 3743.44 or 3743.45 of the Revised Code, at the	35479
storage location approved under this section.	35480

(K) The licensee shall prohibit public access to the storage	35481
location. The fire marshal shall adopt rules to describe the	35482
acceptable measures a manufacturer shall use to prohibit access to	35483
the storage site.	35484

Sec. 3743.05. The fire marshal shall adopt rules in	35485
accordance with Chapter 119. of the Revised Code governing the	35486
classification of fireworks that are consistent with the	35487
classification of fireworks by the United States department of	35488
transportation as set forth in Title 49, Code of Federal	35489
Regulations, and the manufacture of fireworks and the storage of	35490
manufactured fireworks by licensed manufacturers of fireworks. The	35491
rules shall be designed to promote the safety and security of	35492
employees of manufacturers, members of the public, and the	35493
fireworks plant.	35494

The rules shall be consistent with sections 3743.02 to	35495
3743.08 of the Revised Code, shall be substantially equivalent to	35496
the most recent versions of chapters 1123, 1124, and 1126 of the	35497
most recent national fire protection association standards, and	35498
shall apply to, but not be limited to, the following subject	35499
matters:	35500

(A) A classification of fireworks by number and letter	35501
designation, including, specifically, a 1.4G designation of	35502
fireworks. The classes of fireworks established by the fire	35503
marshal shall be substantially equivalent to those defined by the	35504
United States department of transportation by regulation, except	35505
that, if the fire marshal determines that a type of fireworks	35506
designated as common fireworks by the United States department of	35507
transportation meets the criteria of any class of fireworks, other	35508
than 1.4G fireworks, as adopted by the fire marshal pursuant to	35509
this section, the fire marshal may include the type of fireworks	35510
in the other class instead of 1.4G.	35511

(B) Appropriate standards for the manufacturing of types of	35512
fireworks that are consistent with standards adopted by the United	35513
States department of transportation and the consumer product	35514
safety commission, including, but not limited to, the following:	35515

(1) Permissible amounts of pyrotechnic or explosive	35516
composition;	35517

(2) Interior and exterior dimensions;

35518

(3) Structural specifications.

35519

(C) Cleanliness and orderliness in, the heating, lighting,	35520
and use of stoves and flame-producing items in, smoking in, the	35521
prevention of fire and explosion in, the availability of fire	35522
extinguishers or other fire-fighting equipment and their use in,	35523
and emergency procedures relative to the buildings and other	35524
structures located on the premises of a fireworks plant.	35525

(D) Appropriate uniforms to be worn by employees of	35526
manufacturers in the course of the manufacturing, handling, and	35527
storing of fireworks, and the use of protective clothing and	35528
equipment by the employees.	35529

(E) The manner in which fireworks are to be packed, packaged,	35530
and stored.	35531

(F) Required distances between buildings or structures used	35532
in the manufacturing, storage, or sale of fireworks and occupied	35533
residential and nonresidential buildings or structures, railroads,	35534
highways, or any additional buildings or structures located on the	35535
licensed premises. The rules adopted pursuant to this division do	35536
not apply to factory buildings in fireworks plants that were	35537
erected on or before May 30, 1986, and that were legally being	35538
used for fireworks activities under authority of a valid license	35539
issued by the fire marshal as of December 1, 1990, pursuant to	35540
sections 3743.03 and 3743.04 of the Revised Code.	35541

(G) Requirements for the operation of storage locations,	35542
including packaging, assembling, and storage of fireworks.	35543

Sec. 3743.06. In addition to conforming to the rules of the	35544
fire marshal adopted pursuant to section 3743.05 of the Revised	35545
Code, licensed manufacturers of fireworks shall operate their	35546
fireworks plants in accordance with the following:	35547

(A) Signs indicating that smoking is generally forbidden and	35548
trespassing is prohibited on the premises of a fireworks plant	35549
shall be posted on the premises in a manner determined by the fire	35550
marshal.	35551

(B) Reasonable precautions shall be taken to protect the	35552
premises of a fireworks plant from trespass, loss, theft, or	35553
destruction. Only persons employed by the manufacturer, authorized	35554
governmental personnel, and persons who have obtained permission	35555
from a member of the manufacturer's office to be on the premises,	35556
are to be allowed to enter and remain on the premises.	35557

(C) Smoking or the carrying of pipes, cigarettes, or cigars,	35558
matches, lighters, other flame-producing items, or open flame on,	35559
or the carrying of a concealed source of ignition into, the	35560
premises of a fireworks plant is prohibited, except that a	35561
manufacturer may permit smoking in specified lunchrooms or	35562
restrooms in buildings or other structures in which no	35563
manufacturing, handling, sales, or storage of fireworks takes	35564
place. "NO SMOKING" signs shall be posted on the premises as	35565
required by the fire marshal.	35566

(D) Fire and explosion prevention and other reasonable safety	35567
measures and precautions shall be implemented by a manufacturer.	35568

(E) Persons shall not be permitted to have in their	35569
possession or under their control, while they are on the premises	35570
of the fireworks plant, any intoxicating liquor, beer, or	35571
controlled substance, and they shall not be permitted to enter or	35572
remain on the premises if they are found to be under the influence	35573
of any intoxicating liquor, beer, or controlled substance.	35574

(F) A manufacturer shall conform to all building, safety, and	35575
zoning statutes, ordinances, rules, or other enactments that apply	35576
to the premises of its fireworks plant.	35577

(G) ~~No building used in the manufacture, storage, or sale of~~	35578
~~fireworks shall be situated nearer than one thousand feet to any~~	35579
~~structure that is not located on the property of and that does not~~	35580
~~belong to the licensed fireworks manufacturer, or nearer than~~	35581
~~three hundred feet to any highway or railroad, or nearer than one~~	35582
~~hundred feet to any building used for the storage of explosives or~~	35583
~~fireworks, or nearer than fifty feet to any factory building. This~~	35584
~~division does not apply to factory buildings in fireworks plants~~	35585
~~that were erected on or before May 30, 1986, and that were legally~~	35586
~~being used for fireworks activities under authority of a valid~~	35587
~~license issued by the fire marshal as of December 1, 1990,~~	35588
~~pursuant to sections 3743.03 and 3743.04 of the Revised Code.~~	35589

~~(H)~~ Each fireworks plant shall have at least one class 1	35590
magazine that is approved by the bureau of alcohol, tobacco, and	35591
firearms of the United States department of the treasury and that	35592
is otherwise in conformity with federal law. This division does	35593
not apply to fireworks plants existing on or before August 3,	35594
1931.	35595

~~(I)~~(H) Awnings, tents, and canopies shall not be used as	35596
facilities for the sale or storage of fireworks. This division	35597
does not prohibit the use of an awning or canopy attached to a	35598
public access showroom for storing nonflammable shopping	35599
convenience items such as shopping carts or baskets or providing a	35600
shaded area for patrons waiting to enter the public sales area.	35601

~~(J)~~(I) Fireworks may be stored in trailers if the trailers	35602
are properly enclosed, secured, and grounded and are separated	35603
from any structure to which the public is admitted by a distance	35604
that will, in the fire marshal's judgment, allow fire-fighting	35605
equipment to have full access to the structures on the licensed	35606
premises. Such trailers may be moved into closer proximity to any	35607
structure only to accept or discharge cargo for a period not to	35608
exceed forty-eight hours. Only two such trailers may be placed in	35609
such closer proximity at any one time. At no time may trailers be	35610
used for conducting sales of any class of fireworks, nor may	35611
members of the public have access to the trailers.	35612

Storage areas for fireworks that are in the same building	35613
where fireworks are displayed and sold to the public shall be	35614
separated from the areas to which the public has access by an	35615
appropriately rated fire wall.	35616

~~(K)~~(J) A fire suppression system as defined in section	35617
3781.108 of the Revised Code may be turned off only for repair,	35618
drainage of the system to prevent damage by freezing during the	35619
period of time, approved by the fire marshal, that the facility is	35620
closed to all public access during winter months, or maintenance	35621
of the system. If any repair or maintenance is necessary during	35622
times when the facility is open for public access and business as	35623
approved by the fire marshal, the licensed manufacturer shall	35624
notify in advance the appropriate insurance company and fire chief	35625
or fire prevention officer regarding the nature of the maintenance	35626
or repair and the time when it will be performed.	35627

~~(L)~~(K) If any fireworks item is removed from its original	35628
package or is manufactured with any fuse other than a safety fuse	35629
approved by the consumer product safety commission, then the item	35630
shall be covered completely by repackaging or bagging or it shall	35631
otherwise be covered so as to prevent ignition prior to sale.	35632

~~(M)~~(L) A safety officer shall be present during regular	35633
business hours at a building open to the public during the period	35634
commencing fourteen days before, and ending two days after, each	35635
fourth day of July. The officer shall be highly visible, enforce	35636
this chapter and any applicable building codes to the extent the	35637
officer is authorized by law, and be one of the following:	35638

(1) A deputy sheriff;

35639

(2) A law enforcement officer of a municipal corporation,	35640
township, or township or joint township police district;	35641

(3) A private uniformed security guard registered under	35642
section 4749.06 of the Revised Code.	35643

~~(N)~~(M) All doors of all buildings on the licensed premises	35644
shall swing outward.	35645

~~(O)~~(N) All wholesale and commercial sales of fireworks shall	35646
be packaged, shipped, placarded, and transported in accordance	35647
with United States department of transportation regulations	35648
applicable to the transportation, and the offering for	35649
transportation, of hazardous materials. For purposes of this	35650
division, "wholesale and commercial sales" includes all sales for	35651
resale and any nonretail sale made in furtherance of a commercial	35652
enterprise. For purposes of enforcement of these regulations under	35653
section 4905.83 of the Revised Code, any sales transaction	35654
exceeding one thousand pounds shall be rebuttably presumed to be a	35655
wholesale or commercial sale.	35656

Sec. 3743.15. (A) Except as provided in division (C) of this	35657
section, any person who wishes to be a wholesaler of fireworks in	35658
this state shall submit to the fire marshal an application for	35659
licensure as a wholesaler of fireworks before the first day of	35660
October of each year. The application shall be submitted prior to	35661
commencement of business operations, shall be on a form prescribed	35662
by the fire marshal, shall contain all information requested by	35663
the fire marshal, and shall be accompanied by the license fee,	35664
fingerprints, and proof of insurance coverage described in	35665
division (B) of this section.	35666

The fire marshal shall prescribe a form for applications for	35667
licensure as a wholesaler of fireworks and make a copy of the form	35668
available, upon request, to persons who seek that licensure.	35669

(B) An applicant for licensure as a wholesaler of fireworks	35670
shall submit with the application all of the following:	35671

(1) A license fee of two thousand seven hundred fifty	35672
dollars, which the fire marshal shall use to pay for fireworks	35673
safety education, training programs, and inspections;. If the	35674
applicant has any storage locations approved in accordance with	35675
division (G) of section 3743.17 of the Revised Code, the applicant	35676
also shall submit a fee of one hundred dollars per storage	35677
location for the inspection of each storage location.	35678

(2) Proof of comprehensive general liability insurance	35679
coverage, specifically including fire and smoke casualty on	35680
premises, in an amount not less than one million dollars for each	35681
occurrence for bodily injury liability and wrongful death	35682
liability at its business location. Proof of such insurance	35683
coverage shall be submitted together with proof of coverage for	35684
products liability on all inventory located at the business	35685
location. All applicants shall submit evidence of comprehensive	35686
general liability insurance coverage verified by the insurer and	35687
certified as to its provision of the minimum coverage required	35688
under this division.	35689

(3) One complete set of the applicant's fingerprints and a	35690
complete set of fingerprints of any individual holding, owning, or	35691
controlling a five per cent or greater beneficial or equity	35692
interest in the applicant for the license.	35693

(C) A licensed manufacturer of fireworks is not required to	35694
apply for and obtain a wholesaler of fireworks license in order to	35695
engage in the wholesale sale of fireworks as authorized by	35696
division (C)(2) of section 3743.04 of the Revised Code. A business	35697
which is not a licensed manufacturer of fireworks may engage in	35698
the wholesale and retail sale of fireworks in the same manner as a	35699
licensed manufacturer of fireworks is authorized to do under this	35700
chapter without the necessity of applying for and obtaining a	35701
license pursuant to this section, but only if the business sells	35702
the fireworks on the premises of a fireworks plant covered by a	35703
license issued under section 3743.03 of the Revised Code and the	35704
holder of that license owns at least a majority interest in that	35705
business. However, if a licensed manufacturer of fireworks wishes	35706
to engage in the wholesale sale of fireworks in this state at a	35707
location other than the premises of the fireworks plant described	35708
in its application for licensure as a manufacturer or in a	35709
notification submitted under division (B) of section 3743.04 of	35710
the Revised Code, the manufacturer shall first apply for and	35711
obtain a wholesaler of fireworks license before engaging in	35712
wholesale sales of fireworks at the other location.	35713

(D) A separate application for licensure as a wholesaler of	35714
fireworks shall be submitted for each location at which a person	35715
wishes to engage in wholesale sales of fireworks.	35716

Sec. 3743.17. (A) The license of a wholesaler of fireworks	35717
is effective for one year beginning on the first day of December.	35718
The fire marshal shall issue or renew a license only on that date	35719
and at no other time. If a wholesaler of fireworks wishes to	35720
continue engaging in the wholesale sale of fireworks at the	35721
particular location after its then effective license expires, it	35722
shall apply not later than the first day of October for a new	35723
license pursuant to section 3743.15 of the Revised Code. The fire	35724
marshal shall send a written notice of the expiration of its	35725
license to a licensed wholesaler at least three months before the	35726
expiration date.	35727

(B) If, during the effective period of its licensure, a	35728
licensed wholesaler of fireworks wishes to perform any	35729
construction, or make any structural change or renovation, on the	35730
premises on which the fireworks are sold, the wholesaler shall	35731
notify the fire marshal in writing. The fire marshal may require a	35732
licensed wholesaler also to submit documentation, including, but	35733
not limited to, plans covering the proposed construction or	35734
structural change or renovation, if the fire marshal determines	35735
the documentation is necessary for evaluation purposes in light of	35736
the proposed construction or structural change or renovation.	35737

Upon receipt of the notification and additional documentation	35738
required by the fire marshal, the fire marshal shall inspect the	35739
premises on which the fireworks are sold to determine if the	35740
proposed construction or structural change or renovation conforms	35741
to sections 3743.15 to 3743.21 of the Revised Code and the rules	35742
adopted by the fire marshal pursuant to section 3743.18 of the	35743
Revised Code. The fire marshal shall issue a written authorization	35744
to the wholesaler for the construction or structural change or	35745
renovation if the fire marshal determines, upon the inspection and	35746
a review of submitted documentation, that the construction or	35747
structural change or renovation conforms to those sections and	35748
rules.	35749

(C) The license of a wholesaler of fireworks authorizes the	35750
wholesaler to engage only in the following activities:	35751

(1) Possess for sale at wholesale and sell at wholesale	35752
fireworks to persons who are licensed wholesalers of fireworks, to	35753
out-of-state residents in accordance with section 3743.44 of the	35754
Revised Code, to residents of this state in accordance with	35755
section 3743.45 of the Revised Code, or to persons located in	35756
another state provided the fireworks are shipped directly out of	35757
this state to them by the wholesaler. The possession for sale	35758
shall be at the location described in the application for	35759
licensure or in the notification submitted under division (B) of	35760
this section, and the sale shall be from the inside of a licensed	35761
building and from no structure or device outside a licensed	35762
building. At no time shall a licensed wholesaler sell any class of	35763
fireworks outside a licensed building.	35764

(2) Possess for sale at retail and sell at retail fireworks,	35765
other than 1.4G fireworks as designated by the fire marshal in	35766
rules adopted pursuant to division (A) of section 3743.05 of the	35767
Revised Code, to licensed exhibitors in accordance with sections	35768
3743.50 to 3743.55 of the Revised Code, and possess for sale at	35769
retail and sell at retail fireworks, including 1.4G fireworks, to	35770
out-of-state residents in accordance with section 3743.44 of the	35771
Revised Code, to residents of this state in accordance with	35772
section 3743.45 of the Revised Code, or to persons located in	35773
another state provided the fireworks are shipped directly out of	35774
this state to them by the wholesaler. The possession for sale	35775
shall be at the location described in the application for	35776
licensure or in the notification submitted under division (B) of	35777
this section, and the sale shall be from the inside of the	35778
licensed building and from no other structure or device outside	35779
this licensed building. At no time shall a licensed wholesaler	35780
sell any class of fireworks outside a licensed building.	35781

A licensed wholesaler of fireworks shall sell under division	35782
(C) of this section only fireworks that meet the standards set by	35783
the consumer product safety commission or by the American	35784
fireworks standard laboratories or that have received an EX number	35785
from the United States department of transportation.	35786

(D)~~(1)~~ The license of a wholesaler of fireworks shall be	35787
protected under glass and posted in a conspicuous place at the	35788
location described in the application for licensure or in the	35789
notification submitted under division (B) of this section. Except	35790
as otherwise provided in this ~~division~~section, the license is not	35791
transferable or assignable. A license may be transferred to	35792
another person for the same location for which the license was	35793
issued if the assets of the wholesaler are transferred to that	35794
person by inheritance or by a sale approved by the fire marshal.	35795
The license is subject to revocation in accordance with section	35796
3743.21 of the Revised Code.	35797

~~(2)~~(E) The fire marshal shall adopt rules for the expansion	35798
or contraction of a licensed premises and for the approval of an	35799
expansion or contraction. The boundaries of a licensed premises,	35800
including any geographic expansion or contraction of those	35801
boundaries, shall be approved by the fire marshal in accordance	35802
with rules the fire marshal adopts. If the licensed premises of a	35803
licensed wholesaler from which the wholesaler operates consists of	35804
more than one parcel of real estate, those parcels must be	35805
contiguous, unless an exception is allowed pursuant to division	35806
(G) of this section.	35807

(F)(1) Upon application by a licensed wholesaler of	35808
fireworks, a wholesaler license may be transferred from one	35809
geographic location to another within the same municipal	35810
corporation or within the unincorporated area of the same	35811
township, but only if all of the following apply:	35812

(a) The identity of the holder of the license remains the	35813
same in the new location.	35814

(b) The former location is closed prior to the opening of the	35815
new location and no fireworks business of any kind is conducted at	35816
the former location after the transfer of the license.	35817

(c) The new location has received a local certificate of	35818
zoning compliance and a local certificate of occupancy, and	35819
otherwise is in compliance with all local building regulations.	35820

(d) The transfer of the license is requested by the licensee	35821
because the existing facility poses an immediate hazard to the	35822
public.	35823

(e) ~~Any~~Every building or structure at the new location is	35824
~~situated no closer than one thousand feet to any property line or~~	35825
~~structure that does not belong to the licensee requesting the~~	35826
~~transfer, no closer than three hundred feet to any highway or~~	35827
~~railroad, no closer than one hundred feet to any building used for~~	35828
~~the storage of explosives or fireworks by the licensee, no closer~~	35829
~~than fifty feet to any factory building owned or used by the~~	35830
~~licensee, and no closer than two thousand feet to any building~~	35831
~~used for the sale, storage, or manufacturing of fireworks that~~	35832
~~does not belong to the licensee~~separated from occupied	35833
residential and nonresidential buildings or structures, railroads,	35834
highways, or any other buildings or structures located on the	35835
licensed premises in accordance with the distances specified in	35836
the rules adopted by the fire marshal pursuant to section 3743.18	35837
of the Revised Code. If the licensee fails to comply with the	35838
requirements of division ~~(D)(2)(e)~~(F)(1)(e) of this section by the	35839
licensee's own act, the license at the new location is forfeited.	35840

(f) Neither the licensee nor any person holding, owning, or	35841
controlling a five per cent or greater beneficial or equity	35842
interest in the licensee has been convicted of or has pleaded	35843
guilty to a felony under the laws of this state, any other state,	35844
or the United States after ~~the effective date of this amendment~~	35845
June 30, 1997.	35846

(g) The fire marshal approves the request for the transfer.

35847

(2) The new location shall comply with the requirements	35848
specified in divisions (A)(1) and (2) of section 3743.25 of the	35849
Revised Code whether or not the fireworks showroom at the new	35850
location is constructed, expanded, or first begins operating on	35851
and after ~~the effective date of this amendment~~June 30, 1997.	35852

~~(E)~~(G)(1) A licensed wholesaler may expand its licensed	35853
premises within this state to include not more than two storage	35854
locations that are located upon one or more real estate parcels	35855
that are noncontiguous to the licensed premises as that licensed	35856
premises exists on the date a licensee submits an application as	35857
described below, if all of the following apply:	35858

(a) The licensee submits an application to the fire marshal	35859
requesting the expansion and an application fee of one hundred	35860
dollars per storage location for which the licensee is requesting	35861
approval.	35862

(b) The identity of the holder of the license remains the	35863
same at the storage location.	35864

(c) The storage location has received a valid certificate of	35865
zoning compliance, as applicable, and a valid certificate of	35866
occupancy for each building or structure at the storage location	35867
issued by the authority having jurisdiction to issue the	35868
certificate for the storage location, and those certificates	35869
permit the distribution and storage of fireworks regulated under	35870
this chapter at the storage location and in the buildings or	35871
structures. The storage location shall be in compliance with all	35872
other applicable federal, state, and local laws and regulations.	35873

(d) Every building or structure located upon the storage	35874
location is separated from occupied residential and nonresidential	35875
buildings or structures, railroads, highways, and any other	35876
buildings or structures on the licensed premises in accordance	35877
with the distances specified in the rules adopted by the fire	35878
marshal pursuant to section 3743.18 of the Revised Code.	35879

(e) Neither the licensee nor any person holding, owning, or	35880
controlling a five per cent or greater beneficial or equity	35881
interest in the licensee has been convicted of or pleaded guilty	35882
to a felony under the laws of this state, any other state, or the	35883
United States, after the effective date of this amendment.	35884

(f) The fire marshal approves the application for expansion.

35885

(2) The fire marshal shall approve an application for	35886
expansion requested under division (G)(1) of this section if the	35887
fire marshal receives the application fee and proof that the	35888
requirements of divisions (G)(1)(b) to (e) of this section are	35889
satisfied. The storage location shall be considered part of the	35890
original licensed premises and shall use the same distinct number	35891
assigned to the original licensed premises with any additional	35892
designations as the fire marshal deems necessary in accordance	35893
with section 3743.16 of the Revised Code.	35894

(H)(1) A licensee who obtains approval for use of a storage	35895
location in accordance with division (G) of this section shall use	35896
the site exclusively for the following activities, in accordance	35897
with division (C)(1) of this section:	35898

(a) Packaging, assembling, or storing fireworks, which shall	35899
occur only in buildings approved for such hazardous uses by the	35900
building code official having jurisdiction for the storage	35901
location and shall be in accordance with the rules adopted by the	35902
fire marshal under division (B)(4) of section 3743.18 of the	35903
Revised Code for the packaging, assembling, and storage of	35904
fireworks.	35905

(b) Distributing fireworks to other parcels of real estate	35906
located on the wholesaler's licensed premises, to licensed	35907
manufacturers or other licensed wholesalers in this state or to	35908
similarly licensed persons located in another state or country;	35909

(c) Distributing fireworks to a licensed exhibitor of	35910
fireworks pursuant to a properly issued permit in accordance with	35911
section 3743.54 of the Revised Code.	35912

(2) A licensed wholesaler shall not engage in any sales	35913
activity, including the retail sale of fireworks otherwise	35914
permitted under division (C)(2) of this section or pursuant to	35915
section 3743.44 or 3743.45 of the Revised Code, at a storage	35916
location approved under this section.	35917

(I) A licensee shall prohibit public access to all storage	35918
locations it uses. The fire marshal shall adopt rules establishing	35919
acceptable measures a wholesaler shall use to prohibit access to	35920
storage sites.	35921

(J) The fire marshal shall not place the license of a	35922
wholesaler of fireworks in temporarily inactive status while the	35923
holder of the license is attempting to qualify to retain the	35924
license.	35925

~~(F)~~(K) Each licensed wholesaler of fireworks or a designee of	35926
the wholesaler, whose identity is provided to the fire marshal by	35927
the wholesaler, annually shall attend a continuing education	35928
program consisting of not less than eight hours of instruction.	35929
The fire marshal shall develop the program and the fire marshal or	35930
a person or public agency approved by the fire marshal shall	35931
conduct it. A licensed wholesaler or the wholesaler's designee who	35932
attends a program as required under this division, within one year	35933
after attending the program, shall conduct in-service training for	35934
other employees of the licensed wholesaler regarding the	35935
information obtained in the program. A licensed wholesaler shall	35936
provide the fire marshal with notice of the date, time, and place	35937
of all in-service training not less than thirty days prior to an	35938
in-service training event.	35939

~~(G)~~(L) A licensed wholesaler shall maintain comprehensive	35940
general liability insurance coverage in the amount and type	35941
specified under division (B)(2) of section 3743.15 of the Revised	35942
Code at all times. Each policy of insurance required under this	35943
division shall contain a provision requiring the insurer to give	35944
not less than fifteen days' prior written notice to the fire	35945
marshal before termination, lapse, or cancellation of the policy,	35946
or any change in the policy that reduces the coverage below the	35947
minimum required under this division. Prior to canceling or	35948
reducing the amount of coverage of any comprehensive general	35949
liability insurance coverage required under this division, a	35950
licensed wholesaler shall secure supplemental insurance in an	35951
amount and type that satisfies the requirements of this division	35952
so that no lapse in coverage occurs at any time. A licensed	35953
wholesaler who secures supplemental insurance shall file evidence	35954
of the supplemental insurance with the fire marshal prior to	35955
canceling or reducing the amount of coverage of any comprehensive	35956
general liability insurance coverage required under this division.	35957

Sec. 3743.18. (A) The fire marshal shall adopt rules pursuant	35958
to Chapter 119. of the Revised Code governing the storage of	35959
fireworks by and the business operations of licensed wholesalers	35960
of fireworks. These rules shall be designed to promote the safety	35961
and security of employees of wholesalers, members of the public,	35962
and the premises upon which fireworks are sold.	35963

(B) The rules shall be consistent with sections 3743.15 to	35964
3743.21 of the Revised Code, shall be substantially equivalent to	35965
the most recent versions of chapters 1123, 1124, and 1126 of the	35966
most recent national fire protection association standards, and	35967
shall apply to, but not be limited to, the following subject	35968
matters:	35969

~~(A)~~(1) Cleanliness and orderliness in, the heating, lighting,	35970
and use of stoves and flame-producing items in, smoking in, the	35971
prevention of fire and explosion in, the availability of fire	35972
extinguishers or other fire-fighting equipment and their use in,	35973
and emergency procedures relative to the buildings and other	35974
structures on a wholesaler's premises.;	35975

~~(B)~~(2) Appropriate uniforms to be worn by employees of	35976
wholesalers in the course of handling and storing of fireworks,	35977
and the use of protective clothing and equipment by the	35978
employees.;	35979

~~(C)~~(3) The manner in which fireworks are to be stored;

35980

(4) Required distances between buildings or structures used	35981
in the manufacturing, storage, or sale of fireworks and occupied	35982
residential and nonresidential buildings or structures, railroads,	35983
highways, or any additional buildings or structures on a licensed	35984
premises.	35985

(5) Requirements for the operation of storage locations,	35986
including packaging, assembling, and storage of fireworks.	35987

(C) Rules adopted pursuant to division (B)(4) of this section	35988
do not apply to buildings that were erected on or before May 30,	35989
1986, and that were legally being used for fireworks activities	35990
under authority of a valid license issued by the fire marshal as	35991
of December 1, 1990, pursuant to sections 3743.16 and 3743.17 of	35992
the Revised Code.	35993

Sec. 3743.19. In addition to conforming to the rules of the	35994
fire marshal adopted pursuant to section 3743.18 of the Revised	35995
Code, licensed wholesalers of fireworks shall conduct their	35996
business operations in accordance with the following:	35997

(A) A wholesaler shall conduct its business operations from	35998
the location described in its application for licensure or in a	35999
notification submitted under division (B) of section 3743.17 of	36000
the Revised Code.	36001

(B) Signs indicating that smoking is generally forbidden and	36002
trespassing is prohibited on the premises of a wholesaler shall be	36003
posted on the premises as determined by the fire marshal.	36004

(C) Reasonable precautions shall be taken to protect the	36005
premises of a wholesaler from trespass, loss, theft, or	36006
destruction.	36007

(D) Smoking or the carrying of pipes, cigarettes, or cigars,	36008
matches, lighters, other flame-producing items, or open flame on,	36009
or the carrying of a concealed source of ignition into, the	36010
premises of a wholesaler is prohibited, except that a wholesaler	36011
may permit smoking in specified lunchrooms or restrooms in	36012
buildings or other structures in which no sales, handling, or	36013
storage of fireworks takes place. "NO SMOKING" signs shall be	36014
posted on the premises as required by the fire marshal.	36015

(E) Fire and explosion prevention and other reasonable safety	36016
measures and precautions shall be implemented by a wholesaler.	36017

(F) Persons shall not be permitted to have in their	36018
possession or under their control, while they are on the premises	36019
of a wholesaler, any intoxicating liquor, beer, or controlled	36020
substance, and they shall not be permitted to enter or remain on	36021
the premises if they are found to be under the influence of any	36022
intoxicating liquor, beer, or controlled substance.	36023

(G) A wholesaler shall conform to all building, safety, and	36024
zoning statutes, ordinances, rules, or other enactments that apply	36025
to its premises.	36026

(H) ~~No building used in the storage or sale of fireworks~~	36027
~~shall be situated nearer than one thousand feet to any structure~~	36028
~~that is not located on the property of and that does not belong to~~	36029
~~the licensed fireworks wholesaler, nearer than three hundred feet~~	36030
~~to any highway or railroad, or nearer than one hundred feet to any~~	36031
~~building used for the storage of explosives or fireworks. This~~	36032
~~division does not apply to buildings that were erected on or~~	36033
~~before May 30, 1986, and that were legally being used for~~	36034
~~fireworks activities under authority of a valid license issued by~~	36035
~~the fire marshal as of December 1, 1990, pursuant to sections~~	36036
~~3743.16 and 3743.17 of the Revised Code.~~	36037

~~(I)~~ Each building used in the sale of fireworks shall be kept	36038
open to the public for at least four hours each day between the	36039
hours of eight a.m. and five p.m., five days of each week, every	36040
week of the year. Upon application from a licensed wholesaler, the	36041
fire marshal may waive any of the requirements of this division.	36042

~~(J)~~(I) Awnings, tents, or canopies shall not be used as	36043
facilities for the storage or sale of fireworks. This division	36044
does not prohibit the use of an awning or canopy attached to a	36045
public access showroom for storing nonflammable shopping	36046
convenience items such as shopping carts or baskets or providing a	36047
shaded area for patrons waiting to enter the public sales area.	36048

~~(K)~~(J) Fireworks may be stored in trailers if the trailers	36049
are properly enclosed, secured, and grounded and are separated	36050
from any structure to which the public is admitted by a distance	36051
that will, in the fire marshal's judgment, allow fire-fighting	36052
equipment to have full access to the structures on the licensed	36053
premises. Such trailers may be moved into closer proximity to any	36054
structure only to accept or discharge cargo for a period not to	36055
exceed forty-eight hours. Only two such trailers may be placed in	36056
such closer proximity at any one time. At no time may trailers be	36057
used for conducting sales of any class of fireworks nor may	36058
members of the public have access to the trailers.	36059

Storage areas for fireworks that are in the same building	36060
where fireworks are displayed and sold to the public shall be	36061
separated from the areas to which the public has access by an	36062
appropriately rated fire wall.	36063

~~(L)~~(K) A fire suppression system as defined in section	36064
3781.108 of the Revised Code may be turned off only for repair,	36065
drainage of the system to prevent damage by freezing during the	36066
period of time, approved by the fire marshal under division (I) of	36067
this section, that the facility is closed to public access during	36068
winter months, or maintenance of the system. If any repair or	36069
maintenance is necessary during times when the facility is open	36070
for public access and business, the licensed wholesaler shall	36071
notify in advance the appropriate insurance company and fire chief	36072
or fire prevention officer regarding the nature of the maintenance	36073
or repair and the time when it will be performed.	36074

~~(M)~~(L) If any fireworks item is removed from its original	36075
package or is manufactured with any fuse other than a fuse	36076
approved by the consumer product safety commission, then the item	36077
shall be covered completely by repackaging or bagging or it shall	36078
otherwise be covered so as to prevent ignition prior to sale.	36079

~~(N)~~(M) A safety officer shall be present during regular	36080
business hours at a building open to the public during the period	36081
commencing fourteen days before, and ending two days after, each	36082
fourth day of July. The officer shall be highly visible, enforce	36083
this chapter and any applicable building codes to the extent the	36084
officer is authorized by law, and be one of the following:	36085

(1) A deputy sheriff;

36086

(2) A law enforcement officer of a municipal corporation,	36087
township, or township or joint township police district;	36088

(3) A private uniformed security guard registered under	36089
section 4749.06 of the Revised Code.	36090

~~(O)~~(N) All doors of all buildings on the licensed premises	36091
shall swing outward.	36092

~~(P)~~(O) All wholesale and commercial sales of fireworks shall	36093
be packaged, shipped, placarded, and transported in accordance	36094
with United States department of transportation regulations	36095
applicable to the transportation, and the offering for	36096
transportation, of hazardous materials. For purposes of this	36097
division, "wholesale and commercial sales" includes all sales for	36098
resale and any nonretail sale made in furtherance of a commercial	36099
enterprise. For purposes of enforcement of these regulations under	36100
section 4905.83 of the Revised Code, any sales transaction	36101
exceeding one thousand pounds shall be rebuttably presumed to be a	36102
wholesale or commercial sale.	36103

Sec. 3743.57. (A) All fees collected by the fire marshal for	36104
licenses or permits issued pursuant to this chapter shall be	36105
deposited into the state fire marshal's fund, and interest earned	36106
on the amounts in the fund shall be credited by the treasurer of	36107
state to the fund.	36108

(B) ~~There is hereby established in the state treasury the~~	36109
~~fire marshal's fireworks training and education fund. The fire~~	36110
~~marshal shall deposit all assessments paid under this division~~	36111
~~into the state treasury to the credit of the fund. Each fireworks~~	36112
~~manufacturer and fireworks wholesaler licensed under this chapter~~	36113
~~shall pay assessments to the fire marshal for deposit into the~~	36114
~~fund as required by this division.~~	36115

~~The fire marshal shall impose an initial assessment upon each~~	36116
~~licensed fireworks manufacturer and wholesaler in order to~~	36117
~~establish a fund balance of fifteen thousand dollars. The fund~~	36118
~~balance shall at no time exceed fifteen thousand dollars, and the~~	36119
~~fire marshal shall impose no further assessments unless the fund~~	36120
~~balance is reduced to five thousand dollars or less. If the fund~~	36121
~~balance is reduced to five thousand dollars or less, the fire~~	36122
~~marshal shall impose an additional assessment upon each licensed~~	36123
~~fireworks manufacturer and wholesaler in order to increase the~~	36124
~~fund balance to fifteen thousand dollars. The fire marshal shall~~	36125
~~determine the amount of the initial assessment on each~~	36126
~~manufacturer or wholesaler and each additional assessment by~~	36127
~~dividing the total amount needed to be paid into the fund by the~~	36128
~~total number of fireworks manufacturers and wholesalers licensed~~	36129
~~under this chapter. If a licensed fireworks manufacturer or~~	36130
~~wholesaler fails to pay an assessment required by this division~~	36131
~~within thirty days after receiving notice of the assessment, the~~	36132
~~fire marshal, in accordance with Chapter 119. of the Revised Code,~~	36133
~~may refuse to issue, or may revoke, the appropriate license.~~	36134

The fire marshal shall in the fire marshal's discretion use	36135
amounts in the state fire marshal's fund for fireworks training	36136
and education purposes, including, but not limited to, the	36137
creation of educational and training programs, attendance by the	36138
fire marshal and the fire marshal's employees at conferences and	36139
seminars, the payment of travel and meal expenses associated with	36140
such attendance, participation by the fire marshal and the fire	36141
marshal's employees in committee meetings and other meetings	36142
related to pyrotechnic codes, and the payment of travel and meal	36143
expenses associated with such participation. The use of the fund	36144
shall comply with rules of the department of commerce, policies	36145
and procedures established by the director of budget and	36146
management, and all other applicable laws.	36147

Sec. 3743.59. (A) Upon application by an affected party, the	36148
fire marshal may grant variances from the requirements of this	36149
chapter or from the requirements of rules adopted pursuant to this	36150
chapter if the fire marshal determines that a literal enforcement	36151
of the requirement will result in ~~unnecessary hardship~~practical	36152
difficulty in complying with the requirements of this chapter or	36153
the rules adopted pursuant to this chapter and that the variance	36154
will not be contrary to the public health, safety, or welfare. A	36155
variance shall not be granted to a person who is initially	36156
licensed as a manufacturer or wholesaler of fireworks after June	36157
14, 1988.	36158

(B) The fire marshal may authorize a variance from the	36159
prohibitions in this chapter against the possession and use of	36160
pyrotechnic compounds to a person who submits proof that the	36161
person is certified and in good standing with the Ohio state board	36162
of education, provided that the pyrotechnic compounds are used for	36163
educational purposes only, or are used only at an authorized	36164
educational function approved by the governing board that	36165
exercises authority over the educational function.	36166

(C) The fire marshal may authorize a variance from the	36167
prohibitions in this chapter against the possession and use of	36168
pyrotechnic compounds to a person who possesses and uses the	36169
pyrotechnic compounds for personal and noncommercial purposes as a	36170
hobby. The fire marshal may rescind a variance authorized under	36171
this division at any time, exclusively at the fire marshal's	36172
discretion.	36173

Sec. 3743.65. (A) No person shall possess fireworks in this	36174
state or shall possess for sale or sell fireworks in this state,	36175
except a licensed manufacturer of fireworks as authorized by	36176
sections 3743.02 to 3743.08 of the Revised Code, a licensed	36177
wholesaler of fireworks as authorized by sections 3743.15 to	36178
3743.21 of the Revised Code, a shipping permit holder as	36179
authorized by section 3743.40 of the Revised Code, an out-of-state	36180
resident as authorized by section 3743.44 of the Revised Code, a	36181
resident of this state as authorized by section 3743.45 of the	36182
Revised Code, or a licensed exhibitor of fireworks as authorized	36183
by sections 3743.50 to 3743.55 of the Revised Code, and except as	36184
provided in section 3743.80 of the Revised Code.	36185

(B) Except as provided in section 3743.80 of the Revised Code	36186
and except for licensed exhibitors of fireworks authorized to	36187
conduct a fireworks exhibition pursuant to sections 3743.50 to	36188
3743.55 of the Revised Code, no person shall discharge, ignite, or	36189
explode any fireworks in this state.	36190

(C) No person shall use in a theater or public hall, what is	36191
technically known as fireworks showers, or a mixture containing	36192
potassium chlorate and sulphur.	36193

(D) No person shall sell fireworks of any kind to a person	36194
under eighteen years of age.	36195

(E) No person shall advertise 1.4G fireworks for sale. A sign	36196
located on a seller's premises identifying the seller as a seller	36197
of fireworks is not the advertising of fireworks for sale.	36198

(F) No person, other than a licensed manufacturer, licensed	36199
wholesaler, licensed exhibitor, or shipping permit holder, shall	36200
possess 1.3G fireworks in this state.	36201

(G) Except as otherwise provided in division ~~(K)~~(J) of	36202
section 3743.06 and division ~~(L)~~(K) of section 3743.19 of the	36203
Revised Code, no person shall knowingly disable a fire suppression	36204
system as defined in section 3781.108 of the Revised Code on the	36205
premises of a fireworks plant of a licensed manufacturer of	36206
fireworks or on the premises of the business operations of a	36207
licensed wholesaler of fireworks.	36208

Sec. 3743.75. (A) During the period beginning on June 29,	36209
2001, and ending on December 15, 2008, the state fire marshal	36210
shall not do any of the following:	36211

(1) Issue a license as a manufacturer of fireworks under	36212
sections 3743.02 and 3743.03 of the Revised Code to a person for a	36213
particular fireworks plant unless that person possessed such a	36214
license for that fireworks plant immediately prior to June 29,	36215
2001;	36216

(2) Issue a license as a wholesaler of fireworks under	36217
sections 3743.15 and 3743.16 of the Revised Code to a person for a	36218
particular location unless that person possessed such a license	36219
for that location immediately prior to June 29, 2001;	36220

(3) Except as provided in division (B) of this section,	36221
approve the geographic transfer of a license as a manufacturer or	36222
wholesaler of fireworks issued under this chapter to any location	36223
other than a location for which a license was issued under this	36224
chapter immediately prior to June 29, 2001.	36225

(B) Division (A)(3) of this section does not apply to a	36226
transfer that the state fire marshal approves under division	36227
~~(D)(2)~~(F) of section 3743.17 of the Revised Code. ~~Section~~	36228

(C) Notwithstanding section 3743.59 of the Revised Code ~~does~~	36229
~~not apply to this section~~, the prohibited activities established	36230
in divisions (A)(1) and (2) of this section, geographic transfers	36231
approved pursuant to division (F) of section 3743.17 of the	36232
Revised Code, and storage locations allowed pursuant to division	36233
(I) of section 3743.04 of the Revised Code or division (G) of	36234
section 3743.17 of the Revised Code are not subject to any	36235
variance, waiver, or exclusion.	36236

(D) As used in division (A) of this section:

36237

(1) "Person" includes any person or entity, in whatever form	36238
or name, that acquires possession of a manufacturer or wholesaler	36239
of fireworks license issued pursuant to this chapter by transfer	36240
of possession of a license, whether that transfer occurs by	36241
purchase, assignment, inheritance, bequest, stock transfer, or any	36242
other type of transfer, on the condition that the transfer is in	36243
accordance with division (D) of section 3743.04 of the Revised	36244
Code or division (D) of section 3743.17 of the Revised Code and is	36245
approved by the fire marshal.	36246

(2) "Particular location" includes a licensed premises and,	36247
regardless of when approved, any storage location approved in	36248
accordance with section 3743.04 or 3743.17 of the Revised Code.	36249

Sec. 3745.015. There is hereby created in the state treasury	36250
the environmental protection fund consisting of money credited to	36251
the fund under division (A)(3) of section 3734.57 of the Revised	36252
Code. The environmental protection agency shall use money in the	36253
fund to pay the agency's costs associated with administering and	36254
enforcing, or otherwise conducting activities under, this chapter	36255
and Chapters 3704., 3734., 3746., 3747., 3748., 3750., 3751.,	36256
3752., 3753., 5709., 6101., 6103., 6105., 6109., 6111., 6112.,	36257
6113., 6115., 6117., and 6119. and sections 122.65 and 1521.19 of	36258
the Revised Code.	36259

Sec. 3745.11. (A) Applicants for and holders of permits,	36260
licenses, variances, plan approvals, and certifications issued by	36261
the director of environmental protection pursuant to Chapters	36262
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	36263
to the environmental protection agency for each such issuance and	36264
each application for an issuance as provided by this section. No	36265
fee shall be charged for any issuance for which no application has	36266
been submitted to the director.	36267

(B) Each person who is issued a permit to install prior to	36268
July 1, 2003, pursuant to rules adopted under division (F) of	36269
section 3704.03 of the Revised Code shall pay the fees specified	36270
in the following schedules:	36271

(1) ~~Fuel-Burning Equipment~~Fuel-burning equipment (boilers)

36272

Input capacity (maximum)					36273
(million British thermal units per hour)		Permit to install			36274

Greater than 0, but less than 10	$ 200	36275
10 or more, but less than 100	400	36276
100 or more, but less than 300	800	36277
300 or more, but less than 500	1500	36278
500 or more, but less than 1000	2500	36279
1000 or more, but less than 5000	4000	36280
5000 or more	6000	36281

Units burning exclusively natural gas, number two fuel oil,	36282
or both shall be assessed a fee that is one-half of the applicable	36283
amount established in division (F)(1) of this section.	36284

(2) Incinerators

36285

Input capacity (pounds per hour)

Permit to install

36286

0 to 100	$ 100	36287
101 to 500	400	36288
501 to 2000	750	36289
2001 to 20,000	1000	36290
more than 20,000	2500	36291

(3)(a) Process

36292

Process weight rate (pounds per hour)

Permit to install

36293

0 to 1000	$ 200	36294
1001 to 5000	400	36295
5001 to 10,000	600	36296
10,001 to 50,000	800	36297
more than 50,000	1000	36298

In any process where process weight rate cannot be	36299
ascertained, the minimum fee shall be assessed.	36300

(b) Notwithstanding division (B)(3)(a) of this section, any	36301
person issued a permit to install pursuant to rules adopted under	36302
division (F) of section 3704.03 of the Revised Code shall pay the	36303
fees established in division (B)(3)(c) of this section for a	36304
process used in any of the following industries, as identified by	36305
the applicable four-digit standard industrial classification code	36306
according to the Standard Industrial Classification Manual	36307
published by the United States office of management and budget in	36308
the executive office of the president, 1972, as revised:	36309

1211 Bituminous coal and lignite mining;

36310

1213 Bituminous coal and lignite mining services;

36311

1411 Dimension stone;

36312

1422 Crushed and broken limestone;

36313

1427 Crushed and broken stone, not elsewhere classified;

36314

1442 Construction sand and gravel;

36315

1446 Industrial sand;

36316

3281 Cut stone and stone products;

36317

3295 Minerals and earth, ground or otherwise treated.

36318

(c) The fees established in the following schedule apply to	36319
the issuance of a permit to install pursuant to rules adopted	36320
under division (F) of section 3704.03 of the Revised Code for a	36321
process listed in division (B)(3)(b) of this section:	36322

Process weight rate (pounds per hour)

Permit to install

36323

0 to 1000	$ 200	36324
10,001 to 50,000	300	36325
50,001 to 100,000	400	36326
100,001 to 200,000	500	36327
200,001 to 400,000	600	36328
400,001 or more	700	36329

(4) Storage tanks

36330

Gallons (maximum useful capacity)

Permit to install

36331

0 to 20,000	$ 100	36332
20,001 to 40,000	150	36333
40,001 to 100,000	200	36334
100,001 to 250,000	250	36335
250,001 to 500,000	350	36336
500,001 to 1,000,000	500	36337
1,000,001 or greater	750	36338

(5) Gasoline/fuel dispensing facilities

36339

For each gasoline/fuel dispensing		Permit to install			36340
facility		$ 100			36341

(6) Dry cleaning facilities

36342

For each dry cleaning facility		Permit to install			36343
(includes all units at the facility)		$ 100			36344

(7) Registration status

36345

For each source covered		Permit to install			36346
by registration status		$ 75			36347

(C)(1) Except as otherwise provided in division (C)(2) of	36348
this section, beginning July 1, 1994, each person who owns or	36349
operates an air contaminant source and who is required to apply	36350
for and obtain a Title V permit under section 3704.036 of the	36351
Revised Code shall pay the fees set forth in division (C)(1) of	36352
this section. For the purposes of that division, total emissions	36353
of air contaminants may be calculated using engineering	36354
calculations, emissions factors, material balance calculations, or	36355
performance testing procedures, as authorized by the director.	36356

The following fees shall be assessed on the total actual	36357
emissions from a source in tons per year of the regulated	36358
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	36359
organic compounds, and lead:	36360

(a) Fifteen dollars per ton on the total actual emissions of	36361
each such regulated pollutant during the period July through	36362
December 1993, to be collected no sooner than July 1, 1994;	36363

(b) Twenty dollars per ton on the total actual emissions of	36364
each such regulated pollutant during calendar year 1994, to be	36365
collected no sooner than April 15, 1995;	36366

(c) Twenty-five dollars per ton on the total actual emissions	36367
of each such regulated pollutant in calendar year 1995, and each	36368
subsequent calendar year, to be collected no sooner than the	36369
fifteenth day of April of the year next succeeding the calendar	36370
year in which the emissions occurred.	36371

The fees levied under division (C)(1) of this section do not	36372
apply to that portion of the emissions of a regulated pollutant at	36373
a facility that exceed four thousand tons during a calendar year.	36374

(2) The fees assessed under division (C)(1) of this section	36375
are for the purpose of providing funding for the Title V permit	36376
program.	36377

(3) The fees assessed under division (C)(1) of this section	36378
do not apply to emissions from any electric generating unit	36379
designated as a Phase I unit under Title IV of the federal Clean	36380
Air Act prior to calendar year 2000. Those fees shall be assessed	36381
on the emissions from such a generating unit commencing in	36382
calendar year 2001 based upon the total actual emissions from the	36383
generating unit during calendar year 2000 and shall continue to be	36384
assessed each subsequent calendar year based on the total actual	36385
emissions from the generating unit during the preceding calendar	36386
year.	36387

(4) The director shall issue invoices to owners or operators	36388
of air contaminant sources who are required to pay a fee assessed	36389
under division (C) or (D) of this section. Any such invoice shall	36390
be issued no sooner than the applicable date when the fee first	36391
may be collected in a year under the applicable division, shall	36392
identify the nature and amount of the fee assessed, and shall	36393
indicate that the fee is required to be paid within thirty days	36394
after the issuance of the invoice.	36395

(D)(1) Except as provided in division (D)(3) of this section,	36396
from January 1, 1994, through December 31, 2003, each person who	36397
owns or operates an air contaminant source; who is required to	36398
apply for a permit to operate pursuant to rules adopted under	36399
division (G), or a variance pursuant to division (H), of section	36400
3704.03 of the Revised Code; and who is not required to apply for	36401
and obtain a Title V permit under section 3704.036 of the Revised	36402
Code shall pay a single fee based upon the sum of the actual	36403
annual emissions from the facility of the regulated pollutants	36404
particulate matter, sulfur dioxide, nitrogen oxides, organic	36405
compounds, and lead in accordance with the following schedule:	36406

Total tons per year		36407
of regulated pollutants	Annual fee	36408
emitted	per facility	36409
More than 0, but less than 50	$ 75	36410
50 or more, but less than 100	300	36411
100 or more	700	36412

(2) Except as provided in division (D)(3) of this section,	36413
beginning January 1, 2004, each person who owns or operates an air	36414
contaminant source; who is required to apply for a permit to	36415
operate pursuant to rules adopted under division (G), or a	36416
variance pursuant to division (H), of section 3704.03 of the	36417
Revised Code; and who is not required to apply for and obtain a	36418
Title V permit under section 3704.03 of the Revised Code shall pay	36419
a single fee based upon the sum of the actual annual emissions	36420
from the facility of the regulated pollutants particulate matter,	36421
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	36422
accordance with the following schedule:	36423

Total tons per year		36424
of regulated pollutants	Annual fee	36425
emitted	per facility	36426
More than 0, but less than 10	$ 100	36427
10 or more, but less than 50	200	36428
50 or more, but less than 100	300	36429
100 or more	700	36430

(3)(a) As used in division (D) of this section, "synthetic	36431
minor facility" means a facility for which one or more permits to	36432
install or permits to operate have been issued for the air	36433
contaminant sources at the facility that include terms and	36434
conditions that lower the facility's potential to emit air	36435
contaminants below the major source thresholds established in	36436
rules adopted under section 3704.036 of the Revised Code.	36437

(b) Beginning January 1, 2000, through June 30, ~~2006~~2008,	36438
each person who owns or operates a synthetic minor facility shall	36439
pay an annual fee based on the sum of the actual annual emissions	36440
from the facility of particulate matter, sulfur dioxide, nitrogen	36441
dioxide, organic compounds, and lead in accordance with the	36442
following schedule:	36443

Combined total tons		36444
per year of all regulated	Annual fee	36445
pollutants emitted	per facility	36446

Less than 10	$ 170	36447
10 or more, but less than 20	340	36448
20 or more, but less than 30	670	36449
30 or more, but less than 40	1,010	36450
40 or more, but less than 50	1,340	36451
50 or more, but less than 60	1,680	36452
60 or more, but less than 70	2,010	36453
70 or more, but less than 80	2,350	36454
80 or more, but less than 90	2,680	36455
90 or more, but less than 100	3,020	36456
100 or more	3,350	36457

(4) The fees assessed under division (D)(1) of this section	36458
shall be collected annually no sooner than the fifteenth day of	36459
April, commencing in 1995. The fees assessed under division (D)(2)	36460
of this section shall be collected annually no sooner than the	36461
fifteenth day of April, commencing in 2005. The fees assessed	36462
under division (D)(3) of this section shall be collected no sooner	36463
than the fifteenth day of April, commencing in 2000. The fees	36464
assessed under division (D) of this section in a calendar year	36465
shall be based upon the sum of the actual emissions of those	36466
regulated pollutants during the preceding calendar year. For the	36467
purpose of division (D) of this section, emissions of air	36468
contaminants may be calculated using engineering calculations,	36469
emission factors, material balance calculations, or performance	36470
testing procedures, as authorized by the director. The director,	36471
by rule, may require persons who are required to pay the fees	36472
assessed under division (D) of this section to pay those fees	36473
biennially rather than annually.	36474

(E)(1) Consistent with the need to cover the reasonable costs	36475
of the Title V permit program, the director annually shall	36476
increase the fees prescribed in division (C)(1) of this section by	36477
the percentage, if any, by which the consumer price index for the	36478
most recent calendar year ending before the beginning of a year	36479
exceeds the consumer price index for calendar year 1989. Upon	36480
calculating an increase in fees authorized by division (E)(1) of	36481
this section, the director shall compile revised fee schedules for	36482
the purposes of division (C)(1) of this section and shall make the	36483
revised schedules available to persons required to pay the fees	36484
assessed under that division and to the public.	36485

(2) For the purposes of division (E)(1) of this section:

36486

(a) The consumer price index for any year is the average of	36487
the consumer price index for all urban consumers published by the	36488
United States department of labor as of the close of the	36489
twelve-month period ending on the thirty-first day of August of	36490
that year.	36491

(b) If the 1989 consumer price index is revised, the director	36492
shall use the revision of the consumer price index that is most	36493
consistent with that for calendar year 1989.	36494

(F) Each person who is issued a permit to install pursuant to	36495
rules adopted under division (F) of section 3704.03 of the Revised	36496
Code on or after July 1, 2003, shall pay the fees specified in the	36497
following schedules:	36498

(1) Fuel-burning equipment (boilers, furnaces, or process	36499
heaters used in the process of burning fuel for the primary	36500
purpose of producing heat or power by indirect heat transfer)	36501

Input capacity (maximum)		36502
(million British thermal units per hour)	Permit to install	36503
Greater than 0, but less than 10	$ 200	36504
10 or more, but less than 100	400	36505
100 or more, but less than 300	1000	36506
300 or more, but less than 500	2250	36507
500 or more, but less than 1000	3750	36508
1000 or more, but less than 5000	6000	36509
5000 or more	9000	36510

Units burning exclusively natural gas, number two fuel oil,	36511
or both shall be assessed a fee that is one-half the applicable	36512
amount shown in division (F)(1) of this section.	36513

(2) Combustion turbines and stationary internal combustion	36514
engines designed to generate electricity	36515

Generating capacity (mega watts)	Permit to install	36516
0 or more, but less than 10	$ 25	36517
10 or more, but less than 25	150	36518
25 or more, but less than 50	300	36519
50 or more, but less than 100	500	36520
100 or more, but less than 250	1000	36521
250 or more	2000	36522

(3) Incinerators

36523

Input capacity (pounds per hour)	Permit to install	36524
0 to 100	$ 100	36525
101 to 500	500	36526
501 to 2000	1000	36527
2001 to 20,000	1500	36528
more than 20,000	3750	36529

(4)(a) Process

36530

Process weight rate (pounds per hour)	Permit to install	36531
0 to 1000	$ 200	36532
1001 to 5000	500	36533
5001 to 10,000	750	36534
10,001 to 50,000	1000	36535
more than 50,000	1250	36536

In any process where process weight rate cannot be	36537
ascertained, the minimum fee shall be assessed. A boiler, furnace,	36538
combustion turbine, stationary internal combustion engine, or	36539
process heater designed to provide direct heat or power to a	36540
process not designed to generate electricity shall be assessed a	36541
fee established in division (F)(4)(a) of this section. A	36542
combustion turbine or stationary internal combustion engine	36543
designed to generate electricity shall be assessed a fee	36544
established in division (F)(2) of this section.	36545

(b) Notwithstanding division (F)~~(3)~~(4)(a) of this section,	36546
any person issued a permit to install pursuant to rules adopted	36547
under division (F) of section 3704.03 of the Revised Code shall	36548
pay the fees set forth in division (F)~~(3)~~(4)(c) of this section	36549
for a process used in any of the following industries, as	36550
identified by the applicable two-digit, three-digit, or four-digit	36551
standard industrial classification code according to the Standard	36552
Industrial Classification Manual published by the United States	36553
office of management and budget in the executive office of the	36554
president, ~~1972~~1987, as revised:	36555

~~1211 Bituminous coal and lignite mining;~~

36556

~~1213 Bituminous coal and lignite mining services;~~

36557

~~1411 Dimension stone;~~

36558

~~1422 Crushed and broken limestone;~~

36559

~~1427 Crushed and broken stone, not elsewhere classified;~~

36560

~~1442 Construction sand and gravel;~~

36561

~~1446 Industrial sand;~~Major group 10, metal mining;

36562

Major group 12, coal mining;

36563

Major group 14, mining and quarrying of nonmetallic minerals;

36564

Industry group 204, grain mill products;

36565

2873 Nitrogen fertilizers;

36566

2874 Phosphatic fertilizers;

36567

3281 Cut stone and stone products;

36568

3295 Minerals and earth, ground or otherwise treated;

36569

4221 Grain elevators (storage only);

36570

5159 Farm related raw materials;

36571

5261 Retail nurseries and lawn and garden supply stores.

36572

(c) The fees set forth in the following schedule apply to the	36573
issuance of a permit to install pursuant to rules adopted under	36574
division (F) of section 3704.03 of the Revised Code for a process	36575
identified in division (F)~~(3)~~(4)(b) of this section:	36576

Process weight rate (pounds per hour)	Permit to install	36577
0 to 10,000	$ 200	36578
10,001 to 50,000	400	36579
50,001 to 100,000	500	36580
100,001 to 200,000	600	36581
200,001 to 400,000	750	36582
400,001 or more	900	36583

(5) Storage tanks

36584

Gallons (maximum useful capacity)	Permit to install	36585
0 to 20,000	$ 100	36586
20,001 to 40,000	150	36587
40,001 to 100,000	250	36588
100,001 to 500,000	400	36589
500,001 or greater	750	36590

(6) Gasoline/fuel dispensing facilities

36591

For each gasoline/fuel		36592
dispensing facility (includes all	Permit to install	36593
units at the facility)	$ 100	36594

(7) Dry cleaning facilities

36595

For each dry cleaning		36596
facility (includes all units	Permit to install	36597
at the facility)	$ 100	36598

(8) Registration status

36599

For each source covered			Permit to install			36600
by registration status			$ 75			36601

(G) An owner or operator who is responsible for an asbestos	36602
demolition or renovation project pursuant to rules adopted under	36603
section 3704.03 of the Revised Code shall pay the fees set forth	36604
in the following schedule:	36605

Action	Fee	36606
Each notification	$75	36607
Asbestos removal	$3/unit	36608
Asbestos cleanup	$4/cubic yard	36609

For purposes of this division, "unit" means any combination of	36610
linear feet or square feet equal to fifty.	36611

(H) A person who is issued an extension of time for a permit	36612
to install an air contaminant source pursuant to rules adopted	36613
under division (F) of section 3704.03 of the Revised Code shall	36614
pay a fee equal to one-half the fee originally assessed for the	36615
permit to install under this section, except that the fee for such	36616
an extension shall not exceed two hundred dollars.	36617

(I) A person who is issued a modification to a permit to	36618
install an air contaminant source pursuant to rules adopted under	36619
section 3704.03 of the Revised Code shall pay a fee equal to	36620
one-half of the fee that would be assessed under this section to	36621
obtain a permit to install the source. The fee assessed by this	36622
division only applies to modifications that are initiated by the	36623
owner or operator of the source and shall not exceed two thousand	36624
dollars.	36625

(J) Notwithstanding division (B) or (F) of this section, a	36626
person who applies for or obtains a permit to install pursuant to	36627
rules adopted under division (F) of section 3704.03 of the Revised	36628
Code after the date actual construction of the source began shall	36629
pay a fee for the permit to install that is equal to twice the fee	36630
that otherwise would be assessed under the applicable division	36631
unless the applicant received authorization to begin construction	36632
under division (W) of section 3704.03 of the Revised Code. This	36633
division only applies to sources for which actual construction of	36634
the source begins on or after July 1, 1993. The imposition or	36635
payment of the fee established in this division does not preclude	36636
the director from taking any administrative or judicial	36637
enforcement action under this chapter, Chapter 3704., 3714.,	36638
3734., or 6111. of the Revised Code, or a rule adopted under any	36639
of them, in connection with a violation of rules adopted under	36640
division (F) of section 3704.03 of the Revised Code.	36641

As used in this division, "actual construction of the source"	36642
means the initiation of physical on-site construction activities	36643
in connection with improvements to the source that are permanent	36644
in nature, including, without limitation, the installation of	36645
building supports and foundations and the laying of underground	36646
pipework.	36647

(K) Fifty cents per ton of each fee assessed under division	36648
(C) of this section on actual emissions from a source and received	36649
by the environmental protection agency pursuant to that division	36650
shall be deposited into the state treasury to the credit of the	36651
small business assistance fund created in section 3706.19 of the	36652
Revised Code. The remainder of the moneys received by the division	36653
pursuant to that division and moneys received by the agency	36654
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	36655
section shall be deposited in the state treasury to the credit of	36656
the clean air fund created in section 3704.035 of the Revised	36657
Code.	36658

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	36659
or (c) of this section, a person issued a water discharge permit	36660
or renewal of a water discharge permit pursuant to Chapter 6111.	36661
of the Revised Code shall pay a fee based on each point source to	36662
which the issuance is applicable in accordance with the following	36663
schedule:	36664

Design flow discharge (gallons per day)	Fee	36665
0 to 1000	$ 0	36666
1,001 to 5000	100	36667
5,001 to 50,000	200	36668
50,001 to 100,000	300	36669
100,001 to 300,000	525	36670
over 300,000	750	36671

(b) Notwithstanding the fee schedule specified in division	36672
(L)(1)(a) of this section, the fee for a water discharge permit	36673
that is applicable to coal mining operations regulated under	36674
Chapter 1513. of the Revised Code shall be two hundred fifty	36675
dollars per mine.	36676

(c) Notwithstanding the fee schedule specified in division	36677
(L)(1)(a) of this section, the fee for a water discharge permit	36678
for a public discharger identified by I in the third character of	36679
the permittee's NPDES permit number shall not exceed seven hundred	36680
fifty dollars.	36681

(2) A person applying for a plan approval for a wastewater	36682
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	36683
of the Revised Code shall pay a fee of one hundred dollars plus	36684
sixty-five one-hundredths of one per cent of the estimated project	36685
cost through June 30, ~~2006~~2008, and one hundred dollars plus	36686
two-tenths of one per cent of the estimated project cost on and	36687
after July 1, ~~2006~~2008, except that the total fee shall not	36688
exceed fifteen thousand dollars through June 30, ~~2006~~2008, and	36689
five thousand dollars on and after July 1, ~~2006~~2008. The fee	36690
shall be paid at the time the application is submitted.	36691

(3) A person issued a modification of a water discharge	36692
permit shall pay a fee equal to one-half the fee that otherwise	36693
would be charged for a water discharge permit, except that the fee	36694
for the modification shall not exceed four hundred dollars.	36695

(4) A person who has entered into an agreement with the	36696
director under section 6111.14 of the Revised Code shall pay an	36697
administrative service fee for each plan submitted under that	36698
section for approval that shall not exceed the minimum amount	36699
necessary to pay administrative costs directly attributable to	36700
processing plan approvals. The director annually shall calculate	36701
the fee and shall notify all persons who have entered into	36702
agreements under that section, or who have applied for agreements,	36703
of the amount of the fee.	36704

(5)(a)(i) Not later than January 30, ~~2004~~2006, and January	36705
30, ~~2005~~2007, a person holding an NPDES discharge permit issued	36706
pursuant to Chapter 6111. of the Revised Code with an average	36707
daily discharge flow of five thousand gallons or more shall pay a	36708
nonrefundable annual discharge fee. Any person who fails to pay	36709
the fee at that time shall pay an additional amount that equals	36710
ten per cent of the required annual discharge fee.	36711

(ii) The billing year for the annual discharge fee	36712
established in division (L)(5)(a)(i) of this section shall consist	36713
of a twelve-month period beginning on the first day of January of	36714
the year preceding the date when the annual discharge fee is due.	36715
In the case of an existing source that permanently ceases to	36716
discharge during a billing year, the director shall reduce the	36717
annual discharge fee, including the surcharge applicable to	36718
certain industrial facilities pursuant to division (L)(5)(c) of	36719
this section, by one-twelfth for each full month during the	36720
billing year that the source was not discharging, but only if the	36721
person holding the NPDES discharge permit for the source notifies	36722
the director in writing, not later than the first day of October	36723
of the billing year, of the circumstances causing the cessation of	36724
discharge.	36725

(iii) The annual discharge fee established in division	36726
(L)(5)(a)(i) of this section, except for the surcharge applicable	36727
to certain industrial facilities pursuant to division (L)(5)(c) of	36728
this section, shall be based upon the average daily discharge flow	36729
in gallons per day calculated using first day of May through	36730
thirty-first day of October flow data for the period two years	36731
prior to the date on which the fee is due. In the case of NPDES	36732
discharge permits for new sources, the fee shall be calculated	36733
using the average daily design flow of the facility until actual	36734
average daily discharge flow values are available for the time	36735
period specified in division (L)(5)(a)(iii) of this section. The	36736
annual discharge fee may be prorated for a new source as described	36737
in division (L)(5)(a)(ii) of this section.	36738

(b) An NPDES permit holder that is a public discharger shall	36739
pay the fee specified in the following schedule:	36740

Average daily	Fee due by	36741
discharge flow	January 30,	36742
	~~2004~~ 2006, and	36743
	January 30, ~~2005~~ 2007	36744

5,000 to 49,999	$ 200	36745
50,000 to 100,000	500	36746
100,001 to 250,000	1,050	36747
250,001 to 1,000,000	2,600	36748
1,000,001 to 5,000,000	5,200	36749
5,000,001 to 10,000,000	10,350	36750
10,000,001 to 20,000,000	15,550	36751
20,000,001 to 50,000,000	25,900	36752
50,000,001 to 100,000,000	41,400	36753
100,000,001 or more	62,100	36754

Public dischargers owning or operating two or more publicly	36755
owned treatment works serving the same political subdivision, as	36756
"treatment works" is defined in section 6111.01 of the Revised	36757
Code, and that serve exclusively political subdivisions having a	36758
population of fewer than one hundred thousand shall pay an annual	36759
discharge fee under division (L)(5)(b) of this section that is	36760
based on the combined average daily discharge flow of the	36761
treatment works.	36762

(c) An NPDES permit holder that is an industrial discharger,	36763
other than a coal mining operator identified by P in the third	36764
character of the permittee's NPDES permit number, shall pay the	36765
fee specified in the following schedule:	36766

Average daily	Fee due by	36767
discharge flow	January 30,	36768
	~~2004~~ 2006, and	36769
	January 30, ~~2005~~ 2007	36770

5,000 to 49,999	$ 250	36771
50,000 to 250,000	1,200	36772
250,001 to 1,000,000	2,950	36773
1,000,001 to 5,000,000	5,850	36774
5,000,001 to 10,000,000	8,800	36775
10,000,001 to 20,000,000	11,700	36776
20,000,001 to 100,000,000	14,050	36777
100,000,001 to 250,000,000	16,400	36778
250,000,001 or more	18,700	36779

In addition to the fee specified in the above schedule, an	36780
NPDES permit holder that is an industrial discharger classified as	36781
a major discharger during all or part of the annual discharge fee	36782
billing year specified in division (L)(5)(a)(ii) of this section	36783
shall pay a nonrefundable annual surcharge of seven thousand five	36784
hundred dollars not later than January 30, ~~2004~~2006, and not	36785
later than January 30, ~~2005~~2007. Any person who fails to pay the	36786
surcharge at that time shall pay an additional amount that equals	36787
ten per cent of the amount of the surcharge.	36788

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	36789
section, a public discharger identified by I in the third	36790
character of the permittee's NPDES permit number and an industrial	36791
discharger identified by I, J, L, V, W, X, Y, or Z in the third	36792
character of the permittee's NPDES permit number shall pay a	36793
nonrefundable annual discharge fee of one hundred eighty dollars	36794
not later than January 30, ~~2004~~2006, and not later than January	36795
30, ~~2005~~2007. Any person who fails to pay the fee at that time	36796
shall pay an additional amount that equals ten per cent of the	36797
required fee.	36798

(6) Each person obtaining a national pollutant discharge	36799
elimination system general or individual permit for municipal	36800
storm water discharge shall pay a nonrefundable storm water	36801
discharge fee of one hundred dollars per square mile of area	36802
permitted. The fee shall not exceed ten thousand dollars and shall	36803
be payable on or before January 30, 2004, and the thirtieth day of	36804
January of each year thereafter. Any person who fails to pay the	36805
fee on the date specified in division (L)(6) of this section shall	36806
pay an additional amount per year equal to ten per cent of the	36807
annual fee that is unpaid.	36808

(7) The director shall transmit all moneys collected under	36809
division (L) of this section to the treasurer of state for deposit	36810
into the state treasury to the credit of the surface water	36811
protection fund created in section 6111.038 of the Revised Code.	36812

(8) As used in division (L) of this section:

36813

(a) "NPDES" means the federally approved national pollutant	36814
discharge elimination system program for issuing, modifying,	36815
revoking, reissuing, terminating, monitoring, and enforcing	36816
permits and imposing and enforcing pretreatment requirements under	36817
Chapter 6111. of the Revised Code and rules adopted under it.	36818

(b) "Public discharger" means any holder of an NPDES permit	36819
identified by P in the second character of the NPDES permit number	36820
assigned by the director.	36821

(c) "Industrial discharger" means any holder of an NPDES	36822
permit identified by I in the second character of the NPDES permit	36823
number assigned by the director.	36824

(d) "Major discharger" means any holder of an NPDES permit	36825
classified as major by the regional administrator of the United	36826
States environmental protection agency in conjunction with the	36827
director.	36828

(M) Through June 30, ~~2006~~2008, a person applying for a	36829
license or license renewal to operate a public water system under	36830
section 6109.21 of the Revised Code shall pay the appropriate fee	36831
established under this division at the time of application to the	36832
director. Any person who fails to pay the fee at that time shall	36833
pay an additional amount that equals ten per cent of the required	36834
fee. The director shall transmit all moneys collected under this	36835
division to the treasurer of state for deposit into the drinking	36836
water protection fund created in section 6109.30 of the Revised	36837
Code.	36838

Except as provided in division (M)(4) of this section, fees	36839
required under this division shall be calculated and paid in	36840
accordance with the following schedule:	36841

(1) For the initial license required under division (A)(1) of	36842
section 6109.21 of the Revised Code for any public water system	36843
that is a community water system as defined in section 6109.01 of	36844
the Revised Code, and for each license renewal required for such a	36845
system prior to January 31, ~~2006~~2008, the fee is:	36846

Number of service connections		Fee amount	36847
	Not more than 49	$ 112	36848
	50 to 99	176	36849

Number of service connections		Average cost per connection	36850
	100 to 2,499	$ 1.92	36851
	2,500 to 4,999	1.48	36852
	5,000 to 7,499	1.42	36853
	7,500 to 9,999	1.34	36854
	10,000 to 14,999	1.16	36855
	15,000 to 24,999	1.10	36856
	25,000 to 49,999	1.04	36857
	50,000 to 99,999	.92	36858
	100,000 to 149,999	.86	36859
	150,000 to 199,999	.80	36860
	200,000 or more	.76	36861

A public water system may determine how it will pay the total	36862
amount of the fee calculated under division (M)(1) of this	36863
section, including the assessment of additional user fees that may	36864
be assessed on a volumetric basis.	36865

As used in division (M)(1) of this section, "service	36866
connection" means the number of active or inactive pipes,	36867
goosenecks, pigtails, and any other fittings connecting a water	36868
main to any building outlet.	36869

(2) For the initial license required under division (A)(2) of	36870
section 6109.21 of the Revised Code for any public water system	36871
that is not a community water system and serves a nontransient	36872
population, and for each license renewal required for such a	36873
system prior to January 31, ~~2006~~2008, the fee is:	36874

Population served	Fee amount	36875
Fewer than 150	$ 112	36876
150 to 299	176	36877
300 to 749	384	36878
750 to 1,499	628	36879
1,500 to 2,999	1,268	36880
3,000 to 7,499	2,816	36881
7,500 to 14,999	5,510	36882
15,000 to 22,499	9,048	36883
22,500 to 29,999	12,430	36884
30,000 or more	16,820	36885

As used in division (M)(2) of this section, "population	36886
served" means the total number of individuals receiving water from	36887
the water supply during a twenty-four-hour period for at least	36888
sixty days during any calendar year. In the absence of a specific	36889
population count, that number shall be calculated at the rate of	36890
three individuals per service connection.	36891

(3) For the initial license required under division (A)(3) of	36892
section 6109.21 of the Revised Code for any public water system	36893
that is not a community water system and serves a transient	36894
population, and for each license renewal required for such a	36895
system prior to January 31, ~~2006~~2008, the fee is:	36896

Number of wells supplying system		Fee amount	36897
	1	$112	36898
	2	112	36899
	3	176	36900
	4	278	36901
	5	568	36902
	System designated as using a		36903
	surface water source	792	36904

As used in division (M)(3) of this section, "number of wells	36905
supplying system" means those wells that are physically connected	36906
to the plumbing system serving the public water system.	36907

(4) A public water system designated as using a surface water	36908
source shall pay a fee of seven hundred ninety-two dollars or the	36909
amount calculated under division (M)(1) or (2) of this section,	36910
whichever is greater.	36911

(N)(1) A person applying for a plan approval for a public	36912
water supply system under section 6109.07 of the Revised Code	36913
shall pay a fee of one hundred fifty dollars plus thirty-five	36914
hundredths of one per cent of the estimated project cost, except	36915
that the total fee shall not exceed twenty thousand dollars	36916
through June 30, ~~2006~~2008, and fifteen thousand dollars on and	36917
after July 1, ~~2006~~2008. The fee shall be paid at the time the	36918
application is submitted.	36919

(2) A person who has entered into an agreement with the	36920
director under division (A)(2) of section 6109.07 of the Revised	36921
Code shall pay an administrative service fee for each plan	36922
submitted under that section for approval that shall not exceed	36923
the minimum amount necessary to pay administrative costs directly	36924
attributable to processing plan approvals. The director annually	36925
shall calculate the fee and shall notify all persons that have	36926
entered into agreements under that division, or who have applied	36927
for agreements, of the amount of the fee.	36928

(3) Through June 30, ~~2006~~2008, the following fee, on a per	36929
survey basis, shall be charged any person for services rendered by	36930
the state in the evaluation of laboratories and laboratory	36931
personnel for compliance with accepted analytical techniques and	36932
procedures established pursuant to Chapter 6109. of the Revised	36933
Code for determining the qualitative characteristics of water:	36934

microbiological			36935
	MMO-MUG	$2,000	36936
	MF	2,100	36937
	MMO-MUG and MF	2,550	36938
organic chemical		5,400	36939
trace metals		5,400	36940
standard chemistry		2,800	36941
limited chemistry		1,550	36942

On and after July 1, ~~2006~~2008, the following fee, on a per	36943
survey basis, shall be charged any such person:	36944

microbiological	$ 1,650	36945
organic chemicals	3,500	36946
trace metals	3,500	36947
standard chemistry	1,800	36948
limited chemistry	1,000	36949

The fee for those services shall be paid at the time the request	36950
for the survey is made. Through June 30, ~~2006~~ 2008, an individual	36951
laboratory shall not be assessed a fee under this division more	36952
than once in any three-year period unless the person requests the	36953
addition of analytical methods or analysts, in which case the	36954
person shall pay eighteen hundred dollars for each additional	36955
survey requested.	36956

As used in division (N)(3) of this section:

36957

(a) "MF" means microfiltration.

36958

(b) "MMO" means minimal medium ONPG.

36959

36960

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

36961

The director shall transmit all moneys collected under this	36962
division to the treasurer of state for deposit into the drinking	36963
water protection fund created in section 6109.30 of the Revised	36964
Code.	36965

(O) Any ~~person applying to the director for examination for~~	36966
~~certification as an operator of a water supply system or~~	36967
~~wastewater system under Chapter 6109. or 6111. of the Revised~~	36968
~~Code, at the time the application is submitted, shall pay an~~	36969
~~application fee of twenty-five dollars through November 30, 2003.~~	36970
~~Upon approval from the director that the applicant is eligible to~~	36971
~~take the examination therefor, the applicant shall pay a fee in~~	36972
~~accordance with the following schedule through November 30, 2003:~~	36973

~~Class I operator~~	~~$45~~	36974
~~Class II operator~~	55	36975
~~Class III operator~~	65	36976
~~Class IV operator~~	75	36977

~~On and after December 1, 2003, any~~ person applying to the	36978
director for examination for certification as an operator of a	36979
water supply system or wastewater system under Chapter 6109. or	36980
6111. of the Revised Code, at the time the application is	36981
submitted, shall pay an application fee of forty-five dollars	36982
through November 30, ~~2006~~2008, and twenty-five dollars on and	36983
after December 1, ~~2006~~2008. Upon approval from the director that	36984
the applicant is eligible to take the examination therefor, the	36985
applicant shall pay a fee in accordance with the following	36986
schedule through November 30, ~~2006~~2008:	36987

Class A operator	$35	36988
Class I operator	60	36989
Class II operator	75	36990
Class III operator	85	36991
Class IV operator	100	36992

On and after December 1, ~~2006~~2008, the applicant shall pay a	36993
fee in accordance with the following schedule:	36994

Class A operator	$25	36995
Class I operator	$45	36996
Class II operator	55	36997
Class III operator	65	36998
Class IV operator	75	36999

A person shall pay a biennial certification renewal fee for	37000
each applicable class of certification in accordance with the	37001
following schedule:	37002

Class A operator	$25	37003
Class I operator	35	37004
Class II operator	45	37005
Class III operator	55	37006
Class IV operator	65	37007

If a certification renewal fee is received by the director	37008
more than thirty days, but not more than one year after the	37009
expiration date of the certification, the person shall pay a	37010
certification renewal fee in accordance with the following	37011
schedule:	37012

Class A operator	$45	37013
Class I operator	55	37014
Class II operator	65	37015
Class III operator	75	37016
Class IV operator	85	37017

A person who requests a replacement certificate shall pay a	37018
fee of twenty-five dollars at the time the request is made.	37019

The director shall transmit all moneys collected under this	37020
division to the treasurer of state for deposit into the drinking	37021
water protection fund created in section 6109.30 of the Revised	37022
Code.	37023

(P) Any person submitting an application for an industrial	37024
water pollution control certificate under section 6111.31 of the	37025
Revised Code, as that section existed before its repeal by H.B. 95	37026
of the 125th general assembly, shall pay a nonrefundable fee of	37027
five hundred dollars at the time the application is submitted. The	37028
director shall transmit all moneys collected under this division	37029
to the treasurer of state for deposit into the surface water	37030
protection fund created in section 6111.038 of the Revised Code. A	37031
person paying a certificate fee under this division shall not pay	37032
an application fee under division (S)(1) of this section. On and	37033
after ~~the effective date of this amendment~~June 26, 2003, persons	37034
shall file such applications and pay the fee as required under	37035
sections 5709.20 to 5709.27 of the Revised Code, and proceeds from	37036
the fee shall be credited as provided in section 5709.212 of the	37037
Revised Code.	37038

(Q) Except as otherwise provided in division (R) of this	37039
section, a person issued a permit by the director for a new solid	37040
waste disposal facility other than an incineration or composting	37041
facility, a new infectious waste treatment facility other than an	37042
incineration facility, or a modification of such an existing	37043
facility that includes an increase in the total disposal or	37044
treatment capacity of the facility pursuant to Chapter 3734. of	37045
the Revised Code shall pay a fee of ten dollars per thousand cubic	37046
yards of disposal or treatment capacity, or one thousand dollars,	37047
whichever is greater, except that the total fee for any such	37048
permit shall not exceed eighty thousand dollars. A person issued a	37049
modification of a permit for a solid waste disposal facility or an	37050
infectious waste treatment facility that does not involve an	37051
increase in the total disposal or treatment capacity of the	37052
facility shall pay a fee of one thousand dollars. A person issued	37053
a permit to install a new, or modify an existing, solid waste	37054
transfer facility under that chapter shall pay a fee of two	37055
thousand five hundred dollars. A person issued a permit to install	37056
a new or to modify an existing solid waste incineration or	37057
composting facility, or an existing infectious waste treatment	37058
facility using incineration as its principal method of treatment,	37059
under that chapter shall pay a fee of one thousand dollars. The	37060
increases in the permit fees under this division resulting from	37061
the amendments made by Amended Substitute House Bill 592 of the	37062
117th general assembly do not apply to any person who submitted an	37063
application for a permit to install a new, or modify an existing,	37064
solid waste disposal facility under that chapter prior to	37065
September 1, 1987; any such person shall pay the permit fee	37066
established in this division as it existed prior to June 24, 1988.	37067
In addition to the applicable permit fee under this division, a	37068
person issued a permit to install or modify a solid waste facility	37069
or an infectious waste treatment facility under that chapter who	37070
fails to pay the permit fee to the director in compliance with	37071
division (V) of this section shall pay an additional ten per cent	37072
of the amount of the fee for each week that the permit fee is	37073
late.	37074

Permit and late payment fees paid to the director under this	37075
division shall be credited to the general revenue fund.	37076

(R)(1) A person issued a registration certificate for a scrap	37077
tire collection facility under section 3734.75 of the Revised Code	37078
shall pay a fee of two hundred dollars, except that if the	37079
facility is owned or operated by a motor vehicle salvage dealer	37080
licensed under Chapter 4738. of the Revised Code, the person shall	37081
pay a fee of twenty-five dollars.	37082

(2) A person issued a registration certificate for a new	37083
scrap tire storage facility under section 3734.76 of the Revised	37084
Code shall pay a fee of three hundred dollars, except that if the	37085
facility is owned or operated by a motor vehicle salvage dealer	37086
licensed under Chapter 4738. of the Revised Code, the person shall	37087
pay a fee of twenty-five dollars.	37088

(3) A person issued a permit for a scrap tire storage	37089
facility under section 3734.76 of the Revised Code shall pay a fee	37090
of one thousand dollars, except that if the facility is owned or	37091
operated by a motor vehicle salvage dealer licensed under Chapter	37092
4738. of the Revised Code, the person shall pay a fee of fifty	37093
dollars.	37094

(4) A person issued a permit for a scrap tire monocell or	37095
monofill facility under section 3734.77 of the Revised Code shall	37096
pay a fee of ten dollars per thousand cubic yards of disposal	37097
capacity or one thousand dollars, whichever is greater, except	37098
that the total fee for any such permit shall not exceed eighty	37099
thousand dollars.	37100

(5) A person issued a registration certificate for a scrap	37101
tire recovery facility under section 3734.78 of the Revised Code	37102
shall pay a fee of one hundred dollars.	37103

(6) A person issued a permit for a scrap tire recovery	37104
facility under section 3734.78 of the Revised Code shall pay a fee	37105
of one thousand dollars.	37106

(7) In addition to the applicable registration certificate or	37107
permit fee under divisions (R)(1) to (6) of this section, a person	37108
issued a registration certificate or permit for any such scrap	37109
tire facility who fails to pay the registration certificate or	37110
permit fee to the director in compliance with division (V) of this	37111
section shall pay an additional ten per cent of the amount of the	37112
fee for each week that the fee is late.	37113

(8) The registration certificate, permit, and late payment	37114
fees paid to the director under divisions (R)(1) to (7) of this	37115
section shall be credited to the scrap tire management fund	37116
created in section 3734.82 of the Revised Code.	37117

(S)(1) Except as provided by divisions (L), (M), (N), (O),	37118
(P), and (S)(2) of this section, division (A)(2) of section	37119
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	37120
and rules adopted under division (T)(1) of this section, any	37121
person applying for a registration certificate under section	37122
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	37123
variance, or plan approval under Chapter 3734. of the Revised Code	37124
shall pay a nonrefundable fee of fifteen dollars at the time the	37125
application is submitted.	37126

Except as otherwise provided, any person applying for a	37127
permit, variance, or plan approval under Chapter 6109. or 6111. of	37128
the Revised Code shall pay a nonrefundable fee of one hundred	37129
dollars at the time the application is submitted through June 30,	37130
~~2006~~2008, and a nonrefundable fee of fifteen dollars at the time	37131
the application is submitted on and after July 1, ~~2006~~2008.	37132
Through June 30, ~~2006~~2008, any person applying for a national	37133
pollutant discharge elimination system permit under Chapter 6111.	37134
of the Revised Code shall pay a nonrefundable fee of two hundred	37135
dollars at the time of application for the permit. On and after	37136
July 1, ~~2006~~2008, such a person shall pay a nonrefundable fee of	37137
fifteen dollars at the time of application.	37138

In addition to the application fee established under division	37139
(S)(1) of this section, any person applying for a national	37140
pollutant discharge elimination system general storm water	37141
construction permit shall pay a nonrefundable fee of twenty	37142
dollars per acre for each acre that is permitted above five acres	37143
at the time the application is submitted. However, the per acreage	37144
fee shall not exceed three hundred dollars. In addition, any	37145
person applying for a national pollutant discharge elimination	37146
system general storm water industrial permit shall pay a	37147
nonrefundable fee of one hundred fifty dollars at the time the	37148
application is submitted.	37149

The director shall transmit all moneys collected under	37150
division (S)(1) of this section pursuant to Chapter 6109. of the	37151
Revised Code to the treasurer of state for deposit into the	37152
drinking water protection fund created in section 6109.30 of the	37153
Revised Code.	37154

The director shall transmit all moneys collected under	37155
division (S)(1) of this section pursuant to Chapter 6111. of the	37156
Revised Code to the treasurer of state for deposit into the	37157
surface water protection fund created in section 6111.038 of the	37158
Revised Code.	37159

If a registration certificate is issued under section	37160
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	37161
the application fee paid shall be deducted from the amount of the	37162
registration certificate fee due under division (R)(1), (2), or	37163
(5) of this section, as applicable.	37164

If a person submits an electronic application for a	37165
registration certificate, permit, variance, or plan approval for	37166
which an application fee is established under division (S)(1) of	37167
this section, the person shall pay the applicable application fee	37168
as expeditiously as possible after the submission of the	37169
electronic application. An application for a registration	37170
certificate, permit, variance, or plan approval for which an	37171
application fee is established under division (S)(1) of this	37172
section shall not be reviewed or processed until the applicable	37173
application fee, and any other fees established under this	37174
division, are paid.	37175

(2) Division (S)(1) of this section does not apply to an	37176
application for a registration certificate for a scrap tire	37177
collection or storage facility submitted under section 3734.75 or	37178
3734.76 of the Revised Code, as applicable, if the owner or	37179
operator of the facility or proposed facility is a motor vehicle	37180
salvage dealer licensed under Chapter 4738. of the Revised Code.	37181

(T) The director may adopt, amend, and rescind rules in	37182
accordance with Chapter 119. of the Revised Code that do all of	37183
the following:	37184

(1) Prescribe fees to be paid by applicants for and holders	37185
of any license, permit, variance, plan approval, or certification	37186
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	37187
the Revised Code that are not specifically established in this	37188
section. The fees shall be designed to defray the cost of	37189
processing, issuing, revoking, modifying, denying, and enforcing	37190
the licenses, permits, variances, plan approvals, and	37191
certifications.	37192

The director shall transmit all moneys collected under rules	37193
adopted under division (T)(1) of this section pursuant to Chapter	37194
6109. of the Revised Code to the treasurer of state for deposit	37195
into the drinking water protection fund created in section 6109.30	37196
of the Revised Code.	37197

The director shall transmit all moneys collected under rules	37198
adopted under division (T)(1) of this section pursuant to Chapter	37199
6111. of the Revised Code to the treasurer of state for deposit	37200
into the surface water protection fund created in section 6111.038	37201
of the Revised Code.	37202

(2) Exempt the state and political subdivisions thereof,	37203
including education facilities or medical facilities owned by the	37204
state or a political subdivision, or any person exempted from	37205
taxation by section 5709.07 or 5709.12 of the Revised Code, from	37206
any fee required by this section;	37207

(3) Provide for the waiver of any fee, or any part thereof,	37208
otherwise required by this section whenever the director	37209
determines that the imposition of the fee would constitute an	37210
unreasonable cost of doing business for any applicant, class of	37211
applicants, or other person subject to the fee;	37212

(4) Prescribe measures that the director considers necessary	37213
to carry out this section.	37214

(U) When the director reasonably demonstrates that the direct	37215
cost to the state associated with the issuance of a permit to	37216
install, license, variance, plan approval, or certification	37217
exceeds the fee for the issuance or review specified by this	37218
section, the director may condition the issuance or review on the	37219
payment by the person receiving the issuance or review of, in	37220
addition to the fee specified by this section, the amount, or any	37221
portion thereof, in excess of the fee specified under this	37222
section. The director shall not so condition issuances for which	37223
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	37224
section.	37225

(V) Except as provided in divisions (L), (M), and (P) of this	37226
section or unless otherwise prescribed by a rule of the director	37227
adopted pursuant to Chapter 119. of the Revised Code, all fees	37228
required by this section are payable within thirty days after the	37229
issuance of an invoice for the fee by the director or the	37230
effective date of the issuance of the license, permit, variance,	37231
plan approval, or certification. If payment is late, the person	37232
responsible for payment of the fee shall pay an additional ten per	37233
cent of the amount due for each month that it is late.	37234

(W) As used in this section, "fuel-burning equipment,"	37235
"fuel-burning equipment input capacity," "incinerator,"	37236
"incinerator input capacity," "process," "process weight rate,"	37237
"storage tank," "gasoline dispensing facility," "dry cleaning	37238
facility," "design flow discharge," and "new source treatment	37239
works" have the meanings ascribed to those terms by applicable	37240
rules or standards adopted by the director under Chapter 3704. or	37241
6111. of the Revised Code.	37242

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	37243
and (J) of this section, and in any other provision of this	37244
section pertaining to fees paid pursuant to Chapter 3704. of the	37245
Revised Code:	37246

(1) "Facility," "federal Clean Air Act," "person," and "Title	37247
V permit" have the same meanings as in section 3704.01 of the	37248
Revised Code.	37249

(2) "Title V permit program" means the following activities	37250
as necessary to meet the requirements of Title V of the federal	37251
Clean Air Act and 40 C.F.R. part 70, including at least:	37252

(a) Preparing and adopting, if applicable, generally	37253
applicable rules or guidance regarding the permit program or its	37254
implementation or enforcement;	37255

(b) Reviewing and acting on any application for a Title V	37256
permit, permit revision, or permit renewal, including the	37257
development of an applicable requirement as part of the processing	37258
of a permit, permit revision, or permit renewal;	37259

(c) Administering the permit program, including the	37260
supporting and tracking of permit applications, compliance	37261
certification, and related data entry;	37262

(d) Determining which sources are subject to the program and	37263
implementing and enforcing the terms of any Title V permit, not	37264
including any court actions or other formal enforcement actions;	37265

(e) Emission and ambient monitoring;

37266

(f) Modeling, analyses, or demonstrations;

37267

(g) Preparing inventories and tracking emissions;

37268

(h) Providing direct and indirect support to small business	37269
stationary sources to determine and meet their obligations under	37270
the federal Clean Air Act pursuant to the small business	37271
stationary source technical and environmental compliance	37272
assistance program required by section 507 of that act and	37273
established in sections 3704.18, 3704.19, and 3706.19 of the	37274
Revised Code.	37275

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	37276
of this section, each sewage sludge facility shall pay a	37277
nonrefundable annual sludge fee equal to three dollars and fifty	37278
cents per dry ton of sewage sludge, including the dry tons of	37279
sewage sludge in materials derived from sewage sludge, that the	37280
sewage sludge facility treats or disposes of in this state. The	37281
annual volume of sewage sludge treated or disposed of by a sewage	37282
sludge facility shall be calculated using the first day of January	37283
through the thirty-first day of December of the calendar year	37284
preceding the date on which payment of the fee is due.	37285

(2)(a) Except as provided in division (Y)(2)(d) of this	37286
section, each sewage sludge facility shall pay a minimum annual	37287
sewage sludge fee of one hundred dollars.	37288

(b) The annual sludge fee required to be paid by a sewage	37289
sludge facility that treats or disposes of exceptional quality	37290
sludge in this state shall be thirty-five per cent less per dry	37291
ton of exceptional quality sludge than the fee assessed under	37292
division (Y)(1) of this section, subject to the following	37293
exceptions:	37294

(i) Except as provided in division (Y)(2)(d) of this section,	37295
a sewage sludge facility that treats or disposes of exceptional	37296
quality sludge shall pay a minimum annual sewage sludge fee of one	37297
hundred dollars.	37298

(ii) A sewage sludge facility that treats or disposes of	37299
exceptional quality sludge shall not be required to pay the annual	37300
sludge fee for treatment or disposal in this state of exceptional	37301
quality sludge generated outside of this state and contained in	37302
bags or other containers not greater than one hundred pounds in	37303
capacity.	37304

A thirty-five per cent reduction for exceptional quality	37305
sludge applies to the maximum annual fees established under	37306
division (Y)(3) of this section.	37307

(c) A sewage sludge facility that transfers sewage sludge to	37308
another sewage sludge facility in this state for further treatment	37309
prior to disposal in this state shall not be required to pay the	37310
annual sludge fee for the tons of sewage sludge that have been	37311
transferred. In such a case, the sewage sludge facility that	37312
disposes of the sewage sludge shall pay the annual sludge fee.	37313
However, the facility transferring the sewage sludge shall pay the	37314
one-hundred-dollar minimum fee required under division (Y)(2)(a)	37315
of this section.	37316

In the case of a sewage sludge facility that treats sewage	37317
sludge in this state and transfers it out of this state to another	37318
entity for disposal, the sewage sludge facility in this state	37319
shall be required to pay the annual sludge fee for the tons of	37320
sewage sludge that have been transferred.	37321

(d) A sewage sludge facility that generates sewage sludge	37322
resulting from an average daily discharge flow of less than five	37323
thousand gallons per day is not subject to the fees assessed under	37324
division (Y) of this section.	37325

(3) No sewage sludge facility required to pay the annual	37326
sludge fee shall be required to pay more than the maximum annual	37327
fee for each disposal method that the sewage sludge facility uses.	37328
The maximum annual fee does not include the additional amount that	37329
may be charged under division (Y)(5) of this section for late	37330
payment of the annual sludge fee. The maximum annual fee for the	37331
following methods of disposal of sewage sludge is as follows:	37332

(a) Incineration: five thousand dollars;

37333

(b) Preexisting land reclamation project or disposal in a	37334
landfill: five thousand dollars;	37335

(c) Land application, land reclamation, surface disposal, or	37336
any other disposal method not specified in division (Y)(3)(a) or	37337
(b) of this section: twenty thousand dollars.	37338

(4)(a) In the case of an entity that generates sewage sludge	37339
or a sewage sludge facility that treats sewage sludge and	37340
transfers the sewage sludge to an incineration facility for	37341
disposal, the incineration facility, and not the entity generating	37342
the sewage sludge or the sewage sludge facility treating the	37343
sewage sludge, shall pay the annual sludge fee for the tons of	37344
sewage sludge that are transferred. However, the entity or	37345
facility generating or treating the sewage sludge shall pay the	37346
one-hundred-dollar minimum fee required under division (Y)(2)(a)	37347
of this section.	37348

(b) In the case of an entity that generates sewage sludge and	37349
transfers the sewage sludge to a landfill for disposal or to a	37350
sewage sludge facility for land reclamation or surface disposal,	37351
the entity generating the sewage sludge, and not the landfill or	37352
sewage sludge facility, shall pay the annual sludge fee for the	37353
tons of sewage sludge that are transferred.	37354

(5) Not later than the first day of April of the calendar	37355
year following March 17, 2000, and each first day of April	37356
thereafter, the director shall issue invoices to persons who are	37357
required to pay the annual sludge fee. The invoice shall identify	37358
the nature and amount of the annual sludge fee assessed and state	37359
the first day of May as the deadline for receipt by the director	37360
of objections regarding the amount of the fee and the first day of	37361
July as the deadline for payment of the fee.	37362

Not later than the first day of May following receipt of an	37363
invoice, a person required to pay the annual sludge fee may submit	37364
objections to the director concerning the accuracy of information	37365
regarding the number of dry tons of sewage sludge used to	37366
calculate the amount of the annual sludge fee or regarding whether	37367
the sewage sludge qualifies for the exceptional quality sludge	37368
discount established in division (Y)(2)(b) of this section. The	37369
director may consider the objections and adjust the amount of the	37370
fee to ensure that it is accurate.	37371

If the director does not adjust the amount of the annual	37372
sludge fee in response to a person's objections, the person may	37373
appeal the director's determination in accordance with Chapter	37374
119. of the Revised Code.	37375

Not later than the first day of June, the director shall	37376
notify the objecting person regarding whether the director has	37377
found the objections to be valid and the reasons for the finding.	37378
If the director finds the objections to be valid and adjusts the	37379
amount of the annual sludge fee accordingly, the director shall	37380
issue with the notification a new invoice to the person	37381
identifying the amount of the annual sludge fee assessed and	37382
stating the first day of July as the deadline for payment.	37383

Not later than the first day of July, any person who is	37384
required to do so shall pay the annual sludge fee. Any person who	37385
is required to pay the fee, but who fails to do so on or before	37386
that date shall pay an additional amount that equals ten per cent	37387
of the required annual sludge fee.	37388

(6) The director shall transmit all moneys collected under	37389
division (Y) of this section to the treasurer of state for deposit	37390
into the surface water protection fund created in section 6111.038	37391
of the Revised Code. The moneys shall be used to defray the costs	37392
of administering and enforcing provisions in Chapter 6111. of the	37393
Revised Code and rules adopted under it that govern the use,	37394
storage, treatment, or disposal of sewage sludge.	37395

(7) Beginning in fiscal year 2001, and every two years	37396
thereafter, the director shall review the total amount of moneys	37397
generated by the annual sludge fees to determine if that amount	37398
exceeded six hundred thousand dollars in either of the two	37399
preceding fiscal years. If the total amount of moneys in the fund	37400
exceeded six hundred thousand dollars in either fiscal year, the	37401
director, after review of the fee structure and consultation with	37402
affected persons, shall issue an order reducing the amount of the	37403
fees levied under division (Y) of this section so that the	37404
estimated amount of moneys resulting from the fees will not exceed	37405
six hundred thousand dollars in any fiscal year.	37406

If, upon review of the fees under division (Y)(7) of this	37407
section and after the fees have been reduced, the director	37408
determines that the total amount of moneys collected and	37409
accumulated is less than six hundred thousand dollars, the	37410
director, after review of the fee structure and consultation with	37411
affected persons, may issue an order increasing the amount of the	37412
fees levied under division (Y) of this section so that the	37413
estimated amount of moneys resulting from the fees will be	37414
approximately six hundred thousand dollars. Fees shall never be	37415
increased to an amount exceeding the amount specified in division	37416
(Y)(7) of this section.	37417

Notwithstanding section 119.06 of the Revised Code, the	37418
director may issue an order under division (Y)(7) of this section	37419
without the necessity to hold an adjudicatory hearing in	37420
connection with the order. The issuance of an order under this	37421
division is not an act or action for purposes of section 3745.04	37422
of the Revised Code.	37423

(8) As used in division (Y) of this section:

37424

(a) "Sewage sludge facility" means an entity that performs	37425
treatment on or is responsible for the disposal of sewage sludge.	37426

(b) "Sewage sludge" means a solid, semi-solid, or liquid	37427
residue generated during the treatment of domestic sewage in a	37428
treatment works as defined in section 6111.01 of the Revised Code.	37429
"Sewage sludge" includes, but is not limited to, scum or solids	37430
removed in primary, secondary, or advanced wastewater treatment	37431
processes. "Sewage sludge" does not include ash generated during	37432
the firing of sewage sludge in a sewage sludge incinerator, grit	37433
and screenings generated during preliminary treatment of domestic	37434
sewage in a treatment works, animal manure, residue generated	37435
during treatment of animal manure, or domestic septage.	37436

(c) "Exceptional quality sludge" means sewage sludge that	37437
meets all of the following qualifications:	37438

(i) Satisfies the class A pathogen standards in 40 C.F.R.	37439
503.32(a);	37440

(ii) Satisfies one of the vector attraction reduction	37441
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	37442

(iii) Does not exceed the ceiling concentration limitations	37443
for metals listed in table one of 40 C.F.R. 503.13;	37444

(iv) Does not exceed the concentration limitations for metals	37445
listed in table three of 40 C.F.R. 503.13.	37446

(d) "Treatment" means the preparation of sewage sludge for	37447
final use or disposal and includes, but is not limited to,	37448
thickening, stabilization, and dewatering of sewage sludge.	37449

(e) "Disposal" means the final use of sewage sludge,	37450
including, but not limited to, land application, land reclamation,	37451
surface disposal, or disposal in a landfill or an incinerator.	37452

(f) "Land application" means the spraying or spreading of	37453
sewage sludge onto the land surface, the injection of sewage	37454
sludge below the land surface, or the incorporation of sewage	37455
sludge into the soil for the purposes of conditioning the soil or	37456
fertilizing crops or vegetation grown in the soil.	37457

(g) "Land reclamation" means the returning of disturbed land	37458
to productive use.	37459

(h) "Surface disposal" means the placement of sludge on an	37460
area of land for disposal, including, but not limited to,	37461
monofills, surface impoundments, lagoons, waste piles, or	37462
dedicated disposal sites.	37463

(i) "Incinerator" means an entity that disposes of sewage	37464
sludge through the combustion of organic matter and inorganic	37465
matter in sewage sludge by high temperatures in an enclosed	37466
device.	37467

(j) "Incineration facility" includes all incinerators owned	37468
or operated by the same entity and located on a contiguous tract	37469
of land. Areas of land are considered to be contiguous even if	37470
they are separated by a public road or highway.	37471

(k) "Annual sludge fee" means the fee assessed under division	37472
(Y)(1) of this section.	37473

(l) "Landfill" means a sanitary landfill facility, as defined	37474
in rules adopted under section 3734.02 of the Revised Code, that	37475
is licensed under section 3734.05 of the Revised Code.	37476

(m) "Preexisting land reclamation project" means a	37477
property-specific land reclamation project that has been in	37478
continuous operation for not less than five years pursuant to	37479
approval of the activity by the director and includes the	37480
implementation of a community outreach program concerning the	37481
activity.	37482

Sec. 3745.114. (A) A person that applies for a section 401	37483
water quality certification under Chapter 6111. of the Revised	37484
Code and rules adopted under it shall pay an application fee of	37485
two hundred dollars at the time of application plus any of the	37486
following fees, as applicable:	37487

(1) If the water resource to be impacted is a wetland, a	37488
review fee of five hundred dollars per acre of wetland to be	37489
impacted;	37490

(2) If the water resource to be impacted is a stream, a	37491
review fee of ten dollars per linear foot of stream to be	37492
impacted;	37493

(3) If the water resource to be impacted is a lake, a review	37494
fee of three dollars per cubic yard of dredged or fill material to	37495
be moved.	37496

(B) The total fee to be paid under this section shall not	37497
exceed twenty-five thousand dollars per application. However, if	37498
the applicant is a county, township, or municipal corporation in	37499
this state, the total fee to be paid shall not exceed five	37500
thousand dollars per application.	37501

(C) All money collected under this section shall be	37502
transmitted to the treasurer of state for deposit into the state	37503
treasury to the credit of the surface water protection fund	37504
created in section 6111.038 of the Revised Code.	37505

(D) The fees established under this section do not apply to	37506
any state agency as defined in section 119.01 of the Revised Code.	37507

(E) The fees established under this section do not apply to	37508
projects that are authorized by the environmental protection	37509
agency's general certifications of nationwide permits or general	37510
permits issued by the United States army corps of engineers. As	37511
used in this division, "general permit" and "nationwide permit"	37512
have the same meanings as in rules adopted under Chapter 6111. of	37513
the Revised Code.	37514

(F) The fees established under this section do not apply to	37515
coal mining and reclamation operations that are authorized under	37516
Chapter 1513. of the Revised Code.	37517

Sec. 3745.12. (A) There is hereby created in the state	37518
treasury the immediate removal fund, which shall be administered	37519
by the director of environmental protection. The fund may be used	37520
for both of the following purposes:	37521

(1) To pay costs incurred by the environmental protection	37522
agency in investigating, mitigating, minimizing, removing, or	37523
abating any unauthorized spill, release, or discharge of material	37524
into or upon the environment that requires emergency action to	37525
protect the public health or safety or the environment;	37526

(2) Conducting remedial actions under section 3752.13 of the	37527
Revised Code.	37528

(B) Any person responsible for causing or allowing the	37529
unauthorized spill, release, or discharge is liable to the	37530
director for the costs incurred by the agency regardless of	37531
whether those costs were paid out of the fund created under	37532
division (A) of this section or any other fund of the agency. Upon	37533
the request of the director, the attorney general shall bring a	37534
civil action against the responsible person to recover those	37535
costs. Moneys recovered under this division shall be paid into the	37536
state treasury to the credit of the immediate removal fund, except	37537
that moneys recovered for costs paid from the hazardous waste	37538
clean-up fund created in section 3734.28 of the Revised Code shall	37539
be credited to the hazardous waste clean-up fund.	37540

Sec. 3746.04. Within one year after September 28, 1994, the	37541
director of environmental protection, in accordance with Chapter	37542
119. of the Revised Code and with the advice of the	37543
multidisciplinary council appointed under section 3746.03 of the	37544
Revised Code, shall adopt, and subsequently may amend, suspend, or	37545
rescind, rules that do both of the following:	37546

(A) Revise the rules adopted under Chapters 3704., 3714.,	37547
3734., 6109., and 6111. of the Revised Code to incorporate the	37548
provisions necessary to conform those rules to the requirements of	37549
this chapter. The amended rules adopted under this division also	37550
shall establish response times for all submittals to the	37551
environmental protection agency required under this chapter or	37552
rules adopted under it.	37553

(B) Establish requirements and procedures that are reasonably	37554
necessary for the implementation and administration of this	37555
chapter, including, without limitation, all of the following:	37556

(1) Appropriate generic numerical clean-up standards for the	37557
treatment or removal of soils, sediments, and water media for	37558
hazardous substances and petroleum. The rules shall establish	37559
separate generic numerical clean-up standards based upon the	37560
intended use of properties after the completion of voluntary	37561
actions, including industrial, commercial, and residential uses	37562
and such other categories of land use as the director considers to	37563
be appropriate. The generic numerical clean-up standards	37564
established for each category of land use shall be the	37565
concentration of each contaminant that may be present on a	37566
property that shall ensure protection of public health and safety	37567
and the environment for the reasonable exposure for that category	37568
of land use. When developing the standards, the director shall	37569
consider such factors as all of the following:	37570

(a) Scientific information, including, without limitation,	37571
toxicological information and realistic assumptions regarding	37572
human and environmental exposure to hazardous substances or	37573
petroleum;	37574

(b) Climatic factors;

37575

37576

(d) Current statistical techniques;

37577

(e) For petroleum at industrial property, alternatives to the	37578
use of total petroleum hydrocarbons.	37579

The generic numerical clean-up standards established in the	37580
rules adopted under division (B)(1) of this section shall be	37581
consistent with and equivalent in scope, content, and coverage to	37582
any applicable standard established by federal environmental laws	37583
and regulations adopted under them, including, without limitation,	37584
the "Federal Water Pollution Control Act Amendments of 1972," 86	37585
Stat. 886, 33 U.S.C.A. 1251, as amended; the "Resource	37586
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	37587
6921, as amended; the "Toxic Substances Control Act," 90 Stat.	37588
2003 (1976), 15 U.S.C.A. 2601, as amended; the "Comprehensive	37589
Environmental Response, Compensation, and Liability Act of 1980,"	37590
94 Stat. 2779, 42 U.S.C.A. 9601, as amended; and the "Safe	37591
Drinking Water Act," 88 Stat. 1660 (1974), 42 U.S.C.A. 300f, as	37592
amended.	37593

In order for the rules adopted under division (B)(1) of this	37594
section to require that any such federal environmental standard	37595
apply to a property, the property shall meet the requirements of	37596
the particular federal statute or regulation involved in the	37597
manner specified by the statute or regulation.	37598

The generic numerical clean-up standards for petroleum at	37599
commercial or residential property shall be the standards	37600
established in rules adopted under division (B) of section	37601
3737.882 of the Revised Code.	37602

(2)(a) Procedures for performing property-specific risk	37603
assessments that would be performed at a property to demonstrate	37604
that the remedy evaluated in a risk assessment results in	37605
protection of public health and safety and the environment instead	37606
of complying with the generic numerical clean-up standards	37607
established in the rules adopted under division (B)(1) of this	37608
section. The risk assessment procedures shall describe a	37609
methodology to establish, on a property-specific basis, allowable	37610
levels of contamination to remain at a property to ensure	37611
protection of public health and safety and the environment on the	37612
property and off the property when the contamination is emanating	37613
off the property, taking into account all of the following:	37614

(i) The implementation of treatment, storage, or disposal, or	37615
a combination thereof, of hazardous substances or petroleum;	37616

(ii) The existence of institutional controls or activity and	37617
use limitations that eliminate or mitigate exposure to hazardous	37618
substances or petroleum through the restriction of access to	37619
hazardous substances or petroleum;	37620

(iii) The existence of engineering controls that eliminate or	37621
mitigate exposure to hazardous substances or petroleum through	37622
containment of, control of, or restrictions of access to hazardous	37623
substances or petroleum, including, without limitation, fences,	37624
cap systems, cover systems, and landscaping.	37625

(b) The risk assessment procedures and levels of acceptable	37626
risk set forth in the rules adopted under division (B)(2) of this	37627
section shall be based upon all of the following:	37628

(i) Scientific information, including, without limitation,	37629
toxicological information and actual or proposed human and	37630
environmental exposure;	37631

(ii) Locational and climatic factors;

37632

(iii) Surrounding land use and human activities;

37633

(iv) Differing levels of remediation that may be required	37634
when an existing land use is continued compared to when a	37635
different land use follows the remediation.	37636

(c) Any standards established pursuant to rules adopted under	37637
division (B)(2) of this section shall be no more stringent than	37638
standards established under the environmental statutes of this	37639
state and rules adopted under them for the same contaminant in the	37640
same environmental medium that are in effect at the time the risk	37641
assessment is conducted.	37642

(3) Minimum standards for phase I property assessments. The	37643
standards shall specify the information needed to demonstrate that	37644
there is no reason to believe that contamination exists on a	37645
property. The rules adopted under division (B)(3) of this section,	37646
at a minimum, shall require that a phase I property assessment	37647
include all of the following:	37648

(a) A review and analysis of deeds, mortgages, easements of	37649
record, and similar documents relating to the chain of title to	37650
the property that are publicly available or that are known to and	37651
reasonably available to the owner or operator;	37652

(b) A review and analysis of any previous environmental	37653
assessments, property assessments, environmental studies, or	37654
geologic studies of the property and any land within two thousand	37655
feet of the boundaries of the property that are publicly available	37656
or that are known to and reasonably available to the owner or	37657
operator;	37658

(c) A review of current and past environmental compliance	37659
histories of persons who owned or operated the property;	37660

(d) A review of aerial photographs of the property that	37661
indicate prior uses of the property;	37662

(e) Interviews with managers of activities conducted at the	37663
property who have knowledge of environmental conditions at the	37664
property;	37665

(f) Conducting an inspection of the property consisting of a	37666
walkover;	37667

(g) Identifying the current and past uses of the property,	37668
adjoining tracts of land, and the area surrounding the property,	37669
including, without limitation, interviews with persons who reside	37670
or have resided, or who are or were employed, within the area	37671
surrounding the property regarding the current and past uses of	37672
the property and adjacent tracts of land.	37673

The rules adopted under division (B)(3) of this section shall	37674
establish criteria to determine when a phase II property	37675
assessment shall be conducted when a phase I property assessment	37676
reveals facts that establish a reason to believe that hazardous	37677
substances or petroleum have been treated, stored, managed, or	37678
disposed of on the property if the person undertaking the phase I	37679
property assessment wishes to obtain a covenant not to sue under	37680
section 3746.12 of the Revised Code.	37681

(4) Minimum standards for phase II property assessments. The	37682
standards shall specify the information needed to demonstrate that	37683
any contamination present at the property does not exceed	37684
applicable standards or that the remedial activities conducted at	37685
the property have achieved compliance with applicable standards.	37686
The rules adopted under division (B)(4) of this section, at a	37687
minimum, shall require that a phase II property assessment include	37688
all of the following:	37689

(a) A review and analysis of all documentation prepared in	37690
connection with a phase I property assessment conducted within the	37691
one hundred eighty days before the phase II property assessment	37692
begins. The rules adopted under division (B)(4)(a) of this section	37693
shall require that if a period of more than one hundred eighty	37694
days has passed between the time that the phase I assessment of	37695
the property was completed and the phase II assessment begins, the	37696
phase II assessment shall include a reasonable inquiry into the	37697
change in the environmental condition of the property during the	37698
intervening period.	37699

(b) Quality assurance objectives for measurements taken in	37700
connection with a phase II assessment;	37701

(c) Sampling procedures to ensure the representative sampling	37702
of potentially contaminated environmental media;	37703

(d) Quality assurance and quality control requirements for	37704
samples collected in connection with phase II assessments;	37705

(e) Analytical and data assessment procedures;

37706

(f) Data objectives to ensure that samples collected in	37707
connection with phase II assessments are biased toward areas where	37708
information indicates that contamination by hazardous substances	37709
or petroleum is likely to exist.	37710

(5) Standards governing the conduct of certified	37711
professionals, criteria and procedures for the certification of	37712
professionals to issue no further action letters under section	37713
3746.11 of the Revised Code, and criteria for the suspension and	37714
revocation of those certifications. The director shall take an	37715
action regarding a certification as a final action. The issuance,	37716
denial, renewal, suspension, and revocation of those	37717
certifications are subject to Chapter 3745. of the Revised Code,	37718
~~and the director shall take any such action regarding a~~	37719
~~certification as a final action~~except that, in lieu of publishing	37720
an action regarding a certification in a newspaper of general	37721
circulation as required in section 3745.07 of the Revised Code,	37722
such an action shall be published on the environmental protection	37723
agency's web site and in the agency's weekly review not later than	37724
fifteen days after the date of the issuance, denial, renewal,	37725
suspension, or revocation of the certification and not later than	37726
thirty days before a hearing or public meeting concerning the	37727
action.	37728

The rules adopted under division (B)(5) of this section shall	37729
do all of the following:	37730

(a) Provide for the certification of environmental	37731
professionals to issue no further action letters pertaining to	37732
investigations and remedies in accordance with the criteria and	37733
procedures set forth in the rules. The rules adopted under	37734
division (B)(5)(a) of this section shall do at least all of the	37735
following:	37736

(i) Authorize the director to consider such factors as an	37737
environmental professional's previous performance record regarding	37738
such investigations and remedies and the environmental	37739
professional's environmental compliance history when determining	37740
whether to certify the environmental professional;	37741

(ii) Ensure that an application for certification is reviewed	37742
in a timely manner;	37743

(iii) Require the director to certify any environmental	37744
professional who the director determines complies with those	37745
criteria;	37746

(iv) Require the director to deny certification for any	37747
environmental professional who does not comply with those	37748
criteria.	37749

(b) Establish an annual fee to be paid by environmental	37750
professionals certified pursuant to the rules adopted under	37751
division (B)(5)(a) of this section. The fee shall be established	37752
at an amount calculated to defray the costs to the ~~environmental~~	37753
~~protection~~ agency for the required reviews of the qualifications	37754
of environmental professionals for certification and for the	37755
issuance of the certifications.	37756

(c) Develop a schedule for and establish requirements	37757
governing the review by the director of the credentials of	37758
environmental professionals who were deemed to be certified	37759
professionals under division (D) of section 3746.07 of the Revised	37760
Code in order to determine if they comply with the criteria	37761
established in rules adopted under division (B)(5) of this	37762
section. The rules adopted under division (B)(5)(c) of this	37763
section shall do at least all of the following:	37764

(i) Ensure that the review is conducted in a timely fashion;

37765

(ii) Require the director to certify any such environmental	37766
professional who the director determines complies with those	37767
criteria;	37768

(iii) Require any such environmental professional initially	37769
to pay the fee established in the rules adopted under division	37770
(B)(5)(b) of this section at the time that the environmental	37771
professional is so certified by the director;	37772

(iv) Establish a time period within which any such	37773
environmental professional who does not comply with those criteria	37774
may obtain the credentials that are necessary for certification;	37775

(v) Require the director to deny certification for any such	37776
environmental professional who does not comply with those criteria	37777
and who fails to obtain the necessary credentials within the	37778
established time period.	37779

(d) Require that any information submitted to the director	37780
for the purposes of the rules adopted under division (B)(5)(a) or	37781
(c) of this section comply with division (A) of section 3746.20 of	37782
the Revised Code;	37783

(e) Authorize the director to suspend or revoke the	37784
certification of an environmental professional if the director	37785
finds that the environmental professional's performance has	37786
resulted in the issuance of no further action letters under	37787
section 3746.11 of the Revised Code that are not consistent with	37788
applicable standards or finds that the certified environmental	37789
professional has not substantially complied with section 3746.31	37790
of the Revised Code;	37791

(f) Authorize the director to suspend for a period of not	37792
more than five years or to permanently revoke a certified	37793
environmental professional's certification for any violation of or	37794
failure to comply with an ethical standard established in rules	37795
adopted under division (B)(5) of this section.;	37796

(g) Require the director to revoke the certification of an	37797
environmental professional if the director finds that the	37798
environmental professional falsified any information on the	37799
environmental professional's application for certification	37800
regarding the environmental professional's credentials or	37801
qualifications or any other information generated for the purposes	37802
of or use under this chapter or rules adopted under it;	37803

(h) Require the director permanently to revoke the	37804
certification of an environmental professional who has violated or	37805
is violating division (A) of section 3746.18 of the Revised Code;	37806

(i) Preclude the director from revoking the certification of	37807
an environmental professional who only conducts investigations and	37808
remedies at property contaminated solely with petroleum unless the	37809
director first consults with the director of commerce.	37810

(6) Criteria and procedures for the certification of	37811
laboratories to perform analyses under this chapter and rules	37812
adopted under it. The issuance, denial, suspension, and revocation	37813
of those certifications are subject to Chapter 3745. of the	37814
Revised Code, and the director of environmental protection shall	37815
take any such action regarding a certification as a final action.	37816

The rules adopted under division (B)(6) of this section shall	37817
do all of the following:	37818

(a) Provide for the certification to perform analyses of	37819
laboratories in accordance with the criteria and procedures	37820
established in the rules adopted under division (B)(6)(a) of this	37821
section and establish an annual fee to be paid by those	37822
laboratories. The fee shall be established at an amount calculated	37823
to defray the costs to the agency for the review of the	37824
qualifications of those laboratories for certification and for the	37825
issuance of the certifications. The rules adopted under division	37826
(B)(6)(a) of this section may provide for the certification of	37827
those laboratories to perform only particular types or categories	37828
of analyses, specific test parameters or group of test parameters,	37829
or a specific matrix or matrices under this chapter.	37830

(b) Develop a schedule for and establish requirements	37831
governing the review by the director of the operations of	37832
laboratories that were deemed to be certified laboratories under	37833
division (E) of section 3746.07 of the Revised Code in order to	37834
determine if they comply with the criteria established in rules	37835
adopted under division (B)(6) of this section. The rules adopted	37836
under division (B)(6)(b) of this section shall do at least all of	37837
the following:	37838

(i) Ensure that the review is conducted in a timely fashion;

37839

(ii) Require the director to certify any such laboratory that	37840
the director determines complies with those criteria;	37841

(iii) Require any such laboratory initially to pay the fee	37842
established in the rules adopted under division (B)(6)(a) of this	37843
section at the time that the laboratory is so certified by the	37844
director;	37845

(iv) Establish a time period within which any such laboratory	37846
that does not comply with those criteria may make changes in its	37847
operations necessary for the performance of analyses under this	37848
chapter and rules adopted under it in order to be certified by the	37849
director;	37850

(v) Require the director to deny certification for any such	37851
laboratory that does not comply with those criteria and that fails	37852
to make the necessary changes in its operations within the	37853
established time period.	37854

(c) Require that any information submitted to the director	37855
for the purposes of the rules adopted under division (B)(6)(a) or	37856
(b) of this section comply with division (A) of section 3746.20 of	37857
the Revised Code;	37858

(d) Authorize the director to suspend or revoke the	37859
certification of a laboratory if the director finds that the	37860
laboratory's performance has resulted in the issuance of no	37861
further action letters under section 3746.11 of the Revised Code	37862
that are not consistent with applicable standards;	37863

(e) Authorize the director to suspend or revoke the	37864
certification of a laboratory if the director finds that the	37865
laboratory falsified any information on its application for	37866
certification regarding its credentials or qualifications;	37867

(f) Require the director permanently to revoke the	37868
certification of a laboratory that has violated or is violating	37869
division (A) of section 3746.18 of the Revised Code.	37870

(7) Information to be included in a no further action letter	37871
prepared under section 3746.11 of the Revised Code, including,	37872
without limitation, all of the following:	37873

(a) A summary of the information required to be submitted to	37874
the certified environmental professional preparing the no further	37875
action letter under division (C) of section 3746.10 of the Revised	37876
Code;	37877

(b) Notification that a risk assessment was performed in	37878
accordance with rules adopted under division (B)(2) of this	37879
section if such an assessment was used in lieu of generic	37880
numerical clean-up standards established in rules adopted under	37881
division (B)(1) of this section;	37882

(c) The contaminants addressed at the property, if any, their	37883
source, if known, and their levels prior to remediation;	37884

(d) The identity of any other person who performed work to	37885
support the request for the no further action letter as provided	37886
in division (B)(2) of section 3746.10 of the Revised Code and the	37887
nature and scope of the work performed by that person;	37888

(e) A list of the data, information, records, and documents	37889
relied upon by the certified environmental professional in	37890
preparing the no further action letter.	37891

(8) Methods for determining fees to be paid for the following	37892
services provided by the agency under this chapter and rules	37893
adopted under it:	37894

(a) Site- or property-specific technical assistance in	37895
developing or implementing plans in connection with a voluntary	37896
action;	37897

(b) Reviewing applications for and issuing consolidated	37898
standards permits under section 3746.15 of the Revised Code and	37899
monitoring compliance with those permits;	37900

(c) Negotiating, preparing, and entering into agreements	37901
necessary for the implementation and administration of this	37902
chapter and rules adopted under it;	37903

(d) Reviewing no further action letters, issuing covenants	37904
not to sue, and monitoring compliance with any terms and	37905
conditions of those covenants and with operation and maintenance	37906
agreements entered into pursuant to those covenants, including,	37907
without limitation, conducting audits of properties where	37908
voluntary actions are being or were conducted under this chapter	37909
and rules adopted under it.	37910

The fees established pursuant to the rules adopted under	37911
division (B)(8) of this section shall be at a level sufficient to	37912
defray the direct and indirect costs incurred by the agency for	37913
the administration and enforcement of this chapter and rules	37914
adopted under it other than the provisions regarding the	37915
certification of professionals and laboratories.	37916

(9) Criteria for selecting the no further action letters	37917
issued under section 3746.11 of the Revised Code that will be	37918
audited under section 3746.17 of the Revised Code, and the scope	37919
and procedures for conducting those audits. The rules adopted	37920
under division (B)(9) of this section, at a minimum, shall require	37921
the director to establish priorities for auditing no further	37922
action letters to which any of the following applies:	37923

(a) The letter was prepared by an environmental professional	37924
who was deemed to be a certified professional under division (D)	37925
of section 3746.07 of the Revised Code, but who does not comply	37926
with the criteria established in rules adopted under division	37927
(B)(5) of this section as determined pursuant to rules adopted	37928
under division (B)(5)(d) of this section.;	37929

(b) The letter was submitted fraudulently.;

37930

(c) The letter was prepared by a certified environmental	37931
professional whose certification subsequently was revoked in	37932
accordance with rules adopted under division (B)(5) of this	37933
section, or analyses were performed for the purposes of the no	37934
further action letter by a certified laboratory whose	37935
certification subsequently was revoked in accordance with rules	37936
adopted under division (B)(6) of this section.;	37937

(d) A covenant not to sue that was issued pursuant to the	37938
letter was revoked under this chapter.;	37939

(e) The letter was for a voluntary action that was conducted	37940
pursuant to a risk assessment in accordance with rules adopted	37941
under division (B)(2) of this section.;	37942

(f) The letter was for a voluntary action that included as	37943
remedial activities engineering controls or institutional controls	37944
or activity and use limitations authorized under section 3746.05	37945
of the Revised Code.	37946

The rules adopted under division (B)(9) of this section shall	37947
provide for random audits of no further action letters to which	37948
the rules adopted under divisions (B)(9)(a) to (f) of this section	37949
do not apply.	37950

(10) A classification system to characterize ground water	37951
according to its capability to be used for human use and its	37952
impact on the environment and a methodology that shall be used to	37953
determine when ground water that has become contaminated from	37954
sources on a property for which a covenant not to sue is requested	37955
under section 3746.11 of the Revised Code shall be remediated to	37956
the standards established in the rules adopted under division	37957
(B)(1) or (2) of this section.	37958

(a) In adopting rules under division (B)(10) of this section	37959
to characterize ground water according to its capability for human	37960
use, the director shall consider all of the following:	37961

(i) The presence of legally enforceable, reliable	37962
restrictions on the use of ground water, including, without	37963
limitation, local rules or ordinances;	37964

(ii) The presence of regional commingled contamination from	37965
multiple sources that diminishes the quality of ground water;	37966

(iii) The natural quality of ground water;

37967

(iv) Regional availability of ground water and reasonable	37968
alternative sources of drinking water;	37969

(v) The productivity of the aquifer;

37970

(vi) The presence of restrictions on the use of ground water	37971
implemented under this chapter and rules adopted under it;	37972

(vii) The existing use of ground water.

37973

(b) In adopting rules under division (B)(10) of this section	37974
to characterize ground water according to its impacts on the	37975
environment, the director shall consider both of the following:	37976

(i) The risks posed to humans, fauna, surface water,	37977
sediments, soil, air, and other resources by the continuing	37978
presence of contaminated ground water;	37979

(ii) The availability and feasibility of technology to remedy	37980
ground water contamination.	37981

(11) Governing the application for and issuance of variances	37982
under section 3746.09 of the Revised Code;	37983

(12)(a) In the case of voluntary actions involving	37984
contaminated ground water, specifying the circumstances under	37985
which the generic numerical clean-up standards established in	37986
rules adopted under division (B)(1) of this section and standards	37987
established through a risk assessment conducted pursuant to rules	37988
adopted under division (B)(2) of this section shall be	37989
inapplicable to the remediation of contaminated ground water and	37990
under which the standards for remediating contaminated ground	37991
water shall be established on a case-by-case basis prior to the	37992
commencement of the voluntary action pursuant to rules adopted	37993
under division (B)(12)(b) of this section;	37994

(b) Criteria and procedures for the case-by-case	37995
establishment of standards for the remediation of contaminated	37996
ground water under circumstances in which the use of the generic	37997
numerical clean-up standards and standards established through a	37998
risk assessment are precluded by the rules adopted under division	37999
(B)(12)(a) of this section. The rules governing the procedures for	38000
the case-by-case development of standards for the remediation of	38001
contaminated ground water shall establish application, public	38002
participation, adjudication, and appeals requirements and	38003
procedures that are equivalent to the requirements and procedures	38004
established in section 3746.09 of the Revised Code and rules	38005
adopted under division (B)(11) of this section, except that the	38006
procedural rules shall not require an applicant to make the	38007
demonstrations set forth in divisions (A)(1) to (3) of section	38008
3746.09 of the Revised Code.	38009

(13) A definition of the evidence that constitutes sufficient	38010
evidence for the purpose of division (A)(5) of section 3746.02 of	38011
the Revised Code.	38012

At least thirty days before filing the proposed rules	38013
required to be adopted under this section with the secretary of	38014
state, director of the legislative service commission, and joint	38015
committee on agency rule review in accordance with divisions (B)	38016
and (H) of section 119.03 of the Revised Code, the director of	38017
environmental protection shall hold at least one public meeting on	38018
the proposed rules in each of the five districts into which the	38019
agency has divided the state for administrative purposes.	38020

Sec. 3746.071. (A) As used in this section, "certified	38021
professional" means a certified professional deemed to be	38022
certified under division (D) of section 3746.07 of the Revised	38023
Code.	38024

(B) A certified professional shall do all of the following:

38025

(1) Protect the safety, health, and welfare of the public in	38026
the performance of ~~his~~ professional duties. If a circumstance	38027
arises where the certified professional faces a situation where	38028
the safety, health, or welfare of the public would not be	38029
protected, hethe certified professional shall do all of the	38030
following:	38031

(a) Sever ~~his~~the relationship with ~~his~~the certified	38032
professional's employer or client;	38033

(b) Refuse to accept responsibility for the design, report,	38034
or statement involved;	38035

(c) Notify the director of environmental protection if, in	38036
the opinion of the certified professional, the situation is	38037
sufficiently important.	38038

(2) Undertake to perform assignments only when hethe	38039
certified professional or ~~his~~the certified professional's	38040
consulting support is qualified by training and experience in the	38041
specific technical fields involved;	38042

(3) Be completely objective in any professional report,	38043
statement, or testimony. HeThe certified professional shall	38044
include all relevant and pertinent information in the report,	38045
statement, or testimony when the result of an omission would or	38046
reasonably could lead to a fallacious conclusion.	38047

(4) Express an opinion as a technical or expert witness	38048
before any court, commission, or other tribunal only when it is	38049
founded upon adequate knowledge of the facts in issue, upon a	38050
background of technical competence in the subject matter, and upon	38051
honest conviction of the accuracy and propriety of ~~his~~the	38052
testimony.	38053

(C) A certified professional shall not issue statements,	38054
criticisms, or arguments on matters connected with public policy	38055
that are inspired or paid for by an interested party, unless he	38056
the certified professional has prefaced ~~his~~the remarks by	38057
explicitly identifying ~~himself~~the certified professional, by	38058
disclosing the identity of the parties on whose behalf hethe	38059
certified professional is speaking, and by revealing the existence	38060
of any pecuniary interest hethe certified professional may have	38061
in the instant matters.	38062

(D)(1) A certified professional shall conscientiously avoid	38063
any conflict of interest with ~~his~~the certified professional's	38064
employer or client.	38065

(2) A certified professional promptly shall inform ~~his~~the	38066
certified professional's employer or client of any business	38067
association, interests, or circumstances that could influence ~~his~~	38068
the certified professional's judgment or the quality of ~~his~~the	38069
certified professional's service to ~~his~~the employer or client.	38070

(3) A certified professional shall not accept compensation,	38071
financial or otherwise, from more than one party for services on	38072
or pertaining to the same project, unless the circumstances are	38073
fully disclosed to, and agreed to, by all interested parties or	38074
their duly authorized agents.	38075

(4) A certified professional shall not solicit or accept	38076
financial or other valuable considerations from material or	38077
equipment suppliers for specifying their products.	38078

(5) A certified professional shall not solicit or accept	38079
gratuities, directly or indirectly, from contractors, their	38080
agents, or other parties dealing directly with ~~his~~the certified	38081
professional's employer or client in connection with the work for	38082
which hethe certified professional is responsible.	38083

(E)(1) A certified professional shall not pay, solicit, or	38084
offer, directly or indirectly, any bribe or commission for	38085
professional employment with the exception of ~~his~~ payment of the	38086
usual commission for securing salaried positions through licensed	38087
employment agencies.	38088

(2) A certified professional shall seek professional	38089
employment on the basis of qualification and competence for proper	38090
accomplishment of the work. A certified professional may submit	38091
proposed fee information prior to ~~his~~ selection to serve as a	38092
certified professional under this chapter and rules adopted under	38093
it.	38094

(3) A certified professional shall not falsify or permit	38095
misrepresentation of ~~his~~the certified professional's or ~~his~~the	38096
certified professional's associates' academic or professional	38097
qualifications. HeThe certified professional shall not	38098
misrepresent or exaggerate ~~his~~the certified professional's degree	38099
of responsibility in or for the subject matter of prior	38100
assignments.	38101

(4) Brochures or other presentations incident to the	38102
solicitation of employment by a certified professional shall not	38103
misrepresent pertinent facts concerning ~~his~~the certified	38104
professional's employers, employees, associates, or joint	38105
ventures, or ~~his or their~~the past accomplishments of any of them,	38106
with the intent and purpose of enhancing ~~his~~the certified	38107
professional's qualifications for ~~his~~the certified professional's	38108
work.	38109

(F)(1) A certified professional shall not sign or seal	38110
professional work for which hethe certified professional does not	38111
have personal professional knowledge and direct supervisory	38112
control and responsibility.	38113

(2) A certified professional shall not knowingly associate	38114
with, or permit the use of ~~his~~the certified professional's own	38115
name or ~~his firm's~~the name of the certified professional's firm	38116
in, a business venture by any person or firm that hethe certified	38117
professional knows, or has reason to believe, is engaging in	38118
business or professional practices of a fraudulent or dishonest	38119
nature.	38120

(3) If a certified professional has knowledge or reason to	38121
believe that another person or firm has violated any of the	38122
provisions of this chapter or any requirement of this section, he	38123
the certified professional shall present the information to the	38124
director in writing.	38125

(G) The director, in accordance with ~~Chapter 3745.~~rules	38126
adopted under section 3746.04 of the Revised Code, may suspend for	38127
a period of not more than five years or permanently revoke a	38128
certified professional's certification for a violation of or	38129
failure to comply with any requirement or obligation set forth in	38130
this section.	38131

Sec. 3748.07. (A) Every facility that proposes to handle	38132
radioactive material or radiation-generating equipment for which	38133
licensure or registration, respectively, by its handler is	38134
required shall apply in writing to the director of health on forms	38135
prescribed and provided by the director for licensure or	38136
registration. Terms and conditions of licenses and certificates of	38137
registration may be amended in accordance with rules adopted under	38138
section 3748.04 of the Revised Code or orders issued by the	38139
director pursuant to section 3748.05 of the Revised Code.	38140

(B) Until rules are adopted under section 3748.04 of the	38141
Revised Code, an application for a certificate of registration	38142
shall be accompanied by a biennial registration fee of two hundred	38143
eighteen dollars. On and after the effective date of those rules,	38144
an applicant for a license, registration certificate, or renewal	38145
of either shall pay the appropriate fee established in those	38146
rules.	38147

All fees collected under this section shall be deposited in	38148
the state treasury to the credit of the general operations fund	38149
created in section 3701.83 of the Revised Code. The fees shall be	38150
used solely to administer and enforce this chapter and rules	38151
adopted under it.	38152

Any fee required under this section that has not been paid	38153
within ninety days after the invoice date shall be assessed at two	38154
times the original invoiced fee. Any fee that has not been paid	38155
within one hundred eighty days after the invoice date shall be	38156
assessed at five times the original invoiced fee.	38157

(C) The director shall grant a license or registration to any	38158
applicant who has paid the required fee and is in compliance with	38159
this chapter and rules adopted under it.	38160

Until rules are adopted under section 3748.04 of the Revised	38161
Code, certificates of registration shall be effective for two	38162
years from the date of issuance. On and after the effective date	38163
of those rules, licenses and certificates of registration shall be	38164
effective for the applicable period established in those rules.	38165
Licenses and certificates of registration shall be renewed in	38166
accordance with the standard renewal procedure established in	38167
Chapter 4745. of the Revised Code.	38168

Sec. 3748.13. (A) The director of health shall inspect	38169
sources of radiation for which licensure or registration by the	38170
handler is required, and the sources' shielding and surroundings,	38171
according to the schedule established in rules adopted under	38172
division (D) of section 3748.04 of the Revised Code. In accordance	38173
with rules adopted under that section, the director shall inspect	38174
all records and operating procedures of handlers that install	38175
sources of radiation and all sources of radiation for which	38176
licensure of radioactive material or registration of	38177
radiation-generating equipment by the handler is required. The	38178
director may make other inspections upon receiving complaints or	38179
other evidence of violation of this chapter or rules adopted under	38180
it.	38181

The director shall require any hospital registered under	38182
division (A) of section 3701.07 of the Revised Code to develop and	38183
maintain a quality assurance program for all sources of	38184
radiation-generating equipment. A certified radiation expert shall	38185
conduct oversight and maintenance of the program and shall file a	38186
report of audits of the program with the director on forms	38187
prescribed by the director. The audit reports shall become part of	38188
the inspection record.	38189

(B) Until rules are adopted under division (A)(8) of section	38190
3748.04 of the Revised Code, a facility shall pay inspection fees	38191
according to the following schedule and categories:	38192

First dental x-ray tube	$ ~~118.00~~ 129.00	38193
Each additional dental x-ray tube at the same location	$ ~~59.00~~ 64.00	38194
First medical x-ray tube	$ ~~235.00~~ 256.00	38195
Each additional medical x-ray tube at the same location	$ ~~125.00~~ 136.00	38196
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$ ~~466.00~~ 508.00	38197
First nonionizing radiation-generating equipment of any kind	$ ~~235.00~~ 256.00	38198
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~125.00~~ 136.00	38199
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$ ~~291.00~~ 317.00	38200

Until rules are adopted under division (A)(8) of section	38201
3748.04 of the Revised Code, the fee for an inspection to	38202
determine whether violations cited in a previous inspection have	38203
been corrected is fifty per cent of the fee applicable under the	38204
schedule in this division. Until those rules are adopted, the fee	38205
for the inspection of a facility that is not licensed or	38206
registered and for which no license or registration application is	38207
pending at the time of inspection is three hundred ~~sixty-three~~	38208
ninety-five dollars plus the fee applicable under the schedule in	38209
this division.	38210

The director may conduct a review of shielding plans or the	38211
adequacy of shielding on the request of a licensee or registrant	38212
or an applicant for licensure or registration or during an	38213
inspection when the director considers a review to be necessary.	38214
Until rules are adopted under division (A)(8) of section 3748.04	38215
of the Revised Code, the fee for the review is ~~five~~six hundred	38216
~~eighty-three~~thirty-five dollars for each room where a source of	38217
radiation is used and is in addition to any other fee applicable	38218
under the schedule in this division.	38219

All fees shall be paid to the department of health no later	38220
than thirty days after the invoice for the fee is mailed. Fees	38221
shall be deposited in the general operations fund created in	38222
section 3701.83 of the Revised Code. The fees shall be used solely	38223
to administer and enforce this chapter and rules adopted under it.	38224

Any fee required under this section that has not been paid	38225
within ninety days after the invoice date shall be assessed at two	38226
times the original invoiced fee. Any fee that has not been paid	38227
within one hundred eighty days after the invoice date shall be	38228
assessed at five times the original invoiced fee.	38229

(C) If the director determines that a board of health of a	38230
city or general health district is qualified to conduct	38231
inspections of radiation-generating equipment, the director may	38232
delegate to the board, by contract, the authority to conduct such	38233
inspections. In making a determination of the qualifications of a	38234
board of health to conduct those inspections, the director shall	38235
evaluate the credentials of the individuals who are to conduct the	38236
inspections of radiation-generating equipment and the radiation	38237
detection and measuring equipment available to them for that	38238
purpose. If a contract is entered into, the board shall have the	38239
same authority to make inspections of radiation-generating	38240
equipment as the director has under this chapter and rules adopted	38241
under it. The contract shall stipulate that only individuals	38242
approved by the director as qualified shall be permitted to	38243
inspect radiation-generating equipment under the contract's	38244
provisions. The contract shall provide for such compensation for	38245
services as is agreed to by the director and the board of health	38246
of the contracting health district. The director may reevaluate	38247
the credentials of the inspection personnel and their radiation	38248
detecting and measuring equipment as often as the director	38249
considers necessary and may terminate any contract with the board	38250
of health of any health district that, in the director's opinion,	38251
is not satisfactorily performing the terms of the contract.	38252

(D) The director may enter at all reasonable times upon any	38253
public or private property to determine compliance with this	38254
chapter and rules adopted under it.	38255

Sec. 3770.061. There is hereby created in the state treasury	38256
the charitable gaming oversight fund. The state lottery commission	38257
shall credit to the fund any money it receives from the office of	38258
the attorney general under any agreement the commission and the	38259
office have entered into under division (I) of section 2915.08 of	38260
the Revised Code. The commission shall use money in the fund to	38261
provide oversight, licensing, and monitoring of charitable gaming	38262
activities in this state in accordance with the agreement and	38263
Chapter 2915. of the Revised Code. Not later than the first day of	38264
July of each fiscal year, or as soon as possible thereafter, the	38265
commission may certify to the office of budget and management any	38266
unobligated fund balances not necessary to be used under this	38267
section. The commission may request the office of budget and	38268
management to transfer these balances to the lottery profits	38269
education fund for use in accordance with section 3770.06 of the	38270
Revised Code.	38271

Sec. 3773.34. (A) The Ohio athletic commission shall adopt	38272
and may amend or rescind rules in accordance with Chapter 119. of	38273
the Revised Code, prescribing the conditions under which prize	38274
fights and public boxing or wrestling matches or exhibitions may	38275
be conducted, classifying professional boxers by weight, and	38276
providing for the administration of sections 3773.31 to 3773.57 of	38277
the Revised Code. The rules may require that an applicant for a	38278
contestant's license to participate in a public boxing match or	38279
exhibition take an HIV test, as defined in section 3701.24 of the	38280
Revised Code, before being issued the contestant's license and may	38281
require that a licensed contestant take such an HIV test before	38282
participating in a public boxing match or exhibition. The	38283
commission, or the commission's executive director when authorized	38284
by the commission, may issue, deny, suspend, or revoke permits to	38285
hold prize fights and public boxing or wrestling matches or	38286
exhibitions~~, and~~. The commission may issue, deny, suspend, or	38287
revoke licenses to persons engaged in any public boxing match or	38288
exhibition as authorized by sections 3773.31 to 3773.57 of the	38289
Revised Code.	38290

(B) In addition to the duties set forth in this chapter, the	38291
Ohio athletic commission shall take action as necessary to carry	38292
out the provisions of Chapter 4771. of the Revised Code governing	38293
athlete agents.	38294

(C) On or before the thirty-first day of December of each	38295
year, the commission shall make a report to the governor of its	38296
proceedings for the year ending on the first day of December of	38297
that calendar year, and may include in the report any	38298
recommendations pertaining to its duties.	38299

Sec. 3773.38. Each person who holds a promoter's license	38300
issued under section 3773.36 of the Revised Code who desires to	38301
conduct a public boxing or wrestling match or exhibition where one	38302
or more contests are to be held shall obtain a permit from the	38303
Ohio athletic commission or the commission's executive director	38304
when the executive director is authorized by the commission to	38305
issue those types of permits. Application for such a permit shall	38306
be made in writing and on forms prescribed by the commission,	38307
shall be filed with the commission, and shall be accompanied by	38308
the permit fee prescribed in section 3773.43 of the Revised Code.	38309

The application for a permit issued under this section shall	38310
include the date and starting time of the match or exhibition, the	38311
address of the place where the match or exhibition is to be held,	38312
the names of the contestants, the seating capacity of the building	38313
or hall where the exhibition is to be held, the admission charge	38314
or any other charges, the amount of compensation or the percentage	38315
of gate receipts to be paid to each contestant, the name and	38316
address of the applicant, a copy of the current official rules	38317
that govern the particular sport, and the serial number of the	38318
applicant's promoter's license.	38319

The commission, or the commission's executive director when	38320
authorized by the commission, may require the applicant to deposit	38321
with the commission before a public boxing match or exhibition a	38322
cash bond, certified check, bank draft, or surety bond in an	38323
amount equal to five per cent of the estimated gross receipts from	38324
the match or exhibition.	38325

Sec. 3773.39. (A) Upon receipt of an application for a	38326
permit to hold a public boxing or wrestling match or exhibition	38327
under section 3773.38 of the Revised Code, the Ohio athletic	38328
commission, or the commission's executive director when authorized	38329
by the commission, shall determine if the applicant holds a valid	38330
promoter's license issued pursuant to section 3773.36 of the	38331
Revised Code. Upon receipt of an application for a permit to hold	38332
a public boxing match or exhibition, the commission, or the	38333
commission's executive director when authorized by the commission,	38334
also shall determine if the contestants are evenly and fairly	38335
matched according to skill, experience, and weight so as to	38336
produce a fair and sportsmanlike contest, and whether the	38337
applicant is financially responsible and is able to pay to each	38338
contestant the compensation or percentage of the gate receipts	38339
named in the application. The commission, or the commission's	38340
executive director when authorized by the commission, may, if	38341
applicable, require the applicant to deposit with it within	38342
forty-eight hours before the match or exhibition the total	38343
compensation or estimated portion of gate receipts to be paid all	38344
contestants named in the application made under section 3773.38 of	38345
the Revised Code.	38346

(B) If the commission, or the commission's executive director	38347
when authorized by the commission, determines that the applicant	38348
has met all the requirements specified in division (A) of this	38349
section, itthe commission or executive director shall issue the	38350
applicant a permit to conduct the match or exhibition. If the	38351
applicant fails to deposit any compensation or portion of gate	38352
receipts required by the commission, or executive director before	38353
the first contest of the match or exhibition is held, the	38354
commission, or the commission's executive director when authorized	38355
by the commission, may revoke the permit and order the applicant	38356
not to conduct the match or exhibition described in the permit.	38357

(C) Each permit issued pursuant to this section shall bear	38358
the name and post office address of the applicant, the address of	38359
the place where the public boxing or wrestling match or exhibition	38360
is to be held, the date and starting time of the match or	38361
exhibition, and a serial number designated by the commission.	38362

A permit issued under this section shall allow the permit	38363
holder to conduct only the match or exhibition named in the	38364
permit. A permit is not transferable.	38365

Sec. 3773.40. No person who holds a promoter's license to	38366
conduct a public boxing match or exhibition under section 3773.36	38367
of the Revised Code shall:	38368

(A) Hold any match or exhibition at any time or place other	38369
than that stated on a permit issued under section 3773.38 of the	38370
Revised Code;	38371

(B) Allow any contestant to participate in the match or	38372
exhibition unless the contestant is the licensed contestant named	38373
in the application for such permit or a licensed contestant	38374
authorized to compete as a substitute for such a contestant by the	38375
inspector assigned to the facility where the match or exhibition	38376
is held for that match or exhibition;	38377

(C) Charge a higher admission price for a match or exhibition	38378
than that stated in the application;	38379

(D) Pay a greater compensation or percentage of the gate	38380
receipts to any contestant than that stated in the application.	38381

The Ohio athletic commission, or the commission's executive	38382
director when authorized by the commission, upon application by a	38383
holder of a permit under section 3773.38 of the Revised Code, may	38384
allow the permit holder to hold the match or exhibition for which	38385
the permit was issued at an alternative site that is within the	38386
same municipal corporation or township and that offers	38387
substantially similar seating facilities, or allow the permit	38388
holder to substitute contestants or seconds, provided that the	38389
substitute contestants are evenly matched with their opponents in	38390
skill, experience, and weight.	38391

Sec. 3773.57. The Ohio athletic commission and the	38392
commission's executive director shall not issue a license or	38393
permit to conduct public boxing or wrestling matches or	38394
exhibitions in a municipal corporation or the unincorporated	38395
portion of a township if the commission or the commission's	38396
executive director determines that the legislative authority of	38397
the municipal corporation or board of township trustees has in	38398
effect an ordinance or resolution prohibiting such matches or	38399
exhibitions.	38400

Sec. 3781.07. There is hereby established in the department	38401
of commerce a board of building standards consisting of ~~ten~~eleven	38402
members appointed by the governor with the advice and consent of	38403
the senate. The board shall appoint a secretary who shall serve in	38404
the unclassified civil service for a term of six years at a salary	38405
fixed pursuant to Chapter 124. of the Revised Code. The board may	38406
employ additional staff in the classified civil service. The	38407
secretary may be removed by the board under the rules the board	38408
adopts. Terms of office shall be for four years, commencing on the	38409
fourteenth day of October and ending on the thirteenth day of	38410
October. Each member shall hold office from the date of	38411
appointment until the end of the term for which the member was	38412
appointed. Any member appointed to fill a vacancy occurring prior	38413
to the expiration of the term for which the member's predecessor	38414
was appointed shall hold office for the remainder of such term.	38415
Any member shall continue in office subsequent to the expiration	38416
date of the member's term until the member's successor takes	38417
office, or until a period of sixty days has elapsed, whichever	38418
occurs first. One of the members appointed to the board shall be	38419
an attorney at law, admitted to the bar of this state; two shall	38420
be registered architects; two shall be professional engineers, one	38421
in the field of mechanical and one in the field of structural	38422
engineering, each of whom shall be duly licensed to practice such	38423
profession in this state; one shall be a person of recognized	38424
ability, broad training, and fifteen years experience in problems	38425
and practice incidental to the construction and equipment of	38426
buildings specified in section 3781.06 of the Revised Code; one	38427
shall be a person with recognized ability and experience in the	38428
manufacture and construction of industrialized units as defined in	38429
section 3781.06 of the Revised Code; one shall be a member of the	38430
fire service with recognized ability and broad training in the	38431
field of fire protection and suppression; one shall be a person	38432
with at least ten years of experience and recognized expertise in	38433
building codes and standards and the manufacture of construction	38434
materials; ~~and~~ one shall be a general contractor with experience	38435
in residential and commercial construction; and one, chosen from a	38436
list of three names the Ohio municipal league submits to the	38437
governor, shall be the mayor of a municipal corporation in which	38438
the Ohio residential and nonresidential building codes are being	38439
enforced in the municipal corporation by a certified building	38440
department. Each member of the board, not otherwise required to	38441
take an oath of office, shall take the oath prescribed by the	38442
constitution. Each member shall receive as compensation an amount	38443
fixed pursuant to division (J) of section 124.15 of the Revised	38444
Code, and shall receive actual and necessary expenses in the	38445
performance of official duties. The amount of such expenses shall	38446
be certified by the secretary of the board and paid in the same	38447
manner as the expenses of employees of the department of commerce	38448
are paid.	38449

Sec. 3781.10. (A)(1) The board of building standards shall	38450
formulate and adopt rules governing the erection, construction,	38451
repair, alteration, and maintenance of all buildings or classes of	38452
buildings specified in section 3781.06 of the Revised Code,	38453
including land area incidental to those buildings, the	38454
construction of industrialized units, the installation of	38455
equipment, and the standards or requirements for materials used in	38456
connection with those buildings. The board shall incorporate those	38457
rules into separate residential and nonresidential building codes.	38458
The standards shall relate to the conservation of energy and the	38459
safety and sanitation of those buildings.	38460

(2) The rules governing nonresidential buildings are the	38461
lawful minimum requirements specified for those buildings and	38462
industrialized units, except that no rule other than as provided	38463
in division (C) of section 3781.108 of the Revised Code that	38464
specifies a higher requirement than is imposed by any section of	38465
the Revised Code is enforceable. The rules governing residential	38466
buildings are uniform requirements for residential buildings in	38467
any area with a building department certified to enforce the state	38468
residential building code. In no case shall any local code or	38469
regulation differ from the state residential building code unless	38470
that code or regulation addresses subject matter not addressed by	38471
the state residential building code or is adopted pursuant to	38472
section 3781.01 of the Revised Code.	38473

(3) The rules adopted pursuant to this section are complete,	38474
lawful alternatives to any requirements specified for buildings or	38475
industrialized units in any section of the Revised Code. The board	38476
shall, on its own motion or on application made under sections	38477
3781.12 and 3781.13 of the Revised Code, formulate, propose,	38478
adopt, modify, amend, or repeal the rules to the extent necessary	38479
or desirable to effectuate the purposes of sections 3781.06 to	38480
3781.18 of the Revised Code.	38481

(B) The board shall report to the general assembly proposals	38482
for amendments to existing statutes relating to the purposes	38483
declared in section 3781.06 of the Revised Code that public health	38484
and safety and the development of the arts require and shall	38485
recommend any additional legislation to assist in carrying out	38486
fully, in statutory form, the purposes declared in that section.	38487
The board shall prepare and submit to the general assembly a	38488
summary report of the number, nature, and disposition of the	38489
petitions filed under sections 3781.13 and 3781.14 of the Revised	38490
Code.	38491

(C) On its own motion or on application made under sections	38492
3781.12 and 3781.13 of the Revised Code, and after thorough	38493
testing and evaluation, the board shall determine by rule that any	38494
particular fixture, device, material, process of manufacture,	38495
manufactured unit or component, method of manufacture, system, or	38496
method of construction complies with performance standards adopted	38497
pursuant to section 3781.11 of the Revised Code. The board shall	38498
make its determination with regard to adaptability for safe and	38499
sanitary erection, use, or construction, to that described in any	38500
section of the Revised Code, wherever the use of a fixture,	38501
device, material, method of manufacture, system, or method of	38502
construction described in that section of the Revised Code is	38503
permitted by law. The board shall amend or annul any rule or issue	38504
an authorization for the use of a new material or manufactured	38505
unit on any like application. No department, officer, board, or	38506
commission of the state other than the board of building standards	38507
or the board of building appeals shall permit the use of any	38508
fixture, device, material, method of manufacture, newly designed	38509
product, system, or method of construction at variance with what	38510
is described in any rule the board of building standards adopts or	38511
issues or that is authorized by any section of the Revised Code.	38512
Nothing in this section shall be construed as requiring approval,	38513
by rule, of plans for an industrialized unit that conforms with	38514
the rules the board of building standards adopts pursuant to	38515
section 3781.11 of the Revised Code.	38516

(D) The board shall recommend rules, codes, and standards to	38517
help carry out the purposes of section 3781.06 of the Revised Code	38518
and to help secure uniformity of state administrative rulings and	38519
local legislation and administrative action to the bureau of	38520
workers' compensation, the director of commerce, any other	38521
department, officer, board, or commission of the state, and to	38522
legislative authorities and building departments of counties,	38523
townships, and municipal corporations, and shall recommend that	38524
they audit those recommended rules, codes, and standards by any	38525
appropriate action that they are allowed pursuant to law or the	38526
constitution.	38527

(E)(1) The board shall certify municipal, township, and	38528
county building departments and the personnel of those building	38529
departments, and persons and employees of individuals, firms, or	38530
corporations as described in division (E)(7) of this section to	38531
exercise enforcement authority, to accept and approve plans and	38532
specifications, and to make inspections, pursuant to sections	38533
3781.03, 3791.04, and 4104.43 of the Revised Code.	38534

(2) The board shall certify departments, personnel, and	38535
persons to enforce the state residential building code, to enforce	38536
the nonresidential building code, or to enforce both the	38537
residential and the nonresidential building codes. Any department,	38538
personnel, or person may enforce only the type of building code	38539
for which certified.	38540

(3) The board shall not require a building department, its	38541
personnel, or any persons that it employs to be certified for	38542
residential building code enforcement if that building department	38543
does not enforce the state residential building code. The board	38544
shall specify, in rules adopted pursuant to Chapter 119. of the	38545
Revised Code, the requirements for certification for residential	38546
and nonresidential building code enforcement, which shall be	38547
consistent with this division. The requirements for residential	38548
and nonresidential certification may differ. Except as otherwise	38549
provided in this division, the requirements shall include, but are	38550
not limited to, the satisfactory completion of an initial	38551
examination and, to remain certified, the completion of a	38552
specified number of hours of continuing building code education	38553
within each three-year period following the date of certification	38554
which shall be not less than thirty hours. The rules shall provide	38555
that continuing education credits and certification issued by the	38556
council of American building officials, national model code	38557
organizations, and agencies or entities the board recognizes are	38558
acceptable for purposes of this division. The rules shall specify	38559
requirements that are compatible, to the extent possible, with	38560
requirements the council of American building officials and	38561
national model code organizations establish.	38562

(4) The board shall establish and collect a certification and	38563
renewal fee for building department personnel, and persons and	38564
employees of persons, firms, or corporations as described in this	38565
section, who are certified pursuant to this division.	38566

(5) Any individual certified pursuant to this division shall	38567
complete the number of hours of continuing building code education	38568
that the board requires or, for failure to do so, forfeit	38569
certification.	38570

(6) This division does not require or authorize the board to	38571
certify personnel of municipal, township, and county building	38572
departments, and persons and employees of persons, firms, or	38573
corporations as described in this section, whose responsibilities	38574
do not include the exercise of enforcement authority, the approval	38575
of plans and specifications, or making inspections under the state	38576
residential and nonresidential building codes.	38577

(7) Enforcement authority for approval of plans and	38578
specifications and enforcement authority for inspections may be	38579
exercised, and plans and specifications may be approved and	38580
inspections may be made on behalf of a municipal corporation,	38581
township, or county, by any of the following who the board of	38582
building standards certifies:	38583

(a) Officers or employees of the municipal corporation,	38584
township, or county;	38585

(b) Persons, or employees of persons, firms, or corporations,	38586
pursuant to a contract to furnish architectural or, engineering,	38587
or other services to the municipal corporation, township, or	38588
county;	38589

(c) Officers or employees of, and persons under contract	38590
with, a municipal corporation, township, county, health district,	38591
or other political subdivision, pursuant to a contract to furnish	38592
architectural or, engineering, or other services.	38593

(8) Municipal, township, and county building departments have	38594
jurisdiction within the meaning of sections 3781.03, 3791.04, and	38595
4104.43 of the Revised Code, only with respect to the types of	38596
buildings and subject matters for which they are certified under	38597
this section.	38598

(9) Certification shall be granted upon application by the	38599
municipal corporation, the board of township trustees, or the	38600
board of county commissioners and approval of that application by	38601
the board of building standards. The application shall set forth:	38602

(a) Whether the certification is requested for residential or	38603
nonresidential buildings, or both;	38604

(b) The number and qualifications of the staff composing the	38605
building department;	38606

(c) The names, addresses, and qualifications of persons,	38607
firms, or corporations contracting to furnish work or services	38608
pursuant to division (E)(7)(b) of this section;	38609

(d) The names of any other municipal corporation, township,	38610
county, health district, or political subdivision under contract	38611
to furnish work or services pursuant to division (E)(7) of this	38612
section;	38613

(e) The proposed budget for the operation of the building	38614
department.	38615

(10) The board of building standards shall adopt rules	38616
governing all of the following:	38617

(a) The certification of building department personnel and	38618
persons and employees of persons, firms, or corporations	38619
exercising authority pursuant to division (E)(7) of this section.	38620
The rules shall disqualify any employee of the department or	38621
person who contracts for services with the department from	38622
performing services for the department when that employee or	38623
person would have to pass upon, inspect, or otherwise exercise	38624
authority over any labor, material, or equipment the employee or	38625
person furnishes for the construction, alteration, or maintenance	38626
of a building or the preparation of working drawings or	38627
specifications for work within the jurisdictional area of the	38628
department. The department shall provide other similarly qualified	38629
personnel to enforce the residential and nonresidential building	38630
codes as they pertain to that work.	38631

(b) The minimum services to be provided by a certified	38632
building department.	38633

(11) The board of building standards may revoke or suspend	38634
certification to enforce the residential and nonresidential	38635
building codes, on petition to the board by any person affected by	38636
that enforcement or approval of plans, or by the board on its own	38637
motion. Hearings shall be held and appeals permitted on any	38638
proceedings for certification or revocation or suspension of	38639
certification in the same manner as provided in section 3781.101	38640
of the Revised Code for other proceedings of the board of building	38641
standards.	38642

(12) Upon certification, and until that authority is revoked,	38643
any county or township building department shall enforce the	38644
residential and nonresidential building codes for which it is	38645
certified without regard to limitation upon the authority of	38646
boards of county commissioners under Chapter 307. of the Revised	38647
Code or boards of township trustees under Chapter 505. of the	38648
Revised Code.	38649

(F) In addition to hearings sections 3781.06 to 3781.18 and	38650
3791.04 of the Revised Code require, the board of building	38651
standards shall make investigations and tests, and require from	38652
other state departments, officers, boards, and commissions	38653
information the board considers necessary or desirable to assist	38654
it in the discharge of any duty or the exercise of any power	38655
mentioned in this section or in sections 3781.06 to 3781.18,	38656
3791.04, and 4104.43 of the Revised Code.	38657

(G) The board shall adopt rules and establish reasonable fees	38658
for the review of all applications submitted where the applicant	38659
applies for authority to use a new material, assembly, or product	38660
of a manufacturing process. The fee shall bear some reasonable	38661
relationship to the cost of the review or testing of the	38662
materials, assembly, or products and for the notification of	38663
approval or disapproval as provided in section 3781.12 of the	38664
Revised Code.	38665

(H) The residential construction advisory committee shall	38666
provide the board with a proposal for a state residential building	38667
code that the committee recommends pursuant to division (C)(1) of	38668
section 4740.14 of the Revised Code. Upon receiving a	38669
recommendation from the committee that is acceptable to the board,	38670
the board shall adopt rules establishing that code as the state	38671
residential building code.	38672

(I) The board shall cooperate with the director of job and	38673
family services when the director promulgates rules pursuant to	38674
section 5104.05 of the Revised Code regarding safety and	38675
sanitation in type A family day-care homes.	38676

(J) The board shall adopt rules to implement the requirements	38677
of section 3781.108 of the Revised Code.	38678

Sec. 3781.102. (A) Any county or municipal building	38679
department certified pursuant to division (E) of section 3781.10	38680
of the Revised Code as of September 14, 1970, and that, as of that	38681
date, was inspecting single-family, two-family, and three-family	38682
residences, and any township building department certified	38683
pursuant to division (E) of section 3781.10 of the Revised Code,	38684
is hereby declared to be certified to inspect single-family,	38685
two-family, and three-family residences containing industrialized	38686
units, and shall inspect the buildings or classes of buildings	38687
subject to division (E) of section 3781.10 of the Revised Code.	38688

(B) Each board of county commissioners may adopt, by	38689
resolution, rules establishing standards and providing for the	38690
licensing of electrical and heating, ventilating, and air	38691
conditioning contractors who are not required to hold a valid and	38692
unexpired license pursuant to Chapter 4740. of the Revised Code.	38693

Rules adopted by a board of county commissioners pursuant to	38694
this division may be enforced within the unincorporated areas of	38695
the county and within any municipal corporation where the	38696
legislative authority of the municipal corporation has contracted	38697
with the board for the enforcement of the county rules within the	38698
municipal corporation pursuant to section 307.15 of the Revised	38699
Code. The rules shall not conflict with rules adopted by the board	38700
of building standards pursuant to section 3781.10 of the Revised	38701
Code or by the department of commerce pursuant to Chapter 3703. of	38702
the Revised Code. This division does not impair or restrict the	38703
power of municipal corporations under Section 3 of Article XVIII,	38704
Ohio Constitution, to adopt rules concerning the erection,	38705
construction, repair, alteration, and maintenance of buildings and	38706
structures or of establishing standards and providing for the	38707
licensing of specialty contractors pursuant to section 715.27 of	38708
the Revised Code.	38709

A board of county commissioners, pursuant to this division,	38710
may require all electrical contractors and heating, ventilating,	38711
and air conditioning contractors, other than those who hold a	38712
valid and unexpired license issued pursuant to Chapter 4740. of	38713
the Revised Code, to successfully complete an examination, test,	38714
or demonstration of technical skills, and may impose a fee and	38715
additional requirements for a license to engage in their	38716
respective occupations within the jurisdiction of the board's	38717
rules under this division.	38718

(C) No board of county commissioners shall require any	38719
specialty contractor who holds a valid and unexpired license	38720
issued pursuant to Chapter 4740. of the Revised Code to	38721
successfully complete an examination, test, or demonstration of	38722
technical skills in order to engage in the type of contracting for	38723
which the license is held, within the unincorporated areas of the	38724
county and within any municipal corporation whose legislative	38725
authority has contracted with the board for the enforcement of	38726
county regulations within the municipal corporation, pursuant to	38727
section 307.15 of the Revised Code.	38728

(D) A board may impose a fee for registration of a specialty	38729
contractor who holds a valid and unexpired license issued pursuant	38730
to Chapter 4740. of the Revised Code before that specialty	38731
contractor may engage in the type of contracting for which the	38732
license is held within the unincorporated areas of the county and	38733
within any municipal corporation whose legislative authority has	38734
contracted with the board for the enforcement of county	38735
regulations within the municipal corporation, pursuant to section	38736
307.15 of the Revised Code, provided that the fee is the same for	38737
all specialty contractors who wish to engage in that type of	38738
contracting. If a board imposes such a fee, the board immediately	38739
shall permit a specialty contractor who presents proof of holding	38740
a valid and unexpired license and pays the required fee to engage	38741
in the type of contracting for which the license is held within	38742
the unincorporated areas of the county and within any municipal	38743
corporation whose legislative authority has contracted with the	38744
board for the enforcement of county regulations within the	38745
municipal corporation, pursuant to section 307.15 of the Revised	38746
Code.	38747

(E) The political subdivision associated with each municipal,	38748
township, and county building department the board of building	38749
standards certifies pursuant to division (E) of section 3781.10 of	38750
the Revised Code may prescribe fees to be paid by persons,	38751
political subdivisions, or any department, agency, board,	38752
commission, or institution of the state, for the acceptance and	38753
approval of plans and specifications, and for the making of	38754
inspections, pursuant to sections 3781.03 and 3791.04 of the	38755
Revised Code.	38756

(F) Each political subdivision that prescribes fees pursuant	38757
to division (E) of this section shall collect, on behalf of the	38758
board of building standards, fees equal to the following:	38759

(1) Three per cent of the fees the political subdivision	38760
collects in connection with nonresidential buildings;	38761

(2) One per cent of the fees the political subdivision	38762
collects in connection with residential buildings.	38763

(G)(1) The board shall adopt rules, in accordance with	38764
Chapter 119. of the Revised Code, specifying the manner in which	38765
the fee assessed pursuant to division (F) of this section shall be	38766
collected and remitted monthly to the board. The board shall pay	38767
the fees into the state treasury to the credit of the industrial	38768
compliance operating fund created in section 121.084 of the	38769
Revised Code.	38770

(2) All money credited to the industrial compliance operating	38771
fund under this division shall be used exclusively for the	38772
following:	38773

(a) Operating costs of the board;

38774

(b) Providing services, including educational programs, for	38775
the building departments that are certified by the board pursuant	38776
to division (E) of section 3781.10 of the Revised Code;	38777

(c) Paying the expenses of the residential construction	38778
advisory committee, including the expenses of committee members as	38779
provided in section 4740.14 of the Revised Code.	38780

(H) A board of county commissioners that adopts rules	38781
providing for the licensing of electrical and heating,	38782
ventilating, and air conditioning contractors, pursuant to	38783
division (B) of this section, may accept, for purposes of	38784
satisfying the requirements of rules adopted under that division,	38785
a valid and unexpired license issued pursuant to Chapter 4740. of	38786
the Revised Code that is held by an electrical or heating,	38787
ventilating, and air conditioning contractor, for the	38788
construction, replacement, maintenance, or repair of one-family,	38789
two-family, or three-family dwelling houses or accessory	38790
structures incidental to those dwelling houses.	38791

(I) A board of county commissioners shall not register a	38792
specialty contractor who is required to hold a license under	38793
Chapter 4740. of the Revised Code but does not hold a valid	38794
license issued under that chapter.	38795

(J) As used in this section, "specialty contractor" means a	38796
heating, ventilating, and air conditioning contractor,	38797
refrigeration contractor, electrical contractor, plumbing	38798
contractor, or hydronics contractor, as those contractors are	38799
described in Chapter 4740. of the Revised Code.	38800

Sec. 3781.191. The Ohio board of building appeals has no	38801
authority to hear any case based on the Ohio residential building	38802
code or to grant any variance to the Ohio residential building	38803
code.	38804

Sec. 3793.09. (A) There is hereby created the council on	38805
alcohol and drug addiction services which shall consist of the	38806
public officials specified in division (B) of this section, or	38807
their designees, and thirteen members appointed by the governor	38808
with the advice and consent of the senate. The members appointed	38809
by the governor shall be representatives of the following: boards	38810
of alcohol, drug addiction, and mental health services; the	38811
criminal and juvenile justice systems; and alcohol and drug	38812
addiction programs. At least four of the appointed members shall	38813
be persons who have received or are receiving alcohol or drug	38814
addiction services or are parents or other relatives of such	38815
persons; of these at least two shall be women and at least one	38816
shall be a member of a minority group.	38817

The governor shall make initial appointments to the council	38818
not later than thirty days after October 10, 1989. Of the initial	38819
appointments, six shall be for terms ending July 31, 1991, and	38820
seven shall be for terms ending July 31, 1992. Thereafter, terms	38821
of office shall be two years, with each term ending on the same	38822
day of the same month as the term it succeeds. Each member shall	38823
hold office from the date of the member's appointment until the	38824
end of the term for which the member was appointed. Members may be	38825
reappointed. Vacancies shall be filled in the same manner as	38826
original appointments. Any member appointed to fill a vacancy	38827
occurring prior to the expiration of the term for which the	38828
member's predecessor was appointed shall hold office as a member	38829
for the remainder of the term. A member shall continue in office	38830
subsequent to the expiration of the member's term until the	38831
member's successor takes office or until a period of sixty days	38832
has elapsed, whichever occurs first.	38833

(B) The directors of health, public safety, mental health,	38834
rehabilitation and correction, and youth services; the	38835
superintendents of public instruction and liquor control; the	38836
attorney general; the adjutant general; and the executive director	38837
of the ~~office~~division of criminal justice services in the	38838
department of public safety shall be voting members of the	38839
council, except that any of these officials may designate an	38840
individual to serve in the official's place as a voting member of	38841
the council. The director of alcohol and drug addiction services	38842
shall serve as a nonvoting member of the council.	38843

(C) The governor shall annually appoint a ~~chairman~~	38844
chairperson from among the members of the council. The council	38845
shall meet quarterly and at other times the ~~chairman~~chairperson	38846
considers necessary. In addition to other duties specified in this	38847
chapter, the council shall review the development of the	38848
comprehensive statewide plan for alcohol and drug addiction	38849
services, revisions of the plan, and other actions taken to	38850
implement the purposes of this chapter by the department of	38851
alcohol and drug addiction services and shall act as an advisory	38852
council to the director of alcohol and drug addiction services.	38853

(D) Members of the council shall serve without compensation,	38854
but shall be paid actual and necessary expenses incurred in the	38855
performance of their duties.	38856

Sec. 3901.021. (A) Three-fourths of all appointment and	38857
other fees collected under section 3905.10,and division (B) of	38858
section 3905.20~~, and division (A)(6) of section 3905.40~~ of the	38859
Revised Code shall be paid into the state treasury to the credit	38860
of the department of insurance operating fund, which is hereby	38861
created. The remaining one-fourth shall be credited to the general	38862
revenue fund. ~~All~~Other revenues collected by the superintendent	38863
of insurance, such as registration fees for sponsored seminars or	38864
conferences and grants from private entities, shall be paid into	38865
the state treasury to the credit of the department of insurance	38866
operating fund.	38867

(B) Seven-tenths of all fees collected under divisions	38868
(A)(2), (A)(3), and (A)(6) of section 3905.40 of the Revised Code	38869
shall be paid into the state treasury to the credit of the	38870
department of insurance operating fund. The remaining three-tenths	38871
shall be credited to the general revenue fund.	38872

(C) All operating expenses of the department of insurance	38873
except those expenses defined under section 3901.07 of the Revised	38874
Code shall be paid from the department of insurance operating	38875
fund.	38876

Sec. 3901.17. (A) As used in this section:

38877

(1) "Captive insurer" has the meaning defined in section	38878
3905.36 of the Revised Code.	38879

(2) "Insurer" includes, but is not limited to, any person	38880
that is an affiliate of or affiliated with the insurer, as defined	38881
in division (A) of section 3901.32 of the Revised Code, and any	38882
person that is a subsidiary of the insurer as defined in division	38883
(F) of section 3901.32 of the Revised Code.	38884

~~(2)~~(3) "Laws of this state relating to insurance" has the	38885
meaning defined in division (A)(1) of section 3901.04 of the	38886
Revised Code.	38887

~~(3)~~(4) "Person" has the meaning defined in division (A) of	38888
section 3901.19 of the Revised Code.	38889

(B) Any of the following acts in this state, effected by mail	38890
or otherwise, by any foreign or alien insurer not authorized to	38891
transact business within this state, any nonresident person acting	38892
on behalf of an insurer, or any nonresident insurance agent	38893
subjects the insurer, person, or agent to the exercise of personal	38894
jurisdiction over the insurer, person, or agent to the extent	38895
permitted by the constitutions of this state and of the United	38896
States:	38897

(1) Issuing or delivering contracts of insurance to residents	38898
of this state or to corporations authorized to do business	38899
therein;	38900

(2) Making or proposing to make any insurance contracts;

38901

(3) Soliciting, taking, or receiving any application for	38902
insurance;	38903

(4) Receiving or collecting any premium, commission,	38904
membership fee, assessment, dues, or other consideration for any	38905
insurance contract or any part thereof;	38906

(5) Disseminating information as to coverage or rates,	38907
forwarding applications, inspecting risks, fixing rates,	38908
investigating or adjusting claims or losses, transacting any	38909
matters subsequent to effecting a contract of insurance and	38910
arising out of it;	38911

(6) Doing any kind of business recognized as constituting the	38912
doing of an insurance business under Title XXXIX of the Revised	38913
Code or subject to regulation by the superintendent of insurance	38914
under the laws of this state relating to insurance.	38915

Any such act shall be considered to be the doing of an	38916
insurance business in this state by such insurer, person, or agent	38917
and shall be its agreement that service of any lawful subpoena,	38918
notice, order, or process is of the same legal force and validity	38919
as personal service of the subpoena, notice, order, or process in	38920
this state upon the insurer, person, or agent.	38921

(C) Service of process in judicial proceedings shall be as	38922
provided by the Rules of Civil Procedure. Service in or out of	38923
this state of notice, orders, or subpoenas in administrative	38924
proceedings before the superintendent shall be as provided in	38925
section 3901.04 of the Revised Code.	38926

(D) Service of any notice, order, subpoena, or process in any	38927
such action, suit, or proceeding shall, in addition to the manner	38928
provided in division (C) of this section, be valid if served upon	38929
any person within this state who, in this state on behalf of such	38930
insurer, person, or agent is or has been:	38931

(1) Soliciting, procuring, effecting, or negotiating for	38932
insurance;	38933

(2) Making, issuing, or delivering any contract of insurance;

38934

(3) Collecting or receiving any premium, membership fees,	38935
assessment, dues, or other consideration for insurance;	38936

(4) Disseminating information as to coverage or rates,	38937
forwarding applications, inspecting risks, fixing rates,	38938
investigating or adjusting claims or losses, or transacting any	38939
matters subsequent to effecting a contract of insurance and	38940
arising out of it.	38941

(E) Nothing in this section shall limit or abridge the right	38942
to serve any subpoena, order, process, notice, or demand upon any	38943
insurer, person, or agent in any other manner permitted by law.	38944

(F) Every person investigating or adjusting any loss or claim	38945
under a policy of insurance not excepted under division (I) of	38946
this section and issued by any such insurer and covering a subject	38947
of insurance that was resident, located, or to be performed in	38948
this state at the time of issuance shall immediately report the	38949
policy to the superintendent.	38950

(G) Each such insurer that does any of the acts set forth in	38951
division (B) of this section in this state by mail or otherwise	38952
shall be subject to a tax of five per cent on the gross premiums,	38953
membership fees, assessments, dues, and other considerations	38954
received on all contracts of insurance covering subjects of	38955
insurance resident, located, or to be performed within this state.	38956
Such insurer shall annually, on or before the first day of July,	38957
pay such tax to the treasurer of state, as calculated on a form	38958
prescribed by the treasurer of state. If the tax is not paid when	38959
due, the tax shall be increased by a penalty of twenty-five per	38960
cent. An interest charge computed as set forth in section 5725.221	38961
of the Revised Code shall be made on the entire sum of the tax	38962
plus penalty, which interest shall be computed from the date the	38963
tax is due until it is paid. The treasurer of state shall	38964
determine and report all claims for penalties and interest	38965
accruing under this section to the attorney general for	38966
collection.	38967

For purposes of this division, payment is considered made	38968
when it is received by the treasurer of state, irrespective of any	38969
United States postal service marking or other stamp or mark	38970
indicating the date on which the payment may have been mailed.	38971

(H) No contract of insurance effected in this state by mail	38972
or otherwise by any such insurer is enforceable by the insurer.	38973

(I) This section does not apply to:

38974

(1) Insurance obtained pursuant to sections 3905.30 to	38975
3905.36 of the Revised Code;	38976

(2) The transaction of reinsurance by insurers;

38977

(3) Transactions in this state involving a policy solicited,	38978
written, and delivered outside this state covering only subjects	38979
of insurance not resident, located, or to be performed in this	38980
state at the time of issuance, provided such transactions are	38981
subsequent to the issuance of the policy;	38982

(4) Transactions in this state involving a policy of group	38983
life or group accident and sickness insurance solicited, written,	38984
and delivered outside this state;	38985

(5) Transactions involving contracts of insurance	38986
independently procured through negotiations occurring entirely	38987
outside this state which are reported to the superintendent and	38988
with respect to which the tax provided by section 3905.36 of the	38989
Revised Code is paid;	38990

(6) An attorney at law acting on behalf of the attorney's	38991
clients in the adjustment of claims or losses;	38992

(7) ~~Any~~Except as provided in division (G) of this section,	38993
any insurance company underwriter issuing contracts of insurance	38994
to employer insureds or contracts of insurance issued to an	38995
employer insured. For purposes of this section, an "employer	38996
insured" is an insured to whom all of the following apply:	38997

(a) The insured procures the insurance of any risk or risks	38998
by use of the services of a full-time employee acting as an	38999
insurance manager or buyer or the services of a regularly and	39000
continuously qualified insurance consultant. As used in division	39001
(I)(7)(a) of this section, a "regularly and continuously qualified	39002
insurance consultant" does not include any person licensed under	39003
Chapter 3905. of the Revised Code.	39004

(b) The insured's aggregate annual premiums for insurance on	39005
all risks total at least twenty-five thousand dollars; and	39006

39007

(8) Ocean marine insurance;

39008

(9) Transactions involving policies issued by a captive	39009
insurer.	39010

Sec. 3901.78. ~~Upon the filing of each of its annual~~	39011
~~statements, or as soon thereafter as practicable, the~~	39012
~~superintendent of insurance shall issue to each insurance company~~	39013
~~or association authorized to do business in this state but not~~	39014
~~incorporated under the laws of this state a certificate of~~	39015
~~compliance, an original of which must be published in accordance~~	39016
~~with section 3901.781 of the Revised Code in every county where~~	39017
~~the insurance company or association has an agency.~~ Upon request	39018
or in any other circumstance that the superintendent of insurance	39019
determines to be appropriate, the superintendent may issue ~~other~~	39020
certificates of compliance~~, which certificates are not subject to~~	39021
~~section 3901.781 of the Revised Code,~~ to insurance companies and	39022
associations authorized to do business in this state~~. Certificates~~	39023
~~of compliance either must~~, which shall be on either forms	39024
established by the national association of insurance commissioners	39025
or on such other forms as the superintendent may prescribe.	39026

Sec. 3903.14. (A) The superintendent of insurance as	39027
rehabilitator may appoint one or more special deputies, who shall	39028
have all the powers and responsibilities of the rehabilitator	39029
granted under this section, and the superintendent may employ such	39030
clerks and assistants as considered necessary. The compensation of	39031
the special deputies, clerks, and assistants and all expenses of	39032
taking possession of the insurer and of conducting the proceedings	39033
shall be fixed by the superintendent, with the approval of the	39034
court and shall be paid out of the funds or assets of the insurer.	39035
The persons appointed under this section shall serve at the	39036
pleasure of the superintendent. In the event that the property of	39037
the insurer does not contain sufficient cash or liquid assets to	39038
defray the costs incurred, the superintendent may advance the	39039
costs so incurred out of any appropriation for the maintenance of	39040
the department of insurance. Any amounts so advanced for expenses	39041
of administration shall be repaid to the superintendent for the	39042
use of the department out of the first available money of the	39043
insurer.	39044

(B) The rehabilitator may take such action as hethe	39045
rehabilitator considers necessary or appropriate to reform and	39046
revitalize the insurer. HeThe rehabilitator shall have all the	39047
powers of the directors, officers, and managers, whose authority	39048
shall be suspended, except as they are redelegated by the	39049
rehabilitator. HeThe rehabilitator shall have full power to	39050
direct and manage, to hire and discharge employees subject to any	39051
contract rights they may have, and to deal with the property and	39052
business of the insurer.	39053

(C) If it appears to the rehabilitator that there has been	39054
criminal or tortious conduct, or breach of any contractual or	39055
fiduciary obligation detrimental to the insurer by any officer,	39056
manager, agent, director, trustee, broker, employee, or other	39057
person, hethe rehabilitator may pursue all appropriate legal	39058
remedies on behalf of the insurer.	39059

(D) If the rehabilitator determines that reorganization,	39060
consolidation, conversion, reinsurance, merger, or other	39061
transformation of the insurer is appropriate, hethe rehabilitator	39062
shall prepare a plan to effect such changes. Upon application of	39063
the rehabilitator for approval of the plan, and after such notice	39064
and hearings as the court may prescribe, the court may either	39065
approve or disapprove the plan proposed, or may modify it and	39066
approve it as modified. Any plan approved under this section shall	39067
be, in the judgment of the court, fair and equitable to all	39068
parties concerned. If the plan is approved, the rehabilitator	39069
shall carry out the plan. In the case of a life insurer, the plan	39070
proposed may include the imposition of liens upon the policies of	39071
the company, if all rights of shareholders are first relinquished.	39072
A plan for a life insurer may also propose imposition of a	39073
moratorium upon loan and cash surrender rights under policies, for	39074
such period and to such an extent as may be necessary.	39075

(E) In the case of a medicaid health insuring corporation	39076
that has posted a bond or deposited securities in accordance with	39077
section 1751.271 of the Revised Code, the plan proposed under	39078
division (D) of this section may include the use of the proceeds	39079
of the bond or securities to first pay the claims of contracted	39080
providers for covered health care services provided to medicaid	39081
recipients, then next to pay other claimants with any remaining	39082
funds, consistent with the priorities set forth in sections	39083
3903.421 and 3903.42 of the Revised Code.	39084

(F) The rehabilitator shall have the power under sections	39085
3903.26 and 3903.27 of the Revised Code to avoid fraudulent	39086
transfers.	39087

(G) As used in this section:

39088

(1) "Contracted provider" means a provider with a contract	39089
with a medicaid health insuring corporation to provide covered	39090
health care services to medicaid recipients.	39091

(2) "Medicaid recipient" means a person eligible for	39092
assistance under the medicaid program operated pursuant to Chapter	39093
5111. of the Revised Code.	39094

Sec. 3903.42. The priority of distribution of claims from	39095
the insurer's estate shall be in accordance with the order in	39096
which each class of claims is set forth in this section. Every	39097
claim in each class shall be paid in full or adequate funds	39098
retained for such payment before the members of the next class	39099
receive any payment. No subclasses shall be established within any	39100
class. The order of distribution of claims shall be:	39101

(A) Class 1. The costs and expenses of administration,	39102
including but not limited to the following:	39103

(1) The actual and necessary costs of preserving or	39104
recovering the assets of the insurer;	39105

(2) Compensation for all services rendered in the	39106
liquidation;	39107

(3) Any necessary filing fees;

39108

(4) The fees and mileage payable to witnesses;

39109

(5) Reasonable attorney's fees;

39110

(6) The reasonable expenses of a guaranty association or	39111
foreign guaranty association in handling claims.	39112

(B) Class 2. All claims under policies for losses incurred,	39113
including third party claims, all claims against a health insuring	39114
corporation by the corporation's contracted providers, all claims	39115
against the insurer for liability for bodily injury or for injury	39116
to or destruction of tangible property that are not under	39117
policies, and all claims of a guaranty association or foreign	39118
guaranty association. All claims under life insurance and annuity	39119
policies, whether for death proceeds, annuity proceeds, or	39120
investment values, shall be treated as loss claims. That portion	39121
of any loss, indemnification for which is provided by other	39122
benefits or advantages recovered by the claimant, shall not be	39123
included in this class, other than benefits or advantages	39124
recovered or recoverable in discharge of familial obligations of	39125
support or by way of succession at death or as proceeds of life	39126
insurance, or as gratuities. No payment by an employer to an	39127
employee shall be treated as a gratuity. Claims under	39128
nonassessable policies for unearned premium or other premium	39129
refunds.	39130

39131

(D) Class 4. Debts due to employees for services performed to	39132
the extent that they do not exceed one thousand dollars and	39133
represent payment for services performed within one year before	39134
the filing of the complaint for liquidation. Officers and	39135
directors shall not be entitled to the benefit of this priority.	39136
Such priority shall be in lieu of any other similar priority that	39137
may be authorized by law as to wages or compensation of employees.	39138

(E) Class 5. Claims of general creditors.

39139

(F) Class 6. Claims of any state or local government. Claims,	39140
including those of any state or local governmental body for a	39141
penalty or forfeiture, shall be allowed in this class only to the	39142
extent of the pecuniary loss sustained from the act, transaction,	39143
or proceeding out of which the penalty or forfeiture arose, with	39144
reasonable and actual costs occasioned thereby. The remainder of	39145
such claims shall be postponed to the class of claims under	39146
division (I) of this section.	39147

(G) Class 7. Claims filed late or any other claims other than	39148
claims under divisions (H) and (I) of this section.	39149

(H) Class 8. Surplus or contribution notes, or similar	39150
obligations, and premium refunds on assessable policies. Payments	39151
to members of domestic mutual insurance companies shall be limited	39152
in accordance with law.	39153

(I) Class 9. The claims of shareholders or other owners.

39154

If any provision of this section or the application of any	39155
provision of this section to any person or circumstance is held	39156
invalid, the invalidity does not affect other provisions or	39157
applications of this section, and to this end the provisions are	39158
severable.	39159

Sec. 3903.421. (A) Notwithstanding section 3903.42 of the	39160
Revised Code, both of the following apply to medicaid health	39161
insuring corporation performance bonds and securities:	39162

(1) Proceeds from the bond issued or securities held pursuant	39163
to section 1751.271 of the Revised Code that have been paid to or	39164
deposited with the department of insurance shall be considered	39165
special deposits for purposes of satisfying claims of contracted	39166
providers for covered health care services provided to medicaid	39167
recipients;	39168

(2) Contracted providers that have claims against a health	39169
insuring corporation for covered health care services provided to	39170
medicaid recipients shall be given first priority against the	39171
proceeds of the bond or securities held pursuant to section	39172
1751.27 of the Revised Code, to the exclusion of other creditors,	39173
except as provided for in this section.	39174

(B) If the amount of the proceeds of the bond or securities	39175
are not sufficient to satisfy all of the allowed claims of	39176
contracted providers for covered health care services provided to	39177
medicaid recipients, payment shall proceed as follows:	39178

(1) Contracted providers shall share in the proceeds of the	39179
bond or securities pro rata based on the allowed amount of the	39180
providers' claims against the health insuring corporation for	39181
covered health care services provided to medicaid recipients;	39182

(2) After payments are made under division (B)(1) of this	39183
section, the net unpaid balance of the claims of contracted	39184
providers shall be allowed for payment from the general assets of	39185
the estate in accordance with the priorities set forth in section	39186
3903.42 of the Revised Code.	39187

(C) If the amount of the proceeds of the bond or securities	39188
exceeds the allowed claims of contracted providers for covered	39189
health care services provided to medicaid recipients, the excess	39190
amount shall be considered a general asset of the health insuring	39191
corporation's estate to be distributed to other claimants in	39192
accordance with the priorities set forth in section 3903.42 of the	39193
Revised Code.	39194

(D) As used in this section:

39195

(1) "Contracted provider" means a provider with a contract	39196
with a medicaid health insuring corporation to provide covered	39197
health care services to medicaid recipients.	39198

(2) "Medicaid recipient" means a person eligible for	39199
assistance under the medicaid program operated pursuant to Chapter	39200
5111. of the Revised Code.	39201

Sec. 3905.04. (A) Except as otherwise provided in section	39202
3905.041 of the Revised Code, a resident individual applying for	39203
an insurance agent license for any of the lines of authority	39204
described in division (B) of this section shall take a written	39205
examination. The examination shall test the knowledge of the	39206
individual with respect to the lines of authority for which	39207
application is made, the duties and responsibilities of an	39208
insurance agent, and the insurance laws of this state. Before	39209
admission to the examination, each individual shall pay the	39210
nonrefundable fee required under division ~~(D)~~(C) of section	39211
3905.40 of the Revised Code.	39212

(B) The examination described in division (A) of this section	39213
shall be required for the following lines of authority:	39214

(1) Any of the lines of authority set forth in divisions	39215
(B)(1) to (6) of section 3905.06 of the Revised Code;	39216

(2) Title insurance;

39217

(3) Surety bail bonds as provided in sections 3905.83 to	39218
3905.95 of the Revised Code;	39219

(4) Any other line of authority designated by the	39220
superintendent of insurance.	39221

(C) An individual shall not be permitted to take the	39222
examination described in division (A) of this section unless one	39223
or both of the following apply:	39224

(1) The individual has earned a bachelor's or associate's	39225
degree in insurance from an accredited institution.	39226

(2) The individual has completed, for each line of authority	39227
for which the individual has applied, twenty hours of study in a	39228
program of insurance education approved by the superintendent, in	39229
consultation with the insurance agent education advisory council,	39230
under criteria established by the superintendent. Division (C) of	39231
this section does not apply with respect to title insurance or any	39232
other line of authority designated by the superintendent.	39233

(D) An individual who fails to appear for an examination as	39234
scheduled, or fails to pass an examination, may reapply for the	39235
examination if the individual pays the required fee and submits	39236
any necessary forms prior to being rescheduled for the	39237
examination.	39238

(E)(1) The superintendent may, in accordance with Chapter	39239
119. of the Revised Code, adopt any rule necessary for the	39240
implementation of this section.	39241

(2) The superintendent may make any necessary arrangements,	39242
including contracting with an outside testing service, for the	39243
administration of the examinations and the collection of the fees	39244
required by this section.	39245

Sec. 3905.36. ~~Every~~(A) Except as provided in divisions (B)	39246
and (C) of this section, every insured association, company,	39247
corporation, or other person that enters, directly or indirectly,	39248
into any agreements with any insurance company, association,	39249
individual, firm, underwriter, or Lloyd, not authorized to do	39250
business in this state, whereby the insured shall procure,	39251
continue, or renew contracts of insurance covering subjects of	39252
insurance resident, located, or to be performed within this state,	39253
with such unauthorized insurance company, association, individual,	39254
firm, underwriter, or Lloyd, for which insurance there is a gross	39255
premium, membership fee, assessment, dues, or other consideration	39256
charged or collected, shall annually, on or before the	39257
thirty-first day of January, return to the superintendent of	39258
insurance a statement under oath showing the name and address of	39259
the insured, name and address of the insurer, subject of the	39260
insurance, general description of the coverage, and amount of	39261
gross premium, fee, assessment, dues, or other consideration for	39262
such insurance for the preceding twelve-month period and shall at	39263
the same time pay to the treasurer of state a tax of five per cent	39264
of such gross premium, fee, assessment, dues, or other	39265
consideration, after a deduction for return premium, if any, as	39266
calculated on a form prescribed by the treasurer of state. All	39267
taxes collected under this section by the treasurer of state shall	39268
be paid into the general revenue fund. If the tax is not paid when	39269
due, the tax shall be increased by a penalty of twenty-five per	39270
cent. An interest charge computed as set forth in section 5725.221	39271
of the Revised Code shall be made on the entire sum of the tax	39272
plus penalty, which interest shall be computed from the date the	39273
tax is due until it is paid. For purposes of this section, payment	39274
is considered made when it is received by the treasurer of state,	39275
irrespective of any United States postal service marking or other	39276
stamp or mark indicating the date on which the payment may have	39277
been mailed. ~~This~~	39278

(B) This section does not apply to:

39279

~~(A) Insurance obtained pursuant to sections 3905.30 to~~	39280
~~3905.35 of the Revised Code;~~	39281

~~(B)~~(1) Transactions in this state involving a policy	39282
solicited, written, and delivered outside this state covering only	39283
subjects of insurance not resident, located, or to be performed in	39284
this state at the time of issuance, provided such transactions are	39285
subsequent to the issuance of the policy;	39286

~~(C)~~(2) Attorneys-at-law acting on behalf of their clients in	39287
the adjustment of claims or losses;	39288

~~(D) Any insurance company underwriter issuing contracts of~~	39289
~~insurance to employer insureds or contracts of insurance issued to~~	39290
~~an employer insured. For purposes of this section an "employer~~	39291
~~insured" is an insured:~~	39292

~~(1) Who procures the insurance of any risk or risks by use of~~	39293
~~the services of a full-time employee acting as an insurance~~	39294
~~manager or buyer or the services of a regularly and continuously~~	39295
~~qualified insurance consultant. As used in division (D)(1) of this~~	39296
~~section, a "regularly and continuously qualified insurance~~	39297
~~consultant" does not include any person licensed under Chapter~~	39298
~~3905. of the Revised Code.~~	39299

~~(2) Whose aggregate annual premiums for insurance on all~~	39300
~~risks total at least twenty-five thousand dollars; and~~	39301

~~(3) Who has at least twenty-five full-time employees.~~

39302

(3) Transactions involving policies issued by a captive	39303
insurer. For this purpose, a "captive insurer" means any of the	39304
following:	39305

(a) An insurer owned by one or more individuals or	39306
organizations, whose exclusive purpose is to insure risks of one	39307
or more of the parent individuals and organizations and their	39308
affiliates;	39309

(b) In the case of groups and associations, insurers owned by	39310
the group or association whose exclusive purpose is to insure	39311
risks of members of the group or association and affiliates of the	39312
members;	39313

(c) Other types of insurers, licensed and operated in	39314
accordance with the captive insurance laws of their states of	39315
domicile and operated in a manner so as to self-insure risks of	39316
their owners and insureds.	39317

~~Each~~In transactions that are subject to sections 3905.30 to	39318
3905.35 of the Revised Code, each person licensed under section	39319
3905.30 of the Revised Code shall pay to the treasurer of state,	39320
on or before the thirty-first day of January of each year, five	39321
per cent of the balance of the gross premiums charged for	39322
insurance placed or procured under the license after a deduction	39323
for return premiums, as reported on a form prescribed by the	39324
treasurer of state. The tax shall be collected from the insured by	39325
the surplus line broker who placed or procured the policy of	39326
insurance at the time the policy is delivered to the insured. No	39327
license issued under section 3905.30 of the Revised Code shall be	39328
renewed until payment is made. If the tax is not paid when due,	39329
the tax shall be increased by a penalty of twenty-five per cent.	39330
An interest charge computed as set forth in section 5725.221 of	39331
the Revised Code shall be made on the entire sum of the tax plus	39332
penalty, which interest shall be computed from the date the tax is	39333
due until it is paid. For purposes of this section, payment is	39334
considered made when it is received by the treasurer of state,	39335
irrespective of any United States postal service marking or other	39336
stamp or mark indicating the date on which the payment may have	39337
been mailed.	39338

Sec. 3905.40. There shall be paid to the superintendent of	39339
insurance the following fees:	39340

(A) Each insurance company doing business in this state shall	39341
pay:	39342

(1) For filing a copy of its charter or deed of settlement,	39343
two hundred fifty dollars;	39344

(2) For filing each statement, ~~twenty-five~~one hundred	39345
seventy-five dollars;	39346

(3) For each certificate of authority or license, one hundred	39347
seventy-five, and for each certified copy thereof, five dollars;	39348

(4) For each copy of a paper filed in the superintendent's	39349
office, twenty cents per page;	39350

(5) For issuing certificates of deposits or certified copies	39351
thereof, five dollars for the first certificate or copy and one	39352
dollar for each additional certificate or copy;	39353

(6) For issuing certificates of compliance or certified	39354
copies thereof, ~~twenty~~sixty dollars;	39355

(7) For affixing the seal of office and certifying documents,	39356
other than those enumerated herein, two dollars.	39357

(B) Each domestic life insurance company doing business in	39358
this state shall pay for annual valuation of its policies, one	39359
cent on every one thousand dollars of insurance.	39360

(C) ~~Each foreign insurance company doing business in this~~	39361
~~state shall pay for making and forwarding annually, semiannually,~~	39362
~~and quarterly the interest checks and coupons accruing upon bonds~~	39363
~~and securities deposited, fifty dollars each year on each one~~	39364
~~hundred thousand dollars deposited.~~	39365

~~(D)~~ Each applicant for licensure as an insurance agent shall	39366
pay ten dollars before admission to any examination required by	39367
the superintendent. Such fee shall not be paid by the appointing	39368
insurance company.	39369

~~(E)~~(D) Each domestic mutual life insurance company shall pay	39370
for verifying that any amendment to its articles of incorporation	39371
was regularly adopted, two hundred fifty dollars with each	39372
application for verification. Any such amendment shall be	39373
considered to have been regularly adopted when approved by the	39374
affirmative vote of two-thirds of the policyholders present in	39375
person or by proxy at any annual meeting of policyholders or at a	39376
special meeting of policyholders called for that purpose.	39377

Sec. 3923.27. No policy of sickness and accident insurance	39378
delivered, issued for delivery, or renewed in this state after ~~the~~	39379
~~effective date of this section~~August 26, 1976, including both	39380
individual and group policies, that provides hospitalization	39381
coverage for mental illness shall exclude such coverage for the	39382
reason that the insured is hospitalized in an institution or	39383
facility receiving tax support from the state, any municipal	39384
corporation, county, or joint county board, whether such	39385
institution or facility is deemed charitable or otherwise,	39386
provided the institution or facility or portion thereof is fully	39387
accredited by the joint commission on accreditation of hospitals	39388
or certified under Titles XVIII and XIX of the "Social Security	39389
Act of 1935," 79 Stat. 291, 42 U.S.C.A. 1395, as amended. The	39390
insurance coverage shall provide payment amounting to the lesser	39391
of either the full amount of the statutory charge for the cost of	39392
the services pursuant to ~~division (B)(8) of section 5121.04~~	39393
section 5121.33 of the Revised Code or the benefits payable for	39394
the services under the applicable insurance policy. Insurance	39395
benefits for the coverage shall be paid so long as patients and	39396
their liable relatives retain their statutory liability pursuant	39397
to ~~the requirements of sections 5121.01 to 5121.10~~section 5121.33	39398
of the Revised Code. Only that portion or per cent of the benefits	39399
shall be payable that has been assigned, or ordered to be paid, to	39400
the state or other appropriate provider for services rendered by	39401
the institution or facility.	39402

Sec. 4112.12. (A) There is hereby created the commission on	39403
African-American males, which shall consist of not more than	39404
forty-one members as follows: the directors or their designees of	39405
the departments of health, development, alcohol and drug addiction	39406
services, job and family services, rehabilitation and correction,	39407
mental health, and youth services; the adjutant general or the	39408
adjutant general's designee; the equal employment opportunity	39409
officer of the department of administrative services or the equal	39410
employment opportunity officer's designee; the executive director	39411
or the executive director's designee of the Ohio civil rights	39412
commission; the executive director or the executive director's	39413
designee of the ~~office~~division of criminal justice services in	39414
the department of public safety; the superintendent of public	39415
instruction; the chancellor or the chancellor's designee of the	39416
Ohio board of regents; two members of the house of representatives	39417
appointed by the speaker of the house of representatives; three	39418
members of the senate appointed by the president of the senate;	39419
and not more than twenty-three members appointed by the governor.	39420
The members appointed by the governor shall include an additional	39421
member of the governor's cabinet and at least one representative	39422
of each of the following: the national association for the	39423
advancement of colored people; the urban league; an organization	39424
representing black elected officials; an organization representing	39425
black attorneys; the black religious community; the black business	39426
community; the nonminority business community; and organized	39427
labor; at least one black medical doctor, one black elected member	39428
of a school board, and one black educator; and at least two	39429
representatives of local private industry councils. The remaining	39430
members that may be appointed by the governor shall be selected	39431
from elected officials, civic and community leaders, and	39432
representatives of the employment, criminal justice, education,	39433
and health communities.	39434

(B) Terms of office shall be for three years, with each term	39435
ending on the same day of the same month as did the term that it	39436
succeeds. Each member shall hold office from the date of	39437
appointment until the end of the term for which the member was	39438
appointed. Members may be reappointed. Vacancies shall be filled	39439
in the manner provided for original appointments. Any member	39440
appointed to fill a vacancy occurring prior to the expiration date	39441
of the term for which the member's predecessor was appointed shall	39442
hold office as a member for the remainder of that term. A member	39443
shall continue in office subsequent to the expiration date of the	39444
member's term until the member's successor takes office or until a	39445
period of sixty days has elapsed, whichever occurs first.	39446

The commission annually shall elect a chairperson from among	39447
its members.	39448

(C) Members of the commission and members of subcommittees	39449
appointed under division (B) of section 4112.13 of the Revised	39450
Code shall not be compensated, but shall be reimbursed for their	39451
necessary and actual expenses incurred in the performance of their	39452
official duties.	39453

(D)(1) The Ohio civil rights commission shall serve as the	39454
commission on African-American males' fiscal agent and shall	39455
perform all of the following services:	39456

(a) Prepare and process payroll and other personnel documents	39457
that the commission on African-American males approves;	39458

(b) Maintain ledgers of accounts and reports of account	39459
balances, and monitor budgets and allotment plans in consultation	39460
with the commission on African-American males;	39461

(c) Perform other routine support services that the executive	39462
director of the Ohio civil rights commission or the executive	39463
director's designee and the Commission on African-American males	39464
or its designee consider appropriate to achieve efficiency.	39465

(2) The Ohio civil rights commission shall not approve any	39466
payroll or other personnel-related documents or any biennial	39467
budget, grant, expenditure, audit, or fiscal-related document	39468
without the advice and consent of the commission on	39469
African-American males.	39470

(3) The Ohio civil rights commission shall determine fees to	39471
be charged to the commission on African-American males for	39472
services performed under this division, which shall be in	39473
proportion to the services performed for the commission on	39474
African-American males.	39475

(4) The commission on African-American males or its designee	39476
has:	39477

(a) Sole authority to draw funds for any federal program in	39478
which the commission is authorized to participate;	39479

(b) Sole authority to expend funds from accounts for programs	39480
and any other necessary expenses the commission on	39481
African-American males may incur;	39482

(c) The duty to cooperate with the Ohio civil rights	39483
commission to ensure that the Ohio civil rights commission is	39484
fully apprised of all financial transactions.	39485

(E) The commission on African-American males shall appoint an	39486
executive director, who shall be in the unclassified civil	39487
service. The executive director shall supervise the commission's	39488
activities and report to the commission on the progress of those	39489
activities. The executive director shall do all things necessary	39490
for the efficient and effective implementation of the duties of	39491
the commission.	39492

The responsibilities assigned to the executive director do	39493
not relieve the members of the commission from final	39494
responsibility for the proper performance of the requirements of	39495
this division.	39496

(F) The commission on African-American males shall:

39497

(1) Employ, promote, supervise, and remove all employees, as	39498
needed, in connection with the performance of its duties under	39499
this section;	39500

(2) Maintain its office in Columbus;

39501

(3) Acquire facilities, equipment, and supplies necessary to	39502
house the commission, its employees, and files and records under	39503
its control, and to discharge any duty imposed upon it by law. The	39504
expense of these acquisitions shall be audited and paid for in the	39505
same manner as other state expenses.	39506

(4) Prepare and submit to the office of budget and management	39507
a budget for each biennium in accordance with sections 101.55 and	39508
107.03 of the Revised Code. The budget submitted shall cover the	39509
costs of the commission and its staff in the discharge of any duty	39510
imposed upon the commission by law. The commission shall pay its	39511
own payroll and other operating expenses from appropriation items	39512
designated by the general assembly. The commission shall not	39513
delegate any authority to obligate funds.	39514

(5) Establish the overall policy and management of the	39515
commission in accordance with this chapter;	39516

(6) Follow all state procurement requirements;

39517

(7) Pay fees owed to the Ohio civil rights commission under	39518
division (D) of this section from the commission on	39519
African-American males' general revenue fund or from any other	39520
fund from which the operating expenses of the commission on	39521
African-American males are paid. Any amounts set aside for a	39522
fiscal year for the payment of such fees shall be used only for	39523
the services performed for the commission on African-American	39524
males by the Ohio civil rights commission in that fiscal year.	39525

(G) The commission on African-American males may:

39526

(1) Hold sessions at any place within the state;

39527

(2) Establish, change, or abolish positions, and assign and	39528
reassign duties and responsibilities of any employee of the	39529
commission on African-American males as necessary to achieve the	39530
most efficient performance of its functions.	39531

Sec. 4115.03. As used in sections 4115.03 to 4115.16 of the	39532
Revised Code:	39533

(A) "Public authority" means any officer, board, or	39534
commission of the state, or any political subdivision of the	39535
state, authorized to enter into a contract for the construction of	39536
a public improvement or to construct the same by the direct	39537
employment of labor, or any institution supported in whole or in	39538
part by public funds and said sections apply to expenditures of	39539
such institutions made in whole or in part from public funds.	39540

(B) "Construction" means either of the following:

39541

(1) Any new construction of any public improvement, the total	39542
overall project cost of which is fairly estimated to be more than	39543
fifty thousand dollars adjusted biennially by the director of	39544
commerce pursuant to section 4115.034 of the Revised Code and	39545
performed by other than full-time employees who have completed	39546
their probationary periods in the classified service of a public	39547
authority;	39548

(2) Any reconstruction, enlargement, alteration, repair,	39549
remodeling, renovation, or painting of any public improvement, the	39550
total overall project cost of which is fairly estimated to be more	39551
than fifteen thousand dollars adjusted biennially by the	39552
administrator pursuant to section 4115.034 of the Revised Code and	39553
performed by other than full-time employees who have completed	39554
their probationary period in the classified civil service of a	39555
public authority.	39556

(C) "Public improvement" includes all buildings, roads,	39557
streets, alleys, sewers, ditches, sewage disposal plants, water	39558
works, and all other structures or works constructed by a public	39559
authority of the state or any political subdivision thereof or by	39560
any person who, pursuant to a contract with a public authority,	39561
constructs any structure for a public authority of the state or a	39562
political subdivision thereof. When a public authority rents or	39563
leases a newly constructed structure within six months after	39564
completion of such construction, all work performed on such	39565
structure to suit it for occupancy by a public authority is a	39566
"public improvement." "Public improvement" does not include an	39567
improvement authorized by section 1515.08 of the Revised Code that	39568
is constructed pursuant to a contract with a soil and water	39569
conservation district, as defined in section 1515.01 of the	39570
Revised Code, or performed as a result of a petition filed	39571
pursuant to Chapter 6131., 6133., or 6135. of the Revised Code,	39572
wherein no less than seventy-five per cent of the project is	39573
located on private land and no less than seventy-five per cent of	39574
the cost of the improvement is paid for by private property owners	39575
pursuant to Chapter 1515., 6131., 6133., or 6135. of the Revised	39576
Code.	39577

(D) "Locality" means the county wherein the physical work	39578
upon any public improvement is being performed.	39579

(E) "Prevailing wages" means the sum of the following:

39580

(1) The basic hourly rate of pay;

39581

(2) The rate of contribution irrevocably made by a contractor	39582
or subcontractor to a trustee or to a third person pursuant to a	39583
fund, plan, or program;	39584

(3) The rate of costs to the contractor or subcontractor	39585
which may be reasonably anticipated in providing the following	39586
fringe benefits to laborers and mechanics pursuant to an	39587
enforceable commitment to carry out a financially responsible plan	39588
or program which was communicated in writing to the laborers and	39589
mechanics affected:	39590

(a) Medical or hospital care or insurance to provide such;

39591

(b) Pensions on retirement or death or insurance to provide	39592
such;	39593

(c) Compensation for injuries or illnesses resulting from	39594
occupational activities if it is in addition to that coverage	39595
required by Chapters 4121. and 4123. of the Revised Code;	39596

(d) Supplemental unemployment benefits that are in addition	39597
to those required by Chapter 4141. of the Revised Code;	39598

(e) Life insurance;

39599

(f) Disability and sickness insurance;

39600

(g) Accident insurance;

39601

(h) Vacation and holiday pay;

39602

(i) Defraying of costs for apprenticeship or other similar	39603
training programs which are beneficial only to the laborers and	39604
mechanics affected;	39605

(j) Other bona fide fringe benefits.

39606

None of the benefits enumerated in division (E)(3) of this	39607
section may be considered in the determination of prevailing wages	39608
if federal, state, or local law requires contractors or	39609
subcontractors to provide any of such benefits.	39610

(F) ~~"Interested party," with respect to a particular public~~	39611
~~improvement, means:~~	39612

~~(1) Any person who submits a bid for the purpose of securing~~	39613
~~the award of a contract for construction of the public~~	39614
~~improvement;~~	39615

~~(2) Any person acting as a subcontractor of a person~~	39616
~~mentioned in division (F)(1) of this section;~~	39617

~~(3) Any bona fide organization of labor which has as members~~	39618
~~or is authorized to represent employees of a person mentioned in~~	39619
~~division (F)(1) or (2) of this section and which exists, in whole~~	39620
~~or in part, for the purpose of negotiating with employers~~	39621
~~concerning the wages, hours, or terms and conditions of employment~~	39622
~~of employees;~~	39623

~~(4) Any association having as members any of the persons~~	39624
~~mentioned in division (F)(1) or (2) of this section.~~	39625

~~(G)~~ Except as used in division (A) of this section, "officer"	39626
means an individual who has an ownership interest or holds an	39627
office of trust, command, or authority in a corporation, business	39628
trust, partnership, or association.	39629

Sec. 4115.032. Construction on any project, facility, or	39630
project facility to which section 122.452, 122.80, 165.031,	39631
166.02, 1551.13, 1728.07, or 3706.042 of the Revised Code applies	39632
is hereby deemed to be construction of a public improvement within	39633
section 4115.03 of the Revised Code. All contractors and	39634
subcontractors working on such projects, facilities, or project	39635
facilities shall be subject to and comply with sections 4115.03 to	39636
4115.16 of the Revised Code, and the director of commerce shall,	39637
~~and any interested party may,~~ bring proceedings under such	39638
sections to enforce compliance.	39639

The director shall make the determination of wages as	39640
required under sections 122.452, 122.80, 165.031, 166.02, 1551.13,	39641
1728.07, and 3706.042 of the Revised Code and shall designate one	39642
of the director's employees to act as the prevailing wage	39643
coordinator under section 4115.071 for any project, facility, or	39644
project facility for which a coordinator has not been designated	39645
by any public authority.	39646

Sec. 4115.071. (A) Each contracting public authority that	39647
enters into a contract other than a contract for printing,	39648
binding, and related services, whose contractor and subcontractors	39649
are subject to sections 4115.03 to 4115.16 of the Revised Code	39650
shall, no later than ten days before the first payment of wages is	39651
payable to any employee of any contractor or subcontractor,	39652
designate and appoint one of its own employees to serve as the	39653
prevailing wage coordinator during the life of the contract. The	39654
duties of the coordinator shall include:	39655

(1) Setting up and maintaining, available for public	39656
inspection including inspection by ~~interested parties or~~ affected	39657
employees, files of payroll reports and affidavits submitted by	39658
contractors and subcontractors pursuant to sections 4115.03 to	39659
4115.16 of the Revised Code;	39660

(2) Ascertaining from each contractor or subcontractor, at	39661
the beginning of performance under the contract, the dates during	39662
its life when payments of wages to employees are to be made;	39663

(3) Receiving from each contractor or subcontractor, a copy	39664
of the contractor's or subcontractor's complete payroll for each	39665
date exhibiting for each employee paid any wages, the employee's	39666
name, current address, social security number, number of hours	39667
worked each day during the pay period and the total for each week,	39668
the employee's hourly rate of pay, the employee's job	39669
classification, fringe payments, and deductions from the	39670
employee's wages;	39671

(4) Establishing and following procedures to monitor the	39672
compliance by each contractor and subcontractor with the	39673
requirement imposed by this section for timely filing of copies of	39674
payroll records;	39675

(5) Receiving from each contractor or subcontractor upon	39676
completion of the public improvement and prior to final payment	39677
therefor the affidavit required by section 4115.07 of the Revised	39678
Code;	39679

(6) Reporting any delinquency in the filing of the certified	39680
copy of the payroll and the affidavit to the chief officer of the	39681
contracting public authority and the director of commerce.	39682

(B) Any contracting public authority having a permanent	39683
employee with the title, powers, and functions described in	39684
division (A) of this section for the prevailing wage coordinator	39685
need not separately designate and appoint an employee for each	39686
public work contract entered into by the contracting public	39687
authority.	39688

(C) Every contractor and subcontractor who is subject to	39689
sections 4115.03 to 4115.16 of the Revised Code shall, upon	39690
beginning performance under the contractor's or subcontractor's	39691
contract with any contracting public authority, supply to the	39692
prevailing wage coordinator of the contracting public authority a	39693
schedule of the dates during the life of the contract with the	39694
authority on which the contractor or subcontractor is required to	39695
pay wages to employees. The contractor or subcontractor shall also	39696
deliver to the prevailing wage coordinator a certified copy of the	39697
contractor's or subcontractor's payroll, within two weeks after	39698
the initial pay date, and supplemental reports for each month	39699
thereafter which shall exhibit for each employee paid any wages,	39700
the employee's name, current address, social security number,	39701
number of hours worked during each day of the pay periods covered	39702
and the total for each week, the employee's hourly rate of pay,	39703
the employee's job classification, fringe payments, and deductions	39704
from the employee's wages. If the life of the contract is expected	39705
to be no more than four months from the beginning of performance	39706
by the contractor or subcontractor, such supplemental reports	39707
shall be filed each week after the initial report. The	39708
certification of each payroll shall be executed by the contractor,	39709
subcontractor, or duly appointed agent thereof and shall recite	39710
that the payroll is correct and complete and that the wage rates	39711
shown are not less than those required by the contract.	39712

(D) If it is found that a public authority or prevailing wage	39713
coordinator has not complied with this section, the director shall	39714
give notice thereof in writing to the public authority or	39715
prevailing wage coordinator. Sufficient time shall be allowed for	39716
compliance as the director deems necessary. At the expiration of	39717
the time prescribed in the notice, the director shall, in writing,	39718
inform the attorney general of the fact that notice has been given	39719
and that the public authority or prevailing wage coordinator to	39720
whom it was directed has not complied with it. On receipt thereof,	39721
the attorney general shall bring suit in the name of the state in	39722
the court of common pleas of the county in which the public	39723
authority is located, to require the public authority or	39724
prevailing wage coordinator to comply with this section.	39725

~~Sec. 4115.21.~~ Sec. 4115.16. A person who files a complaint with the	39726
director of commerce alleging a violation of sections 4115.03 to	39727
4115.16 of the Revised Code shall file the complaint within two	39728
years after the completion of the public improvement upon which	39729
the violation is alleged to have occurred or be barred from	39730
further administrative action under this chapter.	39731

Sec. 4115.32. (A) ~~There~~Subject to section 4115.36 of the	39732
Revised Code, there is hereby created the state committee for the	39733
purchase of products and services provided by persons with severe	39734
disabilities. The committee shall be composed ex officio of the	39735
following persons, or their designees:	39736

(1) The directors of administrative services, mental health,	39737
mental retardation and developmental disabilities, transportation,	39738
natural resources, and commerce;	39739

(2) The administrators of the rehabilitation services	39740
commission and the bureau of workers' compensation;	39741

(3) The secretary of state;

39742

(4) One representative of a purchasing department of a	39743
political subdivision who is designated by the governor.	39744

The governor shall appoint two representatives of a qualified	39745
nonprofit agency for persons with severe disabilities, and a	39746
person with a severe disability to the committee.	39747

(B) Within thirty days after September 29, 1995, the governor	39748
shall appoint the representatives of a qualified nonprofit agency	39749
for persons with severe disabilities to the committee for a term	39750
ending August 31, 1996. Thereafter, terms for such representatives	39751
are for three years, each term ending on the same day of the same	39752
month of the year as did the term that it succeeds. Each committee	39753
member shall serve from the date of the member's appointment until	39754
the end of the term for which the member was appointed. Vacancies	39755
shall be filled in the same manner provided for original	39756
appointments. Any member appointed to fill a vacancy occurring	39757
prior to the expiration date of the term for which the member's	39758
predecessor was appointed shall serve as a member for the	39759
remainder of that term. A member shall serve subsequent to the	39760
expiration of the member's term and shall continue to serve until	39761
the member's successor takes office.	39762

(C) Members of the committee shall serve without	39763
compensation. Except as otherwise provided in divisions (C)(1) and	39764
(2) of this section, members shall be reimbursed for actual and	39765
necessary expenses, including travel expenses, incurred while away	39766
from their homes or regular places of business and incurred while	39767
performing services for the committee.	39768

(1) The members listed in divisions (A)(1) to (3) of this	39769
section, or their designees, shall not be reimbursed for any	39770
expenses.	39771

(2) No member of the committee who is entitled to receive	39772
reimbursement for the performance of services for the committee	39773
from another agency or entity shall receive reimbursement from the	39774
committee.	39775

(D) The committee shall elect from among its members a	39776
chairperson. The committee may request from any agency of the	39777
state, political subdivision, or instrumentality of the state any	39778
information necessary to enable it to carry out the intent of	39779
sections 4115.31 to 4115.35 of the Revised Code. Upon request of	39780
the committee, the agency, subdivision, or instrumentality shall	39781
furnish the information to the chairperson of the committee.	39782

(E) The committee shall not later than one hundred eighty	39783
days following the close of each fiscal year transmit to the	39784
governor, the general assembly, and each qualified nonprofit	39785
agency for persons with severe disabilities a report that includes	39786
the names of the committee members serving during the preceding	39787
fiscal year, the dates of committee meetings in that year, and any	39788
recommendations for changes in sections 4115.31 to 4115.35 of the	39789
Revised Code that the committee determines are necessary.	39790

(F) The director of ~~mental retardation and developmental~~	39791
~~disabilities~~administrative services shall designate a subordinate	39792
to act as executive director of the committee and shall furnish	39793
other staff and clerical assistance, office space, and supplies	39794
required by the committee.	39795

Sec. 4115.34. (A) IfExcept as provided in section 4115.36	39796
of the Revised Code, if any state agency, political subdivision,	39797
or instrumentality of the state intends to procure any product or	39798
service, it shall determine whether the product or service is on	39799
the procurement list published pursuant to section 4115.33 of the	39800
Revised Code; and it shall, in accordance with rules of the state	39801
committee for the purchase of products and services provided by	39802
persons with severe disabilities, procure such product or service	39803
at the fair market price established by the committee from a	39804
qualified nonprofit agency for persons with severe disabilities,	39805
if the product or service is on the procurement list and is	39806
available within the period required by that agency, subdivision,	39807
or instrumentality, notwithstanding any law requiring the purchase	39808
of products and services on a competitive bid basis. Sections	39809
4115.31 to 4115.35 of the Revised Code do not apply if the	39810
products or services are available for procurement from any state	39811
agency, political subdivision, or instrumentality of the state and	39812
procurement from such agency, subdivision, or instrumentality is	39813
required under any law in effect on August 13, 1976.	39814

(B) The committee and any state agency, political	39815
subdivision, or instrumentality of the state may enter into	39816
contractual agreements, cooperative working relationships, or	39817
other arrangements determined necessary for effective coordination	39818
and efficient realization of the objectives of sections 4115.31 to	39819
4115.35 of the Revised Code and any other law requiring	39820
procurement of products or services from any state agency,	39821
political subdivision, or instrumentality of the state.	39822

(C) Notwithstanding any other section of the Revised Code, or	39823
any appropriations act, that may require a state agency, political	39824
subdivision, or instrumentality of the state to purchase supplies,	39825
services, or materials by means of a competitive bid procedure,	39826
state agencies, political subdivisions, or instrumentalities of	39827
the state need not utilize the required bidding procedures if the	39828
supplies, services, or materials are to be purchased from a	39829
qualified nonprofit agency pursuant to sections 4115.31 to 4115.35	39830
of the Revised Code.	39831

Sec. 4115.36. Sections 4115.31 to 4115.35 of the Revised Code	39832
have no effect after the director of administrative services	39833
abolishes the state committee for the purchase of products and	39834
services provided by persons with severe disabilities. Upon	39835
abolishment of the committee, sections 125.60 to 125.6012 of the	39836
Revised Code shall govern the procurement of products and services	39837
provided by persons with work-limiting disabilities from qualified	39838
nonprofit agencies.	39839

Sec. 4117.10. (A) An agreement between a public employer and	39840
an exclusive representative entered into pursuant to this chapter	39841
governs the wages, hours, and terms and conditions of public	39842
employment covered by the agreement. If the agreement provides for	39843
a final and binding arbitration of grievances, public employers,	39844
employees, and employee organizations are subject solely to that	39845
grievance procedure and the state personnel board of review or	39846
civil service commissions have no jurisdiction to receive and	39847
determine any appeals relating to matters that were the subject of	39848
a final and binding grievance procedure. Where no agreement exists	39849
or where an agreement makes no specification about a matter, the	39850
public employer and public employees are subject to all applicable	39851
state or local laws or ordinances pertaining to the wages, hours,	39852
and terms and conditions of employment for public employees. Laws	39853
pertaining to civil rights, affirmative action, unemployment	39854
compensation, workers' compensation, the retirement of public	39855
employees, and residency requirements, the minimum educational	39856
requirements contained in the Revised Code pertaining to public	39857
education including the requirement of a certificate by the fiscal	39858
officer of a school district pursuant to section 5705.41 of the	39859
Revised Code, the provisions of division (A) of section 124.34 of	39860
the Revised Code governing the disciplining of officers and	39861
employees who have been convicted of a felony, and the minimum	39862
standards promulgated by the state board of education pursuant to	39863
division (D) of section 3301.07 of the Revised Code prevail over	39864
conflicting provisions of agreements between employee	39865
organizations and public employers. The law pertaining to the	39866
leave of absence and compensation provided under section 5923.05	39867
of the Revised Code prevails over any conflicting provisions of	39868
such agreements if the terms of the agreement contain benefits	39869
which are less than those contained in that section or the	39870
agreement contains no such terms and the public authority is the	39871
state or any agency, authority, commission, or board of the state	39872
or if the public authority is another entity listed in division	39873
(B) of section 4117.01 of the Revised Code that elects to provide	39874
leave of absence and compensation as provided in section 5923.05	39875
of the Revised Code. Except for sections 306.08, 306.12, 306.35,	39876
and 4981.22 of the Revised Code and arrangements entered into	39877
thereunder, and section 4981.21 of the Revised Code as necessary	39878
to comply with section 13(c) of the "Urban Mass Transportation Act	39879
of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and	39880
arrangements entered into thereunder, this chapter prevails over	39881
any and all other conflicting laws, resolutions, provisions,	39882
present or future, except as otherwise specified in this chapter	39883
or as otherwise specified by the general assembly. Nothing in this	39884
section prohibits or shall be construed to invalidate the	39885
provisions of an agreement establishing supplemental workers'	39886
compensation or unemployment compensation benefits or exceeding	39887
minimum requirements contained in the Revised Code pertaining to	39888
public education or the minimum standards promulgated by the state	39889
board of education pursuant to division (D) of section 3301.07 of	39890
the Revised Code.	39891

(B) The public employer shall submit a request for funds	39892
necessary to implement an agreement and for approval of any other	39893
matter requiring the approval of the appropriate legislative body	39894
to the legislative body within fourteen days of the date on which	39895
the parties finalize the agreement, unless otherwise specified,	39896
but if the appropriate legislative body is not in session at the	39897
time, then within fourteen days after it convenes. The legislative	39898
body must approve or reject the submission as a whole, and the	39899
submission is deemed approved if the legislative body fails to act	39900
within thirty days after the public employer submits the	39901
agreement. The parties may specify that those provisions of the	39902
agreement not requiring action by a legislative body are effective	39903
and operative in accordance with the terms of the agreement,	39904
provided there has been compliance with division (C) of this	39905
section. If the legislative body rejects the submission of the	39906
public employer, either party may reopen all or part of the entire	39907
agreement.	39908

As used in this section, "legislative body" includes ~~the~~	39909
~~general assembly,~~ the governing board of a municipal corporation,	39910
school district, college or university, village, township, or	39911
board of county commissioners or any other body that has authority	39912
to approve the budget of their public jurisdiction and, with	39913
regard to the state, "legislative body" means the controlling	39914
board.	39915

(C) The chief executive officer, or the chief executive	39916
officer's representative, of each municipal corporation, the	39917
designated representative of the board of education of each school	39918
district, college or university, or any other body that has	39919
authority to approve the budget of their public jurisdiction, the	39920
designated representative of the board of county commissioners and	39921
of each elected officeholder of the county whose employees are	39922
covered by the collective negotiations, and the designated	39923
representative of the village or the board of township trustees of	39924
each township is responsible for negotiations in the collective	39925
bargaining process; except that the legislative body may accept or	39926
reject a proposed collective bargaining agreement. When the	39927
matters about which there is agreement are reduced to writing and	39928
approved by the employee organization and the legislative body,	39929
the agreement is binding upon the legislative body, the employer,	39930
and the employee organization and employees covered by the	39931
agreement.	39932

(D) There is hereby established an office of collective	39933
bargaining in the department of administrative services for the	39934
purpose of negotiating with and entering into written agreements	39935
between state agencies, departments, boards, and commissions and	39936
the exclusive representative on matters of wages, hours, terms and	39937
other conditions of employment and the continuation, modification,	39938
or deletion of an existing provision of a collective bargaining	39939
agreement. Nothing in any provision of law to the contrary shall	39940
be interpreted as excluding the bureau of workers' compensation	39941
and the industrial commission from the preceding sentence. This	39942
office shall not negotiate on behalf of other statewide elected	39943
officials or boards of trustees of state institutions of higher	39944
education who shall be considered as separate public employers for	39945
the purposes of this chapter; however, the office may negotiate on	39946
behalf of these officials or trustees where authorized by the	39947
officials or trustees. The staff of the office of collective	39948
bargaining are in the unclassified service. The director of	39949
administrative services shall fix the compensation of the staff.	39950

The office of collective bargaining shall:

39951

(1) Assist the director in formulating management's	39952
philosophy for public collective bargaining as well as planning	39953
bargaining strategies;	39954

(2) Conduct negotiations with the exclusive representatives	39955
of each employee organization;	39956

(3) Coordinate the state's resources in all mediation,	39957
fact-finding, and arbitration cases as well as in all labor	39958
disputes;	39959

(4) Conduct systematic reviews of collective bargaining	39960
agreements for the purpose of contract negotiations;	39961

(5) Coordinate the systematic compilation of data by all	39962
agencies that is required for negotiating purposes;	39963

(6) Prepare and submit an annual report and other reports as	39964
requested to the governor and the general assembly on the	39965
implementation of this chapter and its impact upon state	39966
government.	39967

Sec. 4117.103. Notwithstanding any provision of section	39968
4117.08 or 4117.10 of the Revised Code to the contrary, no	39969
agreement entered into under this chapter on or after the	39970
effective date of this section shall prohibit a school district	39971
board of education from utilizing volunteers to assist the	39972
district and its schools in performing any of their functions,	39973
other than functions for which a license, permit, or certificate	39974
issued by the state board of education under section 3301.074 or	39975
Chapter 3319. of the Revised Code or a certificate issued under	39976
division (A) or (B) of section 3327.10 of the Revised Code is	39977
required.	39978

Sec. 4117.24. The training ~~and~~, publications, and grants	39979
fund is hereby created in the state treasury. The state employment	39980
relations board shall deposit into the training ~~and~~, publications,	39981
and grants fund all ~~payments~~moneys received from the following	39982
sources:	39983

(A) Payments received by the board for copies of documents,	39984
rulebooks, and other publications; ~~fees~~	39985

(B) Fees received from seminar participants; ~~and receipts~~

39986

39987

(D) Moneys received from grants, donations, awards, bequests,	39988
gifts, reimbursements, and similar funds;	39989

(E) Reimbursement received for professional services and	39990
expenses related to professional services;	39991

(F) Funds received to support the development of labor	39992
relations services and programs. The state employment relations	39993
board shall use all moneys deposited into the training ~~and~~,	39994
publications, and grants fund to defray the costs of furnishing	39995
and making available copies of documents, rulebooks, and other	39996
publications; the costs of planning, organizing, and conducting	39997
training seminars; the costs associated with grant projects,	39998
innovative labor-management cooperation programs, research	39999
projects related to these grants and programs, and the advancement	40000
in professionalism of public sector relations; the professional	40001
development of board employees; and the costs of compiling	40002
clearinghouse data.	40003

The board may seek, solicit, apply for, receive, and accept	40004
grants, gifts, and contributions of money, property, labor, and	40005
other things of value to be held for, used for, and applied to	40006
only the purpose for which the grants, gifts, and contributions	40007
are made, from individuals, private and public corporations, the	40008
United States or any agency thereof, the state or any agency	40009
thereof, and any political subdivision of the state, and may enter	40010
into any contract with any such public or private source in	40011
connection therewith to be held for, used for, and applied to only	40012
the purposes for which such grants are made and contracts are	40013
entered into, all subject to and in accordance with the purposes	40014
of this chapter. Any money received from the grants, gifts,	40015
contributions, or contracts shall be deposited into the training,	40016
publications, and grants fund.	40017

Sec. 4123.27. Information contained in the annual statement	40018
provided for in section 4123.26 of the Revised Code, and such	40019
other information as may be furnished to the bureau of workers'	40020
compensation by employers in pursuance of that section, is for the	40021
exclusive use and information of the bureau in the discharge of	40022
its official duties, and shall not be open to the public nor be	40023
used in any court in any action or proceeding pending therein	40024
unless the bureau is a party to the action or proceeding; but the	40025
information contained in the statement may be tabulated and	40026
published by the bureau in statistical form for the use and	40027
information of other state departments and the public. No person	40028
in the employ of the bureau, except those who are authorized by	40029
the administrator of workers' compensation, shall divulge any	40030
information secured by the person while in the employ of the	40031
bureau in respect to the transactions, property, claim files,	40032
records, or papers of the bureau or in respect to the business or	40033
mechanical, chemical, or other industrial process of any company,	40034
firm, corporation, person, association, partnership, or public	40035
utility to any person other than the administrator or to the	40036
superior of such employee of the bureau.	40037

Notwithstanding the restrictions imposed by this section, the	40038
governor, select or standing committees of the general assembly,	40039
the auditor of state, the attorney general, or their designees,	40040
pursuant to the authority granted in this chapter and Chapter	40041
4121. of the Revised Code, may examine any records, claim files,	40042
or papers in possession of the industrial commission or the	40043
bureau. They also are bound by the privilege that attaches to	40044
these papers.	40045

The administrator shall report to the director of job and	40046
family services or to the county director of job and family	40047
services the name, address, and social security number or other	40048
identification number of any person receiving workers'	40049
compensation whose name or social security number or other	40050
identification number is the same as that of a person required by	40051
a court or child support enforcement agency to provide support	40052
payments to a recipient or participant of public assistance, and	40053
whose name is submitted to the administrator by the director under	40054
section 5101.36 of the Revised Code. The administrator also shall	40055
inform the director of the amount of workers' compensation paid to	40056
the person during such period as the director specifies.	40057

Within fourteen days after receiving from the director of job	40058
and family services a list of the names and social security	40059
numbers of recipients or participants of public assistance	40060
pursuant to section 5101.181 of the Revised Code, the	40061
administrator shall inform the auditor of state of the name,	40062
current or most recent address, and social security number of each	40063
person receiving workers' compensation pursuant to this chapter	40064
whose name and social security number are the same as that of a	40065
person whose name or social security number was submitted by the	40066
director. The administrator also shall inform the auditor of state	40067
of the amount of workers' compensation paid to the person during	40068
such period as the director specifies.	40069

The bureau and its employees, except for purposes of	40070
furnishing the auditor of state with information required by this	40071
section, shall preserve the confidentiality of recipients or	40072
participants of public assistance in compliance with division (A)	40073
of section 5101.181 of the Revised Code.	40074

For the purposes of this section, "public assistance" means	40075
medical assistance provided through the medical assistance program	40076
established under section 5111.01 of the Revised Code, Ohio works	40077
first provided under Chapter 5107. of the Revised Code,	40078
prevention, retention, and contingency benefits and services	40079
provided under Chapter 5108. of the Revised Code, or disability	40080
financial assistance provided under Chapter 5115. of the Revised	40081
Code~~, or disability medical assistance provided under Chapter~~	40082
~~5115. of the Revised Code~~.	40083

Sec. 4301.10. (A) The division of liquor control shall do	40084
all of the following:	40085

(1) Control the traffic in beer and intoxicating liquor in	40086
this state, including the manufacture, importation, and sale of	40087
beer and intoxicating liquor;	40088

(2) Grant or refuse permits for the manufacture,	40089
distribution, transportation, and sale of beer and intoxicating	40090
liquor and the sale of alcohol, as authorized or required by this	40091
chapter and Chapter 4303. of the Revised Code. A certificate,	40092
signed by the superintendent of liquor control and to which is	40093
affixed the official seal of the division, stating that it appears	40094
from the records of the division that no permit has been issued to	40095
the person specified in the certificate, or that a permit, if	40096
issued, has been revoked, canceled, or suspended, shall be	40097
received as prima-facie evidence of the facts recited in the	40098
certificate in any court or before any officer of this state.	40099

(3) Put into operation, manage, and control a system of state	40100
liquor stores for the sale of spirituous liquor at retail and to	40101
holders of permits authorizing the sale of spirituous liquor;	40102
however, the division shall not establish any drive-in state	40103
liquor stores; and by means of those types of stores, and any	40104
manufacturing plants, distributing and bottling plants,	40105
warehouses, and other facilities that it considers expedient,	40106
establish and maintain a state monopoly of the distribution of	40107
spirituous liquor and its sale in packages or containers; and for	40108
that purpose, manufacture, buy, import, possess, and sell	40109
spirituous liquors as provided in this chapter and Chapter 4303.	40110
of the Revised Code, and in the rules promulgated by the	40111
superintendent of liquor control pursuant to those chapters; lease	40112
or in any manner acquire the use of any land or building required	40113
for any of those purposes; purchase any equipment that is	40114
required; and borrow money to carry on its business, and issue,	40115
sign, endorse, and accept notes, checks, and bills of exchange;	40116
but all obligations of the division created under authority of	40117
this division shall be a charge only upon the moneys received by	40118
the division from the sale of spirituous liquor and its other	40119
business transactions in connection with the sale of spirituous	40120
liquor, and shall not be general obligations of the state;	40121

(4) Enforce the administrative provisions of this chapter and	40122
Chapter 4303. of the Revised Code, and the rules and orders of the	40123
liquor control commission and the superintendent relating to the	40124
manufacture, importation, transportation, distribution, and sale	40125
of beer ~~and~~or intoxicating ~~liquors~~liquor. The attorney general,	40126
any prosecuting attorney, and any prosecuting officer of a	40127
municipal corporation or a municipal court shall, at the request	40128
of the division of liquor control or the department of public	40129
safety, prosecute any person charged with the violation of any	40130
provision in those chapters or of any section of the Revised Code	40131
relating to the manufacture, importation, transportation,	40132
distribution, and sale of beer ~~and~~or intoxicating liquor.	40133

(5) Determine the locations of all state liquor stores and	40134
manufacturing, distributing, and bottling plants required in	40135
connection with those stores, subject to this chapter and Chapter	40136
4303. of the Revised Code;	40137

(6) Conduct inspections of liquor permit premises to	40138
determine compliance with the administrative provisions of this	40139
chapter and Chapter 4303. of the Revised Code and the rules	40140
adopted under those provisions by the liquor control commission.	40141

Except as otherwise provided in division (A)(6) of this	40142
section, those inspections may be conducted only during those	40143
hours in which the permit holder is open for business and only by	40144
authorized agents or employees of the division or by any peace	40145
officer, as defined in section 2935.01 of the Revised Code.	40146
Inspections may be conducted at other hours only to determine	40147
compliance with laws or commission rules that regulate the hours	40148
of sale of beer ~~and~~or intoxicating liquor and only if the	40149
investigator has reasonable cause to believe that those laws or	40150
rules are being violated. Any inspection conducted pursuant to	40151
division (A)(6) of this section is subject to all of the following	40152
requirements:	40153

(a) The only property that may be confiscated is contraband,	40154
as defined in section 2901.01 of the Revised Code, or property	40155
that is otherwise necessary for evidentiary purposes.	40156

(b) A complete inventory of all property confiscated from the	40157
premises shall be given to the permit holder or the permit	40158
holder's agent or employee by the confiscating agent or officer at	40159
the conclusion of the inspection. At that time, the inventory	40160
shall be signed by the confiscating agent or officer, and the	40161
agent or officer shall give the permit holder or the permit	40162
holder's agent or employee the opportunity to sign the inventory.	40163

(c) Inspections conducted pursuant to division (A)(6) of this	40164
section shall be conducted in a reasonable manner. A finding by	40165
any court of competent jurisdiction that ~~the~~an inspection was not	40166
conducted in a reasonable manner in accordance with this section	40167
or any rules ~~promulgated~~adopted by the commission may be	40168
considered grounds for suppression of evidence. A finding by the	40169
~~liquor control~~ commission that ~~the~~an inspection was not conducted	40170
in a reasonable manner in accordance with this section or any	40171
rules ~~promulgated~~adopted by ~~the commission~~it may be considered	40172
grounds for dismissal of the commission case.	40173

If any court of competent jurisdiction finds that property	40174
confiscated as the result of an administrative inspection is not	40175
necessary for evidentiary purposes and is not contraband, as	40176
defined in section 2901.01 of the Revised Code, the court shall	40177
order the immediate return of the confiscated property, provided	40178
that property is not otherwise subject to forfeiture, to the	40179
permit holder. However, the return of this property is not grounds	40180
for dismissal of the case. The commission likewise may order the	40181
return of confiscated property if no criminal prosecution is	40182
pending or anticipated.	40183

(7) Delegate to any of its agents or employees any power of	40184
investigation that the division possesses with respect to the	40185
enforcement of any of the administrative laws relating to beer ~~and~~	40186
or intoxicating liquor, provided that this division does not	40187
authorize the division to designate any agent or employee to serve	40188
as an enforcement agent. The employment and designation of	40189
enforcement agents shall be within the exclusive authority of the	40190
director of public safety pursuant to sections 5502.13 to 5502.19	40191
of the Revised Code.	40192

(8) Collect the following fees:

40193

(a) A biennial ~~fifty dollar~~fifty-dollar registration fee for	40194
each agent, solicitor, or salesperson, registered pursuant to	40195
section 4303.25 of the Revised Code, of a beer or intoxicating	40196
liquor manufacturer, supplier, broker, or wholesale distributor	40197
doing business in this state;	40198

(b) A fifty-dollar product registration fee for each new beer	40199
or intoxicating liquor product sold in this state. The product	40200
registration fee shall be accompanied by a copy of the federal	40201
label and product approval for the new product.	40202

(c) An annual three-hundred-dollar supplier registration fee	40203
from each manufacturer or supplier that produces and ships into	40204
this state, or ships into this state, intoxicating liquor or beer,	40205
in addition to an initial application fee of one hundred dollars.	40206

Each supplier, agent, solicitor, or salesperson registration	40207
issued under this division shall authorize the person named to	40208
carry on the activity specified in the registration. Each agent,	40209
solicitor, or salesperson registration is valid for two years or	40210
for the unexpired portion of a two-year registration period. Each	40211
supplier registration is valid for one year or for the unexpired	40212
portion of a one-year registration period. Registrations shall end	40213
on their respective uniform expiration date, which shall be	40214
designated by the division, and are subject to suspension,	40215
revocation, cancellation, or fine as authorized by this chapter	40216
and Chapter 4303. of the Revised Code.	40217

(9) Establish a system of electronic data interchange within	40218
the division and regulate the electronic transfer of information	40219
and funds among persons and governmental entities engaged in the	40220
manufacture, distribution, and retail sale of alcoholic beverages;	40221

(10) Exercise all other powers expressly or by necessary	40222
implication conferred upon the division by this chapter and	40223
Chapter 4303. of the Revised Code, and all powers necessary for	40224
the exercise or discharge of any power, duty, or function	40225
expressly conferred or imposed upon the division by those	40226
chapters.	40227

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

40228

(1) Sue, but may be sued only in connection with the	40229
execution of leases of real estate and the purchases and contracts	40230
necessary for the operation of the state liquor stores that are	40231
made under this chapter and Chapter 4303. of the Revised Code;	40232

(2) Enter into leases and contracts of all descriptions and	40233
acquire and transfer title to personal property with regard to the	40234
sale, distribution, and storage of spirituous liquor within the	40235
state;	40236

(3) Terminate at will any lease entered into pursuant to	40237
division (B)(2) of this section upon first giving ninety days'	40238
notice in writing to the lessor of its intention to do so;	40239

(4) Fix the wholesale and retail prices at which the various	40240
classes, varieties, and brands of spirituous liquor shall be sold	40241
by the division. Those retail prices shall be the same at all	40242
state liquor stores, except to the extent that a price	40243
differential is required to collect a county sales tax levied	40244
pursuant to section 5739.021 of the Revised Code and for which tax	40245
the tax commissioner has authorized prepayment pursuant to section	40246
5739.05 of the Revised Code. In fixing selling prices, the	40247
division shall compute an anticipated gross profit at least	40248
sufficient to provide in each calendar year all costs and expenses	40249
of the division and also an adequate working capital reserve for	40250
the division. The gross profit shall not exceed forty per cent of	40251
the retail selling price based on costs of the division, and in	40252
addition the sum required by section 4301.12 of the Revised Code	40253
to be paid into the state treasury. An amount equal to one and	40254
one-half per cent of that gross profit shall be paid into the	40255
statewide treatment and prevention fund created by section 4301.30	40256
of the Revised Code and be appropriated by the general assembly	40257
from the fund to the department of alcohol and drug addiction	40258
services as provided in section 4301.30 of the Revised Code.	40259

On spirituous liquor manufactured in this state from the	40260
juice of grapes or fruits grown in this state, the division shall	40261
compute an anticipated gross profit of not to exceed ten per cent.	40262
~~The~~	40263

The wholesale prices fixed under this division shall be at a	40264
discount of not less than ~~twelve and one-half~~six per cent of the	40265
retail selling prices as determined by the division in accordance	40266
with this section.	40267

(C) The division may approve the expansion or diminution of a	40268
premises to which a liquor permit has been issued and may adopt	40269
standards governing such an expansion or diminution.	40270

Sec. 4301.43. (A) As used in sections 4301.43 to 4301.50 of	40271
the Revised Code:	40272

(1) "Gallon" or "wine gallon" means one hundred twenty-eight	40273
fluid ounces.	40274

(2) "Sale" or "sell" includes exchange, barter, gift,	40275
distribution, and, except with respect to A-4 permit holders,	40276
offer for sale.	40277

(B) For the purposes of providing revenues for the support of	40278
the state and encouraging the grape industries in the state, a tax	40279
is hereby levied on the sale or distribution of wine in Ohio,	40280
except for known sacramental purposes, at the rate of thirty cents	40281
per wine gallon for wine containing not less than four per cent of	40282
alcohol by volume and not more than fourteen per cent of alcohol	40283
by volume, ninety-eight cents per wine gallon for wine containing	40284
more than fourteen per cent but not more than twenty-one per cent	40285
of alcohol by volume, one dollar and eight cents per wine gallon	40286
for vermouth, and one dollar and forty-eight cents per wine gallon	40287
for sparkling and carbonated wine and champagne, the tax to be	40288
paid by the holders of A-2 and B-5 permits or by any other person	40289
selling or distributing wine upon which no tax has been paid. From	40290
the tax paid under this section on wine, vermouth, and sparkling	40291
and carbonated wine and champagne, the treasurer of state shall	40292
credit to the Ohio grape industries fund created under section	40293
924.54 of the Revised Code a sum equal to one cent per gallon for	40294
each gallon upon which the tax is paid.	40295

(C) For the purpose of providing revenues for the support of	40296
the state, there is hereby levied a tax on prepared and bottled	40297
highballs, cocktails, cordials, and other mixed beverages at the	40298
rate of one dollar and twenty cents per wine gallon to be paid by	40299
holders of A-4 permits or by any other person selling or	40300
distributing those products upon which no tax has been paid. Only	40301
one sale of the same article shall be used in computing the amount	40302
of tax due. The tax on mixed beverages to be paid by holders of	40303
A-4 permits under this section shall not attach until the	40304
ownership of the mixed beverage is transferred for valuable	40305
consideration to a wholesaler or retailer, and no payment of the	40306
tax shall be required prior to that time.	40307

(D) During the period of July 1, ~~2003~~2005, through June 30,	40308
~~2005~~2007, from the tax paid under this section on wine, vermouth,	40309
and sparkling and carbonated wine and champagne, the treasurer of	40310
state shall credit to the Ohio grape industries fund created under	40311
section 924.54 of the Revised Code a sum equal to two cents per	40312
gallon upon which the tax is paid. The amount credited under this	40313
division is in addition to the amount credited to the Ohio grape	40314
industries fund under division (B) of this section.	40315

(E) For the purpose of providing revenues for the support of	40316
the state, there is hereby levied a tax on cider at the rate of	40317
twenty-four cents per wine gallon to be paid by the holders of A-2	40318
and B-5 permits or by any other person selling or distributing	40319
cider upon which no tax has been paid. Only one sale of the same	40320
article shall be used in computing the amount of the tax due.	40321

Sec. 4303.182. (A) Except as otherwise provided in divisions	40322
(B) to (G) of this section, permit D-6 shall be issued to the	40323
holder of an A-1-A, A-2, C-2, D-2, D-3, D-3a, D-4, D-4a, D-5,	40324
D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k,	40325
or D-7 permit to allow sale under that permit between the hours of	40326
ten a.m. and midnight, or between the hours of one p.m. and	40327
midnight, on Sunday, as applicable, if that sale has been	40328
authorized under section 4301.361, 4301.364, 4301.365, or 4301.366	40329
of the Revised Code and under the restrictions of that	40330
authorization.	40331

(B) Permit D-6 shall be issued to the holder of any permit,	40332
including a D-4a and D-5d permit, authorizing the sale of	40333
intoxicating liquor issued for a premises located at any publicly	40334
owned airport, as defined in section 4563.01 of the Revised Code,	40335
at which commercial airline companies operate regularly scheduled	40336
flights on which space is available to the public, to allow sale	40337
under such permit between the hours of ten a.m. and midnight on	40338
Sunday, whether or not that sale has been authorized under section	40339
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	40340

(C) Permit D-6 shall be issued to the holder of a D-5a	40341
permit, and to the holder of a D-3 or D-3a permit who is the owner	40342
or operator of a hotel or motel that is required to be licensed	40343
under section 3731.03 of the Revised Code, that contains at least	40344
fifty rooms for registered transient guests, and that has on its	40345
premises a retail food establishment or a food service operation	40346
licensed pursuant to Chapter 3717. of the Revised Code that	40347
operates as a restaurant for purposes of this chapter and is	40348
affiliated with the hotel or motel and within or contiguous to the	40349
hotel or motel and serving food within the hotel or motel, to	40350
allow sale under such permit between the hours of ten a.m. and	40351
midnight on Sunday, whether or not that sale has been authorized	40352
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	40353
Revised Code.	40354

(D) The holder of a D-6 permit that is issued to a sports	40355
facility may make sales under the permit between the hours of	40356
eleven a.m. and midnight on any Sunday on which a professional	40357
baseball, basketball, football, hockey, or soccer game is being	40358
played at the sports facility. As used in this division, "sports	40359
facility" means a stadium or arena that has a seating capacity of	40360
at least four thousand and that is owned or leased by a	40361
professional baseball, basketball, football, hockey, or soccer	40362
franchise or any combination of those franchises.	40363

(E) Permit D-6 shall be issued to the holder of any permit	40364
that authorizes the sale of beer or intoxicating liquor and that	40365
is issued to a premises located in or at the Ohio historical	40366
society area or the state fairgrounds, as defined in division (B)	40367
of section 4301.40 of the Revised Code, to allow sale under that	40368
permit between the hours of ten a.m. and midnight on Sunday,	40369
whether or not that sale has been authorized under section	40370
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	40371

(F) Permit D-6 shall be issued to the holder of any permit	40372
that authorizes the sale of intoxicating liquor and that is issued	40373
to an outdoor performing arts center to allow sale under that	40374
permit between the hours of one p.m. and midnight on Sunday,	40375
whether or not that sale has been authorized under section	40376
4301.361 of the Revised Code. A D-6 permit issued under this	40377
division is subject to the results of an election, held after the	40378
D-6 permit is issued, on question (B)(4) as set forth in section	40379
4301.351 of the Revised Code. Following the end of the period	40380
during which an election may be held on question (B)(4) as set	40381
forth in that section, sales of intoxicating liquor may continue	40382
at an outdoor performing arts center under a D-6 permit issued	40383
under this division, unless an election on that question is held	40384
during the permitted period and a majority of the voters voting in	40385
the precinct on that question vote "no."	40386

As used in this division, "outdoor performing arts center"	40387
means an outdoor performing arts center that is located on not	40388
less than eight hundred acres of land and that is open for	40389
performances from the first day of April to the last day of	40390
October of each year.	40391

(G) Permit D-6 shall be issued to the holder of any permit	40392
that authorizes the sale of beer or intoxicating liquor and that	40393
is issued to a golf course owned by the state, a conservancy	40394
district, a park district created under Chapter 1545. of the	40395
Revised Code, or another political subdivision to allow sale under	40396
that permit between the hours of ten a.m. and midnight on Sunday,	40397
whether or not that sale has been authorized under section	40398
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	40399

(H) Permit D-6 shall be issued to the holder of a D-5g permit	40400
to allow sale under that permit between the hours of ten a.m. and	40401
midnight on Sunday, whether or not that sale has been authorized	40402
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	40403
Revised Code.	40404

(I) Permit D-6 shall be issued to the holder of a D-5 permit	40405
for a premises that is licensed under section 3717.43 of the	40406
Revised Code and that is located at a ski area as defined in	40407
section 4169.01 of the Revised Code to allow sale under the D-6	40408
permit between the hours of ten a.m. and midnight on Sunday,	40409
whether or not that sale has been authorized under section	40410
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	40411

(J) If the restriction to licensed premises where the sale of	40412
food and other goods and services exceeds fifty per cent of the	40413
total gross receipts of the permit holder at the premises is	40414
applicable, the division of liquor control may accept an affidavit	40415
from the permit holder to show the proportion of the permit	40416
holder's gross receipts derived from the sale of food and other	40417
goods and services. If the liquor control commission determines	40418
that affidavit to have been false, it shall revoke the permits of	40419
the permit holder at the premises concerned.	40420

~~(J)~~(K) The fee for the D-6 permit is five hundred dollars	40421
when it is issued to the holder of an A-1-A, A-2, D-2, D-3, D-3a,	40422
D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h,	40423
D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6 permit is	40424
four hundred dollars when it is issued to the holder of a C-2	40425
permit.	40426

Sec. 4501.01. As used in this chapter and Chapters 4503.,	40427
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	40428
Revised Code, and in the penal laws, except as otherwise provided:	40429

(A) "Vehicles" means everything on wheels or runners,	40430
including motorized bicycles, but does not mean electric personal	40431
assistive mobility devices, vehicles that are operated exclusively	40432
on rails or tracks or from overhead electric trolley wires, and	40433
vehicles that belong to any police department, municipal fire	40434
department, or volunteer fire department, or that are used by such	40435
a department in the discharge of its functions.	40436

(B) "Motor vehicle" means any vehicle, including mobile homes	40437
and recreational vehicles, that is propelled or drawn by power	40438
other than muscular power or power collected from overhead	40439
electric trolley wires. "Motor vehicle" does not include utility	40440
vehicles as defined in division (VV) of this section, motorized	40441
bicycles, road rollers, traction engines, power shovels, power	40442
cranes, and other equipment used in construction work and not	40443
designed for or employed in general highway transportation,	40444
well-drilling machinery, ditch-digging machinery, farm machinery,	40445
trailers that are used to transport agricultural produce or	40446
agricultural production materials between a local place of storage	40447
or supply and the farm when drawn or towed on a public road or	40448
highway at a speed of twenty-five miles per hour or less,	40449
threshing machinery, hay-baling machinery, corn sheller,	40450
hammermill and agricultural tractors, machinery used in the	40451
production of horticultural, agricultural, and vegetable products,	40452
and trailers that are designed and used exclusively to transport a	40453
boat between a place of storage and a marina, or in and around a	40454
marina, when drawn or towed on a public road or highway for a	40455
distance of no more than ten miles and at a speed of twenty-five	40456
miles per hour or less.	40457

(C) "Agricultural tractor" and "traction engine" mean any	40458
self-propelling vehicle that is designed or used for drawing other	40459
vehicles or wheeled machinery, but has no provisions for carrying	40460
loads independently of such other vehicles, and that is used	40461
principally for agricultural purposes.	40462

(D) "Commercial tractor," except as defined in division (C)	40463
of this section, means any motor vehicle that has motive power and	40464
either is designed or used for drawing other motor vehicles, or is	40465
designed or used for drawing another motor vehicle while carrying	40466
a portion of the other motor vehicle or its load, or both.	40467

(E) "Passenger car" means any motor vehicle that is designed	40468
and used for carrying not more than nine persons and includes any	40469
motor vehicle that is designed and used for carrying not more than	40470
fifteen persons in a ridesharing arrangement.	40471

(F) "Collector's vehicle" means any motor vehicle or	40472
agricultural tractor or traction engine that is of special	40473
interest, that has a fair market value of one hundred dollars or	40474
more, whether operable or not, and that is owned, operated,	40475
collected, preserved, restored, maintained, or used essentially as	40476
a collector's item, leisure pursuit, or investment, but not as the	40477
owner's principal means of transportation. "Licensed collector's	40478
vehicle" means a collector's vehicle, other than an agricultural	40479
tractor or traction engine, that displays current, valid license	40480
tags issued under section 4503.45 of the Revised Code, or a	40481
similar type of motor vehicle that displays current, valid license	40482
tags issued under substantially equivalent provisions in the laws	40483
of other states.	40484

(G) "Historical motor vehicle" means any motor vehicle that	40485
is over twenty-five years old and is owned solely as a collector's	40486
item and for participation in club activities, exhibitions, tours,	40487
parades, and similar uses, but that in no event is used for	40488
general transportation.	40489

(H) "Noncommercial motor vehicle" means any motor vehicle,	40490
including a farm truck as defined in section 4503.04 of the	40491
Revised Code, that is designed by the manufacturer to carry a load	40492
of no more than one ton and is used exclusively for purposes other	40493
than engaging in business for profit.	40494

(I) "Bus" means any motor vehicle that has motor power and is	40495
designed and used for carrying more than nine passengers, except	40496
any motor vehicle that is designed and used for carrying not more	40497
than fifteen passengers in a ridesharing arrangement.	40498

(J) "Commercial car" or "truck" means any motor vehicle that	40499
has motor power and is designed and used for carrying merchandise	40500
or freight, or that is used as a commercial tractor.	40501

(K) "Bicycle" means every device, other than a tricycle that	40502
is designed solely for use as a play vehicle by a child, that is	40503
propelled solely by human power upon which any person may ride,	40504
and that has either two tandem wheels, or one wheel in front and	40505
two wheels in the rear, any of which is more than fourteen inches	40506
in diameter.	40507

(L) "Motorized bicycle" means any vehicle that either has two	40508
tandem wheels or one wheel in the front and two wheels in the	40509
rear, that is capable of being pedaled, and that is equipped with	40510
a helper motor of not more than fifty cubic centimeters piston	40511
displacement that produces no more than one brake horsepower and	40512
is capable of propelling the vehicle at a speed of no greater than	40513
twenty miles per hour on a level surface.	40514

(M) "Trailer" means any vehicle without motive power that is	40515
designed or used for carrying property or persons wholly on its	40516
own structure and for being drawn by a motor vehicle, and includes	40517
any such vehicle that is formed by or operated as a combination of	40518
a semitrailer and a vehicle of the dolly type such as that	40519
commonly known as a trailer dolly, a vehicle used to transport	40520
agricultural produce or agricultural production materials between	40521
a local place of storage or supply and the farm when drawn or	40522
towed on a public road or highway at a speed greater than	40523
twenty-five miles per hour, and a vehicle that is designed and	40524
used exclusively to transport a boat between a place of storage	40525
and a marina, or in and around a marina, when drawn or towed on a	40526
public road or highway for a distance of more than ten miles or at	40527
a speed of more than twenty-five miles per hour. "Trailer" does	40528
not include a manufactured home or travel trailer.	40529

(N) "Noncommercial trailer" means any trailer, except a	40530
travel trailer or trailer that is used to transport a boat as	40531
described in division (B) of this section, but, where applicable,	40532
includes a vehicle that is used to transport a boat as described	40533
in division (M) of this section, that has a gross weight of no	40534
more than three thousand pounds, and that is used exclusively for	40535
purposes other than engaging in business for a profit.	40536

(O) "Mobile home" means a building unit or assembly of closed	40537
construction that is fabricated in an off-site facility, is more	40538
than thirty-five body feet in length or, when erected on site, is	40539
three hundred twenty or more square feet, is built on a permanent	40540
chassis, is transportable in one or more sections, and does not	40541
qualify as a manufactured home as defined in division (C)(4) of	40542
section 3781.06 of the Revised Code or as an industrialized unit	40543
as defined in division (C)(3) of section 3781.06 of the Revised	40544
Code.	40545

(P) "Semitrailer" means any vehicle of the trailer type that	40546
does not have motive power and is so designed or used with another	40547
and separate motor vehicle that in operation a part of its own	40548
weight or that of its load, or both, rests upon and is carried by	40549
the other vehicle furnishing the motive power for propelling	40550
itself and the vehicle referred to in this division, and includes,	40551
for the purpose only of registration and taxation under those	40552
chapters, any vehicle of the dolly type, such as a trailer dolly,	40553
that is designed or used for the conversion of a semitrailer into	40554
a trailer.	40555

(Q) "Recreational vehicle" means a vehicular portable	40556
structure that meets all of the following conditions:	40557

(1) It is designed for the sole purpose of recreational	40558
travel.	40559

(2) It is not used for the purpose of engaging in business	40560
for profit.	40561

(3) It is not used for the purpose of engaging in intrastate	40562
commerce.	40563

(4) It is not used for the purpose of commerce as defined in	40564
49 C.F.R. 383.5, as amended.	40565

(5) It is not regulated by the public utilities commission	40566
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	40567

(6) It is classed as one of the following:

40568

(a) "Travel trailer" means a nonself-propelled recreational	40569
vehicle that does not exceed an overall length of thirty-five	40570
feet, exclusive of bumper and tongue or coupling, and contains	40571
less than three hundred twenty square feet of space when erected	40572
on site. "Travel trailer" includes a tent-type fold-out camping	40573
trailer as defined in section 4517.01 of the Revised Code.	40574

(b) "Motor home" means a self-propelled recreational vehicle	40575
that has no fifth wheel and is constructed with permanently	40576
installed facilities for cold storage, cooking and consuming of	40577
food, and for sleeping.	40578

(c) "Truck camper" means a nonself-propelled recreational	40579
vehicle that does not have wheels for road use and is designed to	40580
be placed upon and attached to a motor vehicle. "Truck camper"	40581
does not include truck covers that consist of walls and a roof,	40582
but do not have floors and facilities enabling them to be used as	40583
a dwelling.	40584

(d) "Fifth wheel trailer" means a vehicle that is of such	40585
size and weight as to be movable without a special highway permit,	40586
that has a gross trailer area of four hundred square feet or less,	40587
that is constructed with a raised forward section that allows a	40588
bi-level floor plan, and that is designed to be towed by a vehicle	40589
equipped with a fifth-wheel hitch ordinarily installed in the bed	40590
of a truck.	40591

(e) "Park trailer" means a vehicle that is commonly known as	40592
a park model recreational vehicle, meets the American national	40593
standard institute standard A119.5 (1988) for park trailers, is	40594
built on a single chassis, has a gross trailer area of four	40595
hundred square feet or less when set up, is designed for seasonal	40596
or temporary living quarters, and may be connected to utilities	40597
necessary for the operation of installed features and appliances.	40598

(R) "Pneumatic tires" means tires of rubber and fabric or	40599
tires of similar material, that are inflated with air.	40600

(S) "Solid tires" means tires of rubber or similar elastic	40601
material that are not dependent upon confined air for support of	40602
the load.	40603

(T) "Solid tire vehicle" means any vehicle that is equipped	40604
with two or more solid tires.	40605

(U) "Farm machinery" means all machines and tools that are	40606
used in the production, harvesting, and care of farm products, and	40607
includes trailers that are used to transport agricultural produce	40608
or agricultural production materials between a local place of	40609
storage or supply and the farm when drawn or towed on a public	40610
road or highway at a speed of twenty-five miles per hour or less.	40611

(V) "Owner" includes any person or firm, other than a	40612
manufacturer or dealer, that has title to a motor vehicle, except	40613
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	40614
includes in addition manufacturers and dealers.	40615

(W) "Manufacturer" and "dealer" include all persons and firms	40616
that are regularly engaged in the business of manufacturing,	40617
selling, displaying, offering for sale, or dealing in motor	40618
vehicles, at an established place of business that is used	40619
exclusively for the purpose of manufacturing, selling, displaying,	40620
offering for sale, or dealing in motor vehicles. A place of	40621
business that is used for manufacturing, selling, displaying,	40622
offering for sale, or dealing in motor vehicles shall be deemed to	40623
be used exclusively for those purposes even though snowmobiles or	40624
all-purpose vehicles are sold or displayed for sale thereat, even	40625
though farm machinery is sold or displayed for sale thereat, or	40626
even though repair, accessory, gasoline and oil, storage, parts,	40627
service, or paint departments are maintained thereat, or, in any	40628
county having a population of less than seventy-five thousand at	40629
the last federal census, even though a department in a place of	40630
business is used to dismantle, salvage, or rebuild motor vehicles	40631
by means of used parts, if such departments are operated for the	40632
purpose of furthering and assisting in the business of	40633
manufacturing, selling, displaying, offering for sale, or dealing	40634
in motor vehicles. Places of business or departments in a place of	40635
business used to dismantle, salvage, or rebuild motor vehicles by	40636
means of using used parts are not considered as being maintained	40637
for the purpose of assisting or furthering the manufacturing,	40638
selling, displaying, and offering for sale or dealing in motor	40639
vehicles.	40640

(X) "Operator" includes any person who drives or operates a	40641
motor vehicle upon the public highways.	40642

(Y) "Chauffeur" means any operator who operates a motor	40643
vehicle, other than a taxicab, as an employee for hire; or any	40644
operator whether or not the owner of a motor vehicle, other than a	40645
taxicab, who operates such vehicle for transporting, for gain,	40646
compensation, or profit, either persons or property owned by	40647
another. Any operator of a motor vehicle who is voluntarily	40648
involved in a ridesharing arrangement is not considered an	40649
employee for hire or operating such vehicle for gain,	40650
compensation, or profit.	40651

(Z) "State" includes the territories and federal districts of	40652
the United States, and the provinces of Canada.	40653

(AA) "Public roads and highways" for vehicles includes all	40654
public thoroughfares, bridges, and culverts.	40655

(BB) "Manufacturer's number" means the manufacturer's	40656
original serial number that is affixed to or imprinted upon the	40657
chassis or other part of the motor vehicle.	40658

(CC) "Motor number" means the manufacturer's original number	40659
that is affixed to or imprinted upon the engine or motor of the	40660
vehicle.	40661

(DD) "Distributor" means any person who is authorized by a	40662
motor vehicle manufacturer to distribute new motor vehicles to	40663
licensed motor vehicle dealers at an established place of business	40664
that is used exclusively for the purpose of distributing new motor	40665
vehicles to licensed motor vehicle dealers, except when the	40666
distributor also is a new motor vehicle dealer, in which case the	40667
distributor may distribute at the location of the distributor's	40668
licensed dealership.	40669

(EE) "Ridesharing arrangement" means the transportation of	40670
persons in a motor vehicle where the transportation is incidental	40671
to another purpose of a volunteer driver and includes ridesharing	40672
arrangements known as carpools, vanpools, and buspools.	40673

(FF) "Apportionable vehicle" means any vehicle that is used	40674
or intended for use in two or more international registration plan	40675
member jurisdictions that allocate or proportionally register	40676
vehicles, that is used for the transportation of persons for hire	40677
or designed, used, or maintained primarily for the transportation	40678
of property, and that meets any of the following qualifications:	40679

(1) Is a power unit having a gross vehicle weight in excess	40680
of twenty-six thousand pounds;	40681

(2) Is a power unit having three or more axles, regardless of	40682
the gross vehicle weight;	40683

(3) Is a combination vehicle with a gross vehicle weight in	40684
excess of twenty-six thousand pounds.	40685

"Apportionable vehicle" does not include recreational	40686
vehicles, vehicles displaying restricted plates, city pick-up and	40687
delivery vehicles, buses used for the transportation of chartered	40688
parties, or vehicles owned and operated by the United States, this	40689
state, or any political subdivisions thereof.	40690

(GG) "Chartered party" means a group of persons who contract	40691
as a group to acquire the exclusive use of a passenger-carrying	40692
motor vehicle at a fixed charge for the vehicle in accordance with	40693
the carrier's tariff, lawfully on file with the United States	40694
department of transportation, for the purpose of group travel to a	40695
specified destination or for a particular itinerary, either agreed	40696
upon in advance or modified by the chartered group after having	40697
left the place of origin.	40698

(HH) "International registration plan" means a reciprocal	40699
agreement of member jurisdictions that is endorsed by the American	40700
association of motor vehicle administrators, and that promotes and	40701
encourages the fullest possible use of the highway system by	40702
authorizing apportioned registration of fleets of vehicles and	40703
recognizing registration of vehicles apportioned in member	40704
jurisdictions.	40705

(II) "Restricted plate" means a license plate that has a	40706
restriction of time, geographic area, mileage, or commodity, and	40707
includes license plates issued to farm trucks under division (J)	40708
of section 4503.04 of the Revised Code.	40709

(JJ) "Gross vehicle weight," with regard to any commercial	40710
car, trailer, semitrailer, or bus that is taxed at the rates	40711
established under section 4503.042 of the Revised Code, means the	40712
unladen weight of the vehicle fully equipped plus the maximum	40713
weight of the load to be carried on the vehicle.	40714

(KK) "Combined gross vehicle weight" with regard to any	40715
combination of a commercial car, trailer, and semitrailer, that is	40716
taxed at the rates established under section 4503.042 of the	40717
Revised Code, means the total unladen weight of the combination of	40718
vehicles fully equipped plus the maximum weight of the load to be	40719
carried on that combination of vehicles.	40720

(LL) "Chauffeured limousine" means a motor vehicle that is	40721
designed to carry nine or fewer passengers and is operated for	40722
hire on an hourly basis pursuant to a prearranged contract for the	40723
transportation of passengers on public roads and highways along a	40724
route under the control of the person hiring the vehicle and not	40725
over a defined and regular route. "Prearranged contract" means an	40726
agreement, made in advance of boarding, to provide transportation	40727
from a specific location in a chauffeured limousine at a fixed	40728
rate per hour or trip. "Chauffeured limousine" does not include	40729
any vehicle that is used exclusively in the business of funeral	40730
directing.	40731

(MM) "Manufactured home" has the same meaning as in division	40732
(C)(4) of section 3781.06 of the Revised Code.	40733

(NN) "Acquired situs," with respect to a manufactured home or	40734
a mobile home, means to become located in this state by the	40735
placement of the home on real property, but does not include the	40736
placement of a manufactured home or a mobile home in the inventory	40737
of a new motor vehicle dealer or the inventory of a manufacturer,	40738
remanufacturer, or distributor of manufactured or mobile homes.	40739

(OO) "Electronic" includes electrical, digital, magnetic,	40740
optical, electromagnetic, or any other form of technology that	40741
entails capabilities similar to these technologies.	40742

(PP) "Electronic record" means a record generated,	40743
communicated, received, or stored by electronic means for use in	40744
an information system or for transmission from one information	40745
system to another.	40746

(QQ) "Electronic signature" means a signature in electronic	40747
form attached to or logically associated with an electronic	40748
record.	40749

(RR) "Financial transaction device" has the same meaning as	40750
in division (A) of section 113.40 of the Revised Code.	40751

(SS) "Electronic motor vehicle dealer" means a motor vehicle	40752
dealer licensed under Chapter 4517. of the Revised Code whom the	40753
registrar of motor vehicles determines meets the criteria	40754
designated in section 4503.035 of the Revised Code for electronic	40755
motor vehicle dealers and designates as an electronic motor	40756
vehicle dealer under that section.	40757

(TT) "Electric personal assistive mobility device" means a	40758
self-balancing two non-tandem wheeled device that is designed to	40759
transport only one person, has an electric propulsion system of an	40760
average of seven hundred fifty watts, and when ridden on a paved	40761
level surface by an operator who weighs one hundred seventy pounds	40762
has a maximum speed of less than twenty miles per hour.	40763

(UU) "Limited driving privileges" means the privilege to	40764
operate a motor vehicle that a court grants under section 4510.021	40765
of the Revised Code to a person whose driver's or commercial	40766
driver's license or permit or nonresident operating privilege has	40767
been suspended.	40768

(VV) "Utility vehicle" means a self-propelled vehicle	40769
designed with a bed, principally for the purpose of transporting	40770
material or cargo in connection with construction, agricultural,	40771
forestry, grounds maintenance, lawn and garden, materials	40772
handling, or similar activities.	40773

Sec. 4501.07. There is hereby created in the state treasury	40774
the highway safety building fund. Subject to any applicable	40775
provisions of the bond proceedings, all of the proceeds of the	40776
sale of highway safety obligations issued pursuant to section	40777
152.09 of the Revised Code shall be credited to the fund. The fund	40778
shall be used to pay costs of capital facilities designated by or	40779
pursuant to acts of the general assembly. All investment earnings	40780
of the fund shall be credited to the fund.	40781

Notwithstanding any provision of law, at any time prior to	40782
the sale of such obligations, the director of budget and	40783
management, upon the request of the director of public safety, may	40784
transfer cash temporarily from the state highway safety fund	40785
created in section 4501.06 of the Revised Code to the highway	40786
safety building fund, where such cash may be used to fund capital	40787
projects for which appropriations have been made from the highway	40788
safety building fund. At such time as the obligations are sold,	40789
the director of budget and management shall transfer from the	40790
highway safety building fund to the highway safety fund any	40791
amounts originally transferred to the highway safety building fund	40792
under this section.	40793

Sec. 4501.37. (A) No court may reverse, suspend, or delay	40794
any order made by the registrar of motor vehicles, or enjoin,	40795
restrain, or interfere with the registrar or a deputy registrar in	40796
the performance of official duties, except as provided in this	40797
chapter and Chapter 4507. or 4510. of the Revised Code.	40798

(B) A court shall not order the bureau of motor vehicles to	40799
delete a record of conviction unless the court finds that deletion	40800
of the record of conviction is necessary to correct an error. The	40801
bureau shall not comply with a court order that directs the	40802
deletion of a record of conviction unless the order states that	40803
the record of conviction is being deleted in order to correct an	40804
error.	40805

Sec. 4503.103. (A)(1)(a) The registrar of motor vehicles may	40806
adopt rules to permit any person or lessee, other than a person	40807
receiving an apportioned license plate under the international	40808
registration plan, who owns or leases one or more motor vehicles	40809
to file a written application for registration for no more than	40810
five succeeding registration years. The rules adopted by the	40811
registrar may designate the classes of motor vehicles that are	40812
eligible for such registration. At the time of application, all	40813
annual taxes and fees shall be paid for each year for which the	40814
person is registering.	40815

(b)(i) Except as provided in division (A)(1)(b)(ii) of this	40816
section, the registrar shall adopt rules to permit any person who	40817
owns a motor vehicle to file an application for registration for	40818
the next two succeeding registration years. At the time of	40819
application, the person shall pay the annual taxes and fees for	40820
each registration year, calculated in accordance with division (C)	40821
of section 4503.11 of the Revised Code. A person who is	40822
registering a vehicle under division (A)(1)(b) of this section	40823
shall pay for each year of registration the additional fee	40824
established under division (C)(1) of section 4503.10 of the	40825
Revised Code. The person shall also pay one and one-half times the	40826
amount of the deputy registrar service fee specified in division	40827
(D) of section 4503.10 of the Revised Code or the bureau of motor	40828
vehicles service fee specified in division (G) of that section, as	40829
applicable.	40830

(ii) Division (A)(1)(b)(i) of this section does not apply to	40831
a person receiving an apportioned license plate under the	40832
international registration plan, or the owner of a commercial car	40833
used solely in intrastate commerce, or the owner of a bus as	40834
defined in section 4513.50 of the Revised Code.	40835

(2) No person applying for a multi-year registration under	40836
division (A)(1) of this section is entitled to a refund of any	40837
taxes or fees paid.	40838

(3) The registrar shall not issue to any applicant who has	40839
been issued a final, nonappealable order under division (B) of	40840
this section a multi-year registration or renewal thereof under	40841
this division or rules adopted under it for any motor vehicle that	40842
is required to be inspected under section 3704.14 of the Revised	40843
Code the district of registration of which, as determined under	40844
section 4503.10 of the Revised Code, is or is located in the	40845
county named in the order.	40846

(B) Upon receipt from the director of environmental	40847
protection of a notice issued under ~~division (J) of~~rules adopted	40848
under section 3704.14 of the Revised Code indicating that an owner	40849
of a motor vehicle that is required to be inspected under that	40850
section who obtained a multi-year registration for the vehicle	40851
under division (A) of this section or rules adopted under that	40852
division has not obtained ana required inspection certificate for	40853
the vehicle ~~in accordance with that section in a year intervening~~	40854
~~between the years of issuance and expiration of the multi-year~~	40855
~~registration in which the owner is required to have the vehicle~~	40856
~~inspected and obtain an inspection certificate for it under~~	40857
~~division (F)(1)(a) of that section~~, the registrar in accordance	40858
with Chapter 119. of the Revised Code shall issue an order to the	40859
owner impounding the certificate of registration and	40860
identification license plates for the vehicle. The order also	40861
shall prohibit the owner from obtaining or renewing a multi-year	40862
registration for any vehicle that is required to be inspected	40863
under that section, the district of registration of which is or is	40864
located in the same county as the county named in the order during	40865
the number of years after expiration of the current multi-year	40866
registration that equals the number of years for which the current	40867
multi-year registration was issued.	40868

An order issued under this division shall require the owner	40869
to surrender to the registrar the certificate of registration and	40870
license plates for the vehicle named in the order within five days	40871
after its issuance. If the owner fails to do so within that time,	40872
the registrar shall certify that fact to the county sheriff or	40873
local police officials who shall recover the certificate of	40874
registration and license plates for the vehicle.	40875

(C) Upon the occurrence of either of the following	40876
circumstances, the registrar in accordance with Chapter 119. of	40877
the Revised Code shall issue to the owner a modified order	40878
rescinding the provisions of the order issued under division (B)	40879
of this section impounding the certificate of registration and	40880
license plates for the vehicle named in that original order:	40881

(1) Receipt from the director of environmental protection of	40882
a subsequent notice under ~~division (J) of~~rules adopted under	40883
section 3704.14 of the Revised Code that the owner has obtained	40884
the inspection certificate for the vehicle as required under	40885
~~division (F)(1)(a) of that section~~those rules;	40886

(2) Presentation to the registrar by the owner of the	40887
required inspection certificate for the vehicle.	40888

(D) The owner of a motor vehicle for which the certificate of	40889
registration and license plates have been impounded pursuant to an	40890
order issued under division (B) of this section, upon issuance of	40891
a modified order under division (C) of this section, may apply to	40892
the registrar for their return. A fee of two dollars and fifty	40893
cents shall be charged for the return of the certificate of	40894
registration and license plates for each vehicle named in the	40895
application.	40896

Sec. 4503.471. (A) Any person who is a member in good	40897
standing of the international association of firefighters may	40898
apply to the registrar of motor vehicles for the registration of	40899
any passenger car, noncommercial vehicle, ~~motor home~~recreational	40900
vehicle, or other vehicle of a class approved by the registrar	40901
that the person owns or leases and the issuance of international	40902
association of firefighters license plates. The application shall	40903
be accompanied by the written evidence that the registrar may	40904
require by rule showing that the person is a member in good	40905
standing of the international association of firefighters. The	40906
application for international association of firefighters license	40907
plates may be combined with a request for a special reserved	40908
license plate under section 4503.40 or 4503.42 of the Revised	40909
Code.	40910

Upon receipt of an application for registration of a vehicle	40911
under this section and presentation of satisfactory evidence	40912
showing that the person is a member in good standing of the	40913
international association of firefighters, the registrar shall	40914
issue to the applicant the appropriate vehicle registrations, sets	40915
of license plates and validation stickers, or validation stickers	40916
alone when required by section 4503.191 of the Revised Code.	40917

In addition to the letters and numbers ordinarily inscribed	40918
on the license plates, international association of firefighters	40919
license plates shall be inscribed with a Maltese cross emblem	40920
designed by the international association of firefighters and	40921
approved by the registrar. International association of	40922
firefighters license plates shall bear county identification	40923
stickers that identify the county of registration by name or	40924
number.	40925

The license plates and validation stickers shall be issued	40926
upon payment of the regular license fee as prescribed under	40927
section 4503.04 of the Revised Code, payment of any local motor	40928
vehicle tax levied under Chapter 4504. of the Revised Code, and	40929
payment of an additional fee of ten dollars for the purpose of	40930
compensating the bureau of motor vehicles for additional services	40931
required in the issuing of license plates under this section. If	40932
the application for international association of firefighters	40933
license plates is combined with a request for a special reserved	40934
license plate under section 4503.40 or 4503.42 of the Revised	40935
Code, the license plate and validation sticker shall be issued	40936
upon payment of the fees and taxes contained in this division and	40937
the additional fee prescribed under section 4503.40 or 4503.42 of	40938
the Revised Code. The registrar shall deposit the additional fee	40939
of ten dollars in the state bureau of motor vehicles fund created	40940
by section 4501.25 of the Revised Code.	40941

Whenever a person no longer is eligible to be issued	40942
international association of firefighters license plates, the	40943
person shall surrender the international association of	40944
firefighters license plates to the bureau in exchange for license	40945
plates without the Maltese cross emblem described in this section.	40946
A fee of five dollars shall be charged for the services required	40947
in the issuing of replacement plates when a person no longer is	40948
eligible to be issued international association of firefighters	40949
license plates.	40950

A person may make application for international association	40951
of firefighters license plates at any time of year, and the	40952
registrar shall issue international association of firefighters	40953
license plates and replacement plates at any time of year.	40954

(B) No person who is not a member in good standing of the	40955
international association of firefighters shall willfully and	40956
falsely represent that the person is a member in good standing of	40957
the international association of firefighters for the purpose of	40958
obtaining international association of firefighters license plates	40959
under this section. No person shall own or lease a vehicle bearing	40960
international association of firefighters license plates unless	40961
the person is eligible to be issued international association of	40962
firefighters license plates.	40963

(C) Whoever violates division (B) of this section is guilty	40964
of a misdemeanor of the fourth degree.	40965

Sec. 4503.48. Any person who is a member of the Ohio	40966
national guard or the reserves of the armed forces of the United	40967
States may apply to the registrar of motor vehicles for the	40968
registration of any passenger car, noncommercial motor vehicle,	40969
~~motor home~~recreational vehicle, or other vehicle of a class	40970
approved by the registrar that the person owns or leases. The	40971
application shall be accompanied by such written evidence that the	40972
person is a member of the Ohio national guard or of the reserves	40973
as the registrar requires by rule.	40974

Upon receipt of an application for registration of a motor	40975
vehicle under this section, presentation of satisfactory evidence	40976
of membership in the Ohio national guard or the reserves, and	40977
payment of the regular license fees as prescribed under section	40978
4503.04 of the Revised Code and any local motor vehicle license	40979
tax levied under Chapter 4504. of the Revised Code, the registrar	40980
shall issue to the applicant the appropriate motor vehicle	40981
registration and a set of license plates and a validation sticker,	40982
or a validation sticker alone when required by section 4503.191 of	40983
the Revised Code. In addition to the letters and numbers	40984
ordinarily inscribed thereon, the license plates shall be	40985
inscribed with identifying words or markings designed by the	40986
department of public safety. The license plates shall bear county	40987
identification stickers that identify the county of registration	40988
by name or number.	40989

Sec. 4503.50. (A) The owner or lessee of any passenger car,	40990
noncommercial motor vehicle, ~~motor home~~recreational vehicle, or	40991
other vehicle of a class approved by the registrar of motor	40992
vehicles may apply to the registrar for the registration of the	40993
vehicle and issuance of future farmers of America license plates.	40994
The application for future farmers of America license plates may	40995
be combined with a request for a special reserved license plate	40996
under section 4503.40 or 4503.42 of the Revised Code. Upon receipt	40997
of the completed application and compliance with division (B) of	40998
this section, the registrar shall issue to the applicant the	40999
appropriate vehicle registration and a set of future farmers of	41000
America license plates with a validation sticker or a validation	41001
sticker alone when required by section 4503.191 of the Revised	41002
Code.	41003

In addition to the letters and numbers ordinarily inscribed	41004
on the license plates, future farmers of America license plates	41005
shall be inscribed with identifying words or markings representing	41006
the future farmers of America and approved by the registrar.	41007
Future farmers of America license plates shall bear county	41008
identification stickers that identify the county of registration	41009
by name or number.	41010

(B) The future farmers of America license plates and	41011
validation sticker shall be issued upon receipt of a contribution	41012
as provided in division (C) of this section and upon payment of	41013
the regular license tax as prescribed under section 4503.04 of the	41014
Revised Code, a fee of ten dollars for the purpose of compensating	41015
the bureau of motor vehicles for additional services required in	41016
the issuing of the future farmers of America license plates, any	41017
applicable motor vehicle tax levied under Chapter 4504. of the	41018
Revised Code, and compliance with all other applicable laws	41019
relating to the registration of motor vehicles. If the application	41020
for future farmers of America license plates is combined with a	41021
request for a special reserved license plate under section 4503.40	41022
or 4503.42 of the Revised Code, the license plate and validation	41023
sticker shall be issued upon payment of the contribution, fees,	41024
and taxes referred to or established in this division and the	41025
additional fee prescribed under section 4503.40 or 4503.42 of the	41026
Revised Code.	41027

(C) For each application for registration and registration	41028
renewal the registrar receives under this section, the registrar	41029
shall collect a contribution of fifteen dollars. The registrar	41030
shall transmit this contribution to the treasurer of state for	41031
deposit in the license plate contribution fund created in section	41032
4501.21 of the Revised Code.	41033

The registrar shall deposit the additional fee of ten dollars	41034
specified in division (B) of this section that the applicant for	41035
registration pays for the purpose of compensating the bureau for	41036
the additional services required in the issuing of the applicant's	41037
future farmers of America license plates in the state bureau of	41038
motor vehicles fund created in section 4501.25 of the Revised	41039
Code.	41040

Sec. 4503.53. Any person who served in the armed forces of	41041
the United States in Saudi Arabia or Kuwait during Operation	41042
Desert Storm or Operation Desert Shield, in Panama during the	41043
invasion, in Grenada during the invasion, in Lebanon during the	41044
invasion, during the Vietnam conflict, during the Korean conflict,	41045
during World War II, or during World War I, and who is on active	41046
duty or is an honorably discharged veteran may apply to the	41047
registrar of motor vehicles for the registration of any passenger	41048
car, noncommercial motor vehicle, ~~motor home~~recreational vehicle,	41049
or other vehicle of a class approved by the registrar the person	41050
owns or leases. The application shall be accompanied by such	41051
written evidence of the applicant's service as the registrar	41052
requires by rule. In the case of an honorably discharged veteran,	41053
the written evidence shall include a copy of the applicant's	41054
DD-214 form or an equivalent document.	41055

Upon receipt of an application for registration of a motor	41056
vehicle under this section, presentation of satisfactory evidence	41057
of military service in Saudi Arabia or Kuwait during Operation	41058
Desert Storm or Operation Desert Shield, in Panama during the	41059
invasion, in Grenada during the invasion, in Lebanon during the	41060
invasion, during the Vietnam conflict, during the Korean conflict,	41061
during World War II, or during World War I, and payment of the	41062
regular license tax as prescribed under section 4503.04 of the	41063
Revised Code and any applicable local tax levied under Chapter	41064
4504. of the Revised Code, the registrar shall issue to the	41065
applicant the appropriate motor vehicle registration and a set of	41066
license plates and a validation sticker, or a validation sticker	41067
alone when required by section 4503.191 of the Revised Code. In	41068
accordance with rules adopted by the registrar, each license plate	41069
shall be inscribed with identifying letters or numerals and the	41070
word "VETERAN"; in addition, each license plate shall be inscribed	41071
with a design and words indicating service in Saudi Arabia,	41072
Kuwait, Panama, Grenada, or Lebanon, or during the Vietnam	41073
conflict, the Korean conflict, World War II, or World War I.	41074

Sec. 4503.571. Any person who has been awarded the purple	41075
heart may apply to the registrar of motor vehicles for the	41076
registration of any passenger car, noncommercial motor vehicle,	41077
~~motor home~~recreational vehicle, or other vehicle of a class	41078
approved by the registrar that the person owns or leases. The	41079
application shall be accompanied by such documentary evidence in	41080
support of the award as the registrar may require. The application	41081
may be combined with a request for a special reserved license	41082
plate under section 4503.40 or 4503.42 of the Revised Code.	41083

Upon receipt of an application for registration of a motor	41084
vehicle under this section and the required taxes and fees, and	41085
upon presentation of the required supporting evidence of the award	41086
of the purple heart, the registrar shall issue to the applicant	41087
the appropriate motor vehicle registration and a set of license	41088
plates and a validation sticker, or a validation sticker alone	41089
when required by section 4503.191 of the Revised Code.	41090

In addition to the letters and numbers ordinarily inscribed	41091
on the license plates, the license plates shall be inscribed with	41092
the words "PURPLE HEART." The license plates shall bear county	41093
identification stickers that identify the county of registration	41094
by name or number.	41095

The license plates and validation stickers shall be issued	41096
upon payment of the regular license fee required by section	41097
4503.04 of the Revised Code, payment of any local motor vehicle	41098
license tax levied under Chapter 4504. of the Revised Code, and	41099
compliance with all other applicable laws relating to the	41100
registration of motor vehicles. If the application is combined	41101
with a request for a special reserved license plate under section	41102
4503.40 or 4503.42 of the Revised Code, the license plates and	41103
validation sticker shall be issued upon payment of the fees and	41104
taxes referred to in this section and the additional fee	41105
prescribed under section 4503.40 or 4503.42 of the Revised Code.	41106

No person who is not a recipient of the purple heart shall	41107
willfully and falsely represent that the person is a recipient of	41108
a purple heart for the purpose of obtaining license plates under	41109
this section. No person shall own a motor vehicle bearing license	41110
plates under this section unless the person is eligible to be	41111
issued those license plates.	41112

Sec. 4503.59. The owner or lessee of any passenger car,	41113
noncommercial motor vehicle, ~~motor home~~recreational vehicle, or	41114
other vehicle of a class approved by the registrar of motor	41115
vehicles who is certified by the Pearl Harbor survivors	41116
association as having survived the attack on Pearl Harbor may	41117
apply to the registrar for the registration of the vehicle and	41118
issuance of Pearl Harbor license plates. The application for Pearl	41119
Harbor license plates may be combined with a request for a special	41120
reserved license plate under section 4503.40 or 4503.42 of the	41121
Revised Code. Upon receipt of the completed application,	41122
presentation by the applicant of documentation issued by the Pearl	41123
Harbor survivors association certifying that the applicant	41124
survived the attack on Pearl Harbor, and compliance by the	41125
applicant with this section, the registrar shall issue to the	41126
applicant the appropriate vehicle registration and a set of Pearl	41127
Harbor license plates with a validation sticker or a validation	41128
sticker alone when required by section 4503.191 of the Revised	41129
Code.	41130

In addition to the letters and numbers ordinarily inscribed	41131
thereon, Pearl Harbor license plates shall be inscribed with the	41132
words "Pearl Harbor" and a symbol or logo designed by the Pearl	41133
Harbor survivors association and approved by the registrar. Pearl	41134
Harbor license plates shall bear county identification stickers	41135
that identify the county of registration by name or number.	41136

Pearl Harbor license plates and validation stickers shall be	41137
issued upon payment of the regular license fee required by section	41138
4503.04 of the Revised Code, payment of any local motor vehicle	41139
license tax levied under Chapter 4504. of the Revised Code, and	41140
compliance with all other applicable laws relating to the	41141
registration of motor vehicles. If the application for Pearl	41142
Harbor license plates is combined with a request for a special	41143
reserved license plate under section 4503.40 or 4503.42 of the	41144
Revised Code, the license plates and validation sticker shall be	41145
issued upon payment of the fees and taxes contained in this	41146
section and the additional fee prescribed under section 4503.40 or	41147
4503.42 of the Revised Code.	41148

Sec. 4503.73. (A) The owner or lessee of any passenger car,	41149
noncommercial motor vehicle, ~~motor home~~recreational vehicle, or	41150
other vehicle of a class approved by the registrar of motor	41151
vehicles may apply to the registrar for the registration of the	41152
vehicle and issuance of "the leader in flight" license plates. The	41153
application for "the leader in flight" license plates may be	41154
combined with a request for a special reserved license plate under	41155
section 4503.40 or 4503.42 of the Revised Code. Upon receipt of	41156
the completed application and compliance with division (B) of this	41157
section, the registrar shall issue to the applicant the	41158
appropriate vehicle registration and a set of "the leader in	41159
flight" license plates with a validation sticker or a validation	41160
sticker alone when required by section 4503.191 of the Revised	41161
Code.	41162

In addition to the letters and numbers ordinarily inscribed	41163
thereon, "the leader in flight" license plates shall be inscribed	41164
with the words "the leader in flight" and illustrations of a space	41165
shuttle in a vertical position and the Wright "B" airplane. "The	41166
leader in flight" license plates shall bear county identification	41167
stickers that identify the county of registration by name or	41168
number.	41169

(B) "The leader in flight" license plates and validation	41170
sticker shall be issued upon receipt of a contribution as provided	41171
in division (C) of this section and payment of the regular license	41172
tax as prescribed under section 4503.04 of the Revised Code, a fee	41173
of ten dollars for the purpose of compensating the bureau of motor	41174
vehicles for additional services required in the issuing of "the	41175
leader in flight" license plates, any applicable motor vehicle tax	41176
levied under Chapter 4504. of the Revised Code, and compliance	41177
with all other applicable laws relating to the registration of	41178
motor vehicles. If the application for "the leader in flight"	41179
license plates is combined with a request for a special reserved	41180
license plate under section 4503.40 or 4503.42 of the Revised	41181
Code, the license plate and validation sticker shall be issued	41182
upon payment of the fees and taxes referred to or established in	41183
this division and the additional fee prescribed under section	41184
4503.40 or 4503.42 of the Revised Code.	41185

(C) For each application for registration and registration	41186
renewal received under this section, the registrar shall collect a	41187
contribution of fifteen dollars. The registrar shall transmit this	41188
contribution to the treasurer of state for deposit in the license	41189
plate contribution fund created in section 4501.21 of the Revised	41190
Code.	41191

The registrar shall deposit the additional fee of ten dollars	41192
specified in division (B) of this section that the applicant for	41193
registration voluntarily pays for the purpose of compensating the	41194
bureau for the additional services required in the issuing of the	41195
applicant's "the leader in flight" license plates in the state	41196
bureau of motor vehicles fund created in section 4501.25 of the	41197
Revised Code.	41198

Sec. 4503.85. (A) The owner or lessee of any passenger car,	41199
noncommercial motor vehicle, ~~motor home~~recreational vehicle, or	41200
other vehicle of a class approved by the registrar of motor	41201
vehicles may apply to the registrar for the registration of the	41202
vehicle and issuance of "Fish Lake Erie" license plates. The	41203
application for "Fish Lake Erie" license plates may be combined	41204
with a request for a special reserved license plate under section	41205
4503.40 or 4503.42 of the Revised Code. Upon receipt of the	41206
completed application and compliance with division (B) of this	41207
section, the registrar shall issue to the applicant the	41208
appropriate vehicle registration, a set of "Fish Lake Erie"	41209
license plates, and a validation sticker, or a validation sticker	41210
alone when required by section 4503.191 of the Revised Code.	41211

In addition to the letters and numbers ordinarily inscribed	41212
on the license plates, "Fish Lake Erie" license plates shall be	41213
inscribed with identifying words or markings designed by the Ohio	41214
sea grant college program and approved by the registrar. "Fish	41215
Lake Erie" license plates shall bear county identification	41216
stickers that identify the county of registration by name or	41217
number.	41218

(B) "Fish Lake Erie" license plates and a validation sticker	41219
or, when applicable, a validation sticker alone shall be issued	41220
upon receipt of an application for registration of a motor vehicle	41221
submitted under this section and a contribution as provided in	41222
division (C) of this section, payment of the regular license tax	41223
as prescribed under section 4503.04 of the Revised Code, any	41224
applicable motor vehicle tax levied under Chapter 4504. of the	41225
Revised Code, and an additional fee of ten dollars, and compliance	41226
with all other applicable laws relating to the registration of	41227
motor vehicles. If the application for "Fish Lake Erie" license	41228
plates is combined with a request for a special reserved license	41229
plate under section 4503.40 or 4503.42 of the Revised Code, the	41230
license plates and validation sticker or validation sticker alone	41231
shall be issued upon payment of the fees and taxes referred to or	41232
established in this division plus the additional fee prescribed in	41233
section 4503.40 or 4503.42 of the Revised Code.	41234

(C) For each application for registration and registration	41235
renewal that the registrar receives under this section, the	41236
registrar shall collect a contribution of fifteen dollars. The	41237
registrar shall deposit this contribution into the state treasury	41238
to the credit of the license plate contribution fund created in	41239
section 4501.21 of the Revised Code.	41240

The additional fee of ten dollars described in division (B)	41241
of this section shall be for the purpose of compensating the	41242
bureau of motor vehicles for additional services required in	41243
issuing license plates under this section. The registrar shall	41244
deposit that fee into the state treasury to the credit of the	41245
state bureau of motor vehicles fund created by section 4501.25 of	41246
the Revised Code.	41247

Sec. 4503.91. (A) The owner or lessee of any passenger car,	41248
noncommercial motor vehicle, ~~motor home~~recreational vehicle, or	41249
other vehicle of a class approved by the registrar of motor	41250
vehicles may apply to the registrar for the registration of the	41251
vehicle and issuance of "choose life" license plates. The	41252
application for "choose life" license plates may be combined with	41253
a request for a special reserved license plate under section	41254
4503.40 or 4503.42 of the Revised Code. Upon receipt of the	41255
completed application and compliance with divisions (B) and (C) of	41256
this section, the registrar shall issue to the applicant the	41257
appropriate vehicle registration and a set of "choose life"	41258
license plates with a validation sticker or a validation sticker	41259
alone when required by section 4503.191 of the Revised Code.	41260

In addition to the letters and numbers ordinarily inscribed	41261
on license plates, "choose life" license plates shall be inscribed	41262
with the words "choose life" and a marking designed by "choose	41263
life, inc.," a private, nonprofit corporation incorporated in the	41264
state of Florida. The registrar shall review the design and	41265
approve it if the design is feasible. If the design is not	41266
feasible, the registrar shall notify "choose life, inc," and the	41267
organization may resubmit designs until a feasible one is	41268
approved. "Choose life" license plates shall bear county	41269
identification stickers that identify the county of registration	41270
by name or number.	41271

(B) "Choose life" license plates and a validation sticker, or	41272
a validation sticker alone, shall be issued upon receipt of a	41273
contribution as provided in division (C) of this section and upon	41274
payment of the regular license tax prescribed in section 4503.04	41275
of the Revised Code, any applicable motor vehicle tax levied under	41276
Chapter 4504. of the Revised Code, any applicable additional fee	41277
prescribed by section 4503.40 or 4503.42 of the Revised Code, a	41278
fee of ten dollars for the purpose of compensating the bureau of	41279
motor vehicles for additional services required in the issuing of	41280
"choose life" license plates, and compliance with all other	41281
applicable laws relating to the registration of motor vehicles.	41282

(C)(1) For each application for registration and registration	41283
renewal received under this section, the registrar shall collect a	41284
contribution of twenty dollars. The registrar shall transmit this	41285
contribution to the treasurer of state for deposit in the "choose	41286
life" fund created in section 3701.65 of the Revised Code.	41287

(2) The registrar shall deposit the additional fee of ten	41288
dollars specified in division (B) of this section for the purpose	41289
of compensating the bureau for the additional services required in	41290
issuing "choose life" license plates in the state bureau of motor	41291
vehicles fund created in section 4501.25 of the Revised Code.	41292

Sec. 4505.06. (A)(1) Application for a certificate of title	41293
shall be made in a form prescribed by the registrar of motor	41294
vehicles and shall be sworn to before a notary public or other	41295
officer empowered to administer oaths. The application shall be	41296
filed with the clerk of any court of common pleas. An application	41297
for a certificate of title may be filed electronically by any	41298
electronic means approved by the registrar in any county with the	41299
clerk of the court of common pleas of that county. Any payments	41300
required by this chapter shall be considered as accompanying any	41301
electronically transmitted application when payment actually is	41302
received by the clerk. Payment of any fee or taxes may be made by	41303
electronic transfer of funds.	41304

(2) The application for a certificate of title shall be	41305
accompanied by the fee prescribed in section 4505.09 of the	41306
Revised Code. The fee shall be retained by the clerk who issues	41307
the certificate of title and shall be distributed in accordance	41308
with that section. If a clerk of a court of common pleas, other	41309
than the clerk of the court of common pleas of an applicant's	41310
county of residence, issues a certificate of title to the	41311
applicant, the clerk shall transmit data related to the	41312
transaction to the automated title processing system.	41313

(3) If a certificate of title previously has been issued for	41314
a motor vehicle in this state, the application for a certificate	41315
of title also shall be accompanied by that certificate of title	41316
duly assigned, unless otherwise provided in this chapter. If a	41317
certificate of title previously has not been issued for the motor	41318
vehicle in this state, the application, unless otherwise provided	41319
in this chapter, shall be accompanied by a manufacturer's or	41320
importer's certificate or by a certificate of title of another	41321
state from which the motor vehicle was brought into this state. If	41322
the application refers to a motor vehicle last previously	41323
registered in another state, the application also shall be	41324
accompanied by the physical inspection certificate required by	41325
section 4505.061 of the Revised Code. If the application is made	41326
by two persons regarding a motor vehicle in which they wish to	41327
establish joint ownership with right of survivorship, they may do	41328
so as provided in section 2131.12 of the Revised Code. If the	41329
applicant requests a designation of the motor vehicle in	41330
beneficiary form so that upon the death of the owner of the motor	41331
vehicle, ownership of the motor vehicle will pass to a designated	41332
transfer-on-death beneficiary or beneficiaries, the applicant may	41333
do so as provided in section 2131.13 of the Revised Code. A person	41334
who establishes ownership of a motor vehicle that is transferable	41335
on death in accordance with section 2131.13 of the Revised Code	41336
may terminate that type of ownership or change the designation of	41337
the transfer-on-death beneficiary or beneficiaries by applying for	41338
a certificate of title pursuant to this section. The clerk shall	41339
retain the evidence of title presented by the applicant and on	41340
which the certificate of title is issued, except that, if an	41341
application for a certificate of title is filed electronically by	41342
an electronic motor vehicle dealer on behalf of the purchaser of a	41343
motor vehicle, the clerk shall retain the completed electronic	41344
record to which the dealer converted the certificate of title	41345
application and other required documents. The registrar, after	41346
consultation with the attorney general, shall adopt rules that	41347
govern the location at which, and the manner in which, are stored	41348
the actual application and all other documents relating to the	41349
sale of a motor vehicle when an electronic motor vehicle dealer	41350
files the application for a certificate of title electronically on	41351
behalf of the purchaser.	41352

The clerk shall use reasonable diligence in ascertaining	41353
whether or not the facts in the application for a certificate of	41354
title are true by checking the application and documents	41355
accompanying it or the electronic record to which a dealer	41356
converted the application and accompanying documents with the	41357
records of motor vehicles in the clerk's office. If the clerk is	41358
satisfied that the applicant is the owner of the motor vehicle and	41359
that the application is in the proper form, the clerk, within five	41360
business days after the application is filed and except as	41361
provided in section 4505.021 of the Revised Code, shall issue a	41362
physical certificate of title over the clerk's signature and	41363
sealed with the clerk's seal, unless the applicant specifically	41364
requests the clerk not to issue a physical certificate of title	41365
and instead to issue an electronic certificate of title. For	41366
purposes of the transfer of a certificate of title, if the clerk	41367
is satisfied that the secured party has duly discharged a lien	41368
notation but has not canceled the lien notation with a clerk, the	41369
clerk may cancel the lien notation on the automated title	41370
processing system and notify the clerk of the county of origin.	41371

(4) In the case of the sale of a motor vehicle to a general	41372
buyer or user by a dealer, by a motor vehicle leasing dealer	41373
selling the motor vehicle to the lessee or, in a case in which the	41374
leasing dealer subleased the motor vehicle, the sublessee, at the	41375
end of the lease agreement or sublease agreement, or by a	41376
manufactured home broker, the certificate of title shall be	41377
obtained in the name of the buyer by the dealer, leasing dealer,	41378
or manufactured home broker, as the case may be, upon application	41379
signed by the buyer. The certificate of title shall be issued, or	41380
the process of entering the certificate of title application	41381
information into the automated title processing system if a	41382
physical certificate of title is not to be issued shall be	41383
completed, within five business days after the application for	41384
title is filed with the clerk. If the buyer of the motor vehicle	41385
previously leased the motor vehicle and is buying the motor	41386
vehicle at the end of the lease pursuant to that lease, the	41387
certificate of title shall be obtained in the name of the buyer by	41388
the motor vehicle leasing dealer who previously leased the motor	41389
vehicle to the buyer or by the motor vehicle leasing dealer who	41390
subleased the motor vehicle to the buyer under a sublease	41391
agreement.	41392

In all other cases, except as provided in section 4505.032	41393
and division (D)(2) of section 4505.11 of the Revised Code, such	41394
certificates shall be obtained by the buyer.	41395

(5)(a)(i) If the certificate of title is being obtained in	41396
the name of the buyer by a motor vehicle dealer or motor vehicle	41397
leasing dealer and there is a security interest to be noted on the	41398
certificate of title, the dealer or leasing dealer shall submit	41399
the application for the certificate of title and payment of the	41400
applicable tax to a clerk within seven business days after the	41401
later of the delivery of the motor vehicle to the buyer or the	41402
date the dealer or leasing dealer obtains the manufacturer's or	41403
importer's certificate, or certificate of title issued in the name	41404
of the dealer or leasing dealer, for the motor vehicle. Submission	41405
of the application for the certificate of title and payment of the	41406
applicable tax within the required seven business days may be	41407
indicated by postmark or receipt by a clerk within that period.	41408

(ii) Upon receipt of the certificate of title with the	41409
security interest noted on its face, the dealer or leasing dealer	41410
shall forward the certificate of title to the secured party at the	41411
location noted in the financing documents or otherwise specified	41412
by the secured party.	41413

(iii) A motor vehicle dealer or motor vehicle leasing dealer	41414
is liable to a secured party for a late fee of ten dollars per day	41415
for each certificate of title application and payment of the	41416
applicable tax that is submitted to a clerk more than seven	41417
business days but less than twenty-one days after the later of the	41418
delivery of the motor vehicle to the buyer or the date the dealer	41419
or leasing dealer obtains the manufacturer's or importer's	41420
certificate, or certificate of title issued in the name of the	41421
dealer or leasing dealer, for the motor vehicle and, from then on,	41422
twenty-five dollars per day until the application and applicable	41423
tax are submitted to a clerk.	41424

(b) In all cases of transfer of a motor vehicle, the	41425
application for certificate of title shall be filed within thirty	41426
days after the assignment or delivery of the motor vehicle. If an	41427
application for a certificate of title is not filed within the	41428
period specified in division (A)(5)(b) of this section, the clerk	41429
shall collect a fee of five dollars for the issuance of the	41430
certificate, except that no such fee shall be required from a	41431
motor vehicle salvage dealer, as defined in division (A) of	41432
section 4738.01 of the Revised Code, who immediately surrenders	41433
the certificate of title for cancellation. The fee shall be in	41434
addition to all other fees established by this chapter, and shall	41435
be retained by the clerk. The registrar shall provide, on the	41436
certificate of title form prescribed by section 4505.07 of the	41437
Revised Code, language necessary to give evidence of the date on	41438
which the assignment or delivery of the motor vehicle was made.	41439

(6) As used in division (A) of this section, "lease	41440
agreement," "lessee," and "sublease agreement" have the same	41441
meanings as in section 4505.04 of the Revised Code.	41442

(B)(1) The clerk, except as provided in this section, shall	41443
refuse to accept for filing any application for a certificate of	41444
title and shall refuse to issue a certificate of title unless the	41445
dealer or manufactured home broker or the applicant, in cases in	41446
which the certificate shall be obtained by the buyer, submits with	41447
the application payment of the tax levied by or pursuant to	41448
Chapters 5739. and 5741. of the Revised Code based on the	41449
purchaser's county of residence. Upon payment of the tax in	41450
accordance with division (E) of this section, the clerk shall	41451
issue a receipt prescribed by the registrar and agreed upon by the	41452
tax commissioner showing payment of the tax or a receipt issued by	41453
the commissioner showing the payment of the tax. When submitting	41454
payment of the tax to the clerk, a dealer shall retain any	41455
discount to which the dealer is entitled under section 5739.12 of	41456
the Revised Code.	41457

(2) For receiving and disbursing such taxes paid to the clerk	41458
by a resident of the clerk's county, the clerk may retain a	41459
poundage fee of one and one one-hundredth per cent, and the clerk	41460
shall pay the poundage fee into the certificate of title	41461
administration fund created by section 325.33 of the Revised Code.	41462
The clerk shall not retain a poundage fee from payments of taxes	41463
by persons who do not reside in the clerk's county.	41464

A clerk, however, may retain from the taxes paid to the clerk	41465
an amount equal to the poundage fees associated with certificates	41466
of title issued by other clerks of courts of common pleas to	41467
applicants who reside in the first clerk's county. The registrar,	41468
in consultation with the tax commissioner and the clerks of the	41469
courts of common pleas, shall develop a report from the automated	41470
title processing system that informs each clerk of the amount of	41471
the poundage fees that the clerk is permitted to retain from those	41472
taxes because of certificates of title issued by the clerks of	41473
other counties to applicants who reside in the first clerk's	41474
county.	41475

(3) In the case of casual sales of motor vehicles, as defined	41476
in section 4517.01 of the Revised Code, the price for the purpose	41477
of determining the tax shall be the purchase price on the assigned	41478
certificate of title executed by the seller and filed with the	41479
clerk by the buyer on a form to be prescribed by the registrar,	41480
which shall be prima-facie evidence of the amount for the	41481
determination of the tax.	41482

(4) Each county clerk shall forward to the treasurer of state	41483
all sales and use tax collections resulting from sales of motor	41484
vehicles, off-highway motorcycles, and all-purpose vehicles during	41485
a calendar week on or before the Friday following the close of	41486
that week. If, on any Friday, the offices of the clerk of courts	41487
or the state are not open for business, the tax shall be forwarded	41488
to the treasurer of state on or before the next day on which the	41489
offices are open. Every remittance of tax under division (B)(4) of	41490
this section shall be accompanied by a remittance report in such	41491
form as the tax commissioner prescribes. Upon receipt of a tax	41492
remittance and remittance report, the treasurer of state shall	41493
date stamp the report and forward it to the tax commissioner. If	41494
the tax due for any week is not remitted by a clerk of courts as	41495
required under division (B)(4) of this section, the commissioner	41496
may require the clerk to forfeit the poundage fees for the sales	41497
made during that week. The treasurer of state may require the	41498
clerks of courts to transmit tax collections and remittance	41499
reports electronically.	41500

(C)(1) If the transferor indicates on the certificate of	41501
title that the odometer reflects mileage in excess of the designed	41502
mechanical limit of the odometer, the clerk shall enter the phrase	41503
"exceeds mechanical limits" following the mileage designation. If	41504
the transferor indicates on the certificate of title that the	41505
odometer reading is not the actual mileage, the clerk shall enter	41506
the phrase "nonactual: warning - odometer discrepancy" following	41507
the mileage designation. The clerk shall use reasonable care in	41508
transferring the information supplied by the transferor, but is	41509
not liable for any errors or omissions of the clerk or those of	41510
the clerk's deputies in the performance of the clerk's duties	41511
created by this chapter.	41512

The registrar shall prescribe an affidavit in which the	41513
transferor shall swear to the true selling price and, except as	41514
provided in this division, the true odometer reading of the motor	41515
vehicle. The registrar may prescribe an affidavit in which the	41516
seller and buyer provide information pertaining to the odometer	41517
reading of the motor vehicle in addition to that required by this	41518
section, as such information may be required by the United States	41519
secretary of transportation by rule prescribed under authority of	41520
subchapter IV of the "Motor Vehicle Information and Cost Savings	41521
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	41522

(2) Division (C)(1) of this section does not require the	41523
giving of information concerning the odometer and odometer reading	41524
of a motor vehicle when ownership of a motor vehicle is being	41525
transferred as a result of a bequest, under the laws of intestate	41526
succession, to a survivor pursuant to section 2106.18, 2131.12, or	41527
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	41528
beneficiaries pursuant to section 2131.13 of the Revised Code, in	41529
connection with the creation of a security interest or for a	41530
vehicle with a gross vehicle weight rating of more than sixteen	41531
thousand pounds.	41532

(D) When the transfer to the applicant was made in some other	41533
state or in interstate commerce, the clerk, except as provided in	41534
this section, shall refuse to issue any certificate of title	41535
unless the tax imposed by or pursuant to Chapter 5741. of the	41536
Revised Code based on the purchaser's county of residence has been	41537
paid as evidenced by a receipt issued by the tax commissioner, or	41538
unless the applicant submits with the application payment of the	41539
tax. Upon payment of the tax in accordance with division (E) of	41540
this section, the clerk shall issue a receipt prescribed by the	41541
registrar and agreed upon by the tax commissioner, showing payment	41542
of the tax.	41543

For receiving and disbursing such taxes paid to the clerk by	41544
a resident of the clerk's county, the clerk may retain a poundage	41545
fee of one and one one-hundredth per cent. The clerk shall not	41546
retain a poundage fee from payments of taxes by persons who do not	41547
reside in the clerk's county.	41548

A clerk, however, may retain from the taxes paid to the clerk	41549
an amount equal to the poundage fees associated with certificates	41550
of title issued by other clerks of courts of common pleas to	41551
applicants who reside in the first clerk's county. The registrar,	41552
in consultation with the tax commissioner and the clerks of the	41553
courts of common pleas, shall develop a report from the automated	41554
title processing system that informs each clerk of the amount of	41555
the poundage fees that the clerk is permitted to retain from those	41556
taxes because of certificates of title issued by the clerks of	41557
other counties to applicants who reside in the first clerk's	41558
county.	41559

When the vendor is not regularly engaged in the business of	41560
selling motor vehicles, the vendor shall not be required to	41561
purchase a vendor's license or make reports concerning those	41562
sales.	41563

(E) The clerk shall accept any payment of a tax in cash, or	41564
by cashier's check, certified check, draft, money order, or teller	41565
check issued by any insured financial institution payable to the	41566
clerk and submitted with an application for a certificate of title	41567
under division (B) or (D) of this section. The clerk also may	41568
accept payment of the tax by corporate, business, or personal	41569
check, credit card, electronic transfer or wire transfer, debit	41570
card, or any other accepted form of payment made payable to the	41571
clerk. The clerk may require bonds, guarantees, or letters of	41572
credit to ensure the collection of corporate, business, or	41573
personal checks. Any service fee charged by a third party to a	41574
clerk for the use of any form of payment may be paid by the clerk	41575
from the certificate of title administration fund created in	41576
section 325.33 of the Revised Code, or may be assessed by the	41577
clerk upon the applicant as an additional fee. Upon collection,	41578
the additional fees shall be paid by the clerk into that	41579
certificate of title administration fund.	41580

The clerk shall make a good faith effort to collect any	41581
payment of taxes due but not made because the payment was returned	41582
or dishonored, but the clerk is not personally liable for the	41583
payment of uncollected taxes or uncollected fees. The clerk shall	41584
notify the tax commissioner of any such payment of taxes that is	41585
due but not made and shall furnish the information to the	41586
commissioner that the commissioner requires. The clerk shall	41587
deduct the amount of taxes due but not paid from the clerk's	41588
periodic remittance of tax payments, in accordance with procedures	41589
agreed upon by the tax commissioner. The commissioner may collect	41590
taxes due by assessment in the manner provided in section 5739.13	41591
of the Revised Code.	41592

Any person who presents payment that is returned or	41593
dishonored for any reason is liable to the clerk for payment of a	41594
penalty over and above the amount of the taxes due. The clerk	41595
shall determine the amount of the penalty, and the penalty shall	41596
be no greater than that amount necessary to compensate the clerk	41597
for banking charges, legal fees, or other expenses incurred by the	41598
clerk in collecting the returned or dishonored payment. The	41599
remedies and procedures provided in this section are in addition	41600
to any other available civil or criminal remedies. Subsequently	41601
collected penalties, poundage fees, and title fees, less any title	41602
fee due the state, from returned or dishonored payments collected	41603
by the clerk shall be paid into the certificate of title	41604
administration fund. Subsequently collected taxes, less poundage	41605
fees, shall be sent by the clerk to the treasurer of state at the	41606
next scheduled periodic remittance of tax payments, with	41607
information as the commissioner may require. The clerk may abate	41608
all or any part of any penalty assessed under this division.	41609

(F) In the following cases, the clerk shall accept for filing	41610
an application and shall issue a certificate of title without	41611
requiring payment or evidence of payment of the tax:	41612

(1) When the purchaser is this state or any of its political	41613
subdivisions, a church, or an organization whose purchases are	41614
exempted by section 5739.02 of the Revised Code;	41615

(2) When the transaction in this state is not a retail sale	41616
as defined by section 5739.01 of the Revised Code;	41617

(3) When the purchase is outside this state or in interstate	41618
commerce and the purpose of the purchaser is not to use, store, or	41619
consume within the meaning of section 5741.01 of the Revised Code;	41620

(4) When the purchaser is the federal government;

41621

(5) When the motor vehicle was purchased outside this state	41622
for use outside this state;	41623

(6) When the motor vehicle is purchased by a nonresident of	41624
this state for immediate removal from this state, and will be	41625
permanently titled and registered in another state, as provided by	41626
division (B)(23) of section 5739.02 of the Revised Code, and upon	41627
presentation of a copy of the affidavit provided by that section,	41628
and a copy of the exemption certificate provided by section	41629
5739.03 of the Revised Code.	41630

~~The clerk shall forward all payments of taxes, less poundage~~	41631
~~fees, to the treasurer of state in a manner to be prescribed by~~	41632
~~the tax commissioner and shall furnish information to the~~	41633
~~commissioner as the commissioner requires.~~	41634

(G) An application, as prescribed by the registrar and agreed	41635
to by the tax commissioner, shall be filled out and sworn to by	41636
the buyer of a motor vehicle in a casual sale. The application	41637
shall contain the following notice in bold lettering: "WARNING TO	41638
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	41639
law to state the true selling price. A false statement is in	41640
violation of section 2921.13 of the Revised Code and is punishable	41641
by six months' imprisonment or a fine of up to one thousand	41642
dollars, or both. All transfers are audited by the department of	41643
taxation. The seller and buyer must provide any information	41644
requested by the department of taxation. The buyer may be assessed	41645
any additional tax found to be due."	41646

(H) For sales of manufactured homes or mobile homes occurring	41647
on or after January 1, 2000, the clerk shall accept for filing,	41648
pursuant to Chapter 5739. of the Revised Code, an application for	41649
a certificate of title for a manufactured home or mobile home	41650
without requiring payment of any tax pursuant to section 5739.02,	41651
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	41652
issued by the tax commissioner showing payment of the tax. For	41653
sales of manufactured homes or mobile homes occurring on or after	41654
January 1, 2000, the applicant shall pay to the clerk an	41655
additional fee of five dollars for each certificate of title	41656
issued by the clerk for a manufactured or mobile home pursuant to	41657
division (H) of section 4505.11 of the Revised Code and for each	41658
certificate of title issued upon transfer of ownership of the	41659
home. The clerk shall credit the fee to the county certificate of	41660
title administration fund, and the fee shall be used to pay the	41661
expenses of archiving those certificates pursuant to division (A)	41662
of section 4505.08 and division (H)(3) of section 4505.11 of the	41663
Revised Code. The tax commissioner shall administer any tax on a	41664
manufactured or mobile home pursuant to Chapters 5739. and 5741.	41665
of the Revised Code.	41666

(I) Every clerk shall have the capability to transact by	41667
electronic means all procedures and transactions relating to the	41668
issuance of motor vehicle certificates of title that are described	41669
in the Revised Code as being accomplished by electronic means.	41670

Sec. 4506.07. (A) Every application for a commercial	41671
driver's license, restricted commercial driver's license, or a	41672
commercial driver's temporary instruction permit, or a duplicate	41673
of such a license, shall be made upon a form approved and	41674
furnished by the registrar of motor vehicles. Except as provided	41675
in section 4506.24 of the Revised Code in regard to a restricted	41676
commercial driver's license, the application shall be signed by	41677
the applicant and shall contain the following information:	41678

(1) The applicant's name, date of birth, social security	41679
account number, sex, general description including height, weight,	41680
and color of hair and eyes, current residence, duration of	41681
residence in this state, country of citizenship, and occupation;	41682

(2) Whether the applicant previously has been licensed to	41683
operate a commercial motor vehicle or any other type of motor	41684
vehicle in another state or a foreign jurisdiction and, if so,	41685
when, by what state, and whether the license or driving privileges	41686
currently are suspended or revoked in any jurisdiction, or the	41687
applicant otherwise has been disqualified from operating a	41688
commercial motor vehicle, or is subject to an out-of-service order	41689
issued under this chapter or any similar law of another state or a	41690
foreign jurisdiction and, if so, the date of, locations involved,	41691
and reason for the suspension, revocation, disqualification, or	41692
out-of-service order;	41693

(3) Whether the applicant is afflicted with or suffering from	41694
any physical or mental disability or disease that prevents the	41695
applicant from exercising reasonable and ordinary control over a	41696
motor vehicle while operating it upon a highway or is or has been	41697
subject to any condition resulting in episodic impairment of	41698
consciousness or loss of muscular control and, if so, the nature	41699
and extent of the disability, disease, or condition, and the names	41700
and addresses of the physicians attending the applicant;	41701

(4) Whether the applicant has obtained a medical examiner's	41702
certificate as required by this chapter;	41703

(5) Whether the applicant has pending a citation for	41704
violation of any motor vehicle law or ordinance except a parking	41705
violation and, if so, a description of the citation, the court	41706
having jurisdiction of the offense, and the date when the offense	41707
occurred;	41708

(6) Whether the applicant wishes to certify willingness to	41709
make an anatomical donation under section 2108.04 of the Revised	41710
Code, which shall be given no consideration in the issuance of a	41711
license;	41712

(7) On and after May 1, 1993, whether the applicant has	41713
executed a valid durable power of attorney for health care	41714
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	41715
executed a declaration governing the use or continuation, or the	41716
withholding or withdrawal, of life-sustaining treatment pursuant	41717
to sections 2133.01 to 2133.15 of the Revised Code and, if the	41718
applicant has executed either type of instrument, whether the	41719
applicant wishes the license issued to indicate that the applicant	41720
has executed the instrument.	41721

(B) Every applicant shall certify, on a form approved and	41722
furnished by the registrar, all of the following:	41723

(1) That the motor vehicle in which the applicant intends to	41724
take the driving skills test is representative of the type of	41725
motor vehicle that the applicant expects to operate as a driver;	41726

(2) That the applicant is not subject to any disqualification	41727
or out-of-service order, or license suspension, revocation, or	41728
cancellation, under the laws of this state, of another state, or	41729
of a foreign jurisdiction and does not have more than one driver's	41730
license issued by this or another state or a foreign jurisdiction;	41731

(3) Any additional information, certification, or evidence	41732
that the registrar requires by rule in order to ensure that the	41733
issuance of a commercial driver's license to the applicant is in	41734
compliance with the law of this state and with federal law.	41735

(C) Every applicant shall execute a form, approved and	41736
furnished by the registrar, under which the applicant consents to	41737
the release by the registrar of information from the applicant's	41738
driving record.	41739

(D) The registrar or a deputy registrar, in accordance with	41740
section 3503.11 of the Revised Code, shall register as an elector	41741
any applicant for a commercial driver's license or for a renewal	41742
or duplicate of such a license under this chapter, if the	41743
applicant is eligible and wishes to be registered as an elector.	41744
The decision of an applicant whether to register as an elector	41745
shall be given no consideration in the decision of whether to	41746
issue the applicant a license or a renewal or duplicate.	41747

(E) The registrar or a deputy registrar, in accordance with	41748
section 3503.11 of the Revised Code, shall offer the opportunity	41749
of completing a notice of change of residence or change of name to	41750
any applicant for a commercial driver's license or for a renewal	41751
or duplicate of such a license who is a resident of this state, if	41752
the applicant is a registered elector who has changed the	41753
applicant's residence or name and has not filed such a notice.	41754

(F) In considering any application submitted pursuant to this	41755
section, the bureau of motor vehicles may conduct any inquiries	41756
necessary to ensure that issuance or renewal of a commercial	41757
driver's license would not violate any provision of the Revised	41758
Code or federal law.	41759

Sec. 4506.101. Notwithstanding any provision of the Revised	41760
Code, the bureau of motor vehicles shall not issue or renew a	41761
commercial driver's license if issuance or renewal of the license	41762
would violate federal law.	41763

Sec. 4506.161. No court shall issue an order granting limited	41764
driving privileges for operation of a commercial motor vehicle to	41765
any person whose driver's license or commercial driver's license	41766
has been suspended or who has been disqualified from operating a	41767
commercial motor vehicle.	41768

Sec. 4511.191. (A)(1) "Physical control" has the same	41769
meaning as in section 4511.194 of the Revised Code.	41770

(2) Any person who operates a vehicle, streetcar, or	41771
trackless trolley upon a highway or any public or private property	41772
used by the public for vehicular travel or parking within this	41773
state or who is in physical control of a vehicle, streetcar, or	41774
trackless trolley shall be deemed to have given consent to a	41775
chemical test or tests of the person's whole blood, blood serum or	41776
plasma, breath, or urine to determine the alcohol, drug, or	41777
alcohol and drug content of the person's whole blood, blood serum	41778
or plasma, breath, or urine if arrested for a violation of	41779
division (A) or (B) of section 4511.19 of the Revised Code,	41780
section 4511.194 of the Revised Code or a substantially equivalent	41781
municipal ordinance, or a municipal OVI ordinance.	41782

(3) The chemical test or tests under division (A)(2) of this	41783
section shall be administered at the request of a law enforcement	41784
officer having reasonable grounds to believe the person was	41785
operating or in physical control of a vehicle, streetcar, or	41786
trackless trolley in violation of a division, section, or	41787
ordinance identified in division (A)(2) of this section. The law	41788
enforcement agency by which the officer is employed shall	41789
designate which of the tests shall be administered.	41790

(4) Any person who is dead or unconscious, or who otherwise	41791
is in a condition rendering the person incapable of refusal, shall	41792
be deemed to have consented as provided in division (A)(2) of this	41793
section, and the test or tests may be administered, subject to	41794
sections 313.12 to 313.16 of the Revised Code.	41795

(B)(1) Upon receipt of the sworn report of a law enforcement	41796
officer who arrested a person for a violation of division (A) or	41797
(B) of section 4511.19 of the Revised Code, section 4511.194 of	41798
the Revised Code or a substantially equivalent municipal	41799
ordinance, or a municipal OVI ordinance that was completed and	41800
sent to the registrar and a court pursuant to section 4511.192 of	41801
the Revised Code in regard to a person who refused to take the	41802
designated chemical test, the registrar shall enter into the	41803
registrar's records the fact that the person's driver's or	41804
commercial driver's license or permit or nonresident operating	41805
privilege was suspended by the arresting officer under this	41806
division and that section and the period of the suspension, as	41807
determined under this section. The suspension shall be subject to	41808
appeal as provided in section 4511.197 of the Revised Code. The	41809
suspension shall be for whichever of the following periods	41810
applies:	41811

(a) Except when division (B)(1)(b), (c), or (d) of this	41812
section applies and specifies a different class or length of	41813
suspension, the suspension shall be a class C suspension for the	41814
period of time specified in division (B)(3) of section 4510.02 of	41815
the Revised Code.	41816

(b) If the arrested person, within six years of the date on	41817
which the person refused the request to consent to the chemical	41818
test, had refused one previous request to consent to a chemical	41819
test, the suspension shall be a class B suspension imposed for the	41820
period of time specified in division (B)(2) of section 4510.02 of	41821
the Revised Code.	41822

(c) If the arrested person, within six years of the date on	41823
which the person refused the request to consent to the chemical	41824
test, had refused two previous requests to consent to a chemical	41825
test, the suspension shall be a class A suspension imposed for the	41826
period of time specified in division (B)(1) of section 4510.02 of	41827
the Revised Code.	41828

(d) If the arrested person, within six years of the date on	41829
which the person refused the request to consent to the chemical	41830
test, had refused three or more previous requests to consent to a	41831
chemical test, the suspension shall be for five years.	41832

(2) The registrar shall terminate a suspension of the	41833
driver's or commercial driver's license or permit of a resident or	41834
of the operating privilege of a nonresident, or a denial of a	41835
driver's or commercial driver's license or permit, imposed	41836
pursuant to division (B)(1) of this section upon receipt of notice	41837
that the person has entered a plea of guilty to, or that the	41838
person has been convicted after entering a plea of no contest to,	41839
operating a vehicle in violation of section 4511.19 of the Revised	41840
Code or in violation of a municipal OVI ordinance, if the offense	41841
for which the conviction is had or the plea is entered arose from	41842
the same incident that led to the suspension or denial.	41843

The registrar shall credit against any judicial suspension of	41844
a person's driver's or commercial driver's license or permit or	41845
nonresident operating privilege imposed pursuant to section	41846
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	41847
Revised Code for a violation of a municipal OVI ordinance, any	41848
time during which the person serves a related suspension imposed	41849
pursuant to division (B)(1) of this section.	41850

(C)(1) Upon receipt of the sworn report of the law	41851
enforcement officer who arrested a person for a violation of	41852
division (A) or (B) of section 4511.19 of the Revised Code or a	41853
municipal OVI ordinance that was completed and sent to the	41854
registrar and a court pursuant to section 4511.192 of the Revised	41855
Code in regard to a person whose test results indicate that the	41856
person's whole blood, blood serum or plasma, breath, or urine	41857
contained at least the concentration of alcohol specified in	41858
division (A)(1)(b), (c), (d), or (e) of section 4511.19 of the	41859
Revised Code, the registrar shall enter into the registrar's	41860
records the fact that the person's driver's or commercial driver's	41861
license or permit or nonresident operating privilege was suspended	41862
by the arresting officer under this division and section 4511.192	41863
of the Revised Code and the period of the suspension, as	41864
determined under divisions (F)(1) to (4) of this section. The	41865
suspension shall be subject to appeal as provided in section	41866
4511.197 of the Revised Code. The suspension described in this	41867
division does not apply to, and shall not be imposed upon, a	41868
person arrested for a violation of section 4511.194 of the Revised	41869
Code or a substantially equivalent municipal ordinance who submits	41870
to a designated chemical test. The suspension shall be for	41871
whichever of the following periods applies:	41872

(a) Except when division (C)(1)(b), (c), or (d) of this	41873
section applies and specifies a different period, the suspension	41874
shall be a class E suspension imposed for the period of time	41875
specified in division (B)(5) of section 4510.02 of the Revised	41876
Code.	41877

(b) The suspension shall be a class C suspension for the	41878
period of time specified in division (B)(3) of section 4510.02 of	41879
the Revised Code if the person has been convicted of or pleaded	41880
guilty to, within six years of the date the test was conducted,	41881
one violation of division (A) or (B) of section 4511.19 of the	41882
Revised Code or one other equivalent offense.	41883

(c) If, within six years of the date the test was conducted,	41884
the person has been convicted of or pleaded guilty to two	41885
violations of a statute or ordinance described in division	41886
(C)(1)(b) of this section, the suspension shall be a class B	41887
suspension imposed for the period of time specified in division	41888
(B)(2) of section 4510.02 of the Revised Code.	41889

(d) If, within six years of the date the test was conducted,	41890
the person has been convicted of or pleaded guilty to more than	41891
two violations of a statute or ordinance described in division	41892
(C)(1)(b) of this section, the suspension shall be a class A	41893
suspension imposed for the period of time specified in division	41894
(B)(1) of section 4510.02 of the Revised Code.	41895

(2) The registrar shall terminate a suspension of the	41896
driver's or commercial driver's license or permit of a resident or	41897
of the operating privilege of a nonresident, or a denial of a	41898
driver's or commercial driver's license or permit, imposed	41899
pursuant to division (C)(1) of this section upon receipt of notice	41900
that the person has entered a plea of guilty to, or that the	41901
person has been convicted after entering a plea of no contest to,	41902
operating a vehicle in violation of section 4511.19 of the Revised	41903
Code or in violation of a municipal OVI ordinance, if the offense	41904
for which the conviction is had or the plea is entered arose from	41905
the same incident that led to the suspension or denial.	41906

The registrar shall credit against any judicial suspension of	41907
a person's driver's or commercial driver's license or permit or	41908
nonresident operating privilege imposed pursuant to section	41909
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	41910
Revised Code for a violation of a municipal OVI ordinance, any	41911
time during which the person serves a related suspension imposed	41912
pursuant to division (C)(1) of this section.	41913

(D)(1) A suspension of a person's driver's or commercial	41914
driver's license or permit or nonresident operating privilege	41915
under this section for the time described in division (B) or (C)	41916
of this section is effective immediately from the time at which	41917
the arresting officer serves the notice of suspension upon the	41918
arrested person. Any subsequent finding that the person is not	41919
guilty of the charge that resulted in the person being requested	41920
to take the chemical test or tests under division (A) of this	41921
section does not affect the suspension.	41922

(2) If a person is arrested for operating a vehicle,	41923
streetcar, or trackless trolley in violation of division (A) or	41924
(B) of section 4511.19 of the Revised Code or a municipal OVI	41925
ordinance, or for being in physical control of a vehicle,	41926
streetcar, or trackless trolley in violation of section 4511.194	41927
of the Revised Code or a substantially equivalent municipal	41928
ordinance, regardless of whether the person's driver's or	41929
commercial driver's license or permit or nonresident operating	41930
privilege is or is not suspended under division (B) or (C) of this	41931
section or Chapter 4510. of the Revised Code, the person's initial	41932
appearance on the charge resulting from the arrest shall be held	41933
within five days of the person's arrest or the issuance of the	41934
citation to the person, subject to any continuance granted by the	41935
court pursuant to section 4511.197 of the Revised Code regarding	41936
the issues specified in that division.	41937

(E) When it finally has been determined under the procedures	41938
of this section and sections 4511.192 ~~through~~to 4511.197 of the	41939
Revised Code that a nonresident's privilege to operate a vehicle	41940
within this state has been suspended, the registrar shall give	41941
information in writing of the action taken to the motor vehicle	41942
administrator of the state of the person's residence and of any	41943
state in which the person has a license.	41944

(F) At the end of a suspension period under this section,	41945
under section 4511.194, section 4511.196, or division (G) of	41946
section 4511.19 of the Revised Code, or under section 4510.07 of	41947
the Revised Code for a violation of a municipal OVI ordinance and	41948
upon the request of the person whose driver's or commercial	41949
driver's license or permit was suspended and who is not otherwise	41950
subject to suspension, cancellation, or disqualification, the	41951
registrar shall return the driver's or commercial driver's license	41952
or permit to the person upon the occurrence of all of the	41953
conditions specified in divisions (F)(1) and (2) of this section:	41954

(1) A showing that the person has proof of financial	41955
responsibility, a policy of liability insurance in effect that	41956
meets the minimum standards set forth in section 4509.51 of the	41957
Revised Code, or proof, to the satisfaction of the registrar, that	41958
the person is able to respond in damages in an amount at least	41959
equal to the minimum amounts specified in section 4509.51 of the	41960
Revised Code.	41961

(2) Subject to the limitation contained in division (F)(3) of	41962
this section, payment by the person to the bureau of motor	41963
vehicles of a license reinstatement fee of four hundred	41964
twenty-five dollars, which fee shall be deposited in the state	41965
treasury and credited as follows:	41966

(a) One hundred twelve dollars and fifty cents shall be	41967
credited to the statewide treatment and prevention fund created by	41968
section 4301.30 of the Revised Code. The fund shall be used to pay	41969
the costs of driver treatment and intervention programs operated	41970
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	41971
director of alcohol and drug addiction services shall determine	41972
the share of the fund that is to be allocated to alcohol and drug	41973
addiction programs authorized by section 3793.02 of the Revised	41974
Code, and the share of the fund that is to be allocated to	41975
drivers' intervention programs authorized by section 3793.10 of	41976
the Revised Code.	41977

(b) Seventy-five dollars shall be credited to the reparations	41978
fund created by section 2743.191 of the Revised Code.	41979

(c) Thirty-seven dollars and fifty cents shall be credited to	41980
the indigent drivers alcohol treatment fund, which is hereby	41981
established. Except as otherwise provided in division (F)(2)(c) of	41982
this section, moneys in the fund shall be distributed by the	41983
department of alcohol and drug addiction services to the county	41984
indigent drivers alcohol treatment funds, the county juvenile	41985
indigent drivers alcohol treatment funds, and the municipal	41986
indigent drivers alcohol treatment funds that are required to be	41987
established by counties and municipal corporations pursuant to	41988
this section, and shall be used only to pay the cost of an alcohol	41989
and drug addiction treatment program attended by an offender or	41990
juvenile traffic offender who is ordered to attend an alcohol and	41991
drug addiction treatment program by a county, juvenile, or	41992
municipal court judge and who is determined by the county,	41993
juvenile, or municipal court judge not to have the means to pay	41994
for the person's attendance at the program or to pay the costs	41995
specified in division (H)(4) of this section in accordance with	41996
that division. In addition, a county, juvenile, or municipal court	41997
judge may use moneys in the county indigent drivers alcohol	41998
treatment fund, county juvenile indigent drivers alcohol treatment	41999
fund, or municipal indigent drivers alcohol treatment fund to pay	42000
the cost of electronic continuous alcohol monitoring devices or	42001
the cost of the continued use of such devices as described in	42002
divisions (H)(3) and (4) of this section. Moneys in the fund that	42003
are not distributed to a county indigent drivers alcohol treatment	42004
fund, a county juvenile indigent drivers alcohol treatment fund,	42005
or a municipal indigent drivers alcohol treatment fund under	42006
division (H) of this section because the director of alcohol and	42007
drug addiction services does not have the information necessary to	42008
identify the county or municipal corporation where the offender or	42009
juvenile offender was arrested may be transferred by the director	42010
of budget and management to the statewide treatment and prevention	42011
fund created by section 4301.30 of the Revised Code, upon	42012
certification of the amount by the director of alcohol and drug	42013
addiction services.	42014

(d) Seventy-five dollars shall be credited to the Ohio	42015
rehabilitation services commission established by section 3304.12	42016
of the Revised Code, to the services for rehabilitation fund,	42017
which is hereby established. The fund shall be used to match	42018
available federal matching funds where appropriate, and for any	42019
other purpose or program of the commission to rehabilitate people	42020
with disabilities to help them become employed and independent.	42021

(e) Seventy-five dollars shall be deposited into the state	42022
treasury and credited to the drug abuse resistance education	42023
programs fund, which is hereby established, to be used by the	42024
attorney general for the purposes specified in division ~~(L)~~(F)(4)	42025
of this section.	42026

(f) Thirty dollars shall be credited to the state bureau of	42027
motor vehicles fund created by section 4501.25 of the Revised	42028
Code.	42029

(g) Twenty dollars shall be credited to the trauma and	42030
emergency medical services grants fund created by section 4513.263	42031
of the Revised Code.	42032

(3) If a person's driver's or commercial driver's license or	42033
permit is suspended under this section, under section 4511.196 or	42034
division (G) of section 4511.19 of the Revised Code, under section	42035
4510.07 of the Revised Code for a violation of a municipal OVI	42036
ordinance or under any combination of the suspensions described in	42037
division (F)(3) of this section, and if the suspensions arise from	42038
a single incident or a single set of facts and circumstances, the	42039
person is liable for payment of, and shall be required to pay to	42040
the bureau, only one reinstatement fee of four hundred twenty-five	42041
dollars. The reinstatement fee shall be distributed by the bureau	42042
in accordance with division (F)(2) of this section.	42043

(4) The attorney general shall use amounts in the drug abuse	42044
resistance education programs fund to award grants to law	42045
enforcement agencies to establish and implement drug abuse	42046
resistance education programs in public schools. Grants awarded to	42047
a law enforcement agency under this section shall be used by the	42048
agency to pay for not more than fifty per cent of the amount of	42049
the salaries of law enforcement officers who conduct drug abuse	42050
resistance education programs in public schools. The attorney	42051
general shall not use more than six per cent of the amounts the	42052
attorney general's office receives under division (F)(2)(e) of	42053
this section to pay the costs it incurs in administering the grant	42054
program established by division (F)(2)(e) of this section and in	42055
providing training and materials relating to drug abuse resistance	42056
education programs.	42057

The attorney general shall report to the governor and the	42058
general assembly each fiscal year on the progress made in	42059
establishing and implementing drug abuse resistance education	42060
programs. These reports shall include an evaluation of the	42061
effectiveness of these programs.	42062

(G) Suspension of a commercial driver's license under	42063
division (B) or (C) of this section shall be concurrent with any	42064
period of disqualification under section 3123.611 or 4506.16 of	42065
the Revised Code or any period of suspension under section 3123.58	42066
of the Revised Code. No person who is disqualified for life from	42067
holding a commercial driver's license under section 4506.16 of the	42068
Revised Code shall be issued a driver's license under Chapter	42069
4507. of the Revised Code during the period for which the	42070
commercial driver's license was suspended under division (B) or	42071
(C) of this section. No person whose commercial driver's license	42072
is suspended under division (B) or (C) of this section shall be	42073
issued a driver's license under Chapter 4507. of the Revised Code	42074
during the period of the suspension.	42075

(H)(1) Each county shall establish an indigent drivers	42076
alcohol treatment fund, each county shall establish a juvenile	42077
indigent drivers alcohol treatment fund, and each municipal	42078
corporation in which there is a municipal court shall establish an	42079
indigent drivers alcohol treatment fund. All revenue that the	42080
general assembly appropriates to the indigent drivers alcohol	42081
treatment fund for transfer to a county indigent drivers alcohol	42082
treatment fund, a county juvenile indigent drivers alcohol	42083
treatment fund, or a municipal indigent drivers alcohol treatment	42084
fund, all portions of fees that are paid under division ~~(L)~~(F) of	42085
this section and that are credited under that division to the	42086
indigent drivers alcohol treatment fund in the state treasury for	42087
a county indigent drivers alcohol treatment fund, a county	42088
juvenile indigent drivers alcohol treatment fund, or a municipal	42089
indigent drivers alcohol treatment fund, and all portions of fines	42090
that are specified for deposit into a county or municipal indigent	42091
drivers alcohol treatment fund by section 4511.193 of the Revised	42092
Code shall be deposited into that county indigent drivers alcohol	42093
treatment fund, county juvenile indigent drivers alcohol treatment	42094
fund, or municipal indigent drivers alcohol treatment fund in	42095
accordance with division (H)(2) of this section. Additionally, all	42096
portions of fines that are paid for a violation of section 4511.19	42097
of the Revised Code or of any prohibition contained in Chapter	42098
4510. of the Revised Code, and that are required under section	42099
4511.19 or any provision of Chapter 4510. of the Revised Code to	42100
be deposited into a county indigent drivers alcohol treatment fund	42101
or municipal indigent drivers alcohol treatment fund shall be	42102
deposited into the appropriate fund in accordance with the	42103
applicable division.	42104

(2) That portion of the license reinstatement fee that is	42105
paid under division (F) of this section and that is credited under	42106
that division to the indigent drivers alcohol treatment fund shall	42107
be deposited into a county indigent drivers alcohol treatment	42108
fund, a county juvenile indigent drivers alcohol treatment fund,	42109
or a municipal indigent drivers alcohol treatment fund as follows:	42110

(a) If the suspension in question was imposed under this	42111
section, that portion of the fee shall be deposited as follows:	42112

(i) If the fee is paid by a person who was charged in a	42113
county court with the violation that resulted in the suspension,	42114
the portion shall be deposited into the county indigent drivers	42115
alcohol treatment fund under the control of that court;	42116

(ii) If the fee is paid by a person who was charged in a	42117
juvenile court with the violation that resulted in the suspension,	42118
the portion shall be deposited into the county juvenile indigent	42119
drivers alcohol treatment fund established in the county served by	42120
the court;	42121

(iii) If the fee is paid by a person who was charged in a	42122
municipal court with the violation that resulted in the	42123
suspension, the portion shall be deposited into the municipal	42124
indigent drivers alcohol treatment fund under the control of that	42125
court.	42126

(b) If the suspension in question was imposed under section	42127
4511.19 of the Revised Code or under section 4510.07 of the	42128
Revised Code for a violation of a municipal OVI ordinance, that	42129
portion of the fee shall be deposited as follows:	42130

(i) If the fee is paid by a person whose license or permit	42131
was suspended by a county court, the portion shall be deposited	42132
into the county indigent drivers alcohol treatment fund under the	42133
control of that court;	42134

(ii) If the fee is paid by a person whose license or permit	42135
was suspended by a municipal court, the portion shall be deposited	42136
into the municipal indigent drivers alcohol treatment fund under	42137
the control of that court.	42138

(3) Expenditures from a county indigent drivers alcohol	42139
treatment fund, a county juvenile indigent drivers alcohol	42140
treatment fund, or a municipal indigent drivers alcohol treatment	42141
fund shall be made only upon the order of a county, juvenile, or	42142
municipal court judge and only for payment of the cost of the	42143
attendance at an alcohol and drug addiction treatment program of a	42144
person who is convicted of, or found to be a juvenile traffic	42145
offender by reason of, a violation of division (A) of section	42146
4511.19 of the Revised Code or a substantially similar municipal	42147
ordinance, who is ordered by the court to attend the alcohol and	42148
drug addiction treatment program, and who is determined by the	42149
court to be unable to pay the cost of attendance at the treatment	42150
program or for payment of the costs specified in division (H)(4)	42151
of this section in accordance with that division. The alcohol and	42152
drug addiction services board or the board of alcohol, drug	42153
addiction, and mental health services established pursuant to	42154
section 340.02 or 340.021 of the Revised Code and serving the	42155
alcohol, drug addiction, and mental health service district in	42156
which the court is located shall administer the indigent drivers	42157
alcohol treatment program of the court. When a court orders an	42158
offender or juvenile traffic offender to attend an alcohol and	42159
drug addiction treatment program, the board shall determine which	42160
program is suitable to meet the needs of the offender or juvenile	42161
traffic offender, and when a suitable program is located and space	42162
is available at the program, the offender or juvenile traffic	42163
offender shall attend the program designated by the board. A	42164
reasonable amount not to exceed five per cent of the amounts	42165
credited to and deposited into the county indigent drivers alcohol	42166
treatment fund, the county juvenile indigent drivers alcohol	42167
treatment fund, or the municipal indigent drivers alcohol	42168
treatment fund serving every court whose program is administered	42169
by that board shall be paid to the board to cover the costs it	42170
incurs in administering those indigent drivers alcohol treatment	42171
programs.	42172

In addition, a county, juvenile, or municipal court judge may	42173
use moneys in the county indigent drivers alcohol treatment fund,	42174
county juvenile indigent drivers alcohol treatment fund, or	42175
municipal indigent drivers alcohol treatment fund to pay the cost	42176
of an electronic continuous alcohol monitoring device to be worn	42177
by the offender or juvenile traffic offender, or to pay for the	42178
continued use of such a device by an offender or juvenile traffic	42179
offender, in conjunction with a treatment program approved by the	42180
department of alcohol and drug addiction services, when such use	42181
is determined clinically necessary by the treatment program.	42182

(4) If a county, juvenile, or municipal court determines, in	42183
consultation with the alcohol and drug addiction services board or	42184
the board of alcohol, drug addiction, and mental health services	42185
established pursuant to section 340.02 or 340.021 of the Revised	42186
Code and serving the alcohol, drug addiction, and mental health	42187
district in which the court is located, that the funds in the	42188
county indigent drivers alcohol treatment fund, the county	42189
juvenile indigent drivers alcohol treatment fund, or the municipal	42190
indigent drivers alcohol treatment fund under the control of the	42191
court are more than sufficient to satisfy the purpose for which	42192
the fund was established, as specified in divisions (H)(1) to (3)	42193
of this section, the court may declare a surplus in the fund. If	42194
the court declares a surplus in the fund, the court may expend the	42195
amount of the surplus in the fund for ~~alcohol~~:	42196

(a) Alcohol and drug abuse assessment and treatment of	42197
persons who are charged in the court with committing a criminal	42198
offense or with being a delinquent child or juvenile traffic	42199
offender and in relation to whom both of the following apply:	42200

~~(a)~~(i) The court determines that substance abuse was a	42201
contributing factor leading to the criminal or delinquent activity	42202
or the juvenile traffic offense with which the person is charged.	42203

~~(b)~~(ii) The court determines that the person is unable to pay	42204
the cost of the alcohol and drug abuse assessment and treatment	42205
for which the surplus money will be used.	42206

(b) All or part of the cost of purchasing electronic	42207
continuous alcohol monitoring devices or all or part of the cost	42208
of the daily monitoring of such devices.	42209

(I) In any case in which an offender or juvenile traffic	42210
offender is required by the court to wear an electronic continuous	42211
alcohol monitoring device, the court may require the offender or	42212
juvenile traffic offender to pay for all or part of the cost of	42213
the daily monitoring of the device if the court determines that	42214
the offender or juvenile traffic offender is able to pay that	42215
amount.	42216

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	42217
trackless trolley upon meeting or overtaking from either direction	42218
any school bus stopped for the purpose of receiving or discharging	42219
any school child, person attending programs offered by community	42220
boards of mental health and county boards of mental retardation	42221
and developmental disabilities, or child attending a program	42222
offered by a head start agency, shall stop at least ten feet from	42223
the front or rear of the school bus and shall not proceed until	42224
such school bus resumes motion, or until signaled by the school	42225
bus driver to proceed.	42226

It is no defense to a charge under this division that the	42227
school bus involved failed to display or be equipped with an	42228
automatically extended stop warning sign as required by division	42229
(B) of this section.	42230

(B) Every school bus shall be equipped with amber and red	42231
visual signals meeting the requirements of section 4511.771 of the	42232
Revised Code, and an automatically extended stop warning sign of a	42233
type approved by the state board of education, which shall be	42234
actuated by the driver of the bus whenever but only whenever the	42235
bus is stopped or stopping on the roadway for the purpose of	42236
receiving or discharging school children, persons attending	42237
programs offered by community boards of mental health and county	42238
boards of mental retardation and developmental disabilities, or	42239
children attending programs offered by head start agencies. A	42240
school bus driver shall not actuate the visual signals or the stop	42241
warning sign in designated school bus loading areas where the bus	42242
is entirely off the roadway or at school buildings when children	42243
or persons attending programs offered by community boards of	42244
mental health and county boards of mental retardation and	42245
developmental disabilities are loading or unloading at curbside or	42246
at buildings when children attending programs offered by head	42247
start agencies are loading or unloading at curbside. The visual	42248
signals and stop warning sign shall be synchronized or otherwise	42249
operated as required by rule of the board.	42250

(C) Where a highway has been divided into four or more	42251
traffic lanes, a driver of a vehicle, streetcar, or trackless	42252
trolley need not stop for a school bus approaching from the	42253
opposite direction which has stopped for the purpose of receiving	42254
or discharging any school child, persons attending programs	42255
offered by community boards of mental health and county boards of	42256
mental retardation and developmental disabilities, or children	42257
attending programs offered by head start agencies. The driver of	42258
any vehicle, streetcar, or trackless trolley overtaking the school	42259
bus shall comply with division (A) of this section.	42260

(D) School buses operating on divided highways or on highways	42261
with four or more traffic lanes shall receive and discharge all	42262
school children, persons attending programs offered by community	42263
boards of mental health and county boards of mental retardation	42264
and developmental disabilities, and children attending programs	42265
offered by head start agencies on their residence side of the	42266
highway.	42267

(E) No school bus driver shall start the driver's bus until	42268
after any child, person attending programs offered by community	42269
boards of mental health and county boards of mental retardation	42270
and developmental disabilities, or child attending a program	42271
offered by a head start agency who may have alighted therefrom has	42272
reached a place of safety on the child's or person's residence	42273
side of the road.	42274

(F)(1) Whoever violates division (A) of this section may be	42275
fined an amount not to exceed five hundred dollars. A person who	42276
is issued a citation for a violation of division (A) of this	42277
section is not permitted to enter a written plea of guilty and	42278
waive the person's right to contest the citation in a trial but	42279
instead must appear in person in the proper court to answer the	42280
charge.	42281

(2) In addition to and independent of any other penalty	42282
provided by law, the court or mayor may impose upon an offender	42283
who violates this section a class seven suspension of the	42284
offender's driver's license, commercial driver's license,	42285
temporary instruction permit, probationary license, or nonresident	42286
operating privilege from the range specified in division (A)(7) of	42287
section 4510.02 of the Revised Code. When a license is suspended	42288
under this section, the court or mayor shall cause the offender to	42289
deliver the license to the court, and the court or clerk of the	42290
court immediately shall forward the license to the registrar of	42291
motor vehicles, together with notice of the court's action.	42292

(G) As used in this section:

42293

(1) "Head start agency" has the same meaning as in section	42294
~~3301.31~~3301.32 of the Revised Code.	42295

(2) "School bus," as used in relation to children who attend	42296
a program offered by a head start agency, means a bus that is	42297
owned and operated by a head start agency, is equipped with an	42298
automatically extended stop warning sign of a type approved by the	42299
state board of education, is painted the color and displays the	42300
markings described in section 4511.77 of the Revised Code, and is	42301
equipped with amber and red visual signals meeting the	42302
requirements of section 4511.771 of the Revised Code, irrespective	42303
of whether or not the bus has fifteen or more children aboard at	42304
any time. "School bus" does not include a van owned and operated	42305
by a head start agency, irrespective of its color, lights, or	42306
markings.	42307

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	42308
Revised Code:	42309

(A) "Persons" includes individuals, firms, partnerships,	42310
associations, joint stock companies, corporations, and any	42311
combinations of individuals.	42312

(B) "Motor vehicle" means motor vehicle as defined in section	42313
4501.01 of the Revised Code and also includes "all-purpose	42314
vehicle" and "off-highway motorcycle" as those terms are defined	42315
in section 4519.01 of the Revised Code and manufactured and mobile	42316
homes. "Motor vehicle" does not include a snowmobile as defined in	42317
section 4519.01 of the Revised Code.	42318

(C) "New motor vehicle" means a motor vehicle, the legal	42319
title to which has never been transferred by a manufacturer,	42320
remanufacturer, distributor, or dealer to an ultimate purchaser.	42321

(D) "Ultimate purchaser" means, with respect to any new motor	42322
vehicle, the first person, other than a dealer purchasing in the	42323
capacity of a dealer, who in good faith purchases such new motor	42324
vehicle for purposes other than resale.	42325

(E) "Business" includes any activities engaged in by any	42326
person for the object of gain, benefit, or advantage either direct	42327
or indirect.	42328

(F) "Engaging in business" means commencing, conducting, or	42329
continuing in business, or liquidating a business when the	42330
liquidator thereof holds self out to be conducting such business;	42331
making a casual sale or otherwise making transfers in the ordinary	42332
course of business when the transfers are made in connection with	42333
the disposition of all or substantially all of the transferor's	42334
assets is not engaging in business.	42335

(G) "Retail sale" or "sale at retail" means the act or	42336
attempted act of selling, bartering, exchanging, or otherwise	42337
disposing of a motor vehicle to an ultimate purchaser for use as a	42338
consumer.	42339

(H) "Retail installment contract" includes any contract in	42340
the form of a note, chattel mortgage, conditional sales contract,	42341
lease, agreement, or other instrument payable in one or more	42342
installments over a period of time and arising out of the retail	42343
sale of a motor vehicle.	42344

(I) "Farm machinery" means all machines and tools used in the	42345
production, harvesting, and care of farm products.	42346

(J) "Dealer" or "motor vehicle dealer" means any new motor	42347
vehicle dealer, any motor vehicle leasing dealer, and any used	42348
motor vehicle dealer.	42349

(K) "New motor vehicle dealer" means any person engaged in	42350
the business of selling at retail, displaying, offering for sale,	42351
or dealing in new motor vehicles pursuant to a contract or	42352
agreement entered into with the manufacturer, remanufacturer, or	42353
distributor of the motor vehicles.	42354

(L) "Used motor vehicle dealer" means any person engaged in	42355
the business of selling, displaying, offering for sale, or dealing	42356
in used motor vehicles, at retail or wholesale, but does not mean	42357
any new motor vehicle dealer selling, displaying, offering for	42358
sale, or dealing in used motor vehicles incidentally to engaging	42359
in the business of selling, displaying, offering for sale, or	42360
dealing in new motor vehicles, any person engaged in the business	42361
of dismantling, salvaging, or rebuilding motor vehicles by means	42362
of using used parts, or any public officer performing official	42363
duties.	42364

(M) "Motor vehicle leasing dealer" means any person engaged	42365
in the business of regularly making available, offering to make	42366
available, or arranging for another person to use a motor vehicle	42367
pursuant to a bailment, lease, sublease, or other contractual	42368
arrangement under which a charge is made for its use at a periodic	42369
rate for a term of thirty days or more, and title to the motor	42370
vehicle is in and remains in the motor vehicle leasing dealer who	42371
originally leases it, irrespective of whether or not the motor	42372
vehicle is the subject of a later sublease, and not in the user,	42373
but does not mean a manufacturer or its affiliate leasing to its	42374
employees or to dealers.	42375

(N) "Salesperson" means any person employed by a dealer or	42376
manufactured home broker to sell, display, and offer for sale, or	42377
deal in motor vehicles for a commission, compensation, or other	42378
valuable consideration, but does not mean any public officer	42379
performing official duties.	42380

(O) "Casual sale" means any transfer of a motor vehicle by a	42381
person other than a new motor vehicle dealer, used motor vehicle	42382
dealer, motor vehicle salvage dealer, as defined in division (A)	42383
of section 4738.01 of the Revised Code, salesperson, motor vehicle	42384
auction owner, manufacturer, or distributor acting in the capacity	42385
of a dealer, salesperson, auction owner, manufacturer, or	42386
distributor, to a person who purchases the motor vehicle for use	42387
as a consumer.	42388

(P) "Motor vehicle show" means a display of current models of	42389
motor vehicles whereby the primary purpose is the exhibition of	42390
competitive makes and models in order to provide the general	42391
public the opportunity to review and inspect various makes and	42392
models of motor vehicles at a single location.	42393

(Q) "Motor vehicle auction owner" means any person who is	42394
engaged wholly or in part in the business of auctioning motor	42395
vehicles.	42396

(R) "Manufacturer" means a person who manufactures,	42397
assembles, or imports motor vehicles, including motor homes, but	42398
does not mean a person who only assembles or installs a body,	42399
special equipment unit, finishing trim, or accessories on a motor	42400
vehicle chassis supplied by a manufacturer or distributor.	42401

(S) "Tent-type fold-out camping trailer" means any vehicle	42402
intended to be used, when stationary, as a temporary shelter with	42403
living and sleeping facilities, and that is subject to the	42404
following properties and limitations:	42405

(1) A minimum of twenty-five per cent of the fold-out portion	42406
of the top and sidewalls combined must be constructed of canvas,	42407
vinyl, or other fabric, and form an integral part of the shelter.	42408

(2) When folded, the unit must not exceed:

42409

(a) Fifteen feet in length, exclusive of bumper and tongue;

42410

(b) Sixty inches in height from the point of contact with the	42411
ground;	42412

42413

(d) One ton gross weight at time of sale.

42414

(T) "Distributor" means any person authorized by a motor	42415
vehicle manufacturer to distribute new motor vehicles to licensed	42416
new motor vehicle dealers, but does not mean a person who only	42417
assembles or installs a body, special equipment unit, finishing	42418
trim, or accessories on a motor vehicle chassis supplied by a	42419
manufacturer or distributor.	42420

(U) "Flea market" means a market place, other than a dealer's	42421
location licensed under this chapter, where a space or location is	42422
provided for a fee or compensation to a seller to exhibit and	42423
offer for sale or trade, motor vehicles to the general public.	42424

(V) "Franchise" means any written agreement, contract, or	42425
understanding between any motor vehicle manufacturer or	42426
remanufacturer engaged in commerce and any motor vehicle dealer	42427
that purports to fix the legal rights and liabilities of the	42428
parties to such agreement, contract, or understanding.	42429

(W) "Franchisee" means a person who receives new motor	42430
vehicles from the franchisor under a franchise agreement and who	42431
offers, sells, and provides service for such new motor vehicles to	42432
the general public.	42433

(X) "Franchisor" means a new motor vehicle manufacturer,	42434
remanufacturer, or distributor who supplies new motor vehicles	42435
under a franchise agreement to a franchisee.	42436

(Y) "Dealer organization" means a state or local trade	42437
association the membership of which is comprised predominantly of	42438
new motor vehicle dealers.	42439

(Z) "Factory representative" means a representative employed	42440
by a manufacturer, remanufacturer, or by a factory branch	42441
primarily for the purpose of promoting the sale of its motor	42442
vehicles, parts, or accessories to dealers or for supervising or	42443
contacting its dealers or prospective dealers.	42444

(AA) "Administrative or executive management" means those	42445
individuals who are not subject to federal wage and hour laws.	42446

(BB) "Good faith" means honesty in the conduct or transaction	42447
concerned and the observance of reasonable commercial standards of	42448
fair dealing in the trade as is defined in division (S) of section	42449
1301.01 of the Revised Code, including, but not limited to, the	42450
duty to act in a fair and equitable manner so as to guarantee	42451
freedom from coercion, intimidation, or threats of coercion or	42452
intimidation; provided however, that recommendation, endorsement,	42453
exposition, persuasion, urging, or argument shall not be	42454
considered to constitute a lack of good faith.	42455

(CC) "Coerce" means to compel or attempt to compel by failing	42456
to act in good faith or by threat of economic harm, breach of	42457
contract, or other adverse consequences. Coerce does not mean to	42458
argue, urge, recommend, or persuade.	42459

(DD) "Relevant market area" means any area within a radius of	42460
ten miles from the site of a potential new dealership, except that	42461
for manufactured home or recreational vehicle dealerships the	42462
radius shall be twenty-five miles. The ten-mile radius shall be	42463
measured from the dealer's established place of business that is	42464
used exclusively for the purpose of selling, displaying, offering	42465
for sale, or dealing in motor vehicles.	42466

(EE) "Wholesale" or "at wholesale" means the act or attempted	42467
act of selling, bartering, exchanging, or otherwise disposing of a	42468
motor vehicle to a transferee for the purpose of resale and not	42469
for ultimate consumption by that transferee.	42470

(FF) "Motor vehicle wholesaler" means any person licensed as	42471
a dealer under the laws of another state and engaged in the	42472
business of selling, displaying, or offering for sale used motor	42473
vehicles, at wholesale, but does not mean any motor vehicle dealer	42474
as defined in this section.	42475

(GG)(1) "Remanufacturer" means a person who assembles or	42476
installs passenger seating, walls, a roof elevation, or a body	42477
extension on a conversion van with the motor vehicle chassis	42478
supplied by a manufacturer or distributor, a person who modifies a	42479
truck chassis supplied by a manufacturer or distributor for use as	42480
a public safety or public service vehicle, a person who modifies a	42481
motor vehicle chassis supplied by a manufacturer or distributor	42482
for use as a limousine or hearse, or a person who modifies an	42483
incomplete motor vehicle cab and chassis supplied by a new motor	42484
vehicle dealer or distributor for use as a tow truck, but does not	42485
mean either of the following:	42486

(a) A person who assembles or installs passenger seating,	42487
walls, a roof elevation, or a body extension on a manufactured	42488
home as defined in division (C)(4) of section 3781.06 of the	42489
Revised Code, a mobile home as defined in division (O) and	42490
referred to in division (B) of section 4501.01 of the Revised	42491
Code, or a recreational vehicle as defined in division (Q) and	42492
referred to in division (B) of section 4501.01 of the Revised	42493
Code;	42494

(b) A person who assembles or installs special equipment or	42495
accessories for handicapped persons, as defined in section 4503.44	42496
of the Revised Code, upon a motor vehicle chassis supplied by a	42497
manufacturer or distributor.	42498

(2) For the purposes of division (GG)(1) of this section,	42499
"public safety vehicle or public service vehicle" means a fire	42500
truck, ambulance, school bus, street sweeper, garbage packing	42501
truck, or cement mixer, or a mobile self-contained facility	42502
vehicle.	42503

(3) For the purposes of division (GG)(1) of this section,	42504
"limousine" means a motor vehicle, designed only for the purpose	42505
of carrying nine or fewer passengers, that a person modifies by	42506
cutting the original chassis, lengthening the wheelbase by forty	42507
inches or more, and reinforcing the chassis in such a way that all	42508
modifications comply with all applicable federal motor vehicle	42509
safety standards. No person shall qualify as or be deemed to be a	42510
remanufacturer who produces limousines unless the person has a	42511
written agreement with the manufacturer of the chassis the person	42512
utilizes to produce the limousines to complete properly the	42513
remanufacture of the chassis into limousines.	42514

(4) For the purposes of division (GG)(1) of this section,	42515
"hearse" means a motor vehicle, designed only for the purpose of	42516
transporting a single casket, that is equipped with a compartment	42517
designed specifically to carry a single casket that a person	42518
modifies by cutting the original chassis, lengthening the	42519
wheelbase by ten inches or more, and reinforcing the chassis in	42520
such a way that all modifications comply with all applicable	42521
federal motor vehicle safety standards. No person shall qualify as	42522
or be deemed to be a remanufacturer who produces hearses unless	42523
the person has a written agreement with the manufacturer of the	42524
chassis the person utilizes to produce the hearses to complete	42525
properly the remanufacture of the chassis into hearses.	42526

(5) For the purposes of division (GG)(1) of this section,	42527
"mobile self-contained facility vehicle" means a mobile classroom	42528
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	42529
testing laboratory, and mobile display vehicle, each of which is	42530
designed for purposes other than for passenger transportation and	42531
other than the transportation or displacement of cargo, freight,	42532
materials, or merchandise. A vehicle is remanufactured into a	42533
mobile self-contained facility vehicle in part by the addition of	42534
insulation to the body shell, and installation of all of the	42535
following: a generator, electrical wiring, plumbing, holding	42536
tanks, doors, windows, cabinets, shelving, and heating,	42537
ventilating, and air conditioning systems.	42538

(6) For the purposes of division (GG)(1) of this section,	42539
"tow truck" means both of the following:	42540

(a) An incomplete cab and chassis that are purchased by a	42541
remanufacturer from a new motor vehicle dealer or distributor of	42542
the cab and chassis and on which the remanufacturer then installs	42543
in a permanent manner a wrecker body it purchases from a	42544
manufacturer or distributor of wrecker bodies, installs an	42545
emergency flashing light pylon and emergency lights upon the mast	42546
of the wrecker body or rooftop, and installs such other related	42547
accessories and equipment, including push bumpers, front grille	42548
guards with pads and other custom-ordered items such as painting,	42549
special lettering, and safety striping so as to create a complete	42550
motor vehicle capable of lifting and towing another motor vehicle.	42551

(b) An incomplete cab and chassis that are purchased by a	42552
remanufacturer from a new motor vehicle dealer or distributor of	42553
the cab and chassis and on which the remanufacturer then installs	42554
in a permanent manner a car carrier body it purchases from a	42555
manufacturer or distributor of car carrier bodies, installs an	42556
emergency flashing light pylon and emergency lights upon the	42557
rooftop, and installs such other related accessories and	42558
equipment, including push bumpers, front grille guards with pads	42559
and other custom-ordered items such as painting, special	42560
lettering, and safety striping.	42561

As used in division (GG)(6)(b) of this section, "car carrier	42562
body" means a mechanical or hydraulic apparatus capable of lifting	42563
and holding a motor vehicle on a flat level surface so that one or	42564
more motor vehicles can be transported, once the car carrier is	42565
permanently installed upon an incomplete cab and chassis.	42566

(HH) "Operating as a new motor vehicle dealership" means	42567
engaging in activities such as displaying, offering for sale, and	42568
selling new motor vehicles at retail, operating a service facility	42569
to perform repairs and maintenance on motor vehicles, offering for	42570
sale and selling motor vehicle parts at retail, and conducting all	42571
other acts that are usual and customary to the operation of a new	42572
motor vehicle dealership. For the purposes of this chapter only,	42573
possession of either a valid new motor vehicle dealer franchise	42574
agreement or a new motor vehicle dealers license, or both of these	42575
items, is not evidence that a person is operating as a new motor	42576
vehicle dealership.	42577

(II) "Manufactured home broker" means any person acting as a	42578
selling agent on behalf of an owner of a manufactured or mobile	42579
home that is subject to taxation under section 4503.06 of the	42580
Revised Code.	42581

(JJ) "Outdoor power equipment" means garden and small utility	42582
tractors, walk-behind and riding mowers, chainsaws, and tillers.	42583

(KK) "Remote service facility" means premises that are	42584
separate from a licensed new motor vehicle dealer's sales facility	42585
by not more than one mile and that are used by the dealer to	42586
perform repairs, warranty work, recall work, and maintenance on	42587
motor vehicles pursuant to a franchise agreement entered into with	42588
a manufacturer of motor vehicles. A remote service facility shall	42589
be deemed to be part of the franchise agreement and is subject to	42590
all the rights, duties, obligations, and requirements of Chapter	42591
4517. of the Revised Code that relate to the performance of motor	42592
vehicle repairs, warranty work, recall work, and maintenance work	42593
by new motor vehicle dealers.	42594

Sec. 4519.01. As used in this chapter:

42595

(A) "Snowmobile" means any self-propelled vehicle designed	42596
primarily for use on snow or ice, and steered by skis, runners, or	42597
caterpillar treads.	42598

(B) "All-purpose vehicle" means any self-propelled vehicle	42599
designed primarily for cross-country travel on land and water, or	42600
on more than one type of terrain, and steered by wheels or	42601
caterpillar treads, or any combination thereof, including vehicles	42602
that operate on a cushion of air, vehicles commonly known as	42603
all-terrain vehicles, all-season vehicles, mini-bikes, and trail	42604
bikes~~, but excluding any self-propelled vehicle not principally~~	42605
~~used for purposes of personal transportation,~~. "All-purpose	42606
vehicle" does not include a utility vehicle as defined in section	42607
4501.01 of the Revised Code or any vehicle principally used in	42608
playing golf, any motor vehicle or aircraft required to be	42609
registered under Chapter 4503. or 4561. of the Revised Code, and	42610
any vehicle excepted from definition as a motor vehicle by	42611
division (B) of section 4501.01 of the Revised Code.	42612

(C) "Owner" means any person or firm, other than a lienholder	42613
or dealer, having title to a snowmobile, off-highway motorcycle,	42614
or all-purpose vehicle, or other right to the possession thereof.	42615

(D) "Operator" means any person who operates or is in actual	42616
physical control of a snowmobile, off-highway motorcycle, or	42617
all-purpose vehicle.	42618

(E) "Dealer" means any person or firm engaged in the business	42619
of manufacturing or selling snowmobiles, off-highway motorcycles,	42620
or all-purpose vehicles at wholesale or retail, or who rents,	42621
leases, or otherwise furnishes snowmobiles, off-highway	42622
motorcycles, or all-purpose vehicles for hire.	42623

(F) "Street or highway" has the same meaning as in section	42624
4511.01 of the Revised Code.	42625

(G) "Limited access highway" and "freeway" have the same	42626
meanings as in section 5511.02 of the Revised Code.	42627

(H) "Interstate highway" means any part of the interstate	42628
system of highways as defined in subsection (e), 90 Stat. 431	42629
(1976), 23 U.S.C.A. 103, as amended.	42630

(I) "Off-highway motorcycle" means every motorcycle, as	42631
defined in section 4511.01 of the Revised Code, that is designed	42632
to be operated primarily on lands other than a street or highway.	42633

(J) "Electronic" and "electronic record" have the same	42634
meanings as in section 4501.01 of the Revised Code.	42635

(K) "Electronic dealer" means a dealer whom the registrar of	42636
motor vehicles designates under section 4519.511 of the Revised	42637
Code.	42638

Sec. 4519.02. (A) Except as provided in divisions (B), (C),	42639
and (D) of this section, no person shall operate any snowmobile,	42640
off-highway motorcycle, or all-purpose vehicle within this state	42641
unless the snowmobile, off-highway motorcycle, or all-purpose	42642
vehicle is registered and numbered in accordance with sections	42643
4519.03 and 4519.04 of the Revised Code.	42644

(B) No registration is required for a snowmobile, off-highway	42645
motorcycle, or all-purpose vehicle that is operated exclusively	42646
upon lands owned by the owner of the snowmobile, off-highway	42647
motorcycle, or all-purpose vehicle, or on lands to which the owner	42648
has a contractual right.	42649

(C) ~~No registration is required for a snowmobile, off-highway~~	42650
~~motorcycle, or all-purpose vehicle owned and used in this state by~~	42651
~~a resident of another state whenever that state has in effect a~~	42652
~~registration law similar to this chapter and the snowmobile,~~	42653
~~off-highway motorcycle, or all-purpose vehicle is properly~~	42654
~~registered thereunder.~~ Any snowmobile, off-highway motorcycle, or	42655
all-purpose vehicle owned and used in this state by a person who	42656
is not a resident of ~~another~~this state ~~not having such a~~	42657
~~registration requirement~~ shall comply with section 4519.09 of the	42658
Revised Code.	42659

(D) No registration is required for a snowmobile, off-highway	42660
motorcycle, or all-purpose vehicle owned and used in this state by	42661
the United States, another state, or a political subdivision	42662
thereof, but the snowmobile, off-highway motorcycle, or	42663
all-purpose vehicle shall display the name of the owner thereon.	42664

(E) The owner or operator of any all-purpose vehicle operated	42665
or used upon the waters in this state shall comply with Chapters	42666
1547. and 1548. of the Revised Code relative to the operation of	42667
watercraft.	42668

(F) Except as otherwise provided in this division, whoever	42669
violates division (A) of this section shall be fined not more than	42670
twenty-five dollars. If the offender previously has been convicted	42671
of or pleaded guilty to a violation of division (A) of this	42672
section, whoever violates division (A) of this section shall be	42673
fined not less than twenty-five nor more than fifty dollars.	42674

Sec. 4519.09. Every owner or operator of a snowmobile,	42675
off-highway motorcycle, or all-purpose vehicle who is not a	42676
resident of athis state ~~not having a registration law similar to~~	42677
~~this chapter,~~ and who expects to use the snowmobile, off-highway	42678
motorcycle, or all-purpose vehicle in Ohio, shall apply to the	42679
registrar of motor vehicles or a deputy registrar for a temporary	42680
operating permit. The temporary operating permit shall be issued	42681
for a period not to exceed fifteen days from the date of issuance,	42682
shall be in such form as the registrar determines, shall include	42683
the name and address of the owner and operator of the snowmobile,	42684
off-highway motorcycle, or all-purpose vehicle, and any other	42685
information as the registrar considers necessary, and shall be	42686
issued upon payment of a fee of five dollars. Every owner or	42687
operator receiving a temporary operating permit shall display it	42688
upon the reasonable request of any law enforcement officer or	42689
other person as authorized by sections 4519.42 and 4519.43 of the	42690
Revised Code.	42691

Sec. 4561.17. For the purpose of providing revenue for	42692
paying the expenses of administering sections 4561.17 to 4561.22	42693
of the Revised Code relative to the registration of aircraft, for	42694
the surveying of and the establishment, checking, maintenance, and	42695
repair of aviation air marking and of air navigation facilities,	42696
for airport capital improvements, for the acquiring, maintaining,	42697
and repairing of equipment necessary therefor, and for the cost of	42698
the creation and distribution of Ohio aeronautical charts and Ohio	42699
airport and landing field directories, an annual license tax is	42700
hereby levied upon all aircraft based in this state for which an	42701
aircraft worthiness certificate issued by the federal aviation	42702
administration is in effect except the following:	42703

(A) Aircraft owned by the United States or any territory	42704
thereof;	42705

(B) Aircraft owned by any foreign government;

42706

(C) Aircraft owned by any state or any political subdivision	42707
thereof;	42708

(D) Aircraft operated under a certificate of convenience and	42709
necessity issued by the civil aeronautics board or any successor	42710
thereto;	42711

(E) Aircraft owned by any nonresident of this state whether	42712
such owner is an individual, partnership, or corporation, provided	42713
such owner has complied with all the laws in regard to the	42714
licensing of aircraft in the state of ~~his~~the owner's residence;	42715

(F) Aircraft owned by aircraft manufacturers or aircraft	42716
engine manufacturers and operated only for purposes of testing,	42717
delivery, or demonstration;	42718

(G) Aircraft operated for hire over regularly scheduled	42719
routes within the state.	42720

Such license tax shall be at the rates specified in section	42721
4561.18 of the Revised Code, and shall be paid to and collected by	42722
the director of transportation at the time of making application	42723
as provided in such section.	42724

Sec. 4561.18. Applications for the licensing and	42725
registration of aircraft shall be made and signed by the owner	42726
thereof upon forms prepared by the department of transportation	42727
and shall contain a description of the aircraft, including its	42728
federal registration number, and such other information as is	42729
required by the department.	42730

Applications shall be filed with the director of	42731
transportation during the month of January annually and shall be	42732
renewed according to the standard renewal procedure of sections	42733
4745.01 to 4745.03 of the Revised Code. Application for	42734
registration of any aircraft not previously registered in this	42735
state, if such aircraft is acquired or becomes subject to such	42736
license tax subsequent to the last day of January in any year,	42737
shall be made for the balance of the year in which the same is	42738
acquired, within forty-eight hours after such acquisition or after	42739
becoming subject to such license tax. Each such application shall	42740
be accompanied by the proper license tax, which, for all aircraft	42741
other than gliders and balloons, shall be at the annual rate of	42742
~~one hundred~~fifteen dollars per ~~aircraft~~seat, based on the	42743
manufacturer's maximum listed seating capacity. The license tax	42744
for gliders and balloons shall be ~~three~~fifteen dollars annually.	42745

Such taxes are in lieu of all other taxes on or with respect	42746
to ownership of such aircraft.	42747

Sec. 4561.21. (A) The director of transportation shall	42748
deposit all aircraft transfer fees in the state treasury to the	42749
credit of the general fund.	42750

(B) The director shall deposit all aircraft license taxes in	42751
the state treasury to the credit of the ~~county~~ airport ~~maintenance~~	42752
assistance fund, which is hereby created. Money in the fund shall	42753
be used ~~to assist counties in maintaining the~~for maintenance and	42754
capital improvements to publicly owned airports ~~they own~~, and the	42755
director shall distribute the money to ~~counties~~eligible	42756
recipients in accordance with such procedures, guidelines, and	42757
criteria as the director shall establish.	42758

Sec. 4703.15. (A) The state board of examiners of architects	42759
may by three concurring votes deny renewal of, revoke, or suspend	42760
any certificate of qualification to practice architecture, issued	42761
or renewed under sections 4703.10, 4703.13, and 4703.14 of the	42762
Revised Code, or any certificate of authorization, issued or	42763
renewed under sections 4703.13 and 4703.18 of the Revised Code, if	42764
proof satisfactory to the board is presented in any of the	42765
following cases:	42766

~~(A)~~(1) In case it is shown that the certificate was obtained	42767
by fraud;	42768

~~(B)~~(2) In case the holder of the certificate has been found	42769
guilty by the board or by a court of justice of any fraud or	42770
deceit in ~~his~~the holder's professional practice, or has been	42771
convicted of a felony by a court of justice;	42772

~~(C)~~(3) In case the holder has been found guilty by the board	42773
of gross negligence, incompetency, or misconduct in the	42774
performance of ~~his~~the holder's services as an architect or in the	42775
practice of architecture;	42776

~~(D)~~(4) In case the holder of the certificate has been found	42777
guilty by the board of signing plans for the construction of a	42778
building as a "registered architect" where hethe holder is not	42779
the actual architect of such building and where hethe holder is	42780
without prior written consent of the architect originating the	42781
design or other documents used in the plans;	42782

~~(E)~~(5) In case the holder of the certificate has been found	42783
guilty by the board of aiding and abetting another person or	42784
persons not properly registered as required by sections 4703.01 to	42785
4703.19 of the Revised Code, in the performance of activities that	42786
in any manner or extent constitute the practice of architecture.	42787

At any time after the expiration of six months from the date	42788
of the revocation or suspension of a certificate, the individual,	42789
firm, partnership, association, or corporation may apply for	42790
reinstatement of the certificate. Upon showing that all loss	42791
caused by the individual, firm, partnership, association, or	42792
corporation whose certificate has been revoked or suspended has	42793
been fully satisfied and that all conditions imposed by the	42794
revocation or suspension decision have been complied with, and	42795
upon the payment of all costs incurred by the board as a result of	42796
the case at issue, the board, at its discretion and upon evidence	42797
that in its opinion would so warrant, may restore the certificate.	42798

(B) In addition to disciplinary action the board may take	42799
against a certificate holder under division (A) of this section or	42800
section 4703.151 of the Revised Code, the board may impose a fine	42801
against a certificate holder who obtained a certificate by fraud	42802
or who is found guilty of any act specified in divisions (A)(2) to	42803
(A)(5) of this section or who violates any rule governing the	42804
standards of service, conduct, and practice adopted pursuant to	42805
section 4703.02 of the Revised Code. The fine imposed shall be not	42806
more than one thousand dollars for each offense but shall not	42807
exceed five thousand dollars regardless of the number of offenses	42808
the certificate holder has committed between the time the fine is	42809
imposed and the time any previous fine was imposed.	42810

Sec. 4705.09. (A)(1) Any person admitted to the practice of	42811
law in this state by order of the supreme court in accordance with	42812
its prescribed and published rules, or any law firm or legal	42813
professional association, may establish and maintain an	42814
interest-bearing trust account, for purposes of depositing client	42815
funds held by the attorney, firm, or association that are nominal	42816
in amount or are to be held by the attorney, firm, or association	42817
for a short period of time, with any bank or savings and loan	42818
association that is authorized to do business in this state and is	42819
insured by the federal deposit insurance corporation or the	42820
successor to that corporation, or any credit union insured by the	42821
national credit union administration operating under the "Federal	42822
Credit Union Act," 84 Stat. 994 (1970), 12 U.S.C.A. 1751. Each	42823
account established under this division shall be in the name of	42824
the attorney, firm, or association that established and is	42825
maintaining it and shall be identified as an IOLTA or an interest	42826
on lawyer's trust account. The name of the account may contain	42827
additional identifying features to distinguish it from other trust	42828
accounts established and maintained by the attorney, firm, or	42829
association.	42830

(2) Each attorney who receives funds belonging to a client	42831
shall do one of the following:	42832

(a) Establish and maintain one or more interest-bearing trust	42833
accounts in accordance with division (A)(1) of this section or	42834
maintain one or more interest-bearing trust accounts previously	42835
established in accordance with that division, and deposit all	42836
client funds held that are nominal in amount or are to be held by	42837
the attorney for a short period of time in the account or	42838
accounts;	42839

(b) If the attorney is affiliated with a law firm or legal	42840
professional association, comply with division (A)(2)(a) of this	42841
section or deposit all client funds held that are nominal in	42842
amount or are to be held by the attorney for a short period of	42843
time in one or more interest-bearing trust accounts established	42844
and maintained by the firm or association in accordance with	42845
division (A)(1) of this section.	42846

(3) No funds belonging to any attorney, firm, or legal	42847
professional association shall be deposited in any	42848
interest-bearing ~~IOTA~~IOLTA account established under division	42849
(A)(1) or (2) of this section, except that funds sufficient to pay	42850
or enable a waiver of depository institution service charges on	42851
the account shall be deposited in the account and other funds	42852
belonging to the attorney, firm, or association may be deposited	42853
as authorized by the Code of Professional Responsibility adopted	42854
by the supreme court. The determinations of whether funds held are	42855
nominal or more than nominal in amount and of whether funds are to	42856
be held for a short period or longer than a short period of time	42857
rests in the sound judgment of the particular attorney. No	42858
imputation of professional misconduct shall arise from the	42859
attorney's exercise of judgment in these matters.	42860

(B) All interest earned on funds deposited in an	42861
interest-bearing trust account established under division (A)(1)	42862
or (2) of this section shall be transmitted to the treasurer of	42863
state for deposit in the legal aid fund established under section	42864
120.52 of the Revised Code. No part of the interest earned on	42865
funds deposited in an interest-bearing trust account established	42866
under division (A)(1) or (2) of this section shall be paid to, or	42867
inure to the benefit of, the attorney, the attorney's law firm or	42868
legal professional association, the client or other person who	42869
owns or has a beneficial ownership of the funds deposited, or any	42870
other person other than in accordance with this section, section	42871
4705.10, and sections 120.51 to 120.55 of the Revised Code.	42872

(C) No liability arising out of any act or omission by any	42873
attorney, law firm, or legal professional association with respect	42874
to any interest-bearing trust account established under division	42875
(A)(1) or (2) of this section shall be imputed to the depository	42876
institution.	42877

(D) The supreme court may adopt and enforce rules of	42878
professional conduct that pertain to the use, by attorneys, law	42879
firms, or legal professional associations, of interest-bearing	42880
trust accounts established under division (A)(1) or (2) of this	42881
section, and that pertain to the enforcement of division (A)(2) of	42882
this section. Any rules adopted by the supreme court under this	42883
authority shall conform to the provisions of this section, section	42884
4705.10, and sections 120.51 to 120.55 of the Revised Code.	42885

Sec. 4709.05. In addition to any other duty imposed on the	42886
barber board under this chapter, the board shall do all of the	42887
following:	42888

(A) Organize by electing a chairperson from its members to	42889
serve a one-year term;	42890

(B) Hold regular meetings, at the times and places as it	42891
determines for the purpose of conducting the examinations required	42892
under this chapter, and hold additional meetings for the	42893
transaction of necessary business;	42894

(C) Provide for suitable quarters, in the city of Columbus,	42895
for the conduct of its business and the maintenance of its	42896
records;	42897

(D) Adopt a common seal for the authentication of its orders,	42898
communications, and records;	42899

(E) Maintain a record of its proceedings and a register of	42900
persons licensed as barbers. The register shall include each	42901
licensee's name, place of business, residence, and licensure date	42902
and number, and a record of all licenses issued, refused, renewed,	42903
suspended, or revoked. The records are open to public inspection	42904
at all reasonable times.	42905

(F) Annually, on or before the first day of January, make a	42906
report to the governor of all its official acts during the	42907
preceding year, its receipts and disbursements, recommendations it	42908
determines appropriate, and an evaluation of board activities	42909
intended to aid or protect consumers of barber services;	42910

(G) Employ an executive director who shall do all things	42911
requested by the board for the administration and enforcement of	42912
this chapter. The executive director shall employ inspectors,	42913
clerks, and other assistants as hethe executive director	42914
determines necessary.	42915

(H) Ensure that the practice of barbering is conducted only	42916
in a licensed barber shop, except when the practice of barbering	42917
is performed on a person whose physical or mental disability	42918
prevents that person from going to a licensed barber shop;	42919

(I) Conduct or have conducted the examination for applicants	42920
to practice as licensed barbers at least four times per year at	42921
the times and places the board determines;	42922

(J) Adopt rules, in accordance with Chapter 119. of the	42923
Revised Code, to administer and enforce this chapter and which	42924
cover all of the following:	42925

(1) Sanitary standards for the operation of barber shops and	42926
barber schools that conform to guidelines established by the	42927
department of health;	42928

(2) The content of the examination required of an applicant	42929
for a barber license. The examination shall include a practical	42930
demonstration and a written test, shall relate only to the	42931
practice of barbering, and shall require the applicant to	42932
demonstrate that the applicant has a thorough knowledge of and	42933
competence in the proper techniques in the safe use of chemicals	42934
used in the practice of barbering.	42935

(3) Continuing education requirements for persons licensed	42936
pursuant to this chapter. The board may impose continuing	42937
education requirements upon a licensee for a violation of this	42938
chapter or the rules adopted pursuant thereto or if the board	42939
determines that the requirements are necessary to preserve the	42940
health, safety, or welfare of the public.	42941

(4) Requirements for the licensure of barber schools, barber	42942
teachers, and assistant barber teachers;	42943

(5) Requirements for students of barber schools;

42944

(6) Any other area the board determines appropriate to	42945
administer or enforce this chapter.	42946

(K) Annually review the rules adopted pursuant to division	42947
(J) of this section in order to compare those rules with the rules	42948
adopted by the state board of cosmetology pursuant to section	42949
4713.08 of the Revised Code. If the barber board determines that	42950
the rules adopted by the state board of cosmetology, including,	42951
but not limited to, rules concerning using career technical	42952
schools, would be beneficial to the barbering profession, the	42953
barber board shall adopt rules similar to those it determines	42954
would be beneficial for barbers.	42955

(L) Prior to adopting any rule under this chapter, indicate	42956
at a formal hearing the reasons why the rule is necessary as a	42957
protection of the persons who use barber services or as an	42958
improvement of the professional standing of barbers in this state;	42959

~~(L)~~(M) Furnish each owner or manager of a barber shop and	42960
barber school with a copy of all sanitary rules adopted pursuant	42961
to division (J) of this section;	42962

~~(M)~~(N) Conduct such investigations and inspections of persons	42963
and establishments licensed or unlicensed pursuant to this chapter	42964
and for that purpose, any member of the board or any of its	42965
authorized agents may enter and inspect any place of business of a	42966
licensee or a person suspected of violating this chapter or the	42967
rules adopted pursuant thereto, during normal business hours;	42968

~~(N)~~(O) Upon the written request of an applicant and the	42969
payment of the appropriate fee, provide to the applicant licensure	42970
information concerning the applicant;	42971

~~(O)~~(P) Do all things necessary for the proper administration	42972
and enforcement of this chapter.	42973

Sec. 4713.02. (A) There is hereby created the state board of	42974
cosmetology, consisting of all of the following members appointed	42975
by the governor, with the advice and consent of the senate:	42976

(1) One person holding a current, valid cosmetologist,	42977
managing cosmetologist, or cosmetology instructor license at the	42978
time of appointment;	42979

(2) Two persons holding current, valid managing cosmetologist	42980
licenses and actively engaged in managing beauty salons at the	42981
time of appointment;	42982

(3) One person who holds a current, valid independent	42983
contractor license at the time of appointment or the owner or	42984
manager of a licensed salon in which at least one person holding a	42985
current, valid independent contractor license practices a branch	42986
of cosmetology;	42987

(4) One person who represents individuals who teach the	42988
theory and practice of a branch of cosmetology at a vocational	42989
school;	42990

(5) One owner of a licensed school of cosmetology;

42991

(6) One owner of at least five licensed salons;

42992

(7) One person who is either a certified nurse practitioner	42993
or clinical nurse specialist holding a certificate of authority	42994
issued under Chapter 4723. of the Revised Code, or a physician	42995
authorized under Chapter 4731. of the Revised Code to practice	42996
medicine and surgery or osteopathic medicine and surgery;	42997

(8) One person representing the general public.

42998

(B) The superintendent of public instruction shall nominate	42999
three persons for the governor to choose from when making an	43000
appointment under division (A)(4) of this section.	43001

(C) All members shall be at least twenty-five years of age,	43002
residents of the state, and citizens of the United States. No more	43003
than two members, at any time, shall be graduates of the same	43004
school of cosmetology.	43005

Except for the initial members appointed under divisions	43006
(A)(3) and (4) of this section, terms of office are for five	43007
years. The term of the initial member appointed under division	43008
(A)(3) of this section shall be three years. The term of the	43009
initial member appointed under division (A)(4) of this section	43010
shall be four years. Terms shall commence on the first day of	43011
November and end on the thirty-first day of October. Each member	43012
shall hold office from the date of appointment until the end of	43013
the term for which appointed. In case of a vacancy occurring on	43014
the board, the governor shall, in the same manner prescribed for	43015
the regular appointment to the board, fill the vacancy by	43016
appointing a member. Any member appointed to fill a vacancy	43017
occurring prior to the expiration of the term for which the	43018
member's predecessor was appointed shall hold office for the	43019
remainder of such term. Any member shall continue in office	43020
subsequent to the expiration date of the member's term until the	43021
member's successor takes office, or until a period of sixty days	43022
has elapsed, whichever occurs first. Before entering upon the	43023
discharge of the duties of the office of member, each member shall	43024
take, and file with the secretary of state, the oath of office	43025
required by Section 7 of Article XV, Ohio Constitution.	43026

The members of the board shall receive an amount fixed	43027
pursuant to Chapter 124. of the Revised Code per diem for every	43028
meeting of the board which they attend, together with their	43029
necessary expenses, and mileage for each mile necessarily	43030
traveled.	43031

The members of the board shall annually elect, from among	43032
their number, a chairperson.	43033

The board shall prescribe the duties of its officers and	43034
establish an office ~~at Columbus, Ohio~~within Franklin County. The	43035
board shall keep all records and files at the office and have the	43036
records and files at all reasonable hours open to public	43037
inspection. The board also shall adopt a seal.	43038

Sec. 4723.32. This chapter does not prohibit any of the	43039
following:	43040

(A) The practice of nursing by a student currently enrolled	43041
in and actively pursuing completion of a prelicensure nursing	43042
education program approved by the board of nursing, if the	43043
student's practice is under the auspices of the program and the	43044
student acts under the supervision of a registered nurse serving	43045
for the program as a faculty member, teaching assistant, or	43046
preceptor;	43047

(B) The rendering of medical assistance to a licensed	43048
physician, licensed dentist, or licensed podiatrist by a person	43049
under the direction, supervision, and control of such licensed	43050
physician, dentist, or podiatrist;	43051

(C) The activities of persons employed as nursing aides,	43052
attendants, orderlies, or other auxiliary workers in patient	43053
homes, nurseries, nursing homes, hospitals, home health agencies,	43054
or other similar institutions;	43055

(D) The provision of nursing services to family members or in	43056
emergency situations;	43057

(E) The care of the sick when done in connection with the	43058
practice of religious tenets of any church and by or for its	43059
members;	43060

(F) The practice of nursing as a certified registered nurse	43061
anesthetist, clinical nurse specialist, certified nurse-midwife,	43062
or certified nurse practitioner by a student currently enrolled in	43063
and actively pursuing completion of a program of study leading to	43064
initial authorization by the board to practice nursing in the	43065
specialty, if both of the following are the case:	43066

(1) The program qualifies the student to sit for the	43067
examination of a national certifying organization listed in	43068
division (A)(3) of section 4723.41 of the Revised Code or approved	43069
by the board under section 4723.46 of the Revised Code or the	43070
program prepares the student to receive a master's degree in	43071
accordance with division (A)(2) of section 4723.41 of the Revised	43072
Code;	43073

(2) The student's practice is under the auspices of the	43074
program and the student acts under the supervision of a registered	43075
nurse serving for the program as a faculty member, teaching	43076
assistant, or preceptor.	43077

(G) The activities of an individual who currently holds a	43078
license to practice nursing in another jurisdiction, if the	43079
individual's license has not been revoked, the individual is not	43080
currently under suspension or on probation, the individual does	43081
not represent the individual as being licensed under this chapter,	43082
and one of the following is the case:	43083

(1) The individual is engaging in the practice of nursing by	43084
discharging official duties while employed by or under contract	43085
with the United States government or any agency thereof;	43086

(2) The individual is engaging in the practice of nursing as	43087
an employee of an individual, agency, or corporation located in	43088
the other jurisdiction in a position with employment	43089
responsibilities that include transporting patients into, out of,	43090
or through this state, as long as each trip in this state does not	43091
exceed seventy-two hours;	43092

(3) The individual is consulting with an individual licensed	43093
in this state to practice any health-related profession;	43094

(4) The individual is engaging in activities associated with	43095
teaching in this state as a guest lecturer at or for a nursing	43096
education program, continuing nursing education program, or	43097
in-service presentation;	43098

(5) The individual is conducting evaluations of nursing care	43099
that are undertaken on behalf of an accrediting organization,	43100
including the national league for nursing accrediting committee,	43101
the joint commission on accreditation of healthcare organizations,	43102
or any other nationally recognized accrediting organization;	43103

(6) The individual is providing nursing care to an individual	43104
who is in this state on a temporary basis, not to exceed six	43105
months in any one calendar year, if the nurse is directly employed	43106
by or under contract with the individual or a guardian or other	43107
person acting on the individual's behalf;	43108

(7) The individual is providing nursing care during any	43109
disaster, natural or otherwise, that has been officially declared	43110
to be a disaster by a public announcement issued by an appropriate	43111
federal, state, county, or municipal official.	43112

(H) The administration of medication by an individual who	43113
holds a valid medication aide certificate issued under this	43114
chapter, if the medication is administered to a resident of a	43115
nursing home or residential care facility authorized by section	43116
4723.63 or 4723.64 of the Revised Code to utilize a certified	43117
medication technician and the medication is administered in	43118
accordance with section 4723.592 of the Revised Code.	43119

Sec. 4723.61. As used in this section and in sections	43120
4723.62 to 4723.69 of the Revised Code:	43121

(A) "Medication" means a drug, as defined in section 4729.01	43122
of the Revised Code.	43123

(B) "Medication error" means a failure to follow the	43124
prescriber's instructions when administering a prescription	43125
medication.	43126

(C) "Nursing home" and "residential care facility" have the	43127
same meanings as in section 3721.01 of the Revised Code.	43128

(D) "Prescription medication" means a medication that may be	43129
dispensed only pursuant to a prescription.	43130

(E) "Prescriber" and "prescription" have the same meanings as	43131
in section 4729.01 of the Revised Code.	43132

Sec. 4723.62. (A) There is hereby created the medication	43133
aide advisory council. The council shall consist of the following	43134
members:	43135

(1) A registered nurse working in long-term care, appointed	43136
by the governing body of the Ohio nurses association;	43137

(2) A licensed practical nurse working in long-term care,	43138
appointed by the governing body of the licensed practical nurse	43139
association of Ohio;	43140

(3) A registered nurse with experience in researching	43141
gerontology issues, appointed by the governing body of the Ohio	43142
nurses association;	43143

(4) An advanced practice nurse with experience in	43144
gerontology, appointed by the governing body of the Ohio	43145
association of advanced practice nurses;	43146

(5) A representative of the Ohio health care association,	43147
appointed by the governing body of the association;	43148

(6) A representative of the association of Ohio philanthropic	43149
homes, housing, and services for the aging, appointed by the	43150
governing body of the association;	43151

(7) A representative of the Ohio academy of nursing homes,	43152
appointed by the governing body of the academy;	43153

(8) A representative of the Ohio assisted living association,	43154
appointed by the governing body of the association;	43155

(9) A representative of the Ohio association of long-term	43156
care ombudsmen, appointed by the governing body of the	43157
association;	43158

(10) A representative of the American association of retired	43159
persons, appointed by the governing body of the association;	43160

(11) A representative of facility residents and families of	43161
facility residents, appointed by the board of nursing;	43162

(12) A representative of the senior care pharmacy alliance,	43163
appointed by the governing body of the alliance;	43164

(13) A representative of nurse aides, as defined in section	43165
3721.21 of the Revised Code, appointed by the director of health;	43166

(14) A representative of the department of health with	43167
expertise in competency evaluation programs, as defined in section	43168
3721.21 of the Revised Code, appointed by the director of health;	43169

(15) A representative of the office of the state long-term	43170
care ombudsperson program, appointed by the state long-term care	43171
ombudsperson;	43172

(16) A representative of the department of job and family	43173
services, appointed by the director of job and family services.	43174

(B) Members of the council shall serve at the pleasure of	43175
their appointing authorities. Vacancies shall be filled in the	43176
manner provided for original appointments.	43177

(C) Members shall receive no compensation for their service	43178
on the council, except to the extent that serving on the council	43179
is part of their regular duties of employment.	43180

(D) The board of nursing shall appoint one of its members or	43181
a representative of the board to serve as the council's	43182
chairperson.	43183

Sec. 4723.621. The medication aide advisory council created	43184
under section 4723.62 of the Revised Code shall make	43185
recommendations to the board of nursing with respect to all of the	43186
following:	43187

(A) The design and operation of the medication aide pilot	43188
program conducted under section 4723.63 of the Revised Code,	43189
including a method of collecting data through reports submitted by	43190
participating nursing homes and residential care facilities;	43191

(B) The content of the course of instruction required to	43192
obtain certification as a medication aide, including the	43193
examination to be used to evaluate the ability to administer	43194
prescription medications safely and the score that must be	43195
attained to pass the examination;	43196

(C) Whether medication aides may administer prescription	43197
medications through a gastrostomy or jejunostomy tube and the	43198
amount and type of training a medication aide needs to be	43199
adequately prepared to administer prescription medications through	43200
a gastrostomy or jejunostomy tube;	43201

(D) Protection of the health and welfare of the residents of	43202
nursing homes and residential care facilities participating in the	43203
pilot program and using medication aides pursuant to section	43204
4723.64 of the Revised Code on or after July 1, 2007;	43205

(E) The board's adoption of rules under section 4723.69 of	43206
the Revised Code;	43207

(F) Any other issue the council considers relevant to the use	43208
of medication aides in nursing homes and residential care	43209
facilities.	43210

Sec. 4723.63. (A) In consultation with the medication aide	43211
advisory council established under section 4723.62 of the Revised	43212
Code, the board of nursing shall conduct a pilot program for the	43213
use of medication aides in nursing homes and residential care	43214
facilities. The board shall conduct the pilot program in a manner	43215
consistent with human protection and other ethical concerns	43216
typically associated with research studies involving live	43217
subjects.	43218

The pilot program shall be commenced not later than August 1,	43219
2006, and shall be conducted until July 1, 2007. During this	43220
period, a nursing home or residential care facility participating	43221
in the pilot program may use one or more medication aides to	43222
administer prescription medications to its residents. To be used	43223
as a medication aide, an individual must hold certification from	43224
the board pursuant to section 4723.65 of the Revised Code.	43225

(B) The board, in consultation with the medication aide	43226
advisory council, shall do all of the following:	43227

(1) Design the pilot program;

43228

(2) Establish standards to govern medication aides and the	43229
nursing homes and residential care facilities participating in the	43230
pilot program, including standards for the training of medication	43231
aides and the staff of participating nursing homes and residential	43232
care facilities;	43233

(3) Establish standards to protect the health and safety of	43234
the residents of the nursing homes and residential care facilities	43235
participating in the program;	43236

(4) Select the nursing homes and residential care facilities	43237
to participate in the program.	43238

(C)(1) A nursing home or residential care facility may	43239
volunteer to participate in the pilot program by submitting an	43240
application to the board on a form prescribed and provided by the	43241
board. From among the applicants, the board shall select eighty	43242
nursing homes and forty residential care facilities to participate	43243
in the pilot program.	43244

(2) To be eligible to participate, a nursing home or	43245
residential care facility shall agree to observe the standards	43246
established by the board for the use of medication aides. A	43247
nursing home is eligible to participate only if the department of	43248
health has found in the two most recent surveys or inspections of	43249
the home that the home is free from deficiencies related to the	43250
administration of medication. A residential care facility is	43251
eligible to participate only if the department has found that the	43252
facility is free from deficiencies related to the provision of	43253
skilled nursing care or the administration of medication.	43254

(D) As a condition of participation in the pilot program, a	43255
nursing home and residential care facility selected by the board	43256
shall pay the participation fee established in rules adopted under	43257
section 4723.69 of the Revised Code. The participation fee is not	43258
reimbursable under the medicaid program established under Chapter	43259
5111. of the Revised Code.	43260

(E) On receipt of evidence found credible by the board that	43261
continued participation by a nursing home or residential care	43262
facility poses an imminent danger, risk of serious harm, or	43263
jeopardy to a resident of the home or facility, the board may	43264
terminate the authority of the home or facility to participate in	43265
the pilot program.	43266

(F)(1) With the assistance of the medication aide advisory	43267
council, the board shall conduct an evaluation of the pilot	43268
program. In conducting the evaluation, the board shall do all of	43269
the following:	43270

(a) Assess whether medication aides are able to administer	43271
prescription medications safely to nursing home and residential	43272
care facility residents;	43273

(b) Determine the financial implications of using medication	43274
aides in nursing homes and residential care facilities;	43275

(c) Consider any other issue the board or council considers	43276
relevant to the evaluation.	43277

(2) Not later than March 1, 2007, the board shall prepare a	43278
report of its findings and recommendations derived from the	43279
evaluation of the pilot program. The board shall submit the report	43280
to the governor, president and minority leader of the senate,	43281
speaker and minority leader of the house of representatives, and	43282
director of health.	43283

Sec. 4723.64. On and after July 1, 2007, any nursing home or	43284
residential care facility may utilize one or more medication aides	43285
to administer prescription medications to its residents. To be	43286
used as a medication aide, an individual must hold certification	43287
from the board of nursing pursuant to section 4723.65 of the	43288
Revised Code.	43289

Sec. 4723.65. (A) An individual seeking certification as a	43290
medication aide shall apply to the board of nursing on a form	43291
prescribed and provided by the board. If the application is	43292
submitted on or after July 1, 2007, the application shall be	43293
accompanied by the certification fee established in rules adopted	43294
under section 4723.69 of the Revised Code.	43295

(B) The board shall issue a medication aide certificate to an	43296
applicant if the applicant satisfies all of the following	43297
requirements:	43298

(1) Is at least eighteen years of age;

43299

(2) Has a high school diploma or a high school equivalence	43300
diploma as defined in section 5107.40 of the Revised Code;	43301

(3) If the applicant is to practice as a medication aide in a	43302
nursing home, is a nurse aide who satisfies the requirements of	43303
division (A)(1), (2), (3), (4), (5), (6), or (8) of section	43304
3721.32 of the Revised Code;	43305

(4) If the applicant is to practice as a medication aide in a	43306
residential care facility, is a nurse aide who satisfies the	43307
requirements of division (A)(1), (2), (3), (4), (5), (6), or (8)	43308
of section 3721.32 of the Revised Code or an individual who has at	43309
least one year of direct care experience in a residential care	43310
facility;	43311

(5) Successfully completes the course of instruction provided	43312
by a training program approved by the board under section 4723.66	43313
of the Revised Code;	43314

(6) Satisfies all other requirements for a medication aide	43315
certificate established in rules adopted under section 4723.69 of	43316
the Revised Code.	43317

(C) If a medication aide certificate is issued to an	43318
individual on the basis of having at least one year of direct care	43319
experience working in a residential care facility, as provided in	43320
division (B)(4) of this section, the certificate is valid for use	43321
only in a residential care facility. The board shall state the	43322
limitation on the certificate issued to the individual.	43323

(D) A medication aide certificate is valid for two years,	43324
unless earlier suspended or revoked. The certificate may be	43325
renewed in accordance with procedures specified by the board in	43326
rules adopted under section 4723.69 of the Revised Code. To be	43327
eligible for renewal, an applicant shall pay the renewal fee	43328
established in the rules and meet all renewal qualifications	43329
specified in the rules.	43330

(E) The board may deny, suspend, or revoke a medication aide	43331
certificate for reasons specified in rules adopted under section	43332
4723.69 of the Revised Code. All actions taken by the board to	43333
deny, suspend, or revoke a certificate shall be taken in	43334
accordance with Chapter 119. of the Revised Code.	43335

Sec. 4723.66. (A) A person or government entity seeking	43336
approval to provide a medication aide training program shall apply	43337
to the board of nursing on a form prescribed and provided by the	43338
board. If the application is submitted on or after July 1, 2007,	43339
the application shall be accompanied by the fee established in	43340
rules adopted under section 4723.69 of the Revised Code.	43341

(B) The board shall approve the applicant to provide a	43342
medication aide training program if the content of the course of	43343
instruction to be provided by the program meets the standards	43344
specified by the board in rules adopted under section 4723.69 of	43345
the Revised Code and includes all of the following:	43346

(1) At least seventy clock-hours of instruction, including	43347
both classroom instruction on medication administration and at	43348
least twenty clock-hours of supervised clinical practice in	43349
medication administration;	43350

(2) A mechanism for evaluating whether an individual's	43351
reading, writing, and mathematical skills are sufficient for the	43352
individual to be able to administer prescription medications	43353
safely;	43354

(3) An examination that tests the ability to administer	43355
prescription medications safely and that meets the requirements	43356
established by the board in rules adopted under section 4723.69 of	43357
the Revised Code.	43358

(C) The board may deny, suspend, or revoke the approval	43359
granted to the provider of a medication aide training program for	43360
reasons specified in rules adopted under section 4723.69 of the	43361
Revised Code. All actions taken by the board to deny, suspend, or	43362
revoke the approval of a training program shall be taken in	43363
accordance with Chapter 119. of the Revised Code.	43364

Sec. 4723.67. (A) Except for the prescription medications	43365
specified in division (C) of this section and the methods of	43366
medication administration specified in division (D) of this	43367
section, a medication aide who holds a certificate issued under	43368
section 4723.65 of the Revised Code may administer prescription	43369
medications to the residents of nursing homes and residential care	43370
facilities that use medication aides pursuant to section 4723.63	43371
or 4723.64 of the Revised Code. A medication aide shall administer	43372
prescription medications only pursuant to the delegation of a	43373
registered nurse or a licensed practical nurse acting at the	43374
direction of a registered nurse.	43375

Delegation of medication administration to a medication aide	43376
shall be carried out in accordance with the rules for nursing	43377
delegation adopted under this chapter by the board of nursing. A	43378
nurse who has delegated to a medication aide responsibility for	43379
the administration of prescription medications to the residents of	43380
a nursing home or residential care facility shall not withdraw the	43381
delegation on an arbitrary basis or for any purpose other than	43382
patient safety.	43383

(B) In exercising the authority to administer prescription	43384
medications pursuant to nursing delegation, a medication aide may	43385
administer prescription medications in any of the following	43386
categories:	43387

(1) Oral medications;

43388

(2) Topical medications;

43389

(3) Medications administered as drops to the eye, ear, or	43390
nose;	43391

(4) Rectal and vaginal medications;

43392

(5) Medications prescribed with a designation authorizing or	43393
requiring administration on an as-needed basis, but only if a	43394
nursing assessment of the patient is completed before the	43395
medication is administered.	43396

(C) A medication aide shall not administer prescription	43397
medications in either of the following categories:	43398

(1) Medications containing a schedule II controlled	43399
substance, as defined in section 3719.01 of the Revised Code;	43400

(2) Medications requiring dosage calculations.

43401

(D) A certified medication aide shall not administer	43402
prescription medications by any of the following methods:	43403

(1) Injection;

43404

(2) Intravenous therapy procedures;

43405

(3) Splitting pills for purposes of changing the dose being	43406
given.	43407

Sec. 4723.68. A person employed by a nursing home or	43408
residential care facility that uses medication aides certified	43409
under this chapter who reports in good faith a medication error at	43410
the nursing home or residential care facility is not subject to	43411
disciplinary action by the board of nursing or any other	43412
government entity regulating that person's professional practice	43413
and is not liable in damages to any person or government entity in	43414
a civil action for injury, death, or loss to person or property	43415
resulting from reporting the medication error.	43416

Sec. 4723.69. (A) In consultation with the medication aide	43417
advisory council created under section 4723.62 of the Revised	43418
Code, the board of nursing shall adopt rules to implement sections	43419
4723.61 to 4723.68 of the Revised Code. All rules adopted under	43420
this section shall be adopted in accordance with Chapter 119. of	43421
the Revised Code.	43422

(B) The rules adopted under this section shall establish or	43423
specify all of the following:	43424

(1) Fees, in an amount sufficient to cover the costs the	43425
board incurs in implementing sections 4723.61 to 4723.68 of the	43426
Revised Code, for participation in the medication aide pilot	43427
program, certification as a medication aide, and approval of a	43428
medication aide training program;	43429

(2) Requirements to obtain a medication aide certificate that	43430
are not otherwise specified in section 4723.65 of the Revised	43431
Code;	43432

(3) Procedures for renewal of medication aide certificates;

43433

(4) Standards for medication aide training programs,	43434
including the examination to be administered by the training	43435
program to test an individual's ability to administer prescription	43436
medications safely;	43437

(5) Reasons for denying, revoking, or suspending a medication	43438
aide certificate or approval of a medication aide training	43439
program;	43440

(6) Other standards and procedures the board considers	43441
necessary to implement sections 4723.61 to 4723.68 of the Revised	43442
Code.	43443

~~Sec. 4723.63.~~ Sec. 4723.91. On receipt of a notice pursuant to	43444
section 3123.43 of the Revised Code, the board of nursing shall	43445
comply with sections 3123.41 to 3123.50 of the Revised Code and	43446
any applicable rules adopted under section 3123.63 of the Revised	43447
Code with respect to a nursing license, medication aide	43448
certificate, dialysis technician certificate, or community health	43449
worker certificate issued pursuant to this chapter.	43450

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	43451
Revised Code:	43452

(A)(1) "Clinical laboratory services" means either of the	43453
following:	43454

(a) Any examination of materials derived from the human body	43455
for the purpose of providing information for the diagnosis,	43456
prevention, or treatment of any disease or impairment or for the	43457
assessment of health;	43458

(b) Procedures to determine, measure, or otherwise describe	43459
the presence or absence of various substances or organisms in the	43460
body.	43461

(2) "Clinical laboratory services" does not include the mere	43462
collection or preparation of specimens.	43463

(B) "Designated health services" means any of the following:

43464

(1) Clinical laboratory services;

43465

(2) Home health care services;

43466

(3) Outpatient prescription drugs.

43467

(C) "Fair market value" means the value in arms-length	43468
transactions, consistent with general market value and:	43469

(1) With respect to rentals or leases, the value of rental	43470
property for general commercial purposes, not taking into account	43471
its intended use;	43472

(2) With respect to a lease of space, not adjusted to reflect	43473
the additional value the prospective lessee or lessor would	43474
attribute to the proximity or convenience to the lessor if the	43475
lessor is a potential source of referrals to the lessee.	43476

(D) "Governmental health care program" means any program	43477
providing health care benefits that is administered by the federal	43478
government, this state, or a political subdivision of this state,	43479
including the medicare program established under Title XVIII of	43480
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	43481
as amended, health care coverage for public employees, health care	43482
benefits administered by the bureau of workers' compensation, or	43483
the medical assistance program established under Chapter 5111. of	43484
the Revised Code~~, and the disability medical assistance program~~	43485
~~established under Chapter 5115. of the Revised Code~~.	43486

(E)(1) "Group practice" means a group of two or more holders	43487
of certificates under this chapter legally organized as a	43488
partnership, professional corporation or association, limited	43489
liability company, foundation, nonprofit corporation, faculty	43490
practice plan, or similar group practice entity, including an	43491
organization comprised of a nonprofit medical clinic that	43492
contracts with a professional corporation or association of	43493
physicians to provide medical services exclusively to patients of	43494
the clinic in order to comply with section 1701.03 of the Revised	43495
Code and including a corporation, limited liability company,	43496
partnership, or professional association described in division (B)	43497
of section 4731.226 of the Revised Code formed for the purpose of	43498
providing a combination of the professional services of	43499
optometrists who are licensed, certificated, or otherwise legally	43500
authorized to practice optometry under Chapter 4725. of the	43501
Revised Code, chiropractors who are licensed, certificated, or	43502
otherwise legally authorized to practice chiropractic under	43503
Chapter 4734. of the Revised Code, psychologists who are licensed,	43504
certificated, or otherwise legally authorized to practice	43505
psychology under Chapter 4732. of the Revised Code, registered or	43506
licensed practical nurses who are licensed, certificated, or	43507
otherwise legally authorized to practice nursing under Chapter	43508
4723. of the Revised Code, pharmacists who are licensed,	43509
certificated, or otherwise legally authorized to practice pharmacy	43510
under Chapter 4729. of the Revised Code, physical therapists who	43511
are licensed, certificated, or otherwise legally authorized to	43512
practice physical therapy under sections 4755.40 to 4755.53 of the	43513
Revised Code, mechanotherapists who are licensed, certificated, or	43514
otherwise legally authorized to practice mechanotherapy under	43515
section 4731.151 of the Revised Code, and doctors of medicine and	43516
surgery, osteopathic medicine and surgery, or podiatric medicine	43517
and surgery who are licensed, certificated, or otherwise legally	43518
authorized for their respective practices under this chapter, to	43519
which all of the following apply:	43520

(a) Each physician who is a member of the group practice	43521
provides substantially the full range of services that the	43522
physician routinely provides, including medical care,	43523
consultation, diagnosis, or treatment, through the joint use of	43524
shared office space, facilities, equipment, and personnel.	43525

(b) Substantially all of the services of the members of the	43526
group are provided through the group and are billed in the name of	43527
the group and amounts so received are treated as receipts of the	43528
group.	43529

(c) The overhead expenses of and the income from the practice	43530
are distributed in accordance with methods previously determined	43531
by members of the group.	43532

(d) The group practice meets any other requirements that the	43533
state medical board applies in rules adopted under section 4731.70	43534
of the Revised Code.	43535

(2) In the case of a faculty practice plan associated with a	43536
hospital with a medical residency training program in which	43537
physician members may provide a variety of specialty services and	43538
provide professional services both within and outside the group,	43539
as well as perform other tasks such as research, the criteria in	43540
division (E)(1) of this section apply only with respect to	43541
services rendered within the faculty practice plan.	43542

(F) "Home health care services" and "immediate family" have	43543
the same meanings as in the rules adopted under section 4731.70 of	43544
the Revised Code.	43545

(G) "Hospital" has the same meaning as in section 3727.01 of	43546
the Revised Code.	43547

(H) A "referral" includes both of the following:

43548

(1) A request by a holder of a certificate under this chapter	43549
for an item or service, including a request for a consultation	43550
with another physician and any test or procedure ordered by or to	43551
be performed by or under the supervision of the other physician;	43552

(2) A request for or establishment of a plan of care by a	43553
certificate holder that includes the provision of designated	43554
health services.	43555

(I) "Third-party payer" has the same meaning as in section	43556
3901.38 of the Revised Code.	43557

Sec. 4731.71. The auditor of state may implement procedures	43558
to detect violations of section 4731.66 or 4731.69 of the Revised	43559
Code within governmental health care programs administered by the	43560
state. The auditor of state shall report any violation of either	43561
section to the state medical board and shall certify to the	43562
attorney general in accordance with section 131.02 of the Revised	43563
Code the amount of any refund owed to a state-administered	43564
governmental health care program under section 4731.69 of the	43565
Revised Code as a result of a violation. If a refund is owed to	43566
the medical assistance program established under Chapter 5111. of	43567
the Revised Code ~~or the disability medical assistance program~~	43568
~~established under Chapter 5115. of the Revised Code~~, the auditor	43569
of state also shall report the amount to the department of	43570
commerce.	43571

The state medical board also may implement procedures to	43572
detect violations of section 4731.66 or 4731.69 of the Revised	43573
Code.	43574

Sec. 4736.11. The state board of sanitarian registration	43575
shall issue a certificate of registration to any applicant whom it	43576
registers as a sanitarian or a sanitarian-in-training. Such	43577
certificate shall bear:	43578

(A) The name of the person;

43579

(B) The date of issue;

43580

43581

(D) The seal of the board and signature of the ~~chairman~~	43582
chairperson of the board;	43583

(E) The designation "registered sanitarian" or	43584
"sanitarian-in-training."	43585

Certificates of registration shall expire annually on the	43586
date fixed by the board and become invalid on that date unless	43587
renewed pursuant to this section. All registered sanitarians shall	43588
be required annually to complete a continuing education program in	43589
subjects relating to practices of the profession as a sanitarian	43590
to the end that the utilization and application of new techniques,	43591
scientific advancements, and research findings will assure	43592
comprehensive service to the public. The board shall prescribe by	43593
rule a continuing education program for registered sanitarians to	43594
meet this requirement. The length of study for this program shall	43595
be determined by the board but shall be not less than six nor more	43596
than twenty-five hours during the calendar year. At least once	43597
annually the board shall ~~mail~~provide to each registered	43598
sanitarian a list of courses approved by the board as satisfying	43599
the program prescribed by rule. Upon the request of a registered	43600
sanitarian, the secretary shall supply a list of ~~any additional~~	43601
applicable courses that the board has approved ~~since the most~~	43602
~~recent mailing~~. A certificate may be renewed for a period of one	43603
year at any time prior to the date of expiration upon payment of	43604
the renewal fee prescribed by section 4736.12 of the Revised Code	43605
and upon showing proof of having complied with the continuing	43606
education requirements of this section. The state board of	43607
sanitarian registration may waive the continuing education	43608
requirement in cases of certified illness or disability which	43609
prevents the attendance at any qualified educational seminars	43610
during the twelve months immediately preceding the annual	43611
certificate of registration renewal date. Certificates which	43612
expire may be reinstated under rules adopted by the board.	43613

Sec. 4736.12. (A) The state board of sanitarian registration	43614
shall charge the following fees:	43615

(1) To apply as a sanitarian-in-training, ~~seventy-five~~eighty	43616
dollars;	43617

(2) For sanitarians-in-training to apply for registration as	43618
sanitarians, ~~seventy-five~~eighty dollars. The applicant shall pay	43619
this fee only once regardless of the number of times the applicant	43620
takes an examination required under section 4736.08 of the Revised	43621
Code.	43622

(3) For persons other than sanitarians-in-training to apply	43623
for registration as sanitarians, including persons meeting the	43624
requirements of section 4736.16 of the Revised Code, one hundred	43625
~~fifty~~sixty dollars. The applicant shall pay this fee only once	43626
regardless of the number of times the applicant takes an	43627
examination required under section 4736.08 of the Revised Code.	43628

(4) The renewal fee for registered sanitarians shall be	43629
~~sixty-nine~~seventy-four dollars.	43630

(5) The renewal fee for sanitarians-in-training shall be	43631
~~sixty-nine~~seventy-four dollars.	43632

(6) For late application for renewal, ~~twenty-five~~	43633
twenty-seven dollars.	43634

The board of sanitarian registration, with the approval of	43635
the controlling board, may establish fees in excess of the amounts	43636
provided in this section, provided that such fees do not exceed	43637
the amounts permitted by this section by more than fifty per cent.	43638

(B) The board of sanitarian registration shall charge	43639
separate fees for examinations as required by section 4736.08 of	43640
the Revised Code, provided that the fees are not in excess of the	43641
actual cost to the board of conducting the examinations.	43642

(C) The board of sanitarian registration may adopt rules	43643
establishing fees for all of the following:	43644

(1) Application for the registration of a training agency	43645
approved under rules adopted by the board pursuant to section	43646
4736.11 of the Revised Code and for the annual registration	43647
renewal of an approved training agency.	43648

(2) Application for the review of continuing education hours	43649
submitted for the board's approval by approved training agencies	43650
or by registered sanitarians or sanitarians-in-training.	43651

Sec. 4740.14. (A) There is hereby created within the	43652
department of commerce the residential construction advisory	43653
committee consisting of ~~eight~~nine persons the director of	43654
commerce appoints. Of the advisory committee's members, three	43655
shall be general contractors who have recognized ability and	43656
experience in the construction of residential buildings, two shall	43657
be building officials who have experience administering and	43658
enforcing a residential building code, one, chosen from a list of	43659
three names the Ohio fire chief's association submits, shall be	43660
from the fire service certified as a fire safety inspector who has	43661
at least ten years of experience enforcing fire or building codes,	43662
one shall be a residential contractor who has recognized ability	43663
and experience in the remodeling and construction of residential	43664
buildings, ~~and~~ one shall be an architect registered pursuant to	43665
Chapter 4703. of the Revised Code, with recognized ability and	43666
experience in the architecture of residential buildings, and one,	43667
chosen from a list of three names the Ohio municipal league	43668
submits to the director, shall be a mayor of a municipal	43669
corporation in which the Ohio residential building code is being	43670
enforced in the municipal corporation by a certified building	43671
department.	43672

(B) The director shall make appointments to the advisory	43673
committee within ninety days after ~~the effective date of this~~	43674
~~section~~May 27, 2005. Terms of office shall be for three years,	43675
with each term ending on the date three years after the date of	43676
appointment. Each member shall hold office from the date of	43677
appointment until the end of the term for which the member was	43678
appointed. The director shall fill a vacancy in the manner	43679
provided for initial appointments. Any member appointed to fill a	43680
vacancy in an unexpired term shall hold office for the remainder	43681
of that term.	43682

43683

(1) Recommend to the board of building standards a building	43684
code for residential buildings. The committee shall recommend a	43685
code that it models on a residential building code a national	43686
model code organization issues, with adaptations necessary to	43687
implement the code in this state. If the board of building	43688
standards decides not to adopt a code the committee recommends,	43689
the committee shall revise the code and resubmit it until the	43690
board adopts a code the committee recommends as the state	43691
residential building code;	43692

(2) Advise the board regarding the establishment of standards	43693
for certification of building officials who enforce the state	43694
residential building code;	43695

(3) Assist the board in providing information and guidance to	43696
residential contractors and building officials who enforce the	43697
state residential building code;	43698

(4) Advise the board regarding the interpretation of the	43699
state residential building code;	43700

(5) Provide other assistance the committee considers	43701
necessary.	43702

(D) In making its recommendation to the board pursuant to	43703
division (C)(1) of this section, the advisory committee shall	43704
consider all of the following:	43705

(1) The impact that the state residential building code may	43706
have upon the health, safety, and welfare of the public;	43707

(2) The economic reasonableness of the residential building	43708
code;	43709

(3) The technical feasibility of the residential building	43710
code;	43711

(4) The financial impact that the residential building code	43712
may have on the public's ability to purchase affordable housing.	43713

(E) Members of the advisory committee shall receive no salary	43714
for the performance of their duties as members, but shall receive	43715
their actual and necessary expenses incurred in the performance of	43716
their duties as members of the advisory committee and shall	43717
receive a per diem for each day in attendance at an official	43718
meeting of the committee, to be paid from the industrial	43719
compliance operating fund in the state treasury, using fees	43720
collected in connection with residential buildings pursuant to	43721
division (F)(2) of section 3781.102 of the Revised Code and	43722
deposited in that fund.	43723

(F) The advisory committee is not subject to divisions (A)	43724
and (B) of section 101.84 of the Revised Code.	43725

Sec. 4753.03. There is hereby created the board of	43726
speech-language pathology and audiology consisting of eight	43727
residents of this state to be appointed by the governor with the	43728
advice and consent of the senate. Three members of the board shall	43729
be licensed speech-language pathologists, and three members shall	43730
be licensed audiologists, who have been licensed and engaged in	43731
the practice, teaching, administration, or research in the area of	43732
appointment for at least five years prior to the dates of their	43733
appointment. Beginning with the first appointment of an	43734
audiologist to the board after ~~the effective date of this~~	43735
~~amendment~~November 5, 1992, at all times one of the audiologists	43736
serving on the board must be an audiologist engaged in the	43737
practice of fitting and dispensing hearing aids. At all times, two	43738
members shall be representatives of the general public, and	43739
neither shall be a speech-language pathologist or audiologist or a	43740
person licensed under this chapter. At least one of the members	43741
representing the general public shall be at least sixty years of	43742
age. ~~Any speech-language pathologists and audiologists among the~~	43743
~~initial appointees shall have at least a bachelor's degree in~~	43744
~~speech-language pathology or audiology and shall meet the~~	43745
~~standards for licensure, other than examination, established by~~	43746
~~section 4753.06 or 4753.08 of the Revised Code. Any~~	43747
~~speech-language pathologist or audiologist appointed to the board~~	43748
~~after the effective date of this amendment, must hold a master's~~	43749
~~or doctorate degree.~~	43750

Terms of office shall be for three years, each term	43751
commencing on the twenty-seventh day of September and ending on	43752
the twenty-sixth day of September. Each member shall hold office	43753
from the date of ~~his~~ appointment until the end of the term for	43754
which ~~he was~~ appointed. Any member appointed to fill a vacancy	43755
occurring prior to the expiration of the term for which ~~his~~the	43756
member's predecessor was appointed shall hold office for the	43757
remainder of such term. Any member shall continue in office	43758
subsequent to the expiration date of ~~his~~the member's term until	43759
~~his~~the member's successor takes office, or until a period of	43760
sixty days has elapsed, whichever occurs first. No person shall be	43761
appointed to serve consecutively more than two full terms. The	43762
executive council of the Ohio speech and hearing association may	43763
recommend, within forty-five days after any vacancy or expiration	43764
of a member's term occurs, no more than three persons to fill each	43765
position or vacancy on the board, and the governor may make ~~his~~	43766
the appointment from the persons so recommended. If the council	43767
fails to make recommendations within the required time, the	43768
governor shall make the appointment without its recommendations.	43769

The terms of all speech-language pathology members shall not	43770
end in the same year; the terms of all audiology members shall not	43771
end in the same year. Upon the first appointment following ~~the~~	43772
~~effective date of this amendment~~November 5, 1992, the governor	43773
shall appoint speech-language pathology members and audiology	43774
members to one-, two-, or three-year terms to prevent the terms of	43775
all speech-language pathology members or all audiology members	43776
from ending in the same year. Thereafter, all terms shall be for	43777
three years.	43778

Sec. 4753.06. No person is eligible for licensure as a	43779
speech-language pathologist or audiologist unless:	43780

(A) HeThe person has obtained a broad general education to	43781
serve as a background for ~~his~~the person's specialized academic	43782
training and preparatory professional experience. Such background	43783
may include study from among the areas of human psychology,	43784
sociology, psychological and physical development, the physical	43785
sciences, especially those that pertain to acoustic and biological	43786
phenomena, and human anatomy and physiology, including	43787
neuroanatomy and neurophysiology.	43788

(B) HeIf the person seeks licensure as a speech-language	43789
pathologist, the person submits to the board of speech-language	43790
pathology and audiology an official transcript demonstrating that	43791
hethe person has at least a master's degree in ~~the area in which~~	43792
~~licensure is sought~~speech-language pathology or the equivalent as	43793
determined by the board. ~~His~~The person's academic credit must	43794
include course work accumulated in the completion of a	43795
well-integrated course of study approved by the board and	43796
delineated by rule dealing with the normal aspects of human	43797
communication, development and disorders thereof, and clinical	43798
techniques for the evaluation and the improvement or eradication	43799
of such disorders. The course work must have been completed at	43800
colleges or universities accredited by regional or national	43801
accrediting organizations recognized by the board.	43802

(C) HeIf the person seeks licensure as an audiologist, the	43803
person submits to the board an official transcript demonstrating	43804
that the person has at least a doctor of audiology degree or the	43805
equivalent as determined by the board. The person's academic	43806
credit must include course work accumulated in the completion of a	43807
well-integrated course of study approved by the board and	43808
delineated by rules dealing with the normal aspects of human	43809
hearing, balance, and related development and clinical evaluation,	43810
audiologic diagnosis, and treatment of disorders of human hearing,	43811
balance, and related development. The course work must have been	43812
completed in an audiology program that is accredited by an	43813
organization recognized by the United States department of	43814
education and operated by a college or university accredited by a	43815
regional or national accrediting organization recognized by the	43816
board.	43817

(D) The person submits to the board evidence of the	43818
completion of appropriate, supervised clinical experience in the	43819
professional area, speech-language pathology or audiology, for	43820
which licensure is requested, dealing with a variety of	43821
communication disorders. The appropriateness of the experience	43822
shall be determined under rules of the board. This experience	43823
shall have been obtained in an accredited college or university,	43824
in a cooperating program of an accredited college or university,	43825
or in another program approved by the board.	43826

~~(D) He~~(E) The person submits to the board evidence that the	43827
person has passed the examination for licensure to practice	43828
speech-language pathology or audiology pursuant to division (B) of	43829
section 4753.05 of the Revised Code.	43830

(F) If the person submits to the board an application for	43831
licensure as an audiologist before January 1, 2006, and meets the	43832
requirements of division (B) of this section regarding a master's	43833
degree in audiology as that division existed on December 31, 2005,	43834
but not the requirements of division (C) of this section regarding	43835
a doctor of audiology degree or if the person seeks licensure as a	43836
speech-language pathologist, the person presents to the board	43837
written evidence that hethe person has obtained professional	43838
experience. The professional experience shall be appropriately	43839
supervised as determined by board rule. The amount of professional	43840
experience shall be determined by board rule and shall be bona	43841
fide clinical work that has been accomplished in the major	43842
professional area, speech-language pathology or audiology, in	43843
which licensure is being sought. ~~This~~If the person seeks	43844
licensure as a speech-language pathologist, this experience shall	43845
not begin until the requirements of divisions (B) ~~and (C)~~, (D),	43846
and (E) of this section have been completed unless approved by the	43847
board. If the person seeks licensure as an audiologist, this	43848
experience shall not begin until the requirements of division (B)	43849
of this section, as that division existed on December 31, 2005,	43850
and divisions (D) and (E) of this section have been completed	43851
unless approved by the board. Before beginning the supervised	43852
professional experience pursuant to this section, ~~any~~the	43853
applicant for licensure to practice speech-language pathology or	43854
audiology shall ~~meet the requirements for~~obtain a conditional	43855
license pursuant to section 4753.071 of the Revised Code.	43856

~~(E) He submits to the board evidence that he has passed the~~	43857
~~examination for licensure to practice speech-language pathology or~~	43858
~~audiology pursuant to division (B) of section 4753.05 of the~~	43859
~~Revised Code.~~	43860

Sec. 4753.071. A person who is required to meet the	43861
supervised professional experience requirement of division (F) of	43862
section 4753.06 of the Revised Code shall submit to the board of	43863
speech-language pathology and audiology an application for a	43864
conditional license. The application shall include a plan for the	43865
content of the supervised professional experience on a form the	43866
board shall prescribe. The board ~~of speech-language pathology and~~	43867
~~audiology~~ shall issue athe conditional license to anthe	43868
applicant ~~who, except for the supervised professional experience:~~	43869

~~(A) Meets~~if the applicant meets the ~~academic, practicum, and~~	43870
~~examination~~ requirements of ~~divisions (B), (C), and (E) of~~ section	43871
4753.06 of the Revised Code;	43872

~~(B) Submits an application to the board, including a plan for~~	43873
~~the content of the supervised professional experience on a form~~	43874
~~prescribed by the board~~, other than the requirement to have	43875
obtained the supervised professional experience, and pays to the	43876
board the appropriate fee for a conditional license. An applicant	43877
may not begin employment until the conditional license has been	43878
~~approved~~issued.	43879

A conditional license authorizes an individual to practice	43880
speech-language pathology or audiology while completing the	43881
supervised professional experience as required by division ~~(D)~~(F)	43882
of section 4753.06 of the Revised Code. A person holding a	43883
conditional license may practice speech-language pathology or	43884
audiology while working under the supervision of a person fully	43885
licensed in accordance with this chapter. A conditional license is	43886
valid for eighteen months unless suspended or revoked pursuant to	43887
section 3123.47 or 4753.10 of the Revised Code.	43888

A person holding a conditional license may perform services	43889
for which reimbursement will be sought under the medicare program	43890
established under Title XVIII of the "Social Security Act," 4979	43891
Stat. ~~620~~286 (~~1935~~1965), 42 U.S.C. ~~301~~1395, as amended, or the	43892
~~medical assistance~~medicaid program established under Chapter	43893
5111. of the Revised Code ~~and Title XIX of the "Social Security~~	43894
~~Act"~~ but all requests for reimbursement for such services shall be	43895
made by the person who supervises the person performing the	43896
services.	43897

Sec. 4753.08. The board of speech-language pathology and	43898
audiology shall waive the examination, educational, and	43899
professional experience requirements for any applicant who meets	43900
any of the following requirements:	43901

(A) On September 26, 1975, has at least a bachelor's degree	43902
with a major in speech-language pathology or audiology from an	43903
accredited college or university, or who has been employed as a	43904
speech-language pathologist or audiologist for at least nine	43905
months at any time within the three years prior to September 26,	43906
1975, if an application providing bona fide proof of such degree	43907
or employment is filed with the board within one year after	43908
September 26, 1975, and is accompanied by the application fee as	43909
prescribed in division (A) of section 4753.11 of the Revised Code;	43910

(B) Presents proof of current certification or licensure in	43911
good standing in the area in which licensure is sought in a state	43912
~~which~~that has standards at least equal to ~~those~~the standards for	43913
licensure that are in effect in this state at the time the	43914
applicant applies for the license;	43915

43916

(1) Having current certification or licensure in good	43917
standing in audiology in a state that has standards at least equal	43918
to the standards for licensure as an audiologist that were in	43919
effect in this state on December 31, 2005;	43920

(2) Having first obtained that certification or licensure not	43921
later than December 31, 2007.	43922

(D) Presents proof of a current certificate of clinical	43923
competence in speech-language pathology or audiology that is in	43924
good standing and received from the American	43925
speech-language-hearing association in the area in which licensure	43926
is sought.	43927

Sec. 4753.09. Except as provided in this section and in	43928
section 4753.10 of the Revised Code, a license issued by the board	43929
of speech-language pathology and audiology shall be renewed	43930
biennially in accordance with the standard renewal procedure	43931
contained in Chapter 4745. of the Revised Code. If the application	43932
for renewal is made ~~after~~ one year or longer after the renewal	43933
application is due, the person shall apply for licensure as	43934
provided in section 4753.06 or division (B) or, (C), or (D) of	43935
section 4753.08 of the Revised Code. The board shall not renew a	43936
conditional license; however, the board may grant an applicant a	43937
second conditional license.	43938

The board shall establish by rule adopted pursuant to Chapter	43939
119. of the Revised Code the qualifications for license renewal.	43940
Applicants shall demonstrate continued competence, which may	43941
include continuing education, examination, self-evaluation, peer	43942
review, performance appraisal, or practical simulation. The board	43943
may establish other requirements as a condition for license	43944
renewal as considered appropriate by the board.	43945

The board may renew a license which expires while the license	43946
is suspended, but the renewal shall not affect the suspension. The	43947
board shall not renew a license which has been revoked. If a	43948
revoked license is reinstated under section 4753.10 of the Revised	43949
Code after it has expired, the licensee, as a condition of	43950
reinstatement, shall pay a reinstatement fee in the amount equal	43951
to the renewal fee in effect on the last preceding regular renewal	43952
date on which it is reinstated, plus any delinquent fees accrued	43953
from the time of the revocation, if such a fee is prescribed by	43954
the board by rule. ~~A license shall not be renewed six years after~~	43955
~~the initial date on which the license was granted for a person~~	43956
~~initially licensed by exemption until that person presents to the~~	43957
~~board proof of completion of the following requirements:~~	43958

~~(A) Upon presentation of proof of a bachelor's degree with a~~	43959
~~major in the area of licensure or successful completion of at~~	43960
~~least eighteen semester hours of academic credit, or its~~	43961
~~equivalent as determined by the board by rule for colleges and~~	43962
~~universities not using semesters, accumulated from accredited~~	43963
~~colleges and universities. These eighteen semester hours shall be~~	43964
~~in a variety of courses that provide instruction related to the~~	43965
~~nature of communication disorders and present information~~	43966
~~pertaining to and training in the evaluation and management of~~	43967
~~speech, language, and hearing disorders and shall be in the~~	43968
~~professional area, speech-language pathology or audiology, for~~	43969
~~which licensure is requested.~~	43970

~~(B) Successful completion of at least one hundred fifty clock~~	43971
~~hours of appropriately supervised, as determined by board rule,~~	43972
~~clinical experience in the professional area, speech-language~~	43973
~~pathology or audiology, for which licensure is requested, with~~	43974
~~individuals who present a variety of communication disorders, and~~	43975
~~the experience shall have been obtained under the supervision of a~~	43976
~~licensed speech-language pathologist or audiologist, or within~~	43977
~~another program approved by the board.~~	43978

Sec. 4755.48. (A) No person shall employ fraud or deception	43979
in applying for or securing a license to practice physical therapy	43980
or to be a physical therapist assistant.	43981

(B) No person shall practice or in any way claim to the	43982
public to be able to practice physical therapy, including practice	43983
as a physical therapist assistant, unless the person holds a valid	43984
license under sections 4755.40 to 4755.56 of the Revised Code or	43985
except as provided in section 4755.56 of the Revised Code.	43986

(C) No person shall use the words or letters, physical	43987
therapist, physical therapy, physiotherapist, licensed physical	43988
therapist, P.T., Ph.T., P.T.T., R.P.T., L.P.T., M.P.T., D.P.T.,	43989
M.S.P.T., P.T.A., physical therapy assistant, physical therapist	43990
assistant, physical therapy technician, licensed physical	43991
therapist assistant, L.P.T.A., R.P.T.A., or any other letters,	43992
words, abbreviations, or insignia, indicating or implying that the	43993
person is a physical therapist or physical therapist assistant	43994
without a valid license under sections 4755.40 to 4755.56 of the	43995
Revised Code.	43996

(D) No person who practices physical therapy or assists in	43997
the provision of physical therapy treatments under the supervision	43998
of a physical therapist shall fail to display the person's current	43999
license granted under sections 4755.40 to 4755.56 of the Revised	44000
Code in a conspicuous location in the place where the person	44001
spends the major part of the person's time so engaged.	44002

(E) Nothing in sections 4755.40 to 4755.56 of the Revised	44003
Code shall affect or interfere with the performance of the duties	44004
of any physical therapist or physical therapist assistant in	44005
active service in the army, navy, coast guard, marine corps, air	44006
force, public health service, or marine hospital service of the	44007
United States, while so serving.	44008

(F) No person shall practice physical therapy other than on	44009
the prescription of, or the referral of a patient by, a person who	44010
is licensed in this or another state to practice medicine and	44011
surgery, chiropractic, dentistry, osteopathic medicine and	44012
surgery, podiatric medicine and surgery, or to practice nursing as	44013
a certified registered nurse anesthetist, clinical nurse	44014
specialist, certified nurse-midwife, or certified nurse	44015
practitioner, within the scope of such practices, and whose	44016
license is in good standing, unless either of the following	44017
conditions is met:	44018

(1) The person holds a master's or doctorate degree from a	44019
professional physical therapy program that is accredited by a	44020
national accreditation agency recognized by the United States	44021
department of education and by the Ohio occupational therapy,	44022
physical therapy, and athletic trainers board.	44023

(2) On or before December 31, ~~2003~~2004, the person has	44024
completed at least two years of practical experience as a licensed	44025
physical therapist.	44026

(G) In the prosecution of any person for violation of	44027
division (B) or (C) of this section, it is not necessary to allege	44028
or prove want of a valid license to practice physical therapy or	44029
to practice as a physical therapist assistant, but such matters	44030
shall be a matter of defense to be established by the accused.	44031

Sec. 4775.04. (A) The board of motor vehicle collision	44032
repair registration shall do all of the following:	44033

(1) Adopt rules as necessary to carry out the purposes of	44034
this chapter. The rules shall include requirements for the type of	44035
liability insurance required under division (A) of section 4775.07	44036
of the Revised Code. The rules shall permit the use of an	44037
insurance policy issued by any insurer authorized to issue that	44038
type of insurance in this state.	44039

(2) Appoint an executive director to serve at the pleasure of	44040
the board;	44041

(3) Direct the executive director as to how the executive	44042
director shall perform the duties imposed under this chapter;	44043

(4) Consider and make recommendations in regard to all	44044
matters submitted to the board by the executive director;	44045

(5) Through the executive director or its enforcement agents,	44046
work with appropriate local fire departments and appropriate local	44047
certified building departments to locate persons operating places	44048
of business as a motor vehicle collision repair operator without a	44049
temporary or regular registration certificate issued under this	44050
chapter for that place of business;	44051

(6) Determine whether to refuse to issue or renew a	44052
registration certificate or determine whether to waive a	44053
suspension of a registration certificate as provided in division	44054
(D) of section 4775.07 of the Revised Code;	44055

~~(6)~~(7) Do all acts and perform all functions as are necessary	44056
for the administration and enforcement of this chapter.	44057

(B) Nothing in this chapter shall be interpreted as granting	44058
the board any authority over a motor vehicle collision repair	44059
operator concerning the quality of work performed in the repair	44060
of, or installation of parts on, motor vehicles.	44061

Sec. 4905.10. (A) For the sole purpose of maintaining and	44062
administering the public utilities commission and exercising its	44063
supervision and jurisdiction over the railroads and public	44064
utilities of this state, an amount equivalent to the appropriation	44065
from the public utilities fund created under division (B) of this	44066
section to the public utilities commission for railroad and public	44067
utilities regulation in each fiscal year shall be apportioned	44068
among and assessed against each railroad and public utility within	44069
this state by the commission by first computing an assessment as	44070
though it were to be made in proportion to the intrastate gross	44071
earnings or receipts, excluding earnings or receipts from sales to	44072
other public utilities for resale, of the railroad or public	44073
utility for the calendar year next preceding that in which the	44074
assessment is made. The commission may include in that first	44075
computation any amount of a railroad's or public utility's	44076
intrastate gross earnings or receipts that were underreported in a	44077
prior year. In addition to whatever penalties apply under the	44078
Revised Code to such underreporting, the commission shall assess	44079
the railroad or public utility interest at the rate stated in	44080
division (A) of section 1343.01 of the Revised Code. The	44081
commission shall deposit any interest so collected into the public	44082
utilities fund. The commission may exclude from that first	44083
computation any such amounts that were overreported in a prior	44084
year.	44085

The final computation of the assessment shall consist of	44086
imposing upon each railroad and public utility whose assessment	44087
under the first computation would have been ~~fifty~~one hundred	44088
dollars or less an assessment of ~~fifty~~one hundred dollars and	44089
recomputing the assessments of the remaining railroads and public	44090
utilities by apportioning an amount equal to the appropriation to	44091
the public utilities commission for administration of the	44092
utilities division in each fiscal year less the total amount to be	44093
recovered from those paying the minimum assessment, in proportion	44094
to the intrastate gross earnings or receipts of the remaining	44095
railroads and public utilities for the calendar year next	44096
preceding that in which the assessments are made.	44097

In the case of an assessment based on intrastate gross	44098
receipts under this section against a public utility that is an	44099
electric utility as defined in section 4928.01 of the Revised	44100
Code, or an electric services company, electric cooperative, or	44101
governmental aggregator subject to certification under section	44102
4928.08 of the Revised Code, such receipts shall be those	44103
specified in the utility's, company's, cooperative's, or	44104
aggregator's most recent report of intrastate gross receipts and	44105
sales of kilowatt hours of electricity, filed with the commission	44106
pursuant to division (F) of section 4928.06 of the Revised Code,	44107
and verified by the commission.	44108

In the case of an assessment based on intrastate gross	44109
receipts under this section against a retail natural gas supplier	44110
or governmental aggregator subject to certification under section	44111
4929.20 of the Revised Code, such receipts shall be those	44112
specified in the supplier's or aggregator's most recent report of	44113
intrastate gross receipts and sales of hundred cubic feet of	44114
natural gas, filed with the commission pursuant to division (B) of	44115
section 4929.23 of the Revised Code, and verified by the	44116
commission. However, no such retail natural gas supplier or such	44117
governmental aggregator serving or proposing to serve customers of	44118
a particular natural gas company, as defined in section 4929.01 of	44119
the Revised Code, shall be assessed under this section until after	44120
the commission, pursuant to section 4905.26 or 4909.18 of the	44121
Revised Code, has removed from the base rates of the natural gas	44122
company the amount of assessment under this section that is	44123
attributable to the value of commodity sales service, as defined	44124
in section 4929.01 of the Revised Code, in the base rates paid by	44125
those customers of the company that do not purchase that service	44126
from the natural gas company.	44127

(B) OnThrough calendar year 2005, on or before the first day	44128
of October in each year, the commission shall notify each such	44129
railroad and public utility of the sum assessed against it,	44130
whereupon payment shall be made to the commission, which shall	44131
deposit it into the state treasury to the credit of the public	44132
utilities fund, which is hereby created. Beginning in calendar	44133
year 2006, on or before the fifteenth day of May in each year, the	44134
commission shall notify each railroad and public utility that had	44135
a sum assessed against it for the current fiscal year of more than	44136
one thousand dollars that fifty per cent of that amount shall be	44137
paid to the commission by the twentieth day of June of that year	44138
as an initial payment of the assessment against the company for	44139
the next fiscal year. On or before the first day of October in	44140
each year, the commission shall make a final determination of the	44141
sum of the assessment against each railroad and public utility and	44142
shall notify each railroad and public utility of the sum assessed	44143
against it. The commission shall deduct from the assessment for	44144
each railroad or public utility any initial payment received.	44145
Payment of the assessment shall be made to the commission by the	44146
first day of November of that year. The commission shall deposit	44147
the payments received into the state treasury to the credit of the	44148
public utilities fund. Any such amounts paid into the fund but not	44149
expended by the commission shall be credited ratably, after first	44150
deducting any deficits accumulated from prior years, by the	44151
commission to railroads and public utilities that pay more than	44152
the minimum assessment, according to the respective portions of	44153
such sum assessable against them for the ensuing ~~calendar~~fiscal	44154
year. The assessments for such ~~calendar~~fiscal year shall be	44155
reduced correspondingly.	44156

(C) Within five days after the beginning of each fiscal year	44157
through fiscal year 2006, the director of budget and management	44158
shall transfer from the general revenue fund to the public	44159
utilities fund an amount sufficient for maintaining and	44160
administering the public utilities commission and exercising its	44161
supervision and jurisdiction over the railroads and public	44162
utilities of the state during the first four months of the fiscal	44163
year. The director shall transfer the same amount back to the	44164
general revenue fund from the public utilities fund at such time	44165
as the director determines that the balance of the public	44166
utilities fund is sufficient to support the appropriations from	44167
the fund for the fiscal year. The director may transfer less than	44168
that amount if the director determines that the revenues of the	44169
public utilities fund during the fiscal year will be insufficient	44170
to support the appropriations from the fund for the fiscal year,	44171
in which case the amount not paid back to the general revenue fund	44172
shall be payable to the general revenue fund in future fiscal	44173
years.	44174

(D) For the purpose of this section only, "public utility"	44175
includes:	44176

(1) In addition to an electric utility as defined in section	44177
4928.01 of the Revised Code, an electric services company, an	44178
electric cooperative, or a governmental aggregator subject to	44179
certification under section 4928.08 of the Revised Code, to the	44180
extent of the company's, cooperative's, or aggregator's engagement	44181
in the business of supplying or arranging for the supply in this	44182
state of any retail electric service for which it must be so	44183
certified;	44184

(2) In addition to a natural gas company as defined in	44185
section 4929.01 of the Revised Code, a retail natural gas supplier	44186
or governmental aggregator subject to certification under section	44187
4929.20 of the Revised Code, to the extent of the supplier's or	44188
aggregator's engagement in the business of supplying or arranging	44189
for the supply in this state of any competitive retail natural gas	44190
service for which it must be certified.	44191

(E) Each public utilities commissioner shall receive a salary	44192
fixed at the level set by pay range 49 under schedule E-2 of	44193
section 124.152 of the Revised Code.	44194

Sec. 4905.261. The public utilities commission shall operate	44195
a telephone call center for consumer complaints, to receive	44196
complaints by any person, firm, or corporation against any public	44197
utility.	44198

Sec. 4905.54. Every public utility or railroad and every	44199
officer of a public utility or railroad shall comply with every	44200
order, direction, and requirement of the public utilities	44201
commission made under authority of this chapter and Chapters	44202
4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code,	44203
so long as they remain in force. Except as otherwise specifically	44204
provided in sections 4905.83, 4905.95, 4919.99, 4921.99, and	44205
4923.99 of the Revised Code, the public utilities commission may	44206
assess a forfeiture of not more than ten thousand dollars for each	44207
violation or failure against a public utility or railroad that	44208
violates a provision of those chapters or that after due notice	44209
fails to comply with an order, direction, or requirement of the	44210
commission that was officially promulgated ~~shall forfeit to the~~	44211
~~state not more than one thousand dollars for each such violation~~	44212
~~or failure~~. Each day's continuance of the violation or failure is	44213
a separate offense. All forfeitures collected under this section	44214
shall be credited to the general revenue fund.	44215

Sec. 4905.95. (A) Except as otherwise provided in division	44216
(C) of this section:	44217

(1) The public utilities commission, regarding any proceeding	44218
under this section, shall provide reasonable notice and the	44219
opportunity for a hearing in accordance with rules adopted under	44220
section 4901.13 of the Revised Code.	44221

(2) Sections 4903.02 to 4903.082, 4903.09 to 4903.16, and	44222
4903.20 to 4903.23 of the Revised Code apply to all proceedings	44223
and orders of the commission under this section and to all	44224
operators subject to those proceedings and orders.	44225

(B) If, pursuant to a proceeding it specially initiates or to	44226
any other proceeding and after the hearing provided for under	44227
division (A) of this section, the commission finds that:	44228

(1) An operator has violated or failed to comply with, or is	44229
violating or failing to comply with, sections 4905.90 to 4905.96	44230
of the Revised Code or the pipe-line safety code, the commission	44231
by order:	44232

(a) Shall require the operator to comply and to undertake	44233
corrective action necessary to protect the public safety;	44234

(b) May assess upon the operator forfeitures of not more than	44235
~~ten~~one hundred thousand dollars for each day of each violation or	44236
noncompliance, except that the aggregate of such forfeitures shall	44237
not exceed five hundred thousand dollars for any related series of	44238
violations or noncompliances. In determining the amount of any	44239
such forfeiture, the commission shall consider all of the	44240
following:	44241

(i) The gravity of the violation or noncompliance;

44242

(ii) The operator's history of prior violations or	44243
noncompliances;	44244

(iii) The operator's good faith efforts to comply and	44245
undertake corrective action;	44246

(iv) The operator's ability to pay the forfeiture;

44247

(v) The effect of the forfeiture on the operator's ability to	44248
continue as an operator;	44249

(vi) Such other matters as justice may require.

44250

All forfeitures collected under this division or section 4905.96	44251
of the Revised Code shall be deposited in the state treasury to	44252
the credit of the general revenue fund.	44253

(c) May direct the attorney general to seek the remedies	44254
provided in section 4905.96 of the Revised Code.	44255

(2) An intrastate pipe-line transportation facility is	44256
hazardous to life or property, the commission by order:	44257

(a) Shall require the operator of the facility to take	44258
corrective action to remove the hazard. Such corrective action may	44259
include suspended or restricted use of the facility, physical	44260
inspection, testing, repair, replacement, or other action.	44261

(b) May direct the attorney general to seek the remedies	44262
provided in section 4905.96 of the Revised Code.	44263

(C) If, pursuant to a proceeding it specially initiates or to	44264
any other proceeding, the commission finds that an emergency	44265
exists due to a condition on an intrastate pipe-line	44266
transportation facility posing a clear and immediate danger to	44267
life or health or threatening a significant loss of property and	44268
requiring immediate corrective action to protect the public	44269
safety, the commission may issue, without notice or prior hearing,	44270
an order reciting its finding and may direct the attorney general	44271
to seek the remedies provided in section 4905.96 of the Revised	44272
Code. The order shall remain in effect for not more than forty	44273
days after the date of its issuance. The order shall provide for a	44274
hearing as soon as possible, but not later than thirty days after	44275
the date of its issuance. After the hearing the commission shall	44276
continue, revoke, or modify the order and may make findings under	44277
and seek appropriate remedies as provided in division (B) of this	44278
section.	44279

Sec. 4911.02. (A) The consumers' counsel shall be appointed	44280
by the consumers' counsel governing board, and shall hold office	44281
at the pleasure of the board.	44282

(B)(1) The counsel may sue or be sued and has the powers and	44283
duties granted ~~him~~the counsel under this chapter, and all	44284
necessary powers to carry out the purposes of this chapter.	44285

(2) Without limitation because of enumeration, the counsel:

44286

(a) Shall have all the rights and powers of any party in	44287
interest appearing before the public utilities commission	44288
regarding examination and cross-examination of witnesses,	44289
presentation of evidence, and other matters;	44290

(b) May take appropriate action with respect to written	44291
residential consumer complaints concerning quality of service,	44292
service charges, and the operation of the public utilities	44293
commission;	44294

(c) May institute, intervene in, or otherwise participate in	44295
proceedings in both state and federal courts and administrative	44296
agencies on behalf of the residential consumers concerning review	44297
of decisions rendered by, or failure to act by, the public	44298
utilities commission;	44299

(d) May conduct long range studies concerning various topics	44300
relevant to the rates charged to ~~residenial~~residential consumers.	44301

Sec. 4911.021. The consumers' counsel shall not operate a	44302
telephone call consumer response center for residential consumer	44303
complaints. Any calls received by the consumers' counsel	44304
concerning residential consumer complaints shall be forwarded to	44305
the public utilities commission's call center.	44306

Sec. 4911.18. (A) For the sole purpose of maintaining and	44307
administering the office of the consumers' counsel and exercising	44308
the powers of the consumers' counsel under this chapter, an amount	44309
equal to the appropriation to the office of the consumers' counsel	44310
in each fiscal year shall be apportioned among and assessed	44311
against each public utility within this state, as defined in	44312
section 4911.01 of the Revised Code, by first computing an	44313
assessment as though it were to be made in proportion to the	44314
intrastate gross earnings or receipts of the public utility for	44315
the calendar year next preceding that in which the assessment is	44316
made, excluding earnings or receipts from sales to other public	44317
utilities for resale. The office may include in that first	44318
computation any amount of a public utility's intrastate gross	44319
earnings or receipts underreported in a prior year. In addition to	44320
whatever penalties apply under the Revised Code to such	44321
underreporting, the office shall assess the public utility	44322
interest at the rate stated in division (A) of section 1343.01 of	44323
the Revised Code. The office shall deposit any interest so	44324
collected into the consumers' counsel operating fund. The office	44325
may exclude from that first computation any such amounts that were	44326
over-reported in a prior year.	44327

The final computation of the assessment shall consist of	44328
imposing upon each public utility whose assessment under the first	44329
computation would have been ~~fifty~~one hundred dollars or less an	44330
assessment of ~~fifty~~one hundred dollars and recomputing the	44331
assessment of the remaining companies by apportioning an amount	44332
equal to the appropriation to the office of consumers' counsel in	44333
each fiscal year less the total amount to be recovered from those	44334
paying the minimum assessment, in proportion to the intrastate	44335
gross earnings or receipts of the remaining companies for the	44336
calendar year next preceding that in which the assessments are	44337
made, excluding earnings or receipts from sales to other public	44338
utilities for resale.	44339

In the case of an assessment based on intrastate gross	44340
receipts under this section against a public utility that is an	44341
electric utility as defined in section 4928.01 of the Revised	44342
Code, or an electric services company, electric cooperative, or	44343
governmental aggregator subject to certification under section	44344
4928.08 of the Revised Code, such receipts shall be those	44345
specified in the utility's, company's, cooperative's, or	44346
aggregator's most recent report of intrastate gross receipts and	44347
sales of kilowatt hours of electricity, filed with the public	44348
utilities commission pursuant to division (F) of section 4928.06	44349
of the Revised Code, and verified by the commission.	44350

In the case of an assessment based on intrastate gross	44351
receipts under this section against a retail natural gas supplier	44352
or governmental aggregator subject to certification under section	44353
4929.20 of the Revised Code, such receipts shall be those	44354
specified in the supplier's or aggregator's most recent report of	44355
intrastate gross receipts and sales of hundred cubic feet of	44356
natural gas, filed with the commission pursuant to division (B) of	44357
section 4929.23 of the Revised Code, and verified by the	44358
commission. However, no such retail natural gas supplier or such	44359
governmental aggregator serving or proposing to serve customers of	44360
a particular natural gas company, as defined in section 4929.01 of	44361
the Revised Code, shall be assessed under this section until after	44362
the commission, pursuant to section 4905.26 or 4909.18 of the	44363
Revised Code, has removed from the base rates of the natural gas	44364
company the amount of assessment under this section that is	44365
attributable to the value of commodity sales service, as defined	44366
in section 4929.01 of the Revised Code, in the base rates paid by	44367
those customers of the company that do not purchase that service	44368
from the natural gas company.	44369

(B) OnThrough calendar year 2005, on or before the first day	44370
of October in each year, the office of consumers' counsel shall	44371
notify each public utility of the sum assessed against it,	44372
whereupon payment shall be made to the counsel, who shall deposit	44373
it into the state treasury to the credit of the consumers' counsel	44374
operating fund, which is hereby created. Beginning in calendar	44375
year 2006, on or before the fifteenth day of May in each year, the	44376
consumers' counsel shall notify each public utility that had a sum	44377
assessed against it for the current fiscal year of more than one	44378
thousand dollars that fifty per cent of that amount shall be paid	44379
to the consumers' counsel by the twentieth day of June of that	44380
year as an initial payment of the assessment against the company	44381
for the next fiscal year. On or before the first day of October in	44382
each year, the consumers' counsel shall make a final determination	44383
of the sum of the assessment against each public utility and shall	44384
notify each public utility of the sum assessed against it. The	44385
consumers' counsel shall deduct from the assessment for each	44386
public utility any initial payment received. Payment of the	44387
assessment shall be made to the consumers' counsel by the first	44388
day of November of that year. The consumers' counsel shall deposit	44389
the payments received into the state treasury to the credit of the	44390
consumers' counsel operating fund. Any such amounts paid into the	44391
fund but not expended by the office shall be credited ratably by	44392
the office to the public utilities that pay more than the minimum	44393
assessment, according to the respective portions of such sum	44394
assessable against them for the ensuing ~~calendar~~fiscal year,	44395
after first deducting any deficits accumulated from prior years.	44396
The assessments for such ~~calendar~~fiscal year shall be reduced	44397
correspondingly.	44398

(C) Within five days after the beginning of each fiscal year	44399
through fiscal year 2006, the director of budget and management	44400
shall transfer from the general revenue fund to the consumers'	44401
counsel operating fund an amount sufficient for maintaining and	44402
administering the office of the consumers' counsel and exercising	44403
the powers of the consumers' counsel under this chapter during the	44404
first four months of the fiscal year. Not later than the	44405
thirty-first day of December of the fiscal year, the same amount	44406
shall be transferred back to the general revenue fund from the	44407
consumers' counsel operating fund.	44408

(D) As used in this section, "public utility" includes:

44409

(1) In addition to an electric utility as defined in section	44410
4928.01 of the Revised Code, an electric services company, an	44411
electric cooperative, or a governmental aggregator subject to	44412
certification under section 4928.08 of the Revised Code, to the	44413
extent of the company's, cooperative's, or aggregator's engagement	44414
in the business of supplying or arranging for the supply in this	44415
state of any retail electric service for which it must be so	44416
certified;	44417

(2) In addition to a natural gas company as defined in	44418
section 4929.01 of the Revised Code, a retail natural gas supplier	44419
or governmental aggregator subject to certification under section	44420
4929.20 of the Revised Code, to the extent of the supplier's or	44421
aggregator's engagement in the business of supplying or arranging	44422
for the supply in this state of any competitive retail natural gas	44423
service for which it must be certified.	44424

Sec. 4973.171. (A) As used in this section, "felony" has the	44425
same meaning as in section 109.511 of the Revised Code.	44426

(B)(1) The ~~governor~~secretary of state shall not appoint or	44427
commission a person as a police officer for a railroad company	44428
under division (B) of section 4973.17 of the Revised Code and	44429
shall not appoint or commission a person as a police officer for a	44430
hospital under division (D) of section 4973.17 of the Revised Code	44431
on a permanent basis, on a temporary basis, for a probationary	44432
term, or on other than a permanent basis if the person previously	44433
has been convicted of or has pleaded guilty to a felony.	44434

(2)(a) The ~~governor~~secretary of state shall revoke the	44435
appointment or commission of a person appointed or commissioned as	44436
a police officer for a railroad company or as a police officer for	44437
a hospital under division (B) or (D) of section 4973.17 of the	44438
Revised Code if that person does either of the following:	44439

(i) Pleads guilty to a felony;

44440

(ii) Pleads guilty to a misdemeanor pursuant to a negotiated	44441
plea agreement as provided in division (D) of section 2929.43 of	44442
the Revised Code in which the person agrees to surrender the	44443
certificate awarded to that person under section 109.77 of the	44444
Revised Code.	44445

(b) The ~~governor~~secretary of state shall suspend the	44446
appointment or commission of a person appointed or commissioned as	44447
a police officer for a railroad company or as a police officer for	44448
a hospital under division (B) or (D) of section 4973.17 of the	44449
Revised Code if that person is convicted, after trial, of a	44450
felony. If the person files an appeal from that conviction and the	44451
conviction is upheld by the highest court to which the appeal is	44452
taken or if the person does not file a timely appeal, the ~~governor~~	44453
secretary of state shall revoke the appointment or commission of	44454
that person as a police officer for a railroad company or as a	44455
police officer for a hospital. If the person files an appeal that	44456
results in that person's acquittal of the felony or conviction of	44457
a misdemeanor, or in the dismissal of the felony charge against	44458
that person, the ~~governor~~secretary of state shall reinstate the	44459
appointment or commission of that person as a police officer for a	44460
railroad company or as a police officer for a hospital. A person	44461
whose appointment or commission is reinstated under division	44462
(B)(2)(b) of this section shall not receive any back pay unless	44463
that person's conviction of the felony was reversed on appeal, or	44464
the felony charge was dismissed, because the court found	44465
insufficient evidence to convict the person of the felony.	44466

(3) Division (B) of this section does not apply regarding an	44467
offense that was committed prior to January 1, 1997.	44468

(4) The suspension or revocation of the appointment or	44469
commission of a person as a police officer for a railroad company	44470
or as a police officer for a hospital under division (B)(2) of	44471
this section shall be in accordance with Chapter 119. of the	44472
Revised Code.	44473

Sec. 5101.07. There is hereby created in the state treasury	44474
the support services federal operating fund. The fund shall	44475
consist of federal funds the department of job and family services	44476
receives and that the director of job and family services	44477
determines are appropriate for deposit into the fund. Money in the	44478
fund shall be used to pay the federal share of both of the	44479
following:	44480

(A) The department's costs for computer projects;

44481

(B) The operating costs of the parts of the department that	44482
provide general support services for the department's work units	44483
established under section 5101.06 of the Revised Code.	44484

Sec. 5101.071. There is hereby created in the state treasury	44485
the support services state operating fund. The fund shall consist	44486
of payments made to the fund from other appropriation items by	44487
intrastate transfer voucher. Money in the fund shall be used to	44488
pay for both of the following:	44489

(A) The department of job and family services' costs for	44490
computer projects;	44491

(B) The operating costs of the parts of the department that	44492
provide general support services for the department's work units	44493
established under section 5101.06 of the Revised Code.	44494

Sec. 5101.16. (A) As used in this section and sections	44495
5101.161 and 5101.162 of the Revised Code:	44496

(1) "Disability financial assistance" means the financial	44497
assistance program established under Chapter 5115. of the Revised	44498
Code.	44499

(2) "Disability medical assistance" means the medical	44500
assistance program established under Chapter 5115. of the Revised	44501
Code.	44502

(3) "Food stamps" means the program administered by the	44503
department of job and family services pursuant to section 5101.54	44504
of the Revised Code.	44505

(4) "Medicaid" means the medical assistance program	44506
established by Chapter 5111. of the Revised Code, excluding	44507
transportation services provided under that chapter.	44508

(5) "Ohio works first" means the program established by	44509
Chapter 5107. of the Revised Code.	44510

(6) "Prevention, retention, and contingency" means the	44511
program established by Chapter 5108. of the Revised Code.	44512

(7) "Public assistance expenditures" means expenditures for	44513
all of the following:	44514

(a) Ohio works first;

44515

(b) County administration of Ohio works first;

44516

44517

(d) County administration of prevention, retention, and	44518
contingency;	44519

(e) Disability financial assistance;

44520

(f) Disability medical assistance;

44521

(g) County administration of disability financial assistance;

44522

(h) County administration of disability medical assistance;

44523

(i) County administration of food stamps;

44524

(j) County administration of medicaid.

44525

(8) "Title IV-A program" has the same meaning as in section	44526
5101.80 of the Revised Code.	44527

(B) Each board of county commissioners shall pay the county	44528
share of public assistance expenditures in accordance with section	44529
5101.161 of the Revised Code. Except as provided in division (C)	44530
of this section, a county's share of public assistance	44531
expenditures is the sum of all of the following for state fiscal	44532
year 1998 and each state fiscal year thereafter:	44533

(1) The amount that is twenty-five per cent of the county's	44534
total expenditures for disability financial assistance and	44535
disability medical assistance and county administration of those	44536
programs during the state fiscal year ending in the previous	44537
calendar year that the department of job and family services	44538
determines are allowable.	44539

(2) The amount that is ten per cent, or other percentage	44540
determined under division (D) of this section, of the county's	44541
total expenditures for county administration of food stamps and	44542
medicaid during the state fiscal year ending in the previous	44543
calendar year that the department determines are allowable, less	44544
the amount of federal reimbursement credited to the county under	44545
division (E) of this section for the state fiscal year ending in	44546
the previous calendar year;	44547

(3) A percentage of the actual amount of the county share of	44548
program and administrative expenditures during federal fiscal year	44549
1994 for assistance and services, other than child care, provided	44550
under Titles IV-A and IV-F of the "Social Security Act," 49 Stat.	44551
620 (1935), 42 U.S.C. 301, as those titles existed prior to the	44552
enactment of the "Personal Responsibility and Work Opportunity	44553
Reconciliation Act of 1996," 110 Stat. 2105. The department of job	44554
and family services shall determine the actual amount of the	44555
county share from expenditure reports submitted to the United	44556
States department of health and human services. The percentage	44557
shall be the percentage established in rules adopted under	44558
division (F) of this section.	44559

(C)(1) If a county's share of public assistance expenditures	44560
determined under division (B) of this section for a state fiscal	44561
year exceeds one hundred ten per cent of the county's share for	44562
those expenditures for the immediately preceding state fiscal	44563
year, the department of job and family services shall reduce the	44564
county's share for expenditures under divisions (B)(1) and (2) of	44565
this section so that the total of the county's share for	44566
expenditures under division (B) of this section equals one hundred	44567
ten per cent of the county's share of those expenditures for the	44568
immediately preceding state fiscal year.	44569

(2) A county's share of public assistance expenditures	44570
determined under division (B) of this section may be increased	44571
pursuant to section 5101.163 of the Revised Code and a sanction	44572
under section 5101.24 of the Revised Code. An increase made	44573
pursuant to section 5101.163 of the Revised Code may cause the	44574
county's share to exceed the limit established by division (C)(1)	44575
of this section.	44576

(D)(1) If the per capita tax duplicate of a county is less	44577
than the per capita tax duplicate of the state as a whole and	44578
division (D)(2) of this section does not apply to the county, the	44579
percentage to be used for the purpose of division (B)(2) of this	44580
section is the product of ten multiplied by a fraction of which	44581
the numerator is the per capita tax duplicate of the county and	44582
the denominator is the per capita tax duplicate of the state as a	44583
whole. The department of job and family services shall compute the	44584
per capita tax duplicate for the state and for each county by	44585
dividing the tax duplicate for the most recent available year by	44586
the current estimate of population prepared by the department of	44587
development.	44588

(2) If the percentage of families in a county with an annual	44589
income of less than three thousand dollars is greater than the	44590
percentage of such families in the state and division (D)(1) of	44591
this section does not apply to the county, the percentage to be	44592
used for the purpose of division (B)(2) of this section is the	44593
product of ten multiplied by a fraction of which the numerator is	44594
the percentage of families in the state with an annual income of	44595
less than three thousand dollars a year and the denominator is the	44596
percentage of such families in the county. The department of job	44597
and family services shall compute the percentage of families with	44598
an annual income of less than three thousand dollars for the state	44599
and for each county by multiplying the most recent estimate of	44600
such families published by the department of development, by a	44601
fraction, the numerator of which is the estimate of average annual	44602
personal income published by the bureau of economic analysis of	44603
the United States department of commerce for the year on which the	44604
census estimate is based and the denominator of which is the most	44605
recent such estimate published by the bureau.	44606

(3) If the per capita tax duplicate of a county is less than	44607
the per capita tax duplicate of the state as a whole and the	44608
percentage of families in the county with an annual income of less	44609
than three thousand dollars is greater than the percentage of such	44610
families in the state, the percentage to be used for the purpose	44611
of division (B)(2) of this section shall be determined as follows:	44612

(a) Multiply ten by the fraction determined under division	44613
(D)(1) of this section;	44614

(b) Multiply the product determined under division (D)(3)(a)	44615
of this section by the fraction determined under division (D)(2)	44616
of this section.	44617

(4) The department of job and family services shall	44618
determine, for each county, the percentage to be used for the	44619
purpose of division (B)(2) of this section not later than the	44620
first day of July of the year preceding the state fiscal year for	44621
which the percentage is used.	44622

(E) The department of job and family services shall credit to	44623
a county the amount of federal reimbursement the department	44624
receives from the United States departments of agriculture and	44625
health and human services for the county's expenditures for	44626
administration of food stamps and medicaid that the department	44627
determines are allowable administrative expenditures.	44628

(F)(1) The director of job and family services shall adopt	44629
rules in accordance with section 111.15 of the Revised Code to	44630
establish all of the following:	44631

(a) The method the department is to use to change a county's	44632
share of public assistance expenditures determined under division	44633
(B) of this section as provided in division (C) of this section;	44634

(b) The allocation methodology and formula the department	44635
will use to determine the amount of funds to credit to a county	44636
under this section;	44637

(c) The method the department will use to change the payment	44638
of the county share of public assistance expenditures from a	44639
calendar-year basis to a state fiscal year basis;	44640

(d) The percentage to be used for the purpose of division	44641
(B)(3) of this section, which shall, except as provided in section	44642
5101.163 of the Revised Code, meet both of the following	44643
requirements:	44644

(i) The percentage shall not be less than seventy-five per	44645
cent nor more than eighty-two per cent;	44646

(ii) The percentage shall not exceed the percentage that the	44647
state's qualified state expenditures is of the state's historic	44648
state expenditures as those terms are defined in 42 U.S.C.	44649
609(a)(7).	44650

(e) Other procedures and requirements necessary to implement	44651
this section.	44652

(2) The director of job and family services may amend the	44653
rule adopted under division (F)(1)(d) of this section to modify	44654
the percentage on determination that the amount the general	44655
assembly appropriates for Title IV-A programs makes the	44656
modification necessary. The rule shall be adopted and amended as	44657
if an internal management rule and in consultation with the	44658
director of budget and management.	44659

Sec. 5101.163. As used in this section, "maintenance of	44660
effort" means qualified state expenditures as defined in 42 U.S.C.	44661
609(a)(7)(B)(i).	44662

The department of job and family services may increase a	44663
county's share of public assistance expenditures determined under	44664
division (B) of section 5101.16 of the Revised Code if the United	44665
States secretary of health and human services requires an increase	44666
in the state's maintenance of effort because of one or more	44667
failures, resulting from the actions or inactions of one or more	44668
county family services agencies, to meet a requirement under Title	44669
IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	44670
U.S.C. 601, as amended. The department may so increase a county's	44671
share of public assistance expenditures only to the amount the	44672
county's county family services agencies are responsible for the	44673
increase in the state's maintenance of effort as determined	44674
pursuant to rules the director of job and family services shall	44675
adopt under section 111.15 of the Revised Code. The department is	44676
not required to make the increase in accordance with section	44677
5101.24 of the Revised Code.	44678

Sec. 5101.181. (A) As used in this section and section	44679
5101.182 of the Revised Code, "public assistance" includes, in	44680
addition to Ohio works first, all of the following:	44681

(1) Prevention, retention, and contingency;

44682

(2) Medicaid;

44683

(3) Disability financial assistance;

44684

(4) Disability medical assistance provided before October 1,	44685
2005, under former Chapter 5115. of the Revised Code;	44686

(5) General assistance provided prior to July 17, 1995, under	44687
former Chapter 5113. of the Revised Code.	44688

(B) As part of the procedure for the determination of	44689
overpayment to a recipient of public assistance under Chapter	44690
5107., 5108., 5111., or 5115. of the Revised Code, the director of	44691
job and family services shall furnish quarterly the name and	44692
social security number of each individual who receives public	44693
assistance to the director of administrative services, the	44694
administrator of the bureau of workers' compensation, and each of	44695
the state's retirement boards. Within fourteen days after	44696
receiving the name and social security number of an individual who	44697
receives public assistance, the director of administrative	44698
services, administrator, or board shall inform the auditor of	44699
state as to whether such individual is receiving wages or	44700
benefits, the amount of any wages or benefits being received, the	44701
social security number, and the address of the individual. The	44702
director of administrative services, administrator, boards, and	44703
any agent or employee of those officials and boards shall comply	44704
with the rules of the director of job and family services	44705
restricting the disclosure of information regarding recipients of	44706
public assistance. Any person who violates this provision shall	44707
thereafter be disqualified from acting as an agent or employee or	44708
in any other capacity under appointment or employment of any state	44709
board, commission, or agency.	44710

(C) The auditor of state may enter into a reciprocal	44711
agreement with the director of job and family services or	44712
comparable officer of any other state for the exchange of names,	44713
current or most recent addresses, or social security numbers of	44714
persons receiving public assistance under Title IV-A or under	44715
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	44716
U.S.C. 301, as amended.	44717

(D)(1) The auditor of state shall retain, for not less than	44718
two years, at least one copy of all information received under	44719
this section and sections 145.27, 742.41, 3307.20, 3309.22,	44720
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	44721
shall review the information to determine whether overpayments	44722
were made to recipients of public assistance under Chapters 5107.,	44723
5108., 5111., and 5115. of the Revised Code. The auditor of state	44724
shall initiate action leading to prosecution, where warranted, of	44725
recipients who received overpayments by forwarding the name of	44726
each recipient who received overpayment, together with other	44727
pertinent information, to the director of job and family services	44728
and the attorney general, to the district director of job and	44729
family services of the district through which public assistance	44730
was received, and to the county director of job and family	44731
services and county prosecutor of the county through which public	44732
assistance was received.	44733

(2) The auditor of state and the attorney general or their	44734
designees may examine any records, whether in computer or printed	44735
format, in the possession of the director of job and family	44736
services or any county director of job and family services. They	44737
shall provide safeguards which restrict access to such records to	44738
purposes directly connected with an audit or investigation,	44739
prosecution, or criminal or civil proceeding conducted in	44740
connection with the administration of the programs and shall	44741
comply with the rules of the director of job and family services	44742
restricting the disclosure of information regarding recipients of	44743
public assistance. Any person who violates this provision shall	44744
thereafter be disqualified from acting as an agent or employee or	44745
in any other capacity under appointment or employment of any state	44746
board, commission, or agency.	44747

(3) Costs incurred by the auditor of state in carrying out	44748
the auditor of state's duties under this division shall be borne	44749
by the auditor of state.	44750

Sec. 5101.21. (A) As used in this section, "county signer"	44751
means all of the following:	44752

(1) A board of county commissioners;

44753

(2) A county children services board appointed under section	44754
5153.03 of the Revised Code if required by division (B) of this	44755
section to enter into a fiscal agreement;	44756

(3) A county elected official that is a child support	44757
enforcement agency if required by division (B) of this section to	44758
enter into a fiscal agreement.	44759

(B) The director of job and family services may enter into	44760
one or more written fiscal agreements with boards of county	44761
commissioners under which financial assistance is awarded for	44762
family services duties included in the agreements. Boards of	44763
county commissioners shall select which family services duties to	44764
include in a fiscal agreement. If a board of county commissioners	44765
elects to include family services duties of a public children	44766
services agency and a county children services board appointed	44767
under section 5153.03 of the Revised Code serves as the county's	44768
public children services agency, the board of county commissioners	44769
and county children services board shall jointly enter into the	44770
fiscal agreement with the director. If a board of county	44771
commissioners elects to include family services duties of a child	44772
support enforcement agency and the entity designated under former	44773
section 2301.35 of the Revised Code prior to October 1, 1997, or	44774
designated under section 307.981 of the Revised Code as the	44775
county's child support enforcement agency is an elected official	44776
of the county, the board of county commissioners and county	44777
elected official shall jointly enter into the fiscal agreement	44778
with the director. A fiscal agreement shall do all of the	44779
following:	44780

(1) Specify the family services duties included in the	44781
agreement and the private and government entities designated under	44782
section 307.981 of the Revised Code to serve as the county family	44783
services agencies performing the family services duties;	44784

(2) Provide for the department of job and family services to	44785
award financial assistance for the family services duties included	44786
in the agreement in accordance with a methodology for determining	44787
the amount of the award established by rules adopted under	44788
division (D) of this section;	44789

(3) Specify the form of the award of financial assistance	44790
which may be an allocation, cash draw, reimbursement, property,	44791
or, to the extent authorized by an appropriation made by the	44792
general assembly and to the extent practicable and not in conflict	44793
with a federal or state law, a consolidated funding allocation for	44794
two or more family services duties included in the agreement;	44795

(4) Provide that the award of financial assistance is subject	44796
to the availability of federal funds and appropriations made by	44797
the general assembly;	44798

(5) Specify annual financial, administrative, or other	44799
incentive awards, if any, to be provided in accordance with	44800
section 5101.23 of the Revised Code;	44801

(6) Include the assurance of each county signer that the	44802
county signer will do all of the following:	44803

(a) Ensure that the financial assistance awarded under the	44804
agreement is used, and the family services duties included in the	44805
agreement are performed, in accordance with requirements for the	44806
duties established by the department, a federal or state law, or	44807
any of the following that concern the family services duties	44808
included in the fiscal agreement and are published under section	44809
5101.212 of the Revised Code: state plans for receipt of federal	44810
financial participation, grant agreements between the department	44811
and a federal agency, and executive orders issued by the governor;	44812

(b) Ensure that the board and county family services agencies	44813
utilize a financial management system and other accountability	44814
mechanisms for the financial assistance awarded under the	44815
agreement that meet requirements the department establishes;	44816

(c) Require the county family services agencies to do both of	44817
the following:	44818

(i) Monitor all private and government entities that receive	44819
a payment from financial assistance awarded under the agreement to	44820
ensure that each entity uses the payment in accordance with	44821
requirements for the family services duties included in the	44822
agreement;	44823

(ii) Take action to recover payments that are not used in	44824
accordance with the requirements for the family services duties	44825
included in the agreement.	44826

(d) Require county family services agencies to promptly	44827
reimburse the department the amount that represents the amount an	44828
agency is responsible for, pursuant to action the department takes	44829
under division (C) of section 5101.24 of the Revised Code, of	44830
funds the department pays to any entity because of an adverse	44831
audit finding, adverse quality control finding, final disallowance	44832
of federal financial participation, or other sanction or penalty;	44833

(e) Require county family services agencies to take prompt	44834
corrective action, including paying amounts resulting from an	44835
adverse finding, sanction, or penalty, if the department, auditor	44836
of state, federal agency, or other entity authorized by federal or	44837
state law to determine compliance with requirements for a family	44838
services duty included in the agreement determines compliance has	44839
not been achieved;	44840

~~(f) If the department establishes a consolidated funding~~	44841
~~allocation for two or more family services duties included in the~~	44842
~~agreement, require the county family services agencies to use~~	44843
~~funds available in the consolidated funding allocation only for~~	44844
~~the purpose for which the funds are appropriated~~.	44845

(7) Provide for the department taking action pursuant to	44846
division (C) of section 5101.24 of the Revised Code if authorized	44847
by division (B)(1), (2), (3), or (4) of that section;	44848

(8) Provide for timely audits required by federal and state	44849
law and require prompt release of audit findings and prompt action	44850
to correct problems identified in an audit;	44851

(9) Comply with all of the requirements for the family	44852
services duties that are included in the agreement and have been	44853
established by the department, federal or state law, or any of the	44854
following that concern the family services duties included in the	44855
fiscal agreement and are published under section 5101.212 of the	44856
Revised Code: state plans for receipt of federal financial	44857
participation, grant agreements between the department and a	44858
federal agency, and executive orders issued by the governor;	44859

(10) Provide for dispute resolution procedures in accordance	44860
with section 5101.24 of the Revised Code;	44861

(11) Establish the method of amending or terminating the	44862
agreement and an expedited process for correcting terms or	44863
conditions of the agreement that the director and each county	44864
signer agree are erroneous;	44865

(12) Except as provided in rules adopted under division (D)	44866
of this section, begin on the first day of July of an odd-numbered	44867
year and end on the last day of June of the next odd-numbered	44868
year.	44869

(C) The department shall make payments authorized by a fiscal	44870
agreement on vouchers it prepares and may include any funds	44871
appropriated or allocated to it for carrying out family services	44872
duties included in the agreement, including funds for personal	44873
services and maintenance.	44874

(D)(1) The director shall adopt rules in accordance with	44875
section 111.15 of the Revised Code governing fiscal agreements.	44876
The director shall adopt the rules as if they were internal	44877
management rules. Before adopting the rules, the director shall	44878
give the public an opportunity to review and comment on the	44879
proposed rules. The rules shall establish methodologies to be used	44880
to determine the amount of financial assistance to be awarded	44881
under the agreements. The rules also shall establish terms and	44882
conditions under which an agreement may be entered into after the	44883
first day of July of an odd-numbered year. The rules may do any or	44884
all of the following:	44885

(a) ~~Govern the establishment of consolidated funding~~	44886
~~allocations and specify the time period for which a consolidated~~	44887
~~funding allocation is to be provided if the effective date of the~~	44888
~~agreement is after the first day of July of an odd-numbered year,~~	44889
~~which may include a time period before the effective date of the~~	44890
~~agreement;~~	44891

~~(b)~~ Govern the establishment of ~~other~~ allocations;

44892

~~(c)~~(b) Specify allowable uses of financial assistance awarded	44893
under the agreements;	44894

~~(d)~~(c) Establish reporting, cash management, audit, and other	44895
requirements the director determines are necessary to provide	44896
accountability for the use of financial assistance awarded under	44897
the agreements and determine compliance with requirements	44898
established by the department, a federal or state law, or any of	44899
the following that concern the family services duties included in	44900
the agreements and are published under section 5101.212 of the	44901
Revised Code: state plans for receipt of federal financial	44902
participation, grant agreements between the department and a	44903
federal entity, and executive orders issued by the governor.	44904

(2) A requirement of a fiscal agreement established by a rule	44905
adopted under this division is applicable to a fiscal agreement	44906
without having to be restated in the fiscal agreement.	44907

Sec. 5101.241. (A) As used in this section:

44908

(1) "Local area" and "chief elected official" have the same	44909
meaning as in section 5101.20 of the Revised Code.	44910

(2) "Responsible entity" means the chief elected officials of	44911
a local area.	44912

(B) The department of job and family services may take action	44913
under division (C) of this section against the responsible entity,	44914
regardless of who performs the workforce development activity, if	44915
the department determines any of the following are the case:	44916

(1) A requirement of a grant agreement entered into under	44917
section 5101.20 of the Revised Code that includes the workforce	44918
development activity, including a requirement for grant agreements	44919
established by rules adopted under that section, is not complied	44920
with;	44921

(2) A performance standard for the workforce development	44922
activity established by the federal government or the department	44923
is not met;	44924

(3) A requirement for the workforce development activity	44925
established by the department or any of the following is not	44926
complied with: a federal or state law, state plan for receipt of	44927
federal financial participation, grant agreement between the	44928
department and a federal agency, or executive order;	44929

(4) The responsible entity is solely or partially	44930
responsible, as determined by the director of job and family	44931
services, for an adverse audit finding, adverse quality control	44932
finding, final disallowance of federal financial participation, or	44933
other sanction or penalty regarding the workforce development	44934
activity.	44935

(C) The department may take one or more of the following	44936
actions against the responsible entity when authorized by division	44937
(B)(1), (2), (3), or (4) of this section:	44938

(1) Require the responsible entity to submit to and comply	44939
with a corrective action plan, established or approved by the	44940
department, pursuant to a time schedule specified by the	44941
department;	44942

(2) Require the responsible entity to do one of the	44943
following:	44944

(a) Share with the department a final disallowance of federal	44945
financial participation or other sanction or penalty;	44946

(b) Reimburse the department the amount the department pays	44947
to the federal government or another entity that represents the	44948
amount the responsible entity is responsible for of an adverse	44949
audit finding, adverse quality control finding, final disallowance	44950
of federal financial participation, or other sanction or penalty	44951
issued by the federal government, auditor of state, or other	44952
entity;	44953

(c) Pay the federal government or another entity the amount	44954
that represents the amount the responsible entity is responsible	44955
for of an adverse audit finding, adverse quality control finding,	44956
final disallowance of federal financial participation, or other	44957
sanction or penalty issued by the federal government, auditor of	44958
state, or other entity;	44959

(d) Pay the department the amount that represents the amount	44960
the responsible entity is responsible for of an adverse audit	44961
finding, adverse quality control finding, or other sanction or	44962
penalty issued by the department.	44963

(3) Impose a financial or administrative sanction or adverse	44964
audit finding issued by the department against the responsible	44965
entity, which may be increased with each subsequent action taken	44966
against the responsible entity.;	44967

(4) Perform or contract with a government or private entity	44968
for the entity to perform the workforce development activity until	44969
the department is satisfied that the responsible entity ensures	44970
that the activity will be performed to the department's	44971
satisfaction. If the department performs or contracts with an	44972
entity to perform the workforce development activity under	44973
division (C)(4) of this section, the department may withhold funds	44974
allocated to or reimbursements due to the responsible entity for	44975
the activity and use those funds to implement division (C)(4) of	44976
this section.	44977

(5) Request the attorney general to bring mandamus	44978
proceedings to compel the responsible entity to take or cease the	44979
actions listed in division (B) of this section. The attorney	44980
general shall bring any mandamus proceedings in the Franklin	44981
county court of appeals at the department's request.	44982

(6) If the department takes action under this division	44983
because of division (B)(3) of this section, withhold funds	44984
allocated or reimbursement due to the responsible entity until the	44985
department determines that the responsible entity is in compliance	44986
with the requirement. The department shall release the funds when	44987
the department determines that compliance has been achieved.	44988

(7) Issue a notice of intent to revoke approval of all or	44989
part of the local plan effected that conflicts with state or	44990
federal law and effectuate the revocation.	44991

(D) The department shall notify the responsible entity and	44992
the appropriate county auditor when the department proposes to	44993
take action under division (C) of this section. The notice shall	44994
be in writing and specify the action the department proposes to	44995
take. The department shall send the notice by regular United	44996
States mail. Except as provided in division (E) of this section,	44997
the responsible entity may request an administrative review of a	44998
proposed action in accordance with administrative review	44999
procedures the department shall establish. The administrative	45000
review procedures shall comply with all of the following:	45001

(1) A request for an administrative review shall state	45002
specifically all of the following:	45003

(a) The proposed action specified in the notice from the	45004
department for which the review is requested;	45005

(b) The reason why the responsible entity believes the	45006
proposed action is inappropriate;	45007

(c) All facts and legal arguments that the responsible entity	45008
wants the department to consider;	45009

(d) The name of the person who will serve as the responsible	45010
entity's representative in the review.	45011

(2) If the department's notice specifies more than one	45012
proposed action and the responsible entity does not specify all of	45013
the proposed actions in its request pursuant to division (D)(1)(a)	45014
of this section, the proposed actions not specified in the request	45015
shall not be subject to administrative review and the parts of the	45016
notice regarding those proposed actions shall be final and binding	45017
on the responsible entity.	45018

(3) ~~In the case of a proposed action under division (C)(1) of~~	45019
~~this section, the~~The responsible entity shall have fifteen	45020
calendar days after the department mails the notice to the	45021
responsible entity to send a written request to the department for	45022
an administrative review. ~~If it receives such a request within the~~	45023
~~required time, the department shall postpone taking action under~~	45024
~~division (C)(1) of this section for fifteen calendar days~~	45025
~~following the day it receives the request to allow a~~	45026
~~representative of the department and a representative of the~~	45027
~~responsible entity an informal opportunity to resolve any dispute~~	45028
~~during that fifteen-day period.~~The responsible entity and the	45029
department shall attempt to resolve informally any dispute and may	45030
develop a written resolution to the dispute at any time prior to	45031
submitting the written report described in division (D)(7) of this	45032
section to the director.	45033

(4) ~~In the case of a proposed action under division (C)(2),~~	45034
~~(3), or (4) of this section, the responsible entity shall have~~	45035
~~thirty calendar days after the department mails the notice to the~~	45036
~~responsible entity to send a written request to the department for~~	45037
~~an administrative review. If it receives such a request within the~~	45038
~~required time, the department shall postpone taking action under~~	45039
~~division (C)(2), (3), or (4) of this section for thirty calendar~~	45040
~~days following the day it receives the request to allow a~~	45041
~~representative of the department and a representative of the~~	45042
~~responsible entity an informal opportunity to resolve any dispute~~	45043
~~during that thirty-day period.~~	45044

~~(5)~~ In the case of a proposed action under division (C)(2) of	45045
this section, the responsible entity may not include in its	45046
request disputes over a finding, final disallowance of federal	45047
financial participation, or other sanction or penalty issued by	45048
the federal government, auditor of state, or other entity other	45049
than the department.	45050

~~(6)~~(5) If the responsible entity fails to request an	45051
administrative review within the required time, the responsible	45052
entity loses the right to request an administrative review of the	45053
proposed actions specified in the notice and the notice becomes	45054
final and binding on the responsible entity.	45055

~~(7) If the informal opportunity provided in division (D)(3)~~	45056
~~or (4) of this section does not result in a written resolution to~~	45057
~~the dispute, the~~(6) The director of job and family services shall	45058
appoint an administrative review panel to conduct the	45059
administrative review. The review panel shall consist of	45060
department employees who are not involved in the department's	45061
proposal to take action against the responsible entity. The review	45062
panel shall review the responsible entity's request. The review	45063
panel may require that the department or responsible entity submit	45064
additional information and schedule and conduct an informal	45065
hearing to obtain testimony or additional evidence. A review of a	45066
proposal to take action under division (C)(2) of this section	45067
shall be limited solely to the issue of the amount the responsible	45068
entity shall share with the department, reimburse the department,	45069
or pay to the federal government, department, or other entity	45070
under division (C)(2) of this section. The review panel is not	45071
required to make a stenographic record of its hearing or other	45072
proceedings.	45073

~~(8)~~(7) After finishing an administrative review, an	45074
administrative review panel appointed under division (D)~~(7)~~(6) of	45075
this section shall submit a written report to the director setting	45076
forth its findings of fact, conclusions of law, and	45077
recommendations for action. The director may approve, modify, or	45078
disapprove the recommendations. ~~If the director modifies or~~	45079
~~disapproves the recommendations, the director shall state the~~	45080
~~reasons for the modification or disapproval and the actions to be~~	45081
~~taken against the responsible entity.~~	45082

~~(9)~~(8) The director's approval, modification, or disapproval	45083
under division (D)~~(8)~~(7) of this section shall be final and	45084
binding on the responsible entity and shall not be subject to	45085
further ~~departmental~~ review.	45086

(E) The responsible entity is not entitled to an	45087
administrative review under division (D) of this section for any	45088
of the following:	45089

(1) An action taken under division (C)(5) or (6) of this	45090
section;	45091

(2) An action taken under section 5101.242 of the Revised	45092
Code;	45093

(3) An action taken under division (C)(2) of this section if	45094
the federal government, auditor of state, or entity other than the	45095
department has identified the responsible entity as being solely	45096
or partially responsible for an adverse audit finding, adverse	45097
quality control finding, final disallowance of federal financial	45098
participation, or other sanction or penalty;	45099

(4) An adjustment to an allocation, cash draw, advance, or	45100
reimbursement to the responsible entity's local area that the	45101
department determines necessary for budgetary reasons;	45102

(5) Withholding of a cash draw or reimbursement due to	45103
noncompliance with a reporting requirement established in rules	45104
adopted under section 5101.243 of the Revised Code.	45105

(F) This section does not apply to other actions the	45106
department takes against the responsible entity pursuant to	45107
authority granted by another state law unless the other state law	45108
requires the department to take the action in accordance with this	45109
section.	45110

(G) The director of job and family services may adopt rules	45111
in accordance with Chapter 119. of the Revised Code as necessary	45112
to implement this section.	45113

(H) The governor may decertify a local workforce development	45114
board for any of the following reasons in accordance with	45115
subsection (e) of section 117 of the "Workforce Investment Act of	45116
1998" 112 Stat. 936, 29 U.S.C. 2801, as amended:	45117

(1) Fraud or abuse;

45118

(2) Failure to carry out the requirements of the federal	45119
"Workforce Investment Act," 112 Stat. 936, 29 U.S.C. 2801, as	45120
amended, including failure to meet performance standards	45121
established by the federal government for two consecutive years.	45122

If the governor finds that access to basic "Workforce	45123
Investment Act" services is not being provided in a local area,	45124
the governor may declare an emergency and, in consultation with	45125
the chief elected officials of the local area affected, arrange	45126
for provision of these services through an alternative entity	45127
during the time period in which resolution of the problem	45128
preventing service delivery in the local area is pending. An	45129
action taken by the governor pursuant to this section is not	45130
subject to appeal under this section.	45131

Sec. 5101.244. If a county family services agency submits an	45132
expenditure report to the department of job and family services,	45133
the department makes a payment to the agency based on the report,	45134
and the department subsequently determines that the payment	45135
exceeds the allowable amount for the expenditure, the department	45136
may adjust, offset, withhold, or reduce an allocation, cash draw,	45137
advance, reimbursement, or other financial assistance to the	45138
agency as necessary to recover the amount of the excess payment	45139
made to the agency. The department is not required to make the	45140
adjustment, offset, withholding, or reduction in accordance with	45141
section 5101.24 of the Revised Code.	45142

The director of job and family services may adopt rules under	45143
section 111.15 of the Revised Code as necessary to implement this	45144
section. The director shall adopt the rules as if they were	45145
internal management rules.	45146

Sec. 5101.26. As used in this section and in sections	45147
5101.27 to 5101.30 of the Revised Code:	45148

(A) "County agency" means a county department of job and	45149
family services or a public children services agency.	45150

(B) "Fugitive felon" means an individual who is fleeing to	45151
avoid prosecution, or custody or confinement after conviction,	45152
under the laws of the place from which the individual is fleeing,	45153
for a crime or an attempt to commit a crime that is a felony under	45154
the laws of the place from which the individual is fleeing or, in	45155
the case of New Jersey, a high misdemeanor, regardless of whether	45156
the individual has departed from the individual's usual place of	45157
residence.	45158

(C) "Information" means records as defined in section 149.011	45159
of the Revised Code, any other documents in any format, and data	45160
derived from records and documents that are generated, acquired,	45161
or maintained by the department of job and family services, a	45162
county agency, or an entity performing duties on behalf of the	45163
department or a county agency.	45164

(D) "Law enforcement agency" means the state highway patrol,	45165
an agency that employs peace officers as defined in section 109.71	45166
of the Revised Code, the adult parole authority, a county	45167
department of probation, a prosecuting attorney, the attorney	45168
general, similar agencies of other states, federal law enforcement	45169
agencies, and postal inspectors. "Law enforcement agency" includes	45170
the peace officers and other law enforcement officers employed by	45171
the agency.	45172

(E) "Medical assistance provided under a public assistance	45173
program" means medical assistance provided under the programs	45174
established under sections 5101.49, 5101.50 to 5101.503, and	45175
5101.51 to 5101.5110, ~~Chapters~~Chapter 5111. ~~and 5115.~~, or any	45176
other provision of the Revised Code.	45177

(F) "Public assistance" means financial assistance, medical	45178
assistance, or social services provided under a program	45179
administered by the department of job and family services or a	45180
county agency pursuant to Chapter 329., 5101., 5104., 5107.,	45181
5108., 5111., or 5115. of the Revised Code or an executive order	45182
issued under section 107.17 of the Revised Code.	45183

(G) "Public assistance recipient" means an applicant for or	45184
recipient or former recipient of public assistance.	45185

Sec. 5101.31. Any record, data, pricing information, or other	45186
information regarding a drug rebate agreement or a supplemental	45187
drug rebate agreement for the medicaid program established under	45188
Chapter 5111. of the Revised Code ~~or the disability medical~~	45189
~~assistance program established under section 5115.10 of the~~	45190
~~Revised Code~~ that the department of job and family services	45191
receives from a pharmaceutical manufacturer or creates pursuant to	45192
negotiation of the agreement is not a public record under section	45193
149.43 of the Revised Code and shall be treated by the department	45194
as confidential information.	45195

Sec. 5101.35. (A) As used in this section:

45196

(1) "Agency" means the following entities that administer a	45197
family services program:	45198

(a) The department of job and family services;

45199

(b) A county department of job and family services;

45200

45201

(d) A private or government entity administering, in whole or	45202
in part, a family services program for or on behalf of the	45203
department of job and family services or a county department of	45204
job and family services or public children services agency.	45205

(2) "Appellant" means an applicant, participant, former	45206
participant, recipient, or former recipient of a family services	45207
program who is entitled by federal or state law to a hearing	45208
regarding a decision or order of the agency that administers the	45209
program.	45210

(3) "Family services program" means assistance provided under	45211
a Title IV-A program as defined in section 5101.80 of the Revised	45212
Code or under Chapter 5104., 5111., or 5115. or section 173.35,	45213
5101.141, 5101.46, 5101.461, 5101.54, 5153.163, or 5153.165 of the	45214
Revised Code, other than assistance provided under section 5101.46	45215
of the Revised Code by the department of mental health, the	45216
department of mental retardation and developmental disabilities, a	45217
board of alcohol, drug addiction, and mental health services, or a	45218
county board of mental retardation and developmental disabilities.	45219

(B) Except as provided by division (G) of this section, an	45220
appellant who appeals under federal or state law a decision or	45221
order of an agency administering a family services program shall,	45222
at the appellant's request, be granted a state hearing by the	45223
department of job and family services. This state hearing shall be	45224
conducted in accordance with rules adopted under this section. The	45225
state hearing shall be tape-recorded, but neither the recording	45226
nor a transcript of the recording shall be part of the official	45227
record of the proceeding. A state hearing decision is binding upon	45228
the agency and department, unless it is reversed or modified on	45229
appeal to the director of job and family services or a court of	45230
common pleas.	45231

(C) Except as provided by division (G) of this section, an	45232
appellant who disagrees with a state hearing decision may make an	45233
administrative appeal to the director of job and family services	45234
in accordance with rules adopted under this section. This	45235
administrative appeal does not require a hearing, but the director	45236
or the director's designee shall review the state hearing decision	45237
and previous administrative action and may affirm, modify, remand,	45238
or reverse the state hearing decision. Any person designated to	45239
make an administrative appeal decision on behalf of the director	45240
shall have been admitted to the practice of law in this state. An	45241
administrative appeal decision is the final decision of the	45242
department and is binding upon the department and agency, unless	45243
it is reversed or modified on appeal to the court of common pleas.	45244

(D) An agency shall comply with a decision issued pursuant to	45245
division (B) or (C) of this section within the time limits	45246
established by rules adopted under this section. If a county	45247
department of job and family services or a public children	45248
services agency fails to comply within these time limits, the	45249
department may take action pursuant to section 5101.24 of the	45250
Revised Code. If another agency fails to comply within the time	45251
limits, the department may force compliance by withholding funds	45252
due the agency or imposing another sanction established by rules	45253
adopted under this section.	45254

(E) An appellant who disagrees with an administrative appeal	45255
decision of the director of job and family services or the	45256
director's designee issued under division (C) of this section may	45257
appeal from the decision to the court of common pleas pursuant to	45258
section 119.12 of the Revised Code. The appeal shall be governed	45259
by section 119.12 of the Revised Code except that:	45260

(1) The person may appeal to the court of common pleas of the	45261
county in which the person resides, or to the court of common	45262
pleas of Franklin county if the person does not reside in this	45263
state.	45264

(2) The person may apply to the court for designation as an	45265
indigent and, if the court grants this application, the appellant	45266
shall not be required to furnish the costs of the appeal.	45267

(3) The appellant shall mail the notice of appeal to the	45268
department of job and family services and file notice of appeal	45269
with the court within thirty days after the department mails the	45270
administrative appeal decision to the appellant. For good cause	45271
shown, the court may extend the time for mailing and filing notice	45272
of appeal, but such time shall not exceed six months from the date	45273
the department mails the administrative appeal decision. Filing	45274
notice of appeal with the court shall be the only act necessary to	45275
vest jurisdiction in the court.	45276

(4) The department shall be required to file a transcript of	45277
the testimony of the state hearing with the court only if the	45278
court orders the department to file the transcript. The court	45279
shall make such an order only if it finds that the department and	45280
the appellant are unable to stipulate to the facts of the case and	45281
that the transcript is essential to a determination of the appeal.	45282
The department shall file the transcript not later than thirty	45283
days after the day such an order is issued.	45284

(F) The department of job and family services shall adopt	45285
rules in accordance with Chapter 119. of the Revised Code to	45286
implement this section, including rules governing the following:	45287

(1) State hearings under division (B) of this section. The	45288
rules shall include provisions regarding notice of eligibility	45289
termination and the opportunity of an appellant appealing a	45290
decision or order of a county department of job and family	45291
services to request a county conference with the county department	45292
before the state hearing is held.	45293

(2) Administrative appeals under division (C) of this	45294
section;	45295

(3) Time limits for complying with a decision issued under	45296
division (B) or (C) of this section;	45297

(4) Sanctions that may be applied against an agency under	45298
division (D) of this section.	45299

(G) The department of job and family services may adopt rules	45300
in accordance with Chapter 119. of the Revised Code establishing	45301
an appeals process for an appellant who appeals a decision or	45302
order regarding a Title IV-A program identified under division	45303
(A)~~(3)~~(4)(c) or, (d), (e), or (f) of section 5101.80 of the	45304
Revised Code that is different from the appeals process	45305
established by this section. The different appeals process may	45306
include having a state agency that administers the Title IV-A	45307
program pursuant to an interagency agreement entered into under	45308
section 5101.801 of the Revised Code administer the appeals	45309
process.	45310

(H) The requirements of Chapter 119. of the Revised Code	45311
apply to a state hearing or administrative appeal under this	45312
section only to the extent, if any, specifically provided by rules	45313
adopted under this section.	45314

Sec. 5101.36. Any application for public assistance gives a	45315
right of subrogation to the department of job and family services	45316
for any workers' compensation benefits payable to a person who is	45317
subject to a support order, as defined in section 3119.01 of the	45318
Revised Code, on behalf of the applicant, to the extent of any	45319
public assistance payments made on the applicant's behalf. If the	45320
director of job and family services, in consultation with a child	45321
support enforcement agency and the administrator of the bureau of	45322
workers' compensation, determines that a person responsible for	45323
support payments to a recipient of public assistance is receiving	45324
workers' compensation, the director shall notify the administrator	45325
of the amount of the benefit to be paid to the department of job	45326
and family services.	45327

For purposes of this section, "public assistance" means	45328
medical assistance provided through the medical assistance program	45329
established under section 5111.01 of the Revised Code; Ohio works	45330
first provided under Chapter 5107. of the Revised Code;	45331
prevention, retention, and contingency benefits and services	45332
provided under Chapter 5108. of the Revised Code; disability	45333
financial assistance provided under Chapter 5115. of the Revised	45334
Code; or disability medical assistance provided under former	45335
Chapter 5115. of the Revised Code.	45336

Sec. 5101.46. (A) As used in this section:

45337

(1) "Title XX" means Title XX of the "Social Security Act,"	45338
88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as amended.	45339

(2) "Respective local agency" means, with respect to the	45340
department of job and family services, a county department of job	45341
and family services; with respect to the department of mental	45342
health, a board of alcohol, drug addiction, and mental health	45343
services; and with respect to the department of mental retardation	45344
and developmental disabilities, a county board of mental	45345
retardation and developmental disabilities.	45346

(3) "Federal poverty guidelines" means the poverty guidelines	45347
as revised annually by the United States department of health and	45348
human services in accordance with section 673(2) of the "Omnibus	45349
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C.A.	45350
9902, as amended, for a family size equal to the size of the	45351
family of the person whose income is being determined.	45352

(B) The departments of job and family services, mental	45353
health, and mental retardation and developmental disabilities,	45354
with their respective local agencies, shall administer the	45355
provision of social services funded through grants made under	45356
Title XX. The social services furnished with Title XX funds shall	45357
be directed at the following goals:	45358

(1) Achieving or maintaining economic self-support to	45359
prevent, reduce, or eliminate dependency;	45360

(2) Achieving or maintaining self-sufficiency, including	45361
reduction or prevention of dependency;	45362

(3) Preventing or remedying neglect, abuse, or exploitation	45363
of children and adults unable to protect their own interests, or	45364
preserving, rehabilitating, or reuniting families;	45365

(4) Preventing or reducing inappropriate institutional care	45366
by providing for community-based care, home-based care, or other	45367
forms of less intensive care;	45368

(5) Securing referral or admission for institutional care	45369
when other forms of care are not appropriate, or providing	45370
services to individuals in institutions.	45371

(C)(1) All federal funds received under Title XX shall be	45372
appropriated as follows:	45373

(a) Seventy-two and one-half per cent to the department of	45374
job and family services;	45375

(b) Twelve and ninety-three one-hundreths per cent to the	45376
department of mental health;	45377

(c) Fourteen and fifty-seven one-hundreths per cent to the	45378
department of mental retardation and developmental disabilities.	45379

(2) Each state department shall, subject to the approval of	45380
the controlling board, develop formulas for the distribution of	45381
their Title XX appropriations to their respective local agencies.	45382
The formulas shall take into account the total population of the	45383
area that is served by the agency, the percentage of the	45384
population in the area that falls below the federal poverty	45385
guidelines, and the agency's history of and ability to utilize	45386
Title XX funds.	45387

(3) Each of the state departments shall expend no more than	45388
three per cent of its Title XX appropriation for state	45389
administrative costs. Each of the department's respective local	45390
agencies shall expend no more than fourteen per cent of its Title	45391
XX appropriation for local administrative costs.	45392

(4) The department of job and family services shall expend no	45393
more than two per cent of its Title XX appropriation for the	45394
training of the following:	45395

(a) Employees of county departments of job and family	45396
services;	45397

(b) Providers of services under contract with the state	45398
departments' respective local agencies;	45399

(c) Employees of a public children services agency directly	45400
engaged in providing Title XX services.	45401

(D) The department of job and family services shall prepare a	45402
biennial comprehensive Title XX social services plan on the	45403
intended use of Title XX funds. The department shall develop a	45404
method for obtaining public comment during the development of the	45405
plan and following its completion.	45406

For each state fiscal year, the department of job and family	45407
services shall prepare a report on the actual use of Title XX	45408
funds. The department shall make the annual report available for	45409
public inspection.	45410

The departments of mental health and mental retardation and	45411
developmental disabilities shall prepare and submit to the	45412
department of job and family services the portions of each	45413
biennial plan and annual report that apply to services for mental	45414
health and mental retardation and developmental disabilities. Each	45415
respective local agency of the three state departments shall	45416
submit information as necessary for the preparation of biennial	45417
plans and annual reports.	45418

(E) Each county department shall adopt a county profile for	45419
the administration and provision of Title XX social services in	45420
the county. In developing its county profile, the county	45421
department shall take into consideration the comments and	45422
recommendations received from the public by the county family	45423
services planning committee pursuant to section 329.06 of the	45424
Revised Code. As part of its preparation of the county profile,	45425
the county department may prepare a local needs report analyzing	45426
the need for Title XX social services.	45427

The county department shall submit the county profile to the	45428
board of county commissioners for its review. Once the county	45429
profile has been approved by the board, the county department	45430
shall file a copy of the county profile with the department of job	45431
and family services. The department shall approve the county	45432
profile if the department determines the profile provides for the	45433
Title XX social services to meet the goals specified in division	45434
(B) of this section.	45435

(F) ~~Not less often than every two years, the departments of~~	45436
~~job and family services, mental health, and mental retardation and~~	45437
~~developmental disabilities each shall commission an entity~~	45438
~~independent of itself to conduct an audit of its Title XX~~	45439
~~expenditures in accordance with generally accepted auditing~~	45440
~~principles. Within thirty days following the completion of its~~	45441
~~audit, each department shall submit a copy of the audit to the~~	45442
~~general assembly and to the United States secretary of health and~~	45443
~~human services.~~	45444

~~(G)~~ Any of the three state departments and their respective	45445
local agencies may require that an entity under contract to	45446
provide social services with Title XX funds submit to an audit on	45447
the basis of alleged misuse or improper accounting of funds. ~~The~~	45448
If an audit is required, the social services provider shall	45449
reimburse the state department or local agency for the cost it	45450
incurred in conducting the audit or having the audit conducted.	45451

If an audit demonstrates that a social services provider is	45452
responsible for one or more adverse findings, the provider shall	45453
reimburse the appropriate state department or its respective local	45454
agency the amount of the adverse findings. The amount shall not be	45455
reimbursed with Title XX funds received under this section. The	45456
three state departments and their respective local agencies may	45457
terminate or refuse to enter into a Title XX contract with a	45458
~~provider of~~ social services provider if there are adverse findings	45459
in an audit that are the responsibility of the provider. ~~The~~	45460
~~amount of any adverse findings shall not be reimbursed with Title~~	45461
~~XX funds. The cost of conducting an audit shall be reimbursed~~	45462
~~under a subsequent or amended Title XX contract with the provider.~~	45463

~~(H) If federal funds received by the department of job and~~	45464
~~family services for use under Chapters 5107. and 5108. of the~~	45465
~~Revised Code are transferred by the controlling board for use in~~	45466
~~providing social services under this section, the distribution and~~	45467
~~use of the funds are not subject to the provisions of division (C)~~	45468
~~of this section. The department may do one or both of the~~	45469
~~following with the funds:~~	45470

~~(1) Distribute the funds to the county departments of job and~~	45471
~~family services;~~	45472

~~(2) Use the funds for services that benefit individuals~~	45473
~~eligible for services consistent with the principles of Title IV-A~~	45474
~~of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.~~	45475
~~301, as amended.~~	45476

~~(I) Except for the authority to adopt rules under division~~	45477
~~(J) of this section as necessary to carry out this division, this~~	45478
~~section does not apply to any distribution by the department of~~	45479
~~job and family services of funds for reimbursement of allowable~~	45480
~~Title XX expenditures when the funds for the reimbursement are~~	45481
~~received from a federal funding source other than Title XX.~~	45482

~~(J)~~(G) The department of job and family services may adopt	45483
rules ~~necessary~~ to implement and carry out the purposes of this	45484
section. Rules ~~adopted under this division shall be adopted in~~	45485
~~accordance with Chapter 119. of the Revised Code, unless they are~~	45486
~~internal management rules governing fiscal and administrative~~	45487
~~matters. Internal~~governing financial and operational matters of	45488
the department or matters between the department and county	45489
departments of job and family services shall be adopted as	45490
internal management rules ~~may be adopted~~ in accordance with	45491
section 111.15 of the Revised Code. Rules governing eligibility	45492
for services, program participation, and other matters pertaining	45493
to applicants and participants shall be adopted in accordance with	45494
Chapter 119. of the Revised Code.	45495

Sec. 5101.461. (A) As used in this section:

45496

(1) "Title IV-A" means Title IV-A of the "Social Security	45497
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	45498

(2) "Title XX" has the same meaning as in section 5101.46 of	45499
the Revised Code.	45500

(B) To the extent authorized by federal law, the department	45501
of job and family services may use funds received through the	45502
Title IV-A temporary assistance for needy families block grant for	45503
purposes of providing Title XX social services. The amount used	45504
under this section shall not exceed the maximum amount permitted	45505
by federal law. The funds and provision of Title XX social	45506
services with the funds are not subject to section 5101.46 of the	45507
Revised Code.	45508

(C) The department and any county department of job and	45509
family services may require an entity under contract to provide	45510
Title XX social services with funds used under this section to	45511
submit to an audit on the basis of alleged misuse or improper	45512
accounting of funds. If an audit is required, the social services	45513
provider shall reimburse the state department or county department	45514
for the cost it incurred in conducting the audit or having the	45515
audit conducted.	45516

If an audit demonstrates that a social services provider is	45517
responsible for one or more adverse findings, the provider shall	45518
reimburse the state department or county department the amount of	45519
the adverse findings. The amount shall not be reimbursed with	45520
funds received under this section. The state department and county	45521
departments may terminate or refuse to enter into a contract with	45522
a social services provider to provide services with funds	45523
available pursuant to this section if there are adverse findings	45524
in an audit that are the responsibility of the provider.	45525

(D) The state department of job and family services may adopt	45526
rules to implement and carry out the purposes of this section.	45527
Rules governing financial and operational matters of the	45528
department or matters between the department and county	45529
departments of job and family services shall be adopted as	45530
internal management rules in accordance with section 111.15 of the	45531
Revised Code. Rules governing eligibility for services, program	45532
participation, and other matters pertaining to applicants and	45533
participants shall be adopted in accordance with Chapter 119. of	45534
the Revised Code.	45535

Sec. 5101.47. (A) ~~The~~Except as provided in division (B) of	45536
this section, the director of job and family services may accept	45537
applications, determine eligibility, redetermine eligibility, and	45538
perform related administrative activities for one or more of the	45539
following:	45540

(1) The medicaid program established by Chapter 5111. of the	45541
Revised Code;	45542

(2) The children's health insurance program parts I and II	45543
provided for under sections 5101.50 and 5101.51 of the Revised	45544
Code;	45545

(3) Publicly funded child care provided under Chapter 5104.	45546
of the Revised Code;	45547

(4) The food stamp program administered by the department of	45548
job and family services pursuant to section 5101.54 of the Revised	45549
Code;	45550

(5) Other programs the director determines are supportive of	45551
children, adults, or families ~~with at least one employed member~~;	45552

(6) Other programs regarding which the director determines	45553
administrative cost savings and efficiency may be achieved through	45554
the department accepting applications, determining eligibility,	45555
redetermining eligibility, or performing related administrative	45556
activities.	45557

(B) If federal law requires a face-to-face interview to	45558
complete an eligibility determination for a program specified in	45559
or pursuant to division (A) of this section, the face-to-face	45560
interview shall not be conducted by the department of job and	45561
family services.	45562

(C) Subject to division (B) of this section, if the director	45563
elects to accept applications, determine eligibility, redetermine	45564
eligibility, and perform related administrative activities for a	45565
program specified in or pursuant to division (A) of this section,	45566
both of the following apply:	45567

(1) An individual seeking services under the program may	45568
apply for the program to the director or to the entity that state	45569
law governing the program authorizes to accept applications for	45570
the program.	45571

(2) The director is subject to federal statutes and	45572
regulations and state ~~law~~statutes and rules that require, permit,	45573
or prohibit an action regarding accepting applications,	45574
determining or redetermining eligibility, and performing related	45575
administrative activities for the program.	45576

~~(C)~~(D) The director may adopt rules as necessary to implement	45577
this section.	45578

Sec. 5101.80. (A) As used in this section and in section	45579
5101.801 of the Revised Code:	45580

(1) "County family services agency" has the same meaning as	45581
in section 307.981 of the Revised Code.	45582

(2) "State agency" has the same meaning as in section 9.82 of	45583
the Revised Code.	45584

(3) "Title IV-A administrative agency" means both of the	45585
following:	45586

(a) A county family services agency or state agency	45587
administering a Title IV-A program under the supervision of the	45588
department of job and family services;	45589

(b) A government agency or private, not-for-profit entity	45590
administering a project funded in whole or in part with funds	45591
provided under the Title IV-A demonstration program created under	45592
section 5101.803 of the Revised Code.	45593

(4) "Title IV-A program" means all of the following that are	45594
funded in part with funds provided under the temporary assistance	45595
for needy families block grant established by Title IV-A of the	45596
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	45597
amended:	45598

(a) The Ohio works first program established under Chapter	45599
5107. of the Revised Code;	45600

(b) The prevention, retention, and contingency program	45601
established under Chapter 5108. of the Revised Code;	45602

(c) A program established by the general assembly or an	45603
executive order issued by the governor that is administered or	45604
supervised by the department of job and family services pursuant	45605
to section 5101.801 of the Revised Code;	45606

(d) The kinship permanency incentive program created under	45607
section 5101.802 of the Revised Code;	45608

(e) The Title IV-A demonstration program created under	45609
section 5101.803 of the Revised Code;	45610

(f) A component of a Title IV-A program identified under	45611
divisions (A)~~(3)~~(4)(a) to ~~(c)~~(e) of this section that the Title	45612
IV-A state plan prepared under division (C)(1) of this section	45613
identifies as a component.	45614

(B) The department of job and family services shall act as	45615
the single state agency to administer and supervise the	45616
administration of Title IV-A programs. The Title IV-A state plan	45617
and amendments to the plan prepared under division (C) of this	45618
section are binding on ~~county family services agencies and state~~	45619
~~agencies that administer a~~ Title IV-A ~~program~~administrative	45620
agencies. No ~~county family services agency or state agency~~	45621
~~administering a~~ Title IV-A ~~program~~administrative agency may	45622
establish, by rule or otherwise, a policy governing ~~the~~a Title	45623
IV-A program that is inconsistent with a Title IV-A program policy	45624
established, in rule or otherwise, by the director of job and	45625
family services.	45626

(C) The department of job and family services shall do all of	45627
the following:	45628

(1) Prepare and submit to the United States secretary of	45629
health and human services a Title IV-A state plan for Title IV-A	45630
programs;	45631

(2) Prepare and submit to the United States secretary of	45632
health and human services amendments to the Title IV-A state plan	45633
that the department determines necessary, including amendments	45634
necessary to implement Title IV-A programs identified in ~~division~~	45635
divisions (A)~~(3)~~(4)(c) ~~and (d)~~to (f) of this section;	45636

(3) Prescribe forms for applications, certificates, reports,	45637
records, and accounts of ~~county family services agencies and state~~	45638
~~agencies administering a~~ Title IV-A ~~program~~administrative	45639
agencies, and other matters related to Title IV-A programs;	45640

(4) Make such reports, in such form and containing such	45641
information as the department may find necessary to assure the	45642
correctness and verification of such reports, regarding Title IV-A	45643
programs;	45644

(5) Require reports and information from each ~~county family~~	45645
~~services agency and state agency administering a~~ Title IV-A	45646
~~program~~administrative agency as may be necessary or advisable	45647
regarding ~~the~~a Title IV-A program;	45648

(6) Afford a fair hearing in accordance with section 5101.35	45649
of the Revised Code to any applicant for, or participant or former	45650
participant of, a Title IV-A program aggrieved by a decision	45651
regarding the program;	45652

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	45653
and 5108. of the Revised Code and ~~section~~sections 5101.801,	45654
5101.802, and 5101.803 of the Revised Code, any sums appropriated	45655
by the general assembly for the purpose of those chapters and	45656
~~section~~sections and all sums paid to the state by the secretary	45657
of the treasury of the United States as authorized by Title IV-A	45658
of the "Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C.	45659
601, as amended;	45660

(8) Conduct investigations and audits as are necessary	45661
regarding Title IV-A programs;	45662

(9) Enter into reciprocal agreements with other states	45663
relative to the provision of Ohio works first and prevention,	45664
retention, and contingency to residents and nonresidents;	45665

(10) Contract with a private entity to conduct an independent	45666
on-going evaluation of the Ohio works first program and the	45667
prevention, retention, and contingency program. The contract must	45668
require the private entity to do all of the following:	45669

(a) Examine issues of process, practice, impact, and	45670
outcomes;	45671

(b) Study former participants of Ohio works first who have	45672
not participated in Ohio works first for at least one year to	45673
determine whether they are employed, the type of employment in	45674
which they are engaged, the amount of compensation they are	45675
receiving, whether their employer provides health insurance,	45676
whether and how often they have received benefits or services	45677
under the prevention, retention, and contingency program, and	45678
whether they are successfully self sufficient;	45679

(c) Provide the department with reports at times the	45680
department specifies.	45681

(11) Not later than January 1, 2001, and the first day of	45682
each January and July thereafter, prepare a report containing	45683
information on the following:	45684

(a) Individuals exhausting the time limits for participation	45685
in Ohio works first set forth in section 5107.18 of the Revised	45686
Code.	45687

(b) Individuals who have been exempted from the time limits	45688
set forth in section 5107.18 of the Revised Code and the reasons	45689
for the exemption.	45690

~~(12) Not later than January 1, 2001, and on a quarterly basis~~	45691
~~thereafter until December 1, 2003, prepare, to the extent the~~	45692
~~necessary data is available to the department, a report based on~~	45693
~~information determined under section 5107.80 of the Revised Code~~	45694
~~that states how many former Ohio works first participants entered~~	45695
~~the workforce during the most recent previous quarter for which~~	45696
~~the information is known and includes information regarding the~~	45697
~~earnings of those former participants. The report shall include a~~	45698
~~county-by-county breakdown and shall not contain the names or~~	45699
~~social security numbers of former participants.~~	45700

~~(13) To the extent authorized by section 5101.801 of the~~	45701
~~Revised Code, enter into interagency agreements with state~~	45702
~~agencies for the administration of Title IV-A programs identified~~	45703
~~under division (A)(3)(c) and (d) of this section.~~	45704

(D) The department shall provide copies of the reports it	45705
receives under division (C)(10) of this section and prepares under	45706
~~divisions~~division (C)(11) ~~and (12)~~ of this section to the	45707
governor, the president and minority leader of the senate, and the	45708
speaker and minority leader of the house of representatives. The	45709
department shall provide copies of the reports to any private or	45710
government entity on request.	45711

(E) An authorized representative of the department or a	45712
county family services agency or state agency administering a	45713
Title IV-A program shall have access to all records and	45714
information bearing thereon for the purposes of investigations	45715
conducted pursuant to this section. An authorized representative	45716
of a government entity or private, not-for-profit entity	45717
administering a project funded in whole or in part with funds	45718
provided under the Title IV-A demonstration program shall have	45719
access to all records and information bearing on the project for	45720
the purpose of investigations conducted pursuant to this section.	45721

Sec. 5101.801. (A) Except as otherwise provided by the law	45722
enacted by the general assembly or executive order issued by the	45723
governor establishing the Title IV-A program, a Title IV-A program	45724
identified under division (A)~~(3)~~(4)(c) or, (d), (e), or (f) of	45725
section 5101.80 of the Revised Code shall provide benefits and	45726
services that are not "assistance" as defined in 45 C.F.R.	45727
260.31(a) and are benefits and services that 45 C.F.R. 260.31(b)	45728
excludes from the definition of assistance.	45729

(B)(1) Except as otherwise provided by the law enacted by the	45730
general assembly or executive order issued by the governor	45731
establishing the Title IV-A program, the department of job and	45732
family services shall do either of the following regarding a Title	45733
IV-A program identified under division (A)~~(3)~~(4)(c) or, (d), (e),	45734
or (f) of section 5101.80 of the Revised Code:	45735

~~(1)~~(a) Administer the program or supervise a county family	45736
services agency's administration of the program;	45737

~~(2)~~(b) Enter into an interagency agreement with a state	45738
agency for the state agency to administer the program under the	45739
department's supervision.	45740

(2) The department may enter into an agreement with a	45741
government entity and, to the extent permitted by federal law, a	45742
private, not-for-profit entity for the entity to receive funding	45743
for a project under the Title IV-A demonstration program.	45744

(C) ~~If the department administers or supervises the~~	45745
~~administration of a Title IV-A program identified under division~~	45746
~~(A)(3)(c) or (d) of section 5101.80 of the Revised Code pursuant~~	45747
~~to division (B)(1) of this section, the~~The department may adopt	45748
rules governing ~~the program~~Title IV-A programs identified under	45749
divisions (A)(4)(c), (d), (e), and (f) of section 5101.80 of the	45750
Revised Code. Rules governing financial and operational matters of	45751
the department or between the department and ~~the~~ county family	45752
services ~~agency~~agencies shall be adopted as internal management	45753
rules adopted in accordance with section 111.15 of the Revised	45754
Code. All other rules shall be adopted in accordance with Chapter	45755
119. of the Revised Code.	45756

(D) If the department enters into an ~~interagency~~ agreement	45757
regarding a Title IV-A program identified under division	45758
(A)~~(3)~~(4)(c) ~~or (d)~~, (e), or (f) of section 5101.80 of the Revised	45759
Code pursuant to division (B)(1)(b) or (2) of this section, the	45760
agreement shall include at least all of the following:	45761

(1) A requirement that the state agency or entity comply with	45762
the requirements for the program or project, including all of the	45763
following requirements established by federal statutes and	45764
regulations, state statutes and rules, the United States office of	45765
management and budget, and the Title IV-A state plan prepared	45766
under section 5101.80 of the Revised Code:	45767

(a) Eligibility;

45768

(b) Reports;

45769

45770

(d) Use of funds;

45771

(e) Appeals for applicants for, and recipients and former	45772
recipients of, the benefits and services;	45773

(f) Audits.

45774

(2) A complete description of all of the following:

45775

(a) The benefits and services that the program or project is	45776
to provide;	45777

(b) The methods of program or project administration;

45778

(c) The appeals process under section 5101.35 of the Revised	45779
Code for applicants for, and recipients and former recipients of,	45780
the ~~program's~~program or project's benefits and services;	45781

(d) Other ~~program and administrative~~ requirements that the	45782
department requires be included.	45783

(3) Procedures for the department to approve a policy,	45784
established by rule or otherwise, that the state agency or entity	45785
establishes for the program or project before the policy is	45786
established;	45787

(4) Provisions regarding how the department is to reimburse	45788
the state agency or entity for allowable expenditures under the	45789
program or project that the department approves, including all of	45790
the following:	45791

(a) Limitations on administrative costs;

45792

(b) The department, at its discretion, ~~withholding~~doing	45793
either of the following:	45794

(i) Withholding no more than five per cent of the funds that	45795
the department would otherwise provide to the state agency or	45796
entity for the program or ~~charging~~project;	45797

(ii) Charging the state agency or entity for the costs to the	45798
department of performing, or contracting for the performance of,	45799
audits and other administrative functions associated with the	45800
program or project.	45801

(5) If the state agency or entity arranges by contract,	45802
grant, or other agreement for another entity to perform a function	45803
the state agency or entity would otherwise perform regarding the	45804
program or project, the state ~~agency's~~agency or entity's	45805
responsibilities for both of the following:	45806

(a) Ensuring that the other entity complies with the	45807
~~interagency~~ agreement between the state agency or entity and	45808
department and federal statutes and regulations and state statutes	45809
and rules governing the use of funds for the program or project;	45810

(b) Auditing the other entity in accordance with requirements	45811
established by the United States office of management and budget.	45812

(6) The state ~~agency's~~agency or entity's responsibilities	45813
regarding the prompt payment, including any interest assessed, of	45814
any adverse audit finding, final disallowance of federal funds, or	45815
other sanction or penalty imposed by the federal government,	45816
auditor of state, department, a court, or other entity regarding	45817
funds for the program or project;	45818

(7) Provisions for the department to terminate the	45819
~~interagency~~ agreement or withhold reimbursement from the state	45820
agency or entity if either of the following occur:	45821

(a) The federal government disapproves the program or project	45822
or reduces federal funds for the program or project;	45823

(b) The state agency or entity fails to comply with the terms	45824
of the ~~interagency~~ agreement.	45825

(8) Provisions for both of the following:

45826

(a) The department and state agency or entity determining the	45827
performance outcomes expected for the program or project;	45828

(b) An evaluation of the program or project to determine its	45829
success in achieving the performance outcomes determined under	45830
division (D)(8)(a) of this section.	45831

(E) To the extent consistent with the law enacted by the	45832
general assembly or executive order issued by the governor	45833
establishing the Title IV-A program and subject to the approval of	45834
the director of budget and management, the director of job and	45835
family services may terminate a Title IV-A program identified	45836
under division (A)~~(3)~~(4)(c) or, (d), (e), or (f) of section	45837
5101.80 of the Revised Code or reduce funding for the program if	45838
the director of job and family services determines that federal or	45839
state funds are insufficient to fund the program. If the director	45840
of budget and management approves the termination or reduction in	45841
funding for such a program, the director of job and family	45842
services shall issue instructions for the termination or funding	45843
reduction. If a ~~county family services agency or state~~Title IV-A	45844
administrative agency is administering the program, the ~~county~~	45845
~~family services agency or state~~ agency is bound by the termination	45846
or funding reduction and shall comply with the director's	45847
instructions.	45848

(F) The director of job and family services may adopt	45849
internal management rules in accordance with section 111.15 of the	45850
Revised Code as necessary to implement this section. The rules are	45851
binding on each ~~county family services agency and state agency~~	45852
~~administering, pursuant to this section, a~~ Title IV-A ~~program~~	45853
~~identified in division (A)(3)(c) or (d) of section 5101.80 of the~~	45854
~~Revised Code~~administrative agency.	45855

Sec. 5101.802. (A) As used in this section:

45856

(1) "Custodian," "guardian," and "minor child" have the same	45857
meanings as in section 5107.02 of the Revised Code.	45858

(2) "Federal poverty guidelines" has the same meaning as in	45859
section 5101.46 of the Revised Code.	45860

(3) "Kinship caregiver" has the same meaning as in section	45861
5101.85 of the Revised Code.	45862

(B) Subject to division (E) of section 5101.801 of the	45863
Revised Code, there is hereby created the kinship permanency	45864
incentive program to promote permanency for a minor child in the	45865
legal and physical custody of a kinship caregiver. The program	45866
shall provide an initial one-time incentive payment to the kinship	45867
caregiver to defray the costs of initial placement of the minor	45868
child in the kinship caregiver's home. The program may provide	45869
additional permanency incentive payments for the minor child at	45870
six month intervals for a total period not to exceed thirty-six	45871
months.	45872

(C) A kinship caregiver may participate in the program if all	45873
of the following requirements are met:	45874

(1) The kinship caregiver applies to a public children	45875
services agency in accordance with the application process	45876
established in rules authorized by division (E) of this section;	45877

(2) The minor child the kinship caregiver is caring for is a	45878
child with special needs as that term is defined in rules adopted	45879
under section 5153.163 of the Revised Code and related to the	45880
kinship caregiver in a manner that makes the kinship caregiver a	45881
kinship caregiver;	45882

(3) A juvenile court has adjudicated the minor child to be an	45883
abused, neglected, dependent, or unruly child and determined that	45884
it is in the child's best interest to be in the legal custody or	45885
guardianship of the kinship caregiver;	45886

(4) The kinship caregiver is either the minor child's	45887
custodian or guardian;	45888

(5) The minor child resides with the kinship caregiver	45889
pursuant to a placement approval process established in rules	45890
authorized by division (E) of this section;	45891

(6) The gross income of the kinship caregiver's family,	45892
including the minor child, does not exceed two hundred per cent of	45893
the federal poverty guidelines.	45894

(D) Public children services agencies shall make initial and	45895
ongoing eligibility determinations for the kinship permanency	45896
incentive program in accordance with rules authorized by division	45897
(E) of this section. The director of job and family services shall	45898
supervise public children services agencies' duties under this	45899
section.	45900

(E) The director of job and family services shall adopt rules	45901
under division (C) of section 5101.801 of the Revised Code as	45902
necessary to implement the kinship permanency incentive program.	45903
The rules shall establish all of the following:	45904

(1) The application process for the program;

45905

(2) The placement approval process through which a minor	45906
child is placed with a kinship caregiver for the kinship caregiver	45907
to be eligible for the program;	45908

(3) The initial and ongoing eligibility determination process	45909
for the program;	45910

(4) The amount of the incentive payments provided under the	45911
program;	45912

(5) The method by which the incentive payments are provided	45913
to a kinship caregiver, which shall not require a public children	45914
services agency to seek reimbursement from the department of job	45915
and family services;	45916

(6) Anything else the director considers necessary to	45917
implement the program.	45918

(F) The director shall begin implementation of the kinship	45919
permanency incentive program no later than January 1, 2006.	45920

Sec. 5101.803. (A) Subject to division (E) of section	45921
5101.801 of the Revised Code, there is hereby created the Title	45922
IV-A demonstration program to provide funding for innovative and	45923
promising prevention and intervention projects that meet one or	45924
more of the four purposes of the temporary assistance for needy	45925
families block grant as specified in 42 U.S.C. 601 and are for	45926
individuals with specific and multiple barriers to achieving or	45927
maintaining self-sufficiency and personal responsibility. The	45928
department of job and family services may provide funding for such	45929
projects to government entities and, to the extent permitted by	45930
federal law, private, not-for-profit entities with which the	45931
department enters into agreements under division (B)(2) of section	45932
5101.801 of the Revised Code.	45933

In accordance with criteria the department develops, the	45934
department may solicit proposals for entities seeking to enter	45935
into an agreement with the department under division (B)(2) of	45936
section 5101.801 of the Revised Code. The department may enter	45937
into such agreements with entities that do both of the following:	45938

(1) Meet the proposals' criteria;

45939

(2) If the entity's proposed project does not potentially	45940
affect persons in each county of the state, provides the	45941
department evidence that the entity has notified, in writing, the	45942
county department of job and family services of each county where	45943
persons may be affected by the implementation of the project.	45944

(B) In developing the criteria, soliciting the proposals, and	45945
entering in the agreements, the department shall comply with all	45946
applicable federal and state laws, the Title IV-A state plan	45947
submitted to the United States secretary of health and human	45948
services under section 5101.80 of the Revised Code, amendments to	45949
the Title IV-A state plan submitted to the United States secretary	45950
under that section, and federal waivers the United States	45951
secretary grants.	45952

(C) The department shall begin implementation of the Title	45953
IV-A demonstration program no later than January 1, 2006.	45954

Sec. 5101.821. Except as otherwise approved by the director	45955
of budget and management, the department of job and family	45956
services shall deposit federal funds received under Title IV-A of	45957
the "Social Security Act," 42 U.S.C.A. 601, 110 Stat. 2113 (1996),	45958
into the temporary assistance for needy families (TANF) federal	45959
fund, which is hereby created in the state treasury. The	45960
department shall use money in the fund for the Ohio works first	45961
program established under Chapter 5107. of the Revised Code; the	45962
prevention, retention, and contingency program established under	45963
Chapter 5108. of the Revised Code; social services provided	45964
pursuant to section 5101.461 of the Revised Code; and any other	45965
purposes consistent with Title IV-A, federal regulations, federal	45966
waivers granted by the United States secretary of health and human	45967
services, state law, the Title IV-A state plan and amendments	45968
submitted to the United States secretary of health and human	45969
services under section 5101.80 of the Revised Code, and rules	45970
adopted by the department under section 5107.05 of the Revised	45971
Code.	45972

Sec. 5101.93. The department of job and family services shall	45973
apply to the United States secretary of health and human services	45974
for a waiver of federal medicaid requirements if necessary to	45975
fulfill the requirements of section 1751.89 of the Revised Code.	45976

Sec. 5104.01. As used in this chapter:

45977

(A) "Administrator" means the person responsible for the	45978
daily operation of a center or type A home. The administrator and	45979
the owner may be the same person.	45980

(B) "Approved child day camp" means a child day camp approved	45981
pursuant to section 5104.22 of the Revised Code.	45982

(C) "Authorized provider" means a person authorized by a	45983
county director of job and family services to operate a certified	45984
type B family day-care home.	45985

(D) "Border state child care provider" means a child care	45986
provider that is located in a state bordering Ohio and that is	45987
licensed, certified, or otherwise approved by that state to	45988
provide child care.	45989

(E) "Caretaker parent" means the father or mother of a child	45990
whose presence in the home is needed as the caretaker of the	45991
child, a person who has legal custody of a child and whose	45992
presence in the home is needed as the caretaker of the child, a	45993
guardian of a child whose presence in the home is needed as the	45994
caretaker of the child, and any other person who stands in loco	45995
parentis with respect to the child and whose presence in the home	45996
is needed as the caretaker of the child.	45997

(F) "Certified type B family day-care home" and "certified	45998
type B home" mean a type B family day-care home that is certified	45999
by the director of the county department of job and family	46000
services pursuant to section 5104.11 of the Revised Code to	46001
receive public funds for providing child care pursuant to this	46002
chapter and any rules adopted under it.	46003

(G) "Chartered nonpublic school" means a school that meets	46004
standards for nonpublic schools prescribed by the state board of	46005
education for nonpublic schools pursuant to section 3301.07 of the	46006
Revised Code.	46007

(H) "Child" includes an infant, toddler, preschool child, or	46008
school child.	46009

(I) "Child care block grant act" means the "Child Care and	46010
Development Block Grant Act of 1990," established in section 5082	46011
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	46012
1388-236 (1990), 42 U.S.C. 9858, as amended.	46013

(J) "Child day camp" means a program in which only school	46014
children attend or participate, that operates for no more than	46015
seven hours per day, that operates only during one or more public	46016
school district's regular vacation periods or for no more than	46017
fifteen weeks during the summer, and that operates outdoor	46018
activities for each child who attends or participates in the	46019
program for a minimum of fifty per cent of each day that children	46020
attend or participate in the program, except for any day when	46021
hazardous weather conditions prevent the program from operating	46022
outdoor activities for a minimum of fifty per cent of that day.	46023
For purposes of this division, the maximum seven hours of	46024
operation time does not include transportation time from a child's	46025
home to a child day camp and from a child day camp to a child's	46026
home.	46027

(K) "Child care" means administering to the needs of infants,	46028
toddlers, preschool children, and school children outside of	46029
school hours by persons other than their parents or guardians,	46030
custodians, or relatives by blood, marriage, or adoption for any	46031
part of the twenty-four-hour day in a place or residence other	46032
than a child's own home.	46033

(L) "Child day-care center" and "center" mean any place in	46034
which child care or publicly funded child care is provided for	46035
thirteen or more children at one time or any place that is not the	46036
permanent residence of the licensee or administrator in which	46037
child care or publicly funded child care is provided for seven to	46038
twelve children at one time. In counting children for the purposes	46039
of this division, any children under six years of age who are	46040
related to a licensee, administrator, or employee and who are on	46041
the premises of the center shall be counted. "Child day-care	46042
center" and "center" do not include any of the following:	46043

(1) A place located in and operated by a hospital, as defined	46044
in section 3727.01 of the Revised Code, in which the needs of	46045
children are administered to, if all the children whose needs are	46046
being administered to are monitored under the on-site supervision	46047
of a physician licensed under Chapter 4731. of the Revised Code or	46048
a registered nurse licensed under Chapter 4723. of the Revised	46049
Code, and the services are provided only for children who, in the	46050
opinion of the child's parent, guardian, or custodian, are	46051
exhibiting symptoms of a communicable disease or other illness or	46052
are injured;	46053

(2) A child day camp;

46054

(3) A place that provides child care, but not publicly funded	46055
child care, if all of the following apply:	46056

(a) An organized religious body provides the child care;

46057

(b) A parent, custodian, or guardian of at least one child	46058
receiving child care is on the premises and readily accessible at	46059
all times;	46060

(c) The child care is not provided for more than thirty days	46061
a year;	46062

(d) The child care is provided only for preschool and school	46063
children.	46064

(M) "Child care resource and referral service organization"	46065
means a community-based nonprofit organization that provides child	46066
care resource and referral services but not child care.	46067

(N) "Child care resource and referral services" means all of	46068
the following services:	46069

(1) Maintenance of a uniform data base of all child care	46070
providers in the community that are in compliance with this	46071
chapter, including current occupancy and vacancy data;	46072

(2) Provision of individualized consumer education to	46073
families seeking child care;	46074

(3) Provision of timely referrals of available child care	46075
providers to families seeking child care;	46076

(4) Recruitment of child care providers;

46077

(5) Assistance in the development, conduct, and dissemination	46078
of training for child care providers and provision of technical	46079
assistance to current and potential child care providers,	46080
employers, and the community;	46081

(6) Collection and analysis of data on the supply of and	46082
demand for child care in the community;	46083

(7) Technical assistance concerning locally, state, and	46084
federally funded child care and early childhood education	46085
programs;	46086

(8) Stimulation of employer involvement in making child care	46087
more affordable, more available, safer, and of higher quality for	46088
their employees and for the community;	46089

(9) Provision of written educational materials to caretaker	46090
parents and informational resources to child care providers;	46091

(10) Coordination of services among child care resource and	46092
referral service organizations to assist in developing and	46093
maintaining a statewide system of child care resource and referral	46094
services if required by the department of job and family services;	46095

(11) Cooperation with the county department of job and family	46096
services in encouraging the establishment of parent cooperative	46097
child care centers and parent cooperative type A family day-care	46098
homes.	46099

(O) "Child-care staff member" means an employee of a child	46100
day-care center or type A family day-care home who is primarily	46101
responsible for the care and supervision of children. The	46102
administrator may be a part-time child-care staff member when not	46103
involved in other duties.	46104

(P) "Drop-in child day-care center," "drop-in center,"	46105
"drop-in type A family day-care home," and "drop-in type A home"	46106
mean a center or type A home that provides child care or publicly	46107
funded child care for children on a temporary, irregular basis.	46108

(Q) "Employee" means a person who either:

46109

(1) Receives compensation for duties performed in a child	46110
day-care center or type A family day-care home;	46111

(2) Is assigned specific working hours or duties in a child	46112
day-care center or type A family day-care home.	46113

(R) "Employer" means a person, firm, institution,	46114
organization, or agency that operates a child day-care center or	46115
type A family day-care home subject to licensure under this	46116
chapter.	46117

(S) "Federal poverty line" means the official poverty	46118
guideline as revised annually in accordance with section 673(2) of	46119
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	46120
U.S.C. 9902, as amended, for a family size equal to the size of	46121
the family of the person whose income is being determined.	46122

(T) "Head start program" means a comprehensive child	46123
development program that receives funds distributed under the	46124
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	46125
amended, ~~or under sections 3301.31 to 3301.37 of the Revised Code~~	46126
and is licensed as a child day-care center.	46127

(U) "Income" means gross income, as defined in section	46128
5107.10 of the Revised Code, less any amounts required by federal	46129
statutes or regulations to be disregarded.	46130

(V) "Indicator checklist" means an inspection tool, used in	46131
conjunction with an instrument-based program monitoring	46132
information system, that contains selected licensing requirements	46133
that are statistically reliable indicators or predictors of a	46134
child day-care center or type A family day-care home's compliance	46135
with licensing requirements.	46136

(W) "Infant" means a child who is less than eighteen months	46137
of age.	46138

(X) "In-home aide" means a person certified by a county	46139
director of job and family services pursuant to section 5104.12 of	46140
the Revised Code to provide publicly funded child care to a child	46141
in a child's own home pursuant to this chapter and any rules	46142
adopted under it.	46143

(Y) "Instrument-based program monitoring information system"	46144
means a method to assess compliance with licensing requirements	46145
for child day-care centers and type A family day-care homes in	46146
which each licensing requirement is assigned a weight indicative	46147
of the relative importance of the requirement to the health,	46148
growth, and safety of the children that is used to develop an	46149
indicator checklist.	46150

(Z) "License capacity" means the maximum number in each age	46151
category of children who may be cared for in a child day-care	46152
center or type A family day-care home at one time as determined by	46153
the director of job and family services considering building	46154
occupancy limits established by the department of commerce, number	46155
of available child-care staff members, amount of available indoor	46156
floor space and outdoor play space, and amount of available play	46157
equipment, materials, and supplies.	46158

(AA) "Licensed preschool program" or "licensed school child	46159
program" means a preschool program or school child program, as	46160
defined in section 3301.52 of the Revised Code, that is licensed	46161
by the department of education pursuant to sections 3301.52 to	46162
3301.59 of the Revised Code.	46163

(BB) "Licensee" means the owner of a child day-care center or	46164
type A family day-care home that is licensed pursuant to this	46165
chapter and who is responsible for ensuring its compliance with	46166
this chapter and rules adopted pursuant to this chapter.	46167

(CC) "Operate a child day camp" means to operate, establish,	46168
manage, conduct, or maintain a child day camp.	46169

(DD) "Owner" includes a person, as defined in section 1.59 of	46170
the Revised Code, or government entity.	46171

(EE) "Parent cooperative child day-care center," "parent	46172
cooperative center," "parent cooperative type A family day-care	46173
home," and "parent cooperative type A home" mean a corporation or	46174
association organized for providing educational services to the	46175
children of members of the corporation or association, without	46176
gain to the corporation or association as an entity, in which the	46177
services of the corporation or association are provided only to	46178
children of the members of the corporation or association,	46179
ownership and control of the corporation or association rests	46180
solely with the members of the corporation or association, and at	46181
least one parent-member of the corporation or association is on	46182
the premises of the center or type A home during its hours of	46183
operation.	46184

(FF) "Part-time child day-care center," "part-time center,"	46185
"part-time type A family day-care home," and "part-time type A	46186
home" mean a center or type A home that provides child care or	46187
publicly funded child care for no more than four hours a day for	46188
any child.	46189

(GG) "Place of worship" means a building where activities of	46190
an organized religious group are conducted and includes the	46191
grounds and any other buildings on the grounds used for such	46192
activities.	46193

(HH) "Preschool child" means a child who is three years old	46194
or older but is not a school child.	46195

(II) "Protective child care" means publicly funded child care	46196
for the direct care and protection of a child to whom either of	46197
the following applies:	46198

(1) A case plan prepared and maintained for the child	46199
pursuant to section 2151.412 of the Revised Code indicates a need	46200
for protective care and the child resides with a parent,	46201
stepparent, guardian, or another person who stands in loco	46202
parentis as defined in rules adopted under section 5104.38 of the	46203
Revised Code;	46204

(2) The child and the child's caretaker either temporarily	46205
reside in a facility providing emergency shelter for homeless	46206
families or are determined by the county department of job and	46207
family services to be homeless, and are otherwise ineligible for	46208
publicly funded child care.	46209

(JJ) "Publicly funded child care" means administering to the	46210
needs of infants, toddlers, preschool children, and school	46211
children under age thirteen during any part of the	46212
twenty-four-hour day by persons other than their caretaker parents	46213
for remuneration wholly or in part with federal or state funds,	46214
including funds available under the child care block grant act,	46215
Title IV-A, and Title XX, distributed by the department of job and	46216
family services.	46217

(KK) "Religious activities" means any of the following:	46218
worship or other religious services; religious instruction; Sunday	46219
school classes or other religious classes conducted during or	46220
prior to worship or other religious services; youth or adult	46221
fellowship activities; choir or other musical group practices or	46222
programs; meals; festivals; or meetings conducted by an organized	46223
religious group.	46224

(LL) "School child" means a child who is enrolled in or is	46225
eligible to be enrolled in a grade of kindergarten or above but is	46226
less than fifteen years old.	46227

(MM) "School child day-care center," "school child center,"	46228
"school child type A family day-care home," and "school child type	46229
A family home" mean a center or type A home that provides child	46230
care for school children only and that does either or both of the	46231
following:	46232

(1) Operates only during that part of the day that	46233
immediately precedes or follows the public school day of the	46234
school district in which the center or type A home is located;	46235

(2) Operates only when the public schools in the school	46236
district in which the center or type A home is located are not	46237
open for instruction with pupils in attendance.	46238

(NN) "State median income" means the state median income	46239
calculated by the department of development pursuant to division	46240
(A)(1)(g) of section 5709.61 of the Revised Code.	46241

(OO) "Title IV-A" means Title IV-A of the "Social Security	46242
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	46243

(PP) "Title XX" means Title XX of the "Social Security Act,"	46244
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	46245

(QQ) "Toddler" means a child who is at least eighteen months	46246
of age but less than three years of age.	46247

(RR) "Type A family day-care home" and "type A home" mean a	46248
permanent residence of the administrator in which child care or	46249
publicly funded child care is provided for seven to twelve	46250
children at one time or a permanent residence of the administrator	46251
in which child care is provided for four to twelve children at one	46252
time if four or more children at one time are under two years of	46253
age. In counting children for the purposes of this division, any	46254
children under six years of age who are related to a licensee,	46255
administrator, or employee and who are on the premises of the type	46256
A home shall be counted. "Type A family day-care home" does not	46257
include a residence in which the needs of children are	46258
administered to, if all of the children whose needs are being	46259
administered to are siblings of the same immediate family and the	46260
residence is the home of the siblings. "Type A family day-care	46261
home" and "type A home" do not include any child day camp.	46262

(SS) "Type B family day-care home" and "type B home" mean a	46263
permanent residence of the provider in which child care is	46264
provided for one to six children at one time and in which no more	46265
than three children are under two years of age at one time. In	46266
counting children for the purposes of this division, any children	46267
under six years of age who are related to the provider and who are	46268
on the premises of the type B home shall be counted. "Type B	46269
family day-care home" does not include a residence in which the	46270
needs of children are administered to, if all of the children	46271
whose needs are being administered to are siblings of the same	46272
immediate family and the residence is the home of the siblings.	46273
"Type B family day-care home" and "type B home" do not include any	46274
child day camp.	46275

Sec. 5104.02. (A) The director of job and family services is	46276
responsible for the licensing of child day-care centers and type A	46277
family day-care homes~~, and~~. Each entity operating a head start	46278
program shall meet the criteria for, and be licensed as, a child	46279
day-care center. The director is responsible for the enforcement	46280
of this chapter and of rules promulgated pursuant to this chapter.	46281
No	46282

No person, firm, organization, institution, or agency shall	46283
operate, establish, manage, conduct, or maintain a child day-care	46284
center or type A family day-care home without a license issued	46285
under section 5104.03 of the Revised Code. The current license	46286
shall be posted in a conspicuous place in the center or type A	46287
home that is accessible to parents, custodians, or guardians and	46288
employees of the center or type A home at all times when the	46289
center or type A home is in operation.	46290

(B) A person, firm, institution, organization, or agency	46291
operating any of the following programs is exempt from the	46292
requirements of this chapter:	46293

(1) A program of child care that operates for two or less	46294
consecutive weeks;	46295

(2) Child care in places of worship during religious	46296
activities during which children are cared for while at least one	46297
parent, guardian, or custodian of each child is participating in	46298
such activities and is readily available;	46299

(3) Religious activities which do not provide child care;

46300

(4) Supervised training, instruction, or activities of	46301
children in specific areas, including, but not limited to: art;	46302
drama; dance; music; gymnastics, swimming, or another athletic	46303
skill or sport; computers; or an educational subject conducted on	46304
an organized or periodic basis no more than one day a week and for	46305
no more than six hours duration;	46306

(5) Programs in which the director determines that at least	46307
one parent, custodian, or guardian of each child is on the	46308
premises of the facility offering child care and is readily	46309
accessible at all times, except that child care provided on the	46310
premises at which a parent, custodian, or guardian is employed	46311
more than two and one-half hours a day shall be licensed in	46312
accordance with division (A) of this section;	46313

(6)(a) Programs that provide child care funded and regulated	46314
or operated and regulated by state departments other than the	46315
department of job and family services or the state board of	46316
education when the director of job and family services has	46317
determined that the rules governing the program are equivalent to	46318
or exceed the rules promulgated pursuant to this chapter.	46319

Notwithstanding any exemption from regulation under this	46320
chapter, each state department shall submit to the director of job	46321
and family services a copy of the rules that govern programs that	46322
provide child care and are regulated or operated and regulated by	46323
the department. Annually, each state department shall submit to	46324
the director a report for each such program it regulates or	46325
operates and regulates that includes the following information:	46326

(i) The site location of the program;

46327

(ii) The maximum number of infants, toddlers, preschool	46328
children, or school children served by the program at one time;	46329

(iii) The number of adults providing child care for the	46330
number of infants, toddlers, preschool children, or school	46331
children;	46332

(iv) Any changes in the rules made subsequent to the time	46333
when the rules were initially submitted to the director.	46334

The director shall maintain a record of the child care	46335
information submitted by other state departments and shall provide	46336
this information upon request to the general assembly or the	46337
public.	46338

(b) Child care programs conducted by boards of education or	46339
by chartered nonpublic schools that are conducted in school	46340
buildings and that provide child care to school children only	46341
shall be exempt from meeting or exceeding rules promulgated	46342
pursuant to this chapter.	46343

(7) Any preschool program or school child program, except a	46344
head start program, that is subject to licensure by the department	46345
of education under sections 3301.52 to 3301.59 of the Revised	46346
Code.	46347

(8) Any program providing child care that meets all of the	46348
following requirements and, on October 20, 1987, was being	46349
operated by a nonpublic school that holds a charter issued by the	46350
state board of education for kindergarten only:	46351

(a) The nonpublic school has given the notice to the state	46352
board and the director of job and family services required by	46353
Section 4 of Substitute House Bill No. 253 of the 117th general	46354
assembly;	46355

(b) The nonpublic school continues to be chartered by the	46356
state board for kindergarten, or receives and continues to hold a	46357
charter from the state board for kindergarten through grade five;	46358

46359

(d) The program is operated in accordance with rules	46360
promulgated by the state board under sections 3301.52 to 3301.57	46361
of the Revised Code.	46362

(9) A youth development program operated outside of school	46363
hours by a community-based center to which all of the following	46364
apply:	46365

(a) The children enrolled in the program are under nineteen	46366
years of age and enrolled in or eligible to be enrolled in a grade	46367
of kindergarten or above.	46368

(b) The program provides informal child care and at least two	46369
of the following supervised activities: educational, recreational,	46370
culturally enriching, social, and personal development activities.	46371

(c) The state board of education has approved the program's	46372
participation in the child and adult care food program as an	46373
outside-school-hours care center pursuant to standards established	46374
under section 3313.813 of the Revised Code.	46375

(d) The community-based center operating the program is	46376
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	46377
and (c)(3).	46378

Sec. 5104.32. (A) Except as provided in division (C) of this	46379
section, all purchases of publicly funded child care shall be made	46380
under a contract entered into by a licensed child day-care center,	46381
licensed type A family day-care home, certified type B family	46382
day-care home, certified in-home aide, approved child day camp,	46383
licensed preschool program, licensed school child program, or	46384
border state child care provider and the county department of job	46385
and family services. A county department of job and family	46386
services may enter into a contract with a provider for publicly	46387
funded child care for a specified period of time or upon a	46388
continuous basis for an unspecified period of time. All contracts	46389
for publicly funded child care shall be contingent upon the	46390
availability of state and federal funds. The department of job and	46391
family services shall prescribe a standard form to be used for all	46392
contracts for the purchase of publicly funded child care,	46393
regardless of the source of public funds used to purchase the	46394
child care. To the extent permitted by federal law and	46395
notwithstanding any other provision of the Revised Code that	46396
regulates state or county contracts or contracts involving the	46397
expenditure of state, county, or federal funds, all contracts for	46398
publicly funded child care shall be entered into in accordance	46399
with the provisions of this chapter and are exempt from any other	46400
provision of the Revised Code that regulates state or county	46401
contracts or contracts involving the expenditure of state, county,	46402
or federal funds.	46403

(B) Each contract for publicly funded child care shall	46404
specify at least the following:	46405

(1) That the provider of publicly funded child care agrees to	46406
be paid for rendering services at the lowest of the rate	46407
customarily charged by the provider for children enrolled for	46408
child care, the reimbursement ceiling or rate of payment	46409
established pursuant to section 5104.30 of the Revised Code, or a	46410
rate the county department negotiates with the provider;	46411

(2) That, if a provider provides child care to an individual	46412
potentially eligible for publicly funded child care who is	46413
subsequently determined to be eligible, the county department	46414
agrees to pay for all child care provided between the date the	46415
county department receives the individual's completed application	46416
and the date the individual's eligibility is determined;	46417

(3) Whether the county department of job and family services,	46418
the provider, or a child care resource and referral service	46419
organization will make eligibility determinations, whether the	46420
provider or a child care resource and referral service	46421
organization will be required to collect information to be used by	46422
the county department to make eligibility determinations, and the	46423
time period within which the provider or child care resource and	46424
referral service organization is required to complete required	46425
eligibility determinations or to transmit to the county department	46426
any information collected for the purpose of making eligibility	46427
determinations;	46428

(4) That the provider, other than a border state child care	46429
provider ~~or except as provided in division (B) of section 3301.37~~	46430
~~of the Revised Code~~, shall continue to be licensed, approved, or	46431
certified pursuant to this chapter and shall comply with all	46432
standards and other requirements in this chapter and in rules	46433
adopted pursuant to this chapter for maintaining the provider's	46434
license, approval, or certification;	46435

(5) That, in the case of a border state child care provider,	46436
the provider shall continue to be licensed, certified, or	46437
otherwise approved by the state in which the provider is located	46438
and shall comply with all standards and other requirements	46439
established by that state for maintaining the provider's license,	46440
certificate, or other approval;	46441

(6) Whether the provider will be paid by the county	46442
department of job and family services or the state department of	46443
job and family services;	46444

(7) That the contract is subject to the availability of state	46445
and federal funds.	46446

(C) Unless specifically prohibited by federal law, the county	46447
department of job and family services shall give individuals	46448
eligible for publicly funded child care the option of obtaining	46449
certificates for payment that the individual may use to purchase	46450
services from any provider qualified to provide publicly funded	46451
child care under section 5104.31 of the Revised Code. Providers of	46452
publicly funded child care may present these certificates for	46453
payment for reimbursement in accordance with rules that the	46454
director of job and family services shall adopt. Only providers	46455
may receive reimbursement for certificates for payment. The value	46456
of the certificate for payment shall be based on the lowest of the	46457
rate customarily charged by the provider, the reimbursement	46458
ceiling or rate of payment established pursuant to section 5104.30	46459
of the Revised Code, or a rate the county department negotiates	46460
with the provider. The county department may provide the	46461
certificates for payment to the individuals or may contract with	46462
child care providers or child care resource and referral service	46463
organizations that make determinations of eligibility for publicly	46464
funded child care pursuant to contracts entered into under section	46465
5104.34 of the Revised Code for the providers or resource and	46466
referral service organizations to provide the certificates for	46467
payment to individuals whom they determine are eligible for	46468
publicly funded child care.	46469

For each six-month period a provider of publicly funded child	46470
care provides publicly funded child day-care to the child of an	46471
individual given certificates for payment, the individual shall	46472
provide the provider certificates for days the provider would have	46473
provided publicly funded child care to the child had the child	46474
been present. County departments shall specify the maximum number	46475
of days providers will be provided certificates of payment for	46476
days the provider would have provided publicly funded child care	46477
had the child been present. The maximum number of days shall not	46478
exceed ten days in a six-month period during which publicly funded	46479
child care is provided to the child regardless of the number of	46480
providers that provide publicly funded child care to the child	46481
during that period.	46482

Sec. 5104.38. In addition to any other rules adopted under	46483
this chapter, the director of job and family services shall adopt	46484
rules in accordance with Chapter 119. of the Revised Code	46485
governing financial and administrative requirements for publicly	46486
funded child care and establishing all of the following:	46487

(A) Procedures and criteria to be used in making	46488
determinations of eligibility for publicly funded child care that	46489
give priority to children of families with lower incomes and	46490
procedures and criteria for eligibility for publicly funded	46491
protective child care. The rules shall specify the maximum amount	46492
of income a family may have for initial and continued eligibility.	46493
The maximum amount shall not exceed two hundred per cent of the	46494
federal poverty line.	46495

(B) Procedures under which a county department of job and	46496
family services may, if the department, under division (A) of this	46497
section, specifies a maximum amount of income a family may have	46498
for eligibility for publicly funded child care that is less than	46499
the maximum amount specified in that division, specify a maximum	46500
amount of income a family residing in the county the county	46501
department serves may have for initial and continued eligibility	46502
for publicly funded child care that is higher than the amount	46503
specified by the department but does not exceed the maximum amount	46504
specified in division (A) of this section;	46505

(C) A schedule of fees requiring all eligible caretaker	46506
parents to pay a fee for publicly funded child care according to	46507
income and family size, which shall be uniform for all types of	46508
publicly funded child care, except as authorized by rule, and, to	46509
the extent permitted by federal law, shall permit the use of state	46510
and federal funds to pay the customary deposits and other advance	46511
payments that a provider charges all children who receive child	46512
care from that provider. The schedule of fees ~~may not provide for~~	46513
~~a caretaker parent to pay a fee that exceeds ten per cent of the~~	46514
~~parent's family income~~shall be calculated as permitted by federal	46515
law.	46516

(D) A formula based upon a percentage of the county's total	46517
expenditures for publicly funded child care for determining the	46518
maximum amount of state and federal funds appropriated for	46519
publicly funded child care that a county department may use for	46520
administrative purposes;	46521

(E) Procedures to be followed by the department and county	46522
departments in recruiting individuals and groups to become	46523
providers of child care;	46524

(F) Procedures to be followed in establishing state or local	46525
programs designed to assist individuals who are eligible for	46526
publicly funded child care in identifying the resources available	46527
to them and to refer the individuals to appropriate sources to	46528
obtain child care;	46529

(G) Procedures to deal with fraud and abuse committed by	46530
either recipients or providers of publicly funded child care;	46531

(H) Procedures for establishing a child care grant or loan	46532
program in accordance with the child care block grant act;	46533

(I) Standards and procedures for applicants to apply for	46534
grants and loans, and for the department to make grants and loans;	46535

(J) A definition of "person who stands in loco parentis" for	46536
the purposes of division (II)(1) of section 5104.01 of the Revised	46537
Code;	46538

(K) Procedures for a county department of job and family	46539
services to follow in making eligibility determinations and	46540
redeterminations for publicly funded child care available through	46541
telephone, computer, and other means at locations other than the	46542
county department;	46543

(L) Any other rules necessary to carry out sections 5104.30	46544
to 5104.39 of the Revised Code.	46545

Sec. 5107.05. The director of job and family services shall	46546
adopt rules to implement this chapter. The rules shall be	46547
consistent with Title IV-A, Title IV-D, federal regulations, state	46548
law, the Title IV-A state plan submitted to the United States	46549
secretary of health and human services under section 5101.80 of	46550
the Revised Code, amendments to the plan, and waivers granted by	46551
the United States secretary. Rules governing eligibility, program	46552
participation, and other applicant and participant requirements	46553
shall be adopted in accordance with Chapter 119. of the Revised	46554
Code. Rules governing financial and other administrative	46555
requirements applicable to the department of job and family	46556
services and county departments of job and family services shall	46557
be adopted in accordance with section 111.15 of the Revised Code.	46558

(A) The rules shall specify, establish, or govern all of the	46559
following:	46560

(1) A payment standard for Ohio works first based on federal	46561
and state appropriations;	46562

(2) The method of determining the amount of cash assistance	46563
an assistance group receives under Ohio works first;	46564

(3) Requirements for initial and continued eligibility for	46565
Ohio works first, including requirements regarding income,	46566
citizenship, age, residence, and assistance group composition. The	46567
rules regarding income shall specify what is countable income,	46568
gross earned income, and gross unearned income for the purpose of	46569
section 5107.10 of the Revised Code.	46570

(4) For the purpose of section 5107.12 of the Revised Code,	46571
application and verification procedures, including the minimum	46572
information an application must contain;	46573

(5) The extent to which a participant of Ohio works first	46574
must notify, pursuant to section 5107.12 of the Revised Code, a	46575
county department of job and family services of additional income	46576
not previously reported to the county department;	46577

(6) The department of job and family services providing	46578
written notice of a sanction under section 5107.161 of the Revised	46579
Code;	46580

(7) Requirements for the collection and distribution of	46581
support payments owed participants of Ohio works first pursuant to	46582
section 5107.20 of the Revised Code;	46583

(8) For the purpose of section 5107.22 of the Revised Code,	46584
what constitutes cooperating in establishing a minor child's	46585
paternity or establishing, modifying, or enforcing a child support	46586
order and good cause for failure or refusal to cooperate. The rule	46587
shall be consistent with 42 U.S.C.A. 654(29).	46588

(9) The ~~administration of~~requirements governing the LEAP	46589
program provided for under section 5107.30 of the Revised Code,	46590
including the definitions of "equivalent of a high school diploma"	46591
and "good cause," and the incentives provided under the LEAP	46592
program;	46593

(10) If the director implements section 5107.301 of the	46594
Revised Code, the requirements governing the award provided under	46595
that section, including the form that the award is to take and	46596
requirements an individual must satisfy to receive the award;	46597

(11) Circumstances under which a county department of job and	46598
family services may exempt a minor head of household or adult from	46599
participating in a work activity or developmental activity for all	46600
or some of the weekly hours otherwise required by section 5107.43	46601
of the Revised Code. Circumstances shall include that a school or	46602
place of work is closed due to a holiday or weather or other	46603
emergency and that an employer grants the minor head of household	46604
or adult leave for illness or earned vacation.	46605

~~(11)~~(12) The maximum amount of time the department will	46606
subsidize positions created by state agencies and political	46607
subdivisions under division (C) of section 5107.52 of the Revised	46608
Code.	46609

(B) The rules may provide that a county department of job and	46610
family services is not required to take action under section	46611
5107.76 of the Revised Code to recover an erroneous payment that	46612
is below an amount the department specifies.	46613

Sec. 5107.10. (A) As used in this section:

46614

(1) "Countable income," "gross earned income," and "gross	46615
unearned income" have the meanings established in rules adopted	46616
under section 5107.05 of the Revised Code.	46617

(2) "Federal poverty guidelines" has the same meaning as in	46618
section 5101.46 of the Revised Code, except that references to a	46619
person's family in the definition shall be deemed to be references	46620
to the person's assistance group.	46621

(3) "Gross income" means gross earned income and gross	46622
unearned income.	46623

~~(3)~~(4) "Initial eligibility threshold" means the higher of	46624
the following:	46625

(a) Fifty per cent of the federal poverty guidelines;

46626

(b) The gross income maximum for initial eligibility for Ohio	46627
works first as that maximum was set by division (D)(1)(a) of this	46628
section on the day before the effective date of this amendment.	46629

(5) "Strike" means continuous concerted action in failing to	46630
report to duty; willful absence from one's position; or stoppage	46631
of work in whole from the full, faithful, and proper performance	46632
of the duties of employment, for the purpose of inducing,	46633
influencing, or coercing a change in wages, hours, terms, and	46634
other conditions of employment. "Strike" does not include a	46635
stoppage of work by employees in good faith because of dangerous	46636
or unhealthful working conditions at the place of employment that	46637
are abnormal to the place of employment.	46638

(B) Under the Ohio works first program, an assistance group	46639
shall receive, except as otherwise provided by this chapter,	46640
time-limited cash assistance. In the case of an assistance group	46641
that includes a minor head of household or adult, assistance shall	46642
be provided in accordance with the self-sufficiency contract	46643
entered into under section 5107.14 of the Revised Code.	46644

(C) To be eligible to participate in Ohio works first, an	46645
assistance group must meet all of the following requirements:	46646

(1) The assistance group, except as provided in division (E)	46647
of this section, must include at least one of the following:	46648

(a) A minor child who, except as provided in section 5107.24	46649
of the Revised Code, resides with a parent, or specified relative	46650
caring for the child, or, to the extent permitted by Title IV-A	46651
and federal regulations adopted until Title IV-A, resides with a	46652
guardian or custodian caring for the child;	46653

(b) A parent residing with and caring for the parent's minor	46654
child who receives supplemental security income under Title XVI of	46655
the "Social Security Act," 86 Stat. 1475 (1972), 42 U.S.C.A. 1383,	46656
as amended, or federal, state, or local adoption assistance;	46657

(c) A specified relative residing with and caring for a minor	46658
child who is related to the specified relative in a manner that	46659
makes the specified relative a specified relative and receives	46660
supplemental security income or federal, state, or local foster	46661
care or adoption assistance;	46662

(d) A woman at least six months pregnant.

46663

(2) The assistance group must meet the income requirements	46664
established by division (D) of this section.	46665

(3) No member of the assistance group may be involved in a	46666
strike.	46667

(4) The assistance group must satisfy the requirements for	46668
Ohio works first established by this chapter and sections 5101.58,	46669
5101.59, and 5101.83 of the Revised Code.	46670

(5) The assistance group must meet requirements for Ohio	46671
works first established by rules adopted under section 5107.05 of	46672
the Revised Code.	46673

(D)(1) Except as provided in division (D)~~(3)~~(4) of this	46674
section, to determine whether an assistance group is initially	46675
eligible to participate in Ohio works first, a county department	46676
of job and family services shall do the following:	46677

(a) Determine whether the assistance group's gross income	46678
exceeds the ~~following amount:~~	46679

~~Size of Assistance Group~~

~~Gross Income~~

46680

1	~~$423~~	46681
2	~~$537~~	46682
3	~~$630~~	46683
4	~~$750~~	46684
5	~~$858~~	46685
6	~~$942~~	46686
7	~~$1,038~~	46687
8	~~$1,139~~	46688
9	~~$1,241~~	46689
10	~~$1,343~~	46690
11	~~$1,440~~	46691
12	~~$1,542~~	46692
13	~~$1,643~~	46693
14	~~$1,742~~	46694
15	~~$1,844~~	46695

~~For each person in the assistance group that brings the~~	46696
~~assistance group to more than fifteen persons, add one hundred two~~	46697
~~dollars to the amount of gross income for an assistance group of~~	46698
~~fifteen specified in division (D)(1)(a) of this section.~~	46699

Ininitial eligibility threshold. In making this	46700
determination, the county department shall disregard amounts that	46701
federal statutes or regulations and sections 5101.17 and 5117.10	46702
of the Revised Code require be disregarded. The assistance group	46703
is ineligible to participate in Ohio works first if the assistance	46704
group's gross income, less the amounts disregarded, exceeds the	46705
~~amount specified in division (D)(1)(a) of this section~~initial	46706
eligibility threshold.	46707

(b) If the assistance group's gross income, less the amounts	46708
disregarded pursuant to division (D)(1)(a) of this section, does	46709
not exceed the ~~amount specified in that division~~initial	46710
eligibility threshold, determine whether the assistance group's	46711
countable income is less than the payment standard. The assistance	46712
group is ineligible to participate in Ohio works first if the	46713
assistance group's countable income equals or exceeds the payment	46714
standard.	46715

(2) For the purpose of determining whether an assistance	46716
group meets the income requirement established by division	46717
(D)(1)(a) of this section, the annual revision that the United	46718
States department of health and human services makes to the	46719
federal poverty guidelines shall go into effect on the first day	46720
of July of the year for which the revision is made.	46721

(3) To determine whether an assistance group participating in	46722
Ohio works first continues to be eligible to participate, a county	46723
department of job and family services shall determine whether the	46724
assistance group's countable income continues to be less than the	46725
payment standard. In making this determination, the county	46726
department shall disregard the first two hundred fifty dollars and	46727
fifty per cent of the remainder of the assistance group's gross	46728
earned income. No amounts shall be disregarded from the assistance	46729
group's gross unearned income. The assistance group ceases to be	46730
eligible to participate in Ohio works first if its countable	46731
income, less the amounts disregarded, equals or exceeds the	46732
payment standard.	46733

~~(3)~~(4) If an assistance group reapplies to participate in	46734
Ohio works first not more than four months after ceasing to	46735
participate, a county department of job and family services shall	46736
use the income requirement established by division (D)~~(2)~~(3) of	46737
this section to determine eligibility for resumed participation	46738
rather than the income requirement established by division (D)(1)	46739
of this section.	46740

(E)(1) An assistance group may continue to participate in	46741
Ohio works first even though a public children services agency	46742
removes the assistance group's minor children from the assistance	46743
group's home due to abuse, neglect, or dependency if the agency	46744
does both of the following:	46745

(a) Notifies the county department of job and family services	46746
at the time the agency removes the children that it believes the	46747
children will be able to return to the assistance group within six	46748
months;	46749

(b) Informs the county department at the end of each of the	46750
first five months after the agency removes the children that the	46751
parent, guardian, custodian, or specified relative of the children	46752
is cooperating with the case plans prepared for the children under	46753
section 2151.412 of the Revised Code and that the agency is making	46754
reasonable efforts to return the children to the assistance group.	46755

(2) An assistance group may continue to participate in Ohio	46756
works first pursuant to division (E)(1) of this section for not	46757
more than six payment months. This division does not affect the	46758
eligibility of an assistance group that includes a woman at least	46759
six months pregnant.	46760

Sec. 5107.26. (A) As used in this section:

46761

(1) "Transitional child care" means publicly funded child	46762
care provided under division (A)(3) of section 5104.34 of the	46763
Revised Code.	46764

(2) "Transitional medicaid" means the medical assistance	46765
provided under section ~~5111.023~~5111.0115 of the Revised Code.	46766

(B) Except as provided in division (C) of this section, each	46767
member of an assistance group participating in Ohio works first is	46768
ineligible to participate in the program for six payment months if	46769
a county department of job and family services determines that a	46770
member of the assistance group terminated the member's employment	46771
and each person who, on the day prior to the day a recipient	46772
begins to receive transitional child care or transitional	46773
medicaid, was a member of the recipient's assistance group is	46774
ineligible to participate in Ohio works first for six payment	46775
months if a county department determines that the recipient	46776
terminated the recipient's employment.	46777

(C) No assistance group member shall lose or be denied	46778
eligibility to participate in Ohio works first pursuant to	46779
division (B) of this section if the termination of employment was	46780
because an assistance group member or recipient of transitional	46781
child care or transitional medicaid secured comparable or better	46782
employment or the county department of job and family services	46783
certifies that the member or recipient terminated the employment	46784
with just cause.	46785

Just cause includes the following:

46786

(1) Discrimination by an employer based on age, race, sex,	46787
color, handicap, religious beliefs, or national origin;	46788

(2) Work demands or conditions that render continued	46789
employment unreasonable, such as working without being paid on	46790
schedule;	46791

(3) Employment that has become unsuitable due to any of the	46792
following:	46793

(a) The wage is less than the federal minimum wage;

46794

(b) The work is at a site subject to a strike or lockout,	46795
unless the strike has been enjoined under section 208 of the	46796
"Labor-Management Relations Act," 61 Stat. 155 (1947), 29 U.S.C.A.	46797
178, as amended, an injunction has been issued under section 10 of	46798
the "Railway Labor Act," 44 Stat. 586 (1926), 45 U.S.C.A. 160, as	46799
amended, or an injunction has been issued under section 4117.16 of	46800
the Revised Code;	46801

(c) The documented degree of risk to the member or	46802
recipient's health and safety is unreasonable;	46803

(d) The member or recipient is physically or mentally unfit	46804
to perform the employment, as documented by medical evidence or by	46805
reliable information from other sources.	46806

(4) Documented illness of the member or recipient or of	46807
another assistance group member of the member or recipient	46808
requiring the presence of the member or recipient;	46809

(5) A documented household emergency;

46810

(6) Lack of adequate child care for children of the member or	46811
recipient who are under six years of age.	46812

Sec. 5107.30. (A) As used in this section:

46813

(1) "Equivalent of a high school diploma" and "good cause"	46814
have the meanings established in rules adopted under section	46815
5107.05 of the Revised Code.	46816

(2) "LEAP program" means the learning, earning, and parenting	46817
program.	46818

~~(2) "Teen"~~(3) "Participating teen" means an individual to	46819
whom all of the following apply:	46820

(a) The individual is a participant of Ohio works first ~~who~~;

46821

(b) The individual is under age eighteen or is age eighteen	46822
and in school and is a natural or adoptive parent or is pregnant;	46823

(c) The individual is subject to the LEAP program's	46824
requirements.	46825

~~(3)~~(4) "School" means an educational program that is designed	46826
to lead to the attainment of a high school diploma or the	46827
equivalent of a high school diploma.	46828

(B) The director of job and family services may ~~adopt rules~~	46829
~~under section 5107.05 of the Revised Code, to the extent that such~~	46830
~~rules are consistent with federal law, to do all of the following:~~	46831

~~(1) Define "good cause" and "the equivalent of a high school~~	46832
~~diploma" for the purposes of this section;~~	46833

~~(2) Conduct~~conduct a program titled the "LEAP program" ~~and~~	46834
~~establish requirements governing the program~~in accordance with	46835
rules adopted under section 5107.05 of the Revised Code. The	46836
purpose of the LEAP program is to encourage teens to complete	46837
school.	46838

~~(3) Require every~~Every participating teen ~~who is subject to~~	46839
~~LEAP program requirements to~~shall attend school in accordance	46840
with the requirements governing the LEAP program unless the	46841
participating teen shows good cause for not attending school. The	46842
department shall provide, in addition to the cash assistance	46843
payment provided under Ohio works first, an incentive payment, in	46844
an amount determined by the department, to every participating	46845
teen who ~~is participating in the LEAP program and~~ attends school	46846
in accordance with the requirements governing the LEAP program. In	46847
addition to the incentive payment, the department may provide	46848
other incentives to participating teens who attend school in	46849
accordance with the LEAP program's requirements. The department	46850
shall reduce the cash assistance payment, in an amount determined	46851
by the department, under Ohio works first to every participating	46852
teen ~~participating in the LEAP program~~ who fails or refuses,	46853
without good cause, to meet the LEAP program's requirements	46854
~~governing the program~~.	46855

~~(4) Require every~~Every participating teen ~~who is subject to~~	46856
~~LEAP program requirements to~~shall enter into a written agreement	46857
with the county department of job and family services that	46858
~~provides~~specifies all of the following:	46859

~~(a)~~(1) The participating teen, to be eligible to receive the	46860
incentive payment and other incentives, if any, under ~~division~~	46861
~~(B)(3) of~~ this section, must meet the requirements of the LEAP	46862
program.	46863

~~(b)~~(2) The ~~county department will provide the~~ incentive	46864
payment ~~to the teen~~and other incentives, if any, will be provided	46865
if the participating teen meets the requirements of the LEAP	46866
program.	46867

~~(c)~~(3) The ~~county department will reduce the~~participating	46868
teen's cash assistance payment under Ohio works first will be	46869
reduced if the participating teen fails or refuses without good	46870
cause to attend school in accordance with the requirements	46871
governing the LEAP program.	46872

(C) A minor head of household who is participating in the	46873
LEAP program shall be considered to be participating in a work	46874
activity for the purpose of sections 5107.40 to 5107.69 of the	46875
Revised Code. However, the minor head of household is not subject	46876
to the requirements or sanctions of those sections.	46877

(D) Subject to the availability of funds, county departments	46878
of job and family services shall provide for ~~LEAP participants~~	46879
participating teens to receive support services the county	46880
department determines to be necessary for LEAP participation.	46881
Support services may include publicly funded child care under	46882
Chapter 5104. of the Revised Code, transportation, and other	46883
services.	46884

Sec. 5107.301. For the purpose of encouraging individuals	46885
who have successfully completed the requirements of the LEAP	46886
program to enroll in post-secondary education, the director of job	46887
and family services may provide an award to such individuals who	46888
enroll in post-secondary education. If provided, the award shall	46889
be provided in accordance with rules adopted under section 5107.05	46890
of the Revised Code.	46891

Sec. 5107.58. In accordance with a federal waiver granted by	46892
the United States secretary of health and human services pursuant	46893
to a request made under former section 5101.09 of the Revised	46894
Code, county departments of job and family services may establish	46895
and administer as a work activity for minor heads of households	46896
and adults participating in Ohio works first an education program	46897
under which the participant is enrolled full-time in	46898
post-secondary education leading to vocation at a state	46899
institution of higher education, as defined in section 3345.031 of	46900
the Revised Code; a private nonprofit college or university that	46901
possesses a certificate of authorization issued by the Ohio board	46902
of regents pursuant to Chapter 1713. of the Revised Code, or is	46903
exempted by division (E) of section 1713.02 of the Revised Code	46904
from the requirement of a certificate; a school that holds a	46905
certificate of registration and program authorization issued by	46906
the state board of career colleges and schools under Chapter 3332.	46907
of the Revised Code; a private institution exempt from regulation	46908
under Chapter 3332. of the Revised Code as prescribed in section	46909
3333.046 of the Revised Code; or a school that has entered into a	46910
contract with the county department of job and family services.	46911
The participant shall make reasonable efforts, as determined by	46912
the county department, to obtain a loan, scholarship, grant, or	46913
other assistance to pay for the tuition, including a federal Pell	46914
grant under 20 U.S.C.A. 1070a ~~and~~, an Ohio instructional grant	46915
under section 3333.12 of the Revised Code, and an Ohio college	46916
opportunity grant under section 3333.122 of the Revised Code. If	46917
the participant has made reasonable efforts but is unable to	46918
obtain sufficient assistance to pay the tuition the program may	46919
pay the tuition. On or after October 1, 1998, the county	46920
department may enter into a loan agreement with the participant to	46921
pay the tuition. The total period for which tuition is paid and	46922
loans made shall not exceed two years. If the participant,	46923
pursuant to division (B)(3) of section 5107.43 of the Revised	46924
Code, volunteers to participate in the education program for more	46925
hours each week than the participant is assigned to the program,	46926
the program may pay or the county department may loan the cost of	46927
the tuition for the additional voluntary hours as well as the cost	46928
of the tuition for the assigned number of hours. The participant	46929
may receive, for not more than three years, support services,	46930
including publicly funded child care under Chapter 5104. of the	46931
Revised Code and transportation, that the participant needs to	46932
participate in the program. To receive support services in the	46933
third year, the participant must be, as determined by the	46934
educational institution in which the participant is enrolled, in	46935
good standing with the institution.	46936

A county department that provides loans under this section	46937
shall establish procedures governing loan application for and	46938
approval and administration of loans granted pursuant to this	46939
section.	46940

Sec. 5110.01. As used in this chapter:

46941

(A) "Administrative fee" means the amount specified in rules	46942
adopted under division (G) of section 5110.35 of the Revised Code.	46943

(B) "Children's health insurance program" means the	46944
children's health insurance program part I and part II established	46945
under sections 5101.50 to 5101.5110 of the Revised Code.	46946

(C) ~~"Disability medical assistance program" means the program~~	46947
~~established under section 5115.10 of the Revised Code.~~	46948

~~(D)~~ "Medicaid" means the medical assistance program	46949
established under Chapter 5111. of the Revised Code.	46950

~~(E)~~(D) "National drug code number" means the number	46951
registered for a drug pursuant to the listing system established	46952
by the United States food and drug administration under the "Drug	46953
Listing Act of 1972," 86 Stat. 559, 21 U.S.C. 360, as amended.	46954

~~(F)~~(E) "Ohio's best Rx program administrator" means the	46955
entity, if any, the department of job and family services	46956
contracts with pursuant to section 5110.10 of the Revised Code to	46957
perform administrative functions of the Ohio's best Rx program and	46958
to offer the mail order system through which Ohio's best Rx	46959
program participants may obtain drugs by mail.	46960

~~(G)~~(F) "Ohio's best Rx program applicant" or "applicant"	46961
means an individual who signs an application for the Ohio's best	46962
Rx program and submits it to the department of job and family	46963
services, or the Ohio's best Rx program administrator, for a	46964
determination of eligibility for the program.	46965

~~(H)~~(G) "Ohio's best Rx program participant" or "participant"	46966
means an individual determined eligible for the Ohio's best Rx	46967
program and included under a valid Ohio's best Rx program	46968
enrollment card.	46969

~~(I)~~(H) "Ohio's best Rx program price" means the price a	46970
participating terminal distributor is to charge an Ohio's best Rx	46971
program participant for a drug included in the Ohio's best Rx	46972
program as determined under section 5110.14 of the Revised Code.	46973
"Ohio's best Rx program price" does not include either of the	46974
following:	46975

(1) The amount of the professional fee, if any, the	46976
participating terminal distributor adds to the Ohio's best Rx	46977
program price pursuant to an agreement under section 5110.12 of	46978
the Revised Code;	46979

(2) The amount of the administrative fee, if any, the	46980
department of job and family services reports to the participating	46981
terminal distributor under section 5110.29 of the Revised Code.	46982

~~(J)~~(I) "Participating manufacturer" means a drug manufacturer	46983
participating in the Ohio's best Rx program pursuant to a rebate	46984
agreement.	46985

~~(K)~~(J) "Participating terminal distributor" means a terminal	46986
distributor of dangerous drugs participating in the Ohio's best Rx	46987
program pursuant to an agreement entered into with the department	46988
of job and family services under section 5110.12 of the Revised	46989
Code.	46990

~~(L)~~(K) "Per unit price," with regard to a state health	46991
benefit plan or state retirement system health benefit plan, means	46992
the total amount paid to a terminal distributor of dangerous drugs	46993
under a state health benefit plan or state retirement system	46994
health benefit plan for one unit of a drug covered by the plan,	46995
after the plan discounts or otherwise reduces the amount to be	46996
paid to the terminal distributor. "Per unit price" includes both	46997
of the following:	46998

(1) The amount that the state health benefit plan or state	46999
retirement system health benefit plan, or other government entity	47000
or person authorized to make the payment on behalf of the plan,	47001
pays to the terminal distributor of dangerous drugs;	47002

(2) The amount that the beneficiary of the state health	47003
benefit plan or state retirement system health benefit plan pays	47004
to the terminal distributor of dangerous drugs in the form of a	47005
copayment, coinsurance, or other cost-sharing charge.	47006

~~(M)~~(L) "Per unit rebate," with regard to a state health	47007
benefit plan or state retirement system health benefit plan, means	47008
all rebates, discounts, formulary fees, administrative fees, and	47009
other allowances a drug manufacturer pays to the plan, or other	47010
government entity or person authorized to receive all or part of	47011
such payments, for a drug during a calendar year, divided by the	47012
total number of units of that drug dispensed under the plan during	47013
the same calendar year.	47014

~~(N)~~(M) "Rebate administration percentage" means the	47015
percentage specified in rules adopted under division (K) of	47016
section 5110.35 of the Revised Code.	47017

~~(O)~~(N) "Rebate agreement" means an agreement under section	47018
5110.21 of the Revised Code between the department of job and	47019
family services and a drug manufacturer.	47020

~~(P)~~(O) "State health benefit plan" means a program of health	47021
care benefits offered through the Ohio med preferred provider	47022
organization, or a successor entity selected by the state, to	47023
which either of the following apply:	47024

(1) It is provided by a collective bargaining agreement	47025
authorized by division (A)(4) of section 4117.03 of the Revised	47026
Code.	47027

(2) It is offered by the department of administrative	47028
services to state employees in accordance with section 124.81 or	47029
124.82 of the Revised Code.	47030

~~(Q)~~(P) "State retirement system" means all of the following:	47031
the public employees retirement system, state teachers retirement	47032
system, school employees retirement system, Ohio police and fire	47033
pension fund, and state highway patrol retirement system.	47034

~~(R)~~(Q) "State retirement system health benefit plan" means a	47035
plan of health care benefits offered by a state retirement system	47036
under section 145.58, 742.45, 3307.39, 3309.69, or 5505.28 of the	47037
Revised Code.	47038

~~(S)~~(R) "Terminal distributor of dangerous drugs" has the same	47039
meaning as in section 4729.01 of the Revised Code.	47040

~~(T)~~(S) "Third-party payer" has the same meaning as in section	47041
3901.38 of the Revised Code.	47042

~~(U)~~(T) "Trade secret" has the same meaning as in section	47043
1333.61 of the Revised Code.	47044

~~(V)~~(U) "Usual and customary charge" means the amount a	47045
participating terminal distributor or the Ohio's best Rx program	47046
administrator charges for a drug included in the program to an	47047
individual who does not receive a discounted price for the drug	47048
pursuant to any drug discount program, including the Ohio's best	47049
Rx program, a prescription drug discount card program established	47050
under section 173.061 of the Revised Code, or a pharmacy	47051
assistance program established by any person or government entity,	47052
and for whom no third-party payer or program funded in whole or	47053
part with state or federal funds is responsible for all or part of	47054
the cost of the drug the distributor dispenses to the individual.	47055

Sec. 5110.05. (A) To be eligible for the Ohio's best Rx	47056
program, an individual must meet all of the following requirements	47057
at the time of application or reapplication for the program:	47058

(1) Be a resident of this state;

47059

(2) Have family income, as determined under rules adopted	47060
pursuant to section 5110.35 of the Revised Code, that does not	47061
exceed two hundred fifty per cent of the federal poverty	47062
guidelines, as revised annually by the United States department of	47063
health and human services in accordance with section 673(2) of the	47064
"Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	47065
U.S.C. 9902, as amended, or be sixty years of age or older;	47066

(3) Not have outpatient prescription drug coverage paid for	47067
in whole or in part by any of the following:	47068

(a) A third-party payer;

47069

(b) The medicaid program;

47070

47071

(d) ~~The disability medical assistance program;~~

47072

~~(e)~~ Another health plan or pharmacy assistance program that	47073
uses state or federal funds to pay part or all of the cost of the	47074
individual's outpatient prescription drugs, other than a	47075
prescription drug discount card program established under section	47076
173.061 of the Revised Code.	47077

(4) Not have had outpatient prescription drug coverage	47078
specified in division (A)(3) of this section during any of the	47079
four months preceding the month in which the application or	47080
reapplication for the Ohio's best Rx program is made, unless any	47081
of the following applies:	47082

(a) The individual is sixty years of age or older.

47083

(b) The third-party payer that paid all or part of the	47084
coverage filed for bankruptcy under federal bankruptcy laws.	47085

(c) The individual is no longer eligible for coverage	47086
provided through a retirement plan subject to protection under the	47087
"Employee Retirement Income Security Act of 1974," 88 Stat. 832,	47088
29 U.S.C. 1001, as amended.	47089

(d) The individual is no longer eligible for the medicaid	47090
program,or children's health insurance program~~, or disability~~	47091
~~medical assistance program~~.	47092

(B) Application and annual reapplication for the Ohio's best	47093
Rx program shall be made in accordance with rules adopted under	47094
section 5110.35 of the Revised Code on a form prescribed in those	47095
rules. An individual may apply or reapply on behalf of the	47096
individual and the individual's spouse and children. The guardian	47097
or custodian of an individual may apply or reapply on behalf of	47098
the individual.	47099

Sec. 5110.352. As used in this section, "medicaid dispensing	47100
fee" means the dispensing fee established under section ~~5111.08~~	47101
5111.071 of the Revised Code for the medicaid program.	47102

In adopting a rule under division (F) of section 5110.35 of	47103
the Revised Code increasing the maximum amount of the professional	47104
fee participating terminal distributors may charge Ohio's best Rx	47105
program participants under section 5110.12 of the Revised Code and	47106
the Ohio's best Rx program administrator may charge under a	47107
contract entered into under section 5110.10 of the Revised Code,	47108
the department of job and family services shall review the amount	47109
of the professional fee once a year or, at the department's	47110
discretion, at more frequent intervals and shall not increase the	47111
professional fee to an amount exceeding the medicaid dispensing	47112
fee.	47113

A participating terminal distributor and the Ohio's best Rx	47114
program administrator may charge a maximum three dollar	47115
professional fee regardless of whether the medicaid dispensing fee	47116
for that drug is less than that amount. The department, however,	47117
may not adopt a rule increasing the maximum professional fee for	47118
that drug until the medicaid dispensing fee for that drug exceeds	47119
that amount.	47120

Sec. 5110.39. Not later than ~~April 1, 2005~~the first day of	47121
March of each year, the department of job and family services	47122
shall do all of the following:	47123

(A) Create a list of the twenty-five drugs most often	47124
dispensed to Ohio's best Rx program participants under the	47125
program, using data from the most recent six-month period for	47126
which the data is available;	47127

(B) Determine the average amount that participating terminal	47128
distributors charge, on a date selected by the department,	47129
participants for each drug included on the list created under	47130
division (A) of this section;	47131

(C) Determine, for the date selected for division (B) of this	47132
section, the average usual and customary charge of participating	47133
terminal distributors for each drug included on the list created	47134
under division (A) of this section;	47135

(D) By comparing the average charges determined under	47136
divisions (B) and (C) of this section, determine the average	47137
percentage savings in the amount participating terminal	47138
distributors charge Ohio's best Rx program participants for each	47139
drug included on the list created under division (A) of this	47140
section.	47141

Sec. 5111.011. (A) As used in this section:

47142

(1) "Intermediate care facility for the mentally retarded"	47143
has the same meaning as in section 5111.20 of the Revised Code.	47144

(2) "Nursing facility" ~~means a facility defined as a nursing~~	47145
~~facility under Sec. 1919 of the "Social Security Act," 49 Stat.~~	47146
~~620 (1935), 42 U.S.C. 1396r, as amended~~has the same meaning as in	47147
section 5111.20 of the Revised Code.	47148

~~(2)~~(3) "Institutionalized individual" means an individual who	47149
is a patient in a nursing facility or who receives home and	47150
community-based services under a federal waiver granted the	47151
department of job and family services under 42 U.S.C.	47152
1396a(10)(A)(ii)(VI).	47153

(B) Subject to this section, the director of job and family	47154
services shall, pursuant to section 111.15 of the Revised Code,	47155
adopt rules establishing eligibility requirements for the ~~medical~~	47156
~~assistance~~medicaid program and defining, consistent with federal	47157
law, the term "resources" as used in this section.	47158

(C) In determining eligibility for ~~medical assistance~~the	47159
medicaid program, the following shall apply with respect to real	47160
property used by an aged, blind or disabled applicant or recipient	47161
as a homestead or principal place of residence:	47162

(1) The value of ~~real~~the property ~~of aged, blind, or~~	47163
~~disabled persons used as a homestead by such persons~~ shall be the	47164
maximum allowed under Title XVI of the "Social Security Act."," 86	47165
Stat. 1329 (1972), 42 U.S.C. 1381;	47166

(2) Except as provided in division (C)(3) of this section,	47167
the department of job and family services may consider the	47168
property to not be the homestead or principal place of residence	47169
of the applicant or recipient if the applicant or recipient	47170
resides in a nursing facility, intermediate care facility for the	47171
mentally retarded, or other medical institution for thirteen	47172
months or longer.	47173

(3) Division (C)(2) of this section does not apply if any of	47174
the following individuals reside in the applicant's or recipient's	47175
real property used as a homestead or principal place of residence:	47176

(a) The applicant's or recipient's spouse;

47177

(b) A son or daughter of the applicant or recipient, if the	47178
son or daughter is under twenty-one years of age or blind or	47179
disabled in accordance with rules adopted by the director of job	47180
and family services;	47181

(c) A son or daughter of the applicant or recipient, if the	47182
son or daughter is financially dependent on theapplicant or	47183
recipient for housing in accordance with rules adopted by the	47184
director of job and family services;	47185

(d) A sibling of the applicant or recipient, if the sibling	47186
has a verified equity and ownership interest in the real property	47187
and has resided in the real property for at least one year	47188
immediately before the date the applicant or recipient was	47189
admitted to the nursing facility, intermediate care facility for	47190
the mentally retarded, or other medical institution.	47191

(D) Except as provided in division (G) of this section, no	47192
person is eligible for ~~medical assistance~~the medicaid program if	47193
on or prior to December 31, 1989, the person has transferred real	47194
or personal property for the purpose of securing ~~medical~~	47195
~~assistance under section 5111.01 of the Revised Code~~medicaid	47196
eligibility and the transfer occurred during the two years	47197
preceding the person's application. In order to secure compliance	47198
with this division, the director of job and family services shall	47199
require all applicants for ~~assistance~~medicaid to submit true and	47200
correct copies of any federal income or gift tax form or schedule	47201
filed, singly or jointly, by the applicant during the preceding	47202
five taxable years. Such copies, and the information disclosed	47203
thereon, shall be used solely for the purpose of determining the	47204
probability of whether the applicant has transferred assets in	47205
violation of this division. The director shall provide for the	47206
confidentiality and return of any copies of forms or schedules	47207
submitted under this division. Where such copies reveal the	47208
probability that an applicant has transferred assets in violation	47209
of this division, a presumption arises that the applicant has	47210
transferred assets in violation of this division, and the director	47211
shall deny the application until the applicant submits a true and	47212
accurate expenditure statement to the director that shows the	47213
applicant did not violate this division. The director of job and	47214
family services shall adopt rules to implement this provision.	47215

(E)(1) Except as provided in ~~division~~divisions (E)(2) and	47216
(G) of this section, an institutionalized individual who is	47217
otherwise eligible for ~~medical assistance~~medicaid shall be	47218
ineligible for nursing facility services or services provided	47219
under a home and community-based waiver for a period specified in	47220
rules adopted under division (E)~~(2)~~(3) of this section if the	47221
institutionalized individual or individual's spouse, on or after	47222
January 1, 1990, transfers resources for less than fair market	47223
value at any time during or after ~~a period of time, as specified~~	47224
~~in rules adopted under division (E)(2) of this section,~~the	47225
five-year period immediately prior to either of the following:	47226

(a) The date the individual becomes an institutionalized	47227
individual if the individual is eligible for ~~medical assistance~~	47228
medicaid on that date;	47229

(b) The date the individual applies for ~~medical assistance~~	47230
medicaid while an institutionalized individual.	47231

(2) The director shall apply to the United States secretary	47232
of health and human services for a waiver of federal law governing	47233
the medicaid program as necessary for the implementation of the	47234
five-year look-back period provided for by division (E)(1) of this	47235
section. If a waiver is not approved, the look-back period shall	47236
be the period of time specified in 42 U.S.C. 1396p(c).	47237

(3) The director shall adopt rules specifying, for the	47238
purpose of division (E)(1) of this section, the ~~period of time~~	47239
~~preceding institutionalization or application for medical~~	47240
~~assistance during which transfers of assets for less than fair~~	47241
~~market value are prohibited and the~~ length of the ~~resulting~~ period	47242
of ineligibility due to transfers of resources for less than fair	47243
market value on or after the look-back date. The period of	47244
ineligibility shall begin with the month in which the resources	47245
were transferred. The rules shall be consistent with Title XIX of	47246
the "Social Security Act.," 79 Stat. 286 (1965), 42 U.S.C. 1396.	47247
The department shall allow exceptions to the period of	47248
ineligibility to the extent that exceptions are permitted by that	47249
title. An exception based on undue hardship to the	47250
institutionalized individual shall be allowed only so long as the	47251
individual cooperates with the department or the county department	47252
of job and family services in securing the return of transferred	47253
resources.	47254

~~(3)~~(4) To secure compliance with this division, the	47255
department may require applicants for and recipients of ~~medical~~	47256
~~assistance~~medicaid, as a condition of eligibility, to provide	47257
documentation of their income and resources up to five years prior	47258
to the ~~time of application~~date the individual becomes an	47259
institutionalized individual if the individual is eligible for	47260
medicaid on that date or the date the individual applies for	47261
medicaid while an institutionalized individual. Documentation may	47262
include, but is not limited to, tax returns, records from	47263
financial institutions, and real property records.	47264

(F) The director shall, by rule adopted in accordance with	47265
section 111.15 of the Revised Code, establish standards consistent	47266
with federal law for allocating income and resources as income and	47267
resources of the spouse, children, parents, or stepparents of a	47268
recipient of or applicant for ~~medical assistance~~medicaid.	47269
Notwithstanding any provision of state law, including statutes,	47270
administrative rules, common law, and court rules, regarding real	47271
or personal property or domestic relations, the standards	47272
established under this division shall be used to determine	47273
eligibility for ~~medical assistance~~medicaid.	47274

(G) The director may, by rule adopted in accordance with	47275
section 111.15 of the Revised Code, exempt individuals who apply	47276
for or receive ~~any medical assistance~~medicaid that may be	47277
provided pursuant to division (C) of section 5111.01 of the	47278
Revised Code from some or all of the requirements of this section.	47279

Sec. 5111.019. (A) The director of job and family services	47280
shall submit to the United States secretary of health and human	47281
services an amendment to the state medicaid plan to make an	47282
individual who meets all of the following requirements eligible	47283
for medicaid for the amount of time provided by division (B) of	47284
this section:	47285

(1) The individual is the parent of a child under nineteen	47286
years of age and resides with the child;	47287

(2) The individual's family income does not exceed ~~one~~	47288
~~hundred~~ninety per cent of the federal poverty guidelines;	47289

(3) The individual is not otherwise eligible for medicaid;

47290

(4) The individual satisfies all relevant requirements	47291
established by rules adopted under division (D) of section 5111.01	47292
of the Revised Code.	47293

(B) An individual is eligible to receive medicaid under this	47294
section for a period that does not exceed two years beginning on	47295
the date on which eligibility is established.	47296

~~(C) If approved by the United States secretary of health and~~	47297
~~human services and the director of job and family services, the~~	47298
~~director shall implement the medicaid plan amendment submitted~~	47299
~~under this section not sooner than July 1, 2000. If a federal~~	47300
~~waiver is necessary for the United States secretary to approve the~~	47301
~~amendment, the director of job and family services shall submit a~~	47302
~~waiver request to the United States secretary not later than~~	47303
~~ninety days after the effective date of this section.~~	47304

Sec. 5111.0112. (A) The director of job and family services	47305
shall ~~examine instituting~~institute a copayment program under	47306
medicaid. ~~As part of the examination, the director shall determine~~	47307
~~which~~Except as provided in division (C) of this section, the	47308
copayment program shall establish a copayment requirement for all	47309
groups of medicaid recipients ~~may be subjected to a copayment~~	47310
~~requirement under~~and medicaid services to the extent permitted by	47311
federal statutes and regulations. ~~If, on completion of the~~	47312
~~examination, the director determines that it is feasible to~~	47313
~~institute such a copayment program, the director may seek approval~~	47314
~~from the United States secretary of health and human services to~~	47315
~~institute the copayment program. If necessary, the director may~~	47316
~~seek approval by applying for a waiver of federal statutes and~~	47317
~~regulations. If such approval is obtained, the~~The amount of the	47318
copayments shall be the maximum amount permitted by 42 C.F.R.	47319
447.54 or a regulation that replaces it. The director shall adopt	47320
rules ~~in accordance with Chapter 119.~~under section 5111.02 of the	47321
Revised Code governing the copayment program.	47322

(B) The copayment program shall, to the extent permitted by	47323
federal law, provide for all of the following with regard to any	47324
providers participating in the medicaid program:	47325

(1) No provider shall refuse to provide a service to a	47326
medicaid recipient who is unable to pay a required copayment for	47327
the service.	47328

(2) Division (B)(1) of this section shall not be considered	47329
to do either of the following with regard to a medicaid recipient	47330
who is unable to pay a required copayment:	47331

(a) Relieve the medicaid recipient from the obligation to pay	47332
a copayment;	47333

(b) Prohibit the provider from attempting to collect an	47334
unpaid copayment.	47335

(3) No provider shall waive a medicaid recipient's obligation	47336
to pay the provider a copayment.	47337

(4) No provider or drug manufacturer, including the	47338
manufacturer's representative, employee, independent contractor,	47339
or agent, shall pay any copayment on behalf of a medicaid	47340
recipient.	47341

(5) If it is the routine business practice of the provider to	47342
refuse service to any individual who owes an outstanding debt to	47343
the provider, the provider shall consider an unpaid copayment	47344
imposed by the copayment program as an outstanding debt and shall	47345
refuse service to a medicaid recipient who owes the provider an	47346
outstanding debt. If the provider intends to refuse service to a	47347
medicaid recipient who owes the provider an outstanding debt, the	47348
provider shall notify the individual of the provider's intent to	47349
refuse services.	47350

(C) The director shall exclude generic drugs from the	47351
copayment program instituted under this section.	47352

Sec. 5111.0114. (A) As used in this section, "dangerous drug"	47353
and "manufacturer of dangerous drugs" have the same meaning as in	47354
section 4729.01 of the Revised Code.	47355

(B) The director of job and family services may enter into or	47356
administer an agreement or cooperative arrangement with other	47357
states to create or join a multiple-state prescription drug	47358
purchasing program for the purpose of negotiating with	47359
manufacturers of dangerous drugs to receive discounts or rebates	47360
for dangerous drugs dispensed under the medicaid program.	47361

~~Sec. 5111.023.~~ Sec. 5111.0115. (A) The department of job and	47362
family services may provide medical assistance under ~~Title XIX of~~	47363
~~the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as~~	47364
~~amended, in addition to such assistance provided under section~~	47365
~~5111.01 of the Revised Code~~the medicaid program, as long as	47366
federal funds are provided for such assistance, to each former	47367
participant of the Ohio works first program established under	47368
Chapter 5107. of the Revised Code who meets all of the following	47369
requirements:	47370

(1) Is ineligible to participate in Ohio works first solely	47371
as a result of increased income due to employment;	47372

(2) Is not covered by, and does not have access to, medical	47373
insurance coverage through the employer with benefits comparable	47374
to those provided under this section, as determined in accordance	47375
with rules adopted by the director of job and family services	47376
under division (B) of this section;	47377

(3) Meets any other requirement established by rule adopted	47378
under division (B) of this section.	47379

(B) The director of job and family services shall adopt such	47380
rules under Chapter 119. of the Revised Code as are necessary to	47381
implement and administer the medical assistance program under this	47382
section.	47383

(C) A person seeking to participate in a program of medical	47384
assistance under this section shall apply to the county department	47385
of job and family services in the county in which the applicant	47386
resides. The application shall be made on a form prescribed by the	47387
department of job and family services and furnished by the county	47388
department.	47389

(D) If the county department of job and family services	47390
determines that a person is eligible to receive medical assistance	47391
under this section, the department shall provide assistance, to	47392
the same extent and in the same manner as medical assistance is	47393
provided to a person eligible for medical assistance pursuant to	47394
division (A)(1)(a) of section 5111.01 of the Revised Code, for no	47395
longer than twelve months, beginning the month after the date the	47396
participant's eligibility for Ohio works first is terminated.	47397

Sec. 5111.02. The director of job and family services shall	47398
adopt, and may amend or rescind, rules under Chapter 119. of the	47399
Revised Code establishing the amount, duration, and scope of	47400
medicaid services. The rules shall be consistent with federal and	47401
state law. The rules may be different for different medicaid	47402
services. The rules shall establish all of the following:	47403

(A) The conditions under which the medicaid program shall	47404
cover and reimburse medicaid services;	47405

(B) The method of reimbursement applicable to each medicaid	47406
service;	47407

(C) The amount of reimbursement or, in lieu of amounts,	47408
methods by which amounts are to be determined for each medicaid	47409
service;	47410

(D) Procedures for enforcing the rules adopted under this	47411
section that provide due process protections, including procedures	47412
for corrective action plans for, and imposing financial and	47413
administrative sanctions on, persons and government entities that	47414
violate the rules.	47415

~~Sec. 5111.02.~~ Sec. 5111.021. ~~(A)~~ Under the ~~medical assistance~~	47416
medicaid program:	47417

~~(1)~~(A) Except as otherwise permitted by federal statute or	47418
regulation and at the department's discretion, reimbursement by	47419
the department of job and family services to a medical provider	47420
for any medical service rendered under the program shall not	47421
exceed the authorized reimbursement level for the same service	47422
under the medicare program established under Title XVIII of the	47423
"Social Security Act," 4979 Stat. ~~620~~286 (~~1935~~1965), 42	47424
U.S.C.~~A. 301~~1395, as amended.	47425

~~(2)~~(B) Reimbursement for freestanding medical laboratory	47426
charges shall not exceed the customary and usual fee for	47427
laboratory profiles.	47428

~~(3)~~(C) The department may deduct from payments for services	47429
rendered by a medicaid provider under the ~~medical assistance~~	47430
medicaid program any amounts the provider owes the state as the	47431
result of incorrect ~~medical assistance~~medicaid payments the	47432
department has made to the provider.	47433

~~(4)~~(D) The department may conduct final fiscal audits in	47434
accordance with the applicable requirements set forth in federal	47435
laws and regulations and determine any amounts the provider may	47436
owe the state. When conducting final fiscal audits, the department	47437
shall consider generally accepted auditing standards, which	47438
include the use of statistical sampling.	47439

~~(5)~~(E) The number of days of inpatient hospital care for	47440
which reimbursement is made on behalf of a medicaid recipient of	47441
~~medical assistance~~ to a hospital that is not paid under a	47442
diagnostic-related-group prospective payment system shall not	47443
exceed thirty days during a period beginning on the day of the	47444
recipient's admission to the hospital and ending sixty days after	47445
the termination of that hospital stay, except that the department	47446
may make exceptions to this limitation. The limitation does not	47447
apply to children participating in the program for medically	47448
handicapped children established under section 3701.023 of the	47449
Revised Code.	47450

~~(B) The director of job and family services may adopt, amend,~~	47451
~~or rescind rules under Chapter 119. of the Revised Code~~	47452
~~establishing the amount, duration, and scope of medical services~~	47453
~~to be included in the medical assistance program. Such rules shall~~	47454
~~establish the conditions under which services are covered and~~	47455
~~reimbursed, the method of reimbursement applicable to each covered~~	47456
~~service, and the amount of reimbursement or, in lieu of such~~	47457
~~amounts, methods by which such amounts are to be determined for~~	47458
~~each covered service. Any rules that pertain to nursing facilities~~	47459
~~or intermediate care facilities for the mentally retarded shall be~~	47460
~~consistent with sections 5111.20 to 5111.33 of the Revised Code.~~	47461

~~(C)~~(F) The division of any reimbursement between a	47462
collaborating physician or podiatrist and a clinical nurse	47463
specialist, certified nurse-midwife, or certified nurse	47464
practitioner for services performed by the nurse shall be	47465
determined and agreed on by the nurse and collaborating physician	47466
or podiatrist. In no case shall reimbursement exceed the payment	47467
that the physician or podiatrist would have received had the	47468
physician or podiatrist provided the entire service.	47469

~~Sec. 5111.021.~~ Sec. 5111.022. Under the ~~medical assistance~~	47470
medicaid program, any amount determined to be owed the state by a	47471
final fiscal audit conducted pursuant to division ~~(A)(4)~~(D) of	47472
section ~~5111.02~~5111.021 of the Revised Code, upon the issuance of	47473
an adjudication order pursuant to Chapter 119. of the Revised Code	47474
that contains a finding that there is a preponderance of the	47475
evidence that the provider will liquidate assets or file	47476
bankruptcy in order to prevent payment of the amount determined to	47477
be owed the state, becomes a lien upon the real and personal	47478
property of the provider. Upon failure of the provider to pay the	47479
amount to the state, the director of job and family services shall	47480
file notice of the lien, for which there shall be no charge, in	47481
the office of the county recorder of the county in which it is	47482
ascertained that the provider owns real or personal property. The	47483
director shall notify the provider by mail of the lien, but	47484
absence of proof that the notice was sent does not affect the	47485
validity of the lien. The lien is not valid as against the claim	47486
of any mortgagee, pledgee, purchaser, judgment creditor, or other	47487
lienholder of record at the time the notice is filed.	47488

If the provider acquires real or personal property after	47489
notice of the lien is filed, the lien shall not be valid as	47490
against the claim of any mortgagee, pledgee, subsequent bona fide	47491
purchaser for value, judgment creditor, or other lienholder of	47492
record to such after-acquired property unless the notice of lien	47493
is refiled after the property is acquired by the provider and	47494
before the competing lien attaches to the after-acquired property	47495
or before the conveyance to the subsequent bona fide purchaser for	47496
value.	47497

When the amount has been paid, the provider may record with	47498
the recorder notice of the payment. For recording such notice of	47499
payment, the recorder shall charge and receive from the provider a	47500
base fee of one dollar for services and a housing trust fund fee	47501
of one dollar pursuant to section 317.36 of the Revised Code.	47502

In the event of a distribution of a provider's assets	47503
pursuant to an order of any court under the law of this state	47504
including any receivership, assignment for benefit of creditors,	47505
adjudicated insolvency, or similar proceedings, amounts then or	47506
thereafter due the state under this chapter have the same priority	47507
as provided by law for the payment of taxes due the state and	47508
shall be paid out of the receivership trust fund or other such	47509
trust fund in the same manner as provided for claims for unpaid	47510
taxes due the state.	47511

If the attorney general finds after investigation that any	47512
amount due the state under this chapter is uncollectable, in whole	47513
or in part, the attorney general shall recommend to the director	47514
the cancellation of all or part of the claim. The director may	47515
thereupon effect the cancellation.	47516

~~Sec. 5111.022.~~ Sec. 5111.023. (A) As used in this section:

47517

(1) "Community mental health facility" means a community	47518
mental health facility that has a quality assurance program	47519
accredited by the joint commission on accreditation of healthcare	47520
organizations or is certified by the department of mental health	47521
or department of job and family services.	47522

(2) "Mental health professional" means a person qualified to	47523
work with mentally ill persons under the standards established by	47524
the director of mental health pursuant to section 5119.611 of the	47525
Revised Code.	47526

(B) The state medicaid plan shall include provision of the	47527
following mental health services when provided by community mental	47528
health facilities:	47529

(1) Outpatient mental health services, including, but not	47530
limited to, preventive, diagnostic, therapeutic, rehabilitative,	47531
and palliative interventions rendered to individuals in an	47532
individual or group setting by a mental health professional in	47533
accordance with a plan of treatment appropriately established,	47534
monitored, and reviewed;	47535

(2) Partial-hospitalization mental health services of three	47536
to fourteen hours per service day, rendered by persons directly	47537
supervised by a mental health professional;	47538

(3) Unscheduled, emergency mental health services of a kind	47539
ordinarily provided to persons in crisis when rendered by persons	47540
supervised by a mental health professional;	47541

(4) Subject to receipt of federal approval, assertive	47542
community treatment and intensive home-based mental health	47543
services.	47544

(C) The comprehensive annual plan shall certify the	47545
availability of sufficient unencumbered community mental health	47546
state subsidy and local funds to match federal medicaid	47547
reimbursement funds earned by community mental health facilities.	47548

(D) The department of job and family services shall enter	47549
into a separate contract with the department of mental health	47550
under section 5111.91 of the Revised Code with regard to the	47551
component of the medicaid program provided for by this section.	47552

(E) Not later than July 21, ~~2004~~2007, the department of job	47553
and family services shall request federal approval to provide	47554
assertive community treatment and intensive home-based mental	47555
health services under medicaid pursuant to this section.	47556

(F) On receipt of federal approval sought under division (E)	47557
of this section, the director of job and family services shall	47558
adopt rules in accordance with Chapter 119. of the Revised Code	47559
for assertive community treatment and intensive home-based mental	47560
health services provided under medicaid pursuant to this section.	47561
The director shall consult with the department of mental health in	47562
adopting the rules.	47563

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	47564
the Revised Code, the director of job and family services shall	47565
modify the manner or establish a new manner in which the following	47566
are paid under medicaid:	47567

(1) Community mental health facilities for providing mental	47568
health services included in the state medicaid plan pursuant to	47569
section ~~5111.022~~5111.023 of the Revised Code;	47570

(2) Providers of alcohol and drug addiction services for	47571
providing alcohol and drug addiction services included in the	47572
medicaid program pursuant to rules adopted under section 5111.02	47573
of the Revised Code.	47574

(B) The director's authority to modify the manner, or to	47575
establish a new manner, for medicaid to pay for the services	47576
specified in division (A) of this section is not limited by any	47577
rules adopted under section 5111.02 or 5119.61 of the Revised Code	47578
that are in effect on ~~the effective date of this section~~June 26,	47579
2003, and govern the way medicaid pays for those services. This is	47580
the case regardless of what state agency adopted the rules.	47581

Sec. 5111.027. If the medicaid program provides prescription	47582
drug services to medicaid recipients, the program shall not	47583
provide reimbursement for prescription drugs for treatment of	47584
erectile dysfunction.	47585

Sec. 5111.028. (A) The director of job and family services	47586
may establish a step therapy system for the medicaid program under	47587
which a medicaid provider shall do, except as provided in division	47588
(B) of this section, all of the following:	47589

(1) When prescribing an initial medical treatment for a	47590
medicaid recipient, prescribe the least costly treatment that can	47591
be used to safely and effectively treat the medicaid recipient's	47592
symptoms or effect a cure for the medicaid recipient's medical	47593
condition;	47594

(2) If the initial medical treatment does not treat the	47595
symptoms or effect a cure, sequentially prescribe increasingly	47596
more costly treatments after providing the director with clinical	47597
substantiation that the previous treatment was unsafe or	47598
ineffective in treating the symptoms or effecting a cure.	47599

(B) A medicaid provider is not required to follow the step	47600
therapy system if the treatment a medicaid recipient needs is an	47601
antiretroviral agent.	47602

Sec. 5111.042. The departments of mental retardation and	47603
developmental disabilities and job and family services may	47604
approve, reduce, deny, or terminate a service included in the	47605
individualized service plan developed for a medicaid recipient	47606
with mental retardation or other developmental disability who is	47607
eligible for medicaid case management services. ~~The departments~~	47608
~~shall consider the recommendations a county board of mental~~	47609
~~retardation and developmental disabilities makes under division~~	47610
~~(B)(1) of section 5126.055 of the Revised Code.~~ If either	47611
department approves, reduces, denies, or terminates a service,	47612
that department shall timely notify the medicaid recipient that	47613
the recipient may request a hearing under section 5101.35 of the	47614
Revised Code.	47615

Sec. 5111.06. (A)(1) As used in this section and in sections	47616
5111.061 and 5111.062 of the Revised Code:	47617

(a) "Provider" means any person, institution, or entity that	47618
furnishes medicaid services under a provider agreement with the	47619
department of job and family services pursuant to Title XIX of the	47620
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	47621
amended.	47622

(b) "Party" has the same meaning as in division (G) of	47623
section 119.01 of the Revised Code.	47624

(c) "Adjudication" has the same meaning as in division (D) of	47625
section 119.01 of the Revised Code.	47626

(2) This section does not apply to any action taken by the	47627
department of job and family services under sections 5111.35 to	47628
5111.62 of the Revised Code.	47629

(B) Except as provided in division (D) of this section and	47630
section 5111.914 of the Revised Code, the department shall do	47631
either of the following by issuing an order pursuant to an	47632
adjudication conducted in accordance with Chapter 119. of the	47633
Revised Code:	47634

(1) Enter into or refuse to enter into a provider agreement	47635
with a provider, or suspend, terminate, renew, or refuse to renew	47636
an existing provider agreement with a provider;	47637

(2) Take any action based upon a final fiscal audit of a	47638
provider.	47639

(C) Any party who is adversely affected by the issuance of an	47640
adjudication order under division (B) of this section may appeal	47641
to the court of common pleas of Franklin county in accordance with	47642
section 119.12 of the Revised Code.	47643

(D) The department is not required to comply with division	47644
(B)(1) of this section whenever any of the following occur:	47645

(1) The terms of a provider agreement require the provider to	47646
have a license, permit, or certificate issued by an official,	47647
board, commission, department, division, bureau, or other agency	47648
of state government other than the department of job and family	47649
services, and the license, permit, or certificate has been denied	47650
or revoked.	47651

(2) The provider agreement is denied, terminated, or not	47652
renewed pursuant to division (C) or (E) of section 5111.03 of the	47653
Revised Code;	47654

(3) The provider agreement is denied, terminated, or not	47655
renewed due to the provider's termination, suspension, or	47656
exclusion from the medicare program established under Title XVIII	47657
of the "Social Security Act," and the termination, suspension, or	47658
exclusion is binding on the provider's participation in the	47659
medicaid program;	47660

(4) The provider agreement is denied, terminated, or not	47661
renewed due to the provider's pleading guilty to or being	47662
convicted of a criminal activity materially related to either the	47663
medicare or medicaid program;	47664

(5) The provider agreement is denied, terminated, or	47665
suspended as a result of action by the United States department of	47666
health and human services and that action is binding on the	47667
provider's participation in the medicaid program;	47668

(6) The provider agreement is terminated or not renewed	47669
because the provider has not billed or otherwise submitted a	47670
medicaid claim to the department for two years or longer, and the	47671
department has determined that the provider has moved from the	47672
address on record with the department without leaving an active	47673
forwarding address with the department.	47674

In the case of a provider described in division (D)(6) of	47675
this section, the department may terminate or not renew the	47676
provider agreement by sending a notice explaining the department's	47677
proposed action to the address on record with the department. The	47678
notice may be sent by regular mail.	47679

(E) The department may withhold payments for services	47680
rendered by a medicaid provider under the medical assistance	47681
program during the pendency of proceedings initiated under	47682
division (B)(1) of this section. If the proceedings are initiated	47683
under division (B)(2) of this section, the department may withhold	47684
payments only to the extent that they equal amounts determined in	47685
a final fiscal audit as being due the state. This division does	47686
not apply if the department fails to comply with section 119.07 of	47687
the Revised Code, requests a continuance of the hearing, or does	47688
not issue a decision within thirty days after the hearing is	47689
completed. This division does not apply to nursing facilities and	47690
intermediate care facilities for the mentally retarded as defined	47691
in section 5111.20 of the Revised Code.	47692

Sec. 5111.061. (A) The department of job and family services	47693
may recover, at any time, a medicaid payment or portion of a	47694
payment made to a provider to which the provider is not entitled.	47695
Among the overpayments that may be recovered under this section	47696
are the following:	47697

(1) Payment for a service, or a day of service, not rendered;

47698

(2) Payment for a day of service at a full per diem rate that	47699
should have been paid at a percentage of the full per diem rate;	47700

(3) Payment of a service, or day of service, that was paid	47701
by, or partially paid by, a third-party, as defined in section	47702
5101.571 of the Revised Code, and the third-party's payment or	47703
partial payment was not offset against the amount paid by the	47704
medicaid program to reduce or eliminate the amount that was paid	47705
by the medicaid program;	47706

(4) Payment when a medicaid recipient's responsibility for	47707
payment was understated and resulted in an overpayment to the	47708
provider.	47709

(B) The department is authorized to recover overpayments	47710
under this section prior to or after any of the following:	47711

(1) Adjudication of a final fiscal audit that section 5111.06	47712
of the Revised Code requires to be conducted in accordance with	47713
Chapter 119. of the Revised Code;	47714

(2) Adjudication of a finding under any other provision of	47715
this chapter or the rules adopted under it;	47716

(3) Expiration of the time to issue a final fiscal audit that	47717
section 5111.06 of the Revised Code requires to be conducted in	47718
accordance with Chapter 119. of the Revised Code;	47719

(4) Expiration of the time to issue a finding under any other	47720
provision of this chapter or the rules adopted under it.	47721

(C)(1) Subject to division (C)(2) of this section, the	47722
recovery of an overpayment under this section does not preclude	47723
the department from subsequently doing the following:	47724

(a) Issuing a final fiscal audit in accordance with Chapter	47725
119. of the Revised Code, as required under section 5111.06 of the	47726
Revised Code;	47727

(b) Issuing a finding under any other provision of this	47728
chapter or the rules adopted under it.	47729

(2) A final fiscal audit or finding issued subsequent to the	47730
recovery of an overpayment under this section shall be reduced by	47731
the amount of the prior recovery, as appropriate.	47732

(D) Nothing in this section limits the department's authority	47733
to recover overpayments pursuant to any other provision of the	47734
Revised Code.	47735

Sec. 5111.062. In any action taken by the department of job	47736
and family services under section 5111.06 or 5111.061 of the	47737
Revised Code or any other provision of this chapter that requires	47738
the department to give notice of an opportunity for a hearing in	47739
accordance with Chapter 119. of the Revised Code, if the	47740
department gives notice of the opportunity for a hearing but the	47741
provider or other entity subject to the notice does not request a	47742
hearing or timely request a hearing in accordance with section	47743
119.07 of the Revised Code, the department is not required to hold	47744
a hearing. The director of job and family service may proceed by	47745
issuing a final adjudication order in accordance with Chapter 119.	47746
of the Revised Code.	47747

Sec. 5111.082. The director of job and family services, in	47748
rules adopted under section 5111.02 of the Revised Code, may	47749
establish and implement a supplemental drug rebate program under	47750
which drug manufacturers may be required to provide the department	47751
of job and family services a supplemental rebate as a condition of	47752
having the drug manufacturers' drug products covered by the	47753
medicaid program without prior approval. The department may	47754
receive a supplemental rebate negotiated under the program for a	47755
drug dispensed to a medicaid recipient pursuant to a prescription	47756
or a drug purchased by a medicaid provider for administration to a	47757
medicaid recipient in the provider's primary place of business. If	47758
necessary, the director may apply to the United States secretary	47759
of health and human services for a waiver of federal statutes and	47760
regulations to establish the supplemental drug rebate program.	47761

If the director establishes a supplemental drug rebate	47762
program, the director shall consult with drug manufacturers	47763
regarding the establishment and implementation of the program.	47764

~~If the director establishes a supplemental drug rebate~~	47765
~~program, the director shall exempt from the program all of a drug~~	47766
~~manufacturer's drug products that have been approved by the United~~	47767
~~States food and drug administration for the treatment of either of~~	47768
~~the following:~~	47769

~~(A) Mental illness, as defined in section 5122.01 of the~~	47770
~~Revised Code, including schizophrenia, major depressive disorder,~~	47771
~~and bipolar disorder;~~	47772

~~(B) HIV or AIDS, both as defined in section 3701.24 of the~~	47773
~~Revised Code.~~	47774

Sec. 5111.083. (A) As used in this section:

47775

(1) "Control number" means the number assigned to a	47776
prescription drug by the drug's manufacturer.	47777

(2) "State maximum allowable cost" means the per unit amount	47778
the department of job and family services reimburses a terminal	47779
distributor of dangerous drugs for a prescription drug included in	47780
the state maximum allowable cost program established under	47781
division (B) of this section. "State maximum allowable cost"	47782
excludes dispensing fees and copayments, coinsurance, or other	47783
cost-sharing charges, if any.	47784

(3) "Terminal distributor of dangerous drugs" has the same	47785
meaning as in section 4729.01 of the Revised Code.	47786

(B) The director of job and family services shall establish a	47787
state maximum allowable cost program for purposes of managing	47788
reimbursement to terminal distributors of dangerous drugs for	47789
prescription drugs identified by the director pursuant to this	47790
division. The director shall do all of the following with respect	47791
to the program:	47792

(1) Identify and create a list of prescription drugs to be	47793
included in the program. The list shall, at a minimum, include the	47794
name and control number for each drug.	47795

(2) Update the list of prescription drugs described in	47796
division (B)(1) of this section on a weekly basis.	47797

(3) Update the state maximum allowable cost for each drug	47798
included on the list described in division (B)(1) of this section	47799
on a weekly basis.	47800

(C) The director may adopt rules in accordance with Chapter	47801
119. of the Revised Code to implement this section.	47802

Sec. 5111.084. (A) As used in this section, "licensed health	47803
professional authorized to prescribe drugs" has the same meaning	47804
as in section 4729.01 of the Revised Code.	47805

(B) The director of job and family services may establish an	47806
e-prescribing system for the medicaid program under which a	47807
medicaid provider who is a licensed health professional authorized	47808
to prescribe drugs shall use an electronic system to prescribe a	47809
drug for a medicaid recipient when required to do so by division	47810
(C) of this section. The e-prescribing system shall eliminate the	47811
need for such medicaid providers to make prescriptions for	47812
medicaid recipients by handwriting or telephone. The e-prescribing	47813
system also shall provide such medicaid providers with an	47814
up-to-date, clinically relevant drug information database and a	47815
system of electronically monitoring medicaid recipients' medical	47816
history, drug regimen compliance, and fraud and abuse.	47817

(C) If the director establishes an e-prescribing system under	47818
division (B) of this section, the director shall do all of the	47819
following:	47820

(1) Require that a medicaid provider who is a licensed health	47821
professional authorized to prescribe drugs use the e-prescribing	47822
system during a fiscal year if the medicaid provider was one of	47823
the ten medicaid providers who, during the calendar year that	47824
precedes that fiscal year, issued the most prescriptions for	47825
medicaid recipients receiving hospital services;	47826

(2) Before the beginning of each fiscal year, determine the	47827
ten medicaid providers that issued the most prescriptions for	47828
medicaid recipients receiving hospital services during the	47829
calendar year that precedes the upcoming fiscal year and notify	47830
those medicaid providers that they must use the e-prescribing	47831
system for the upcoming fiscal year;	47832

(3) Seek the most federal financial participation available	47833
for the development and implementation of the e-prescribing	47834
system.	47835

~~Sec. 5111.81.~~ Sec. 5111.085. (A) There is hereby established the	47836
pharmacy and therapeutics committee of the department of job and	47837
family services for the purpose of developing and recommending to	47838
the department a preferred drug formulary to be used under the	47839
medicaid program, including specifying how drug classes are to be	47840
defined and which drug classes are to be included in the preferred	47841
drug formulary. ~~The~~	47842

The committee shall consist of ~~eight~~nine members and shall	47843
be appointed by the director of job and family services. The	47844
membership of the committee shall include: ~~two~~three pharmacists	47845
licensed under Chapter 4729. of the Revised Code and actively	47846
practicing in Ohio; two doctors of medicine and two doctors of	47847
osteopathy licensed under Chapter 4731. of the Revised Code and	47848
actively practicing in Ohio; a registered nurse licensed under	47849
Chapter 4723. of the Revised Code and actively practicing in Ohio;	47850
and a pharmacologist who has a doctoral degree. ~~The~~	47851

The director of job and family services shall ensure that at	47852
least five members of the committee represent prescribing	47853
providers and dispensing pharmacies that participate in the	47854
medicaid program, serve all medicaid recipient populations, and	47855
have experience in developing or practicing under a preferred drug	47856
formulary.	47857

(B) No member of the committee shall be employed by, contract	47858
with, or receive compensation from a pharmaceutical manufacturer	47859
during the member's term. The director shall remove any member of	47860
the committee who violates this prohibition.	47861

No person may serve on the committee if that person has been	47862
employed by, has contracted with, or has received compensation or	47863
benefits from a pharmaceutical manufacturer or a pharmacy benefits	47864
manager, other than pharmaceutical samples with a value not	47865
greater than one hundred dollars per calendar quarter, in the two	47866
years prior to the person's appointment to the committee.	47867

(C) The committee shall annually elect one of its members as	47868
chairperson.	47869

The committee shall do the following:

47870

(1) Meet at least once every ninety days, or more often as	47871
determined by the committee;	47872

(2) Provide public notice of its meetings and allow public	47873
comment at the meetings;	47874

(3) Determine which documents used by the committee are	47875
public records subject to section 149.43 of the Revised Code and	47876
which documents are protected as proprietary information of the	47877
pharmaceutical manufacturer, notwithstanding section 149.43 of the	47878
Revised Code;	47879

(4) Consider joining the Oregon drug effectiveness review	47880
project not later than January 1, 2006;	47881

(5) Consider using the United States veterans' administration	47882
or MEDCO drug formulary as a base for the preferred drug	47883
formulary.	47884

(D) The department may hire or retain contractors,	47885
sub-contractors, advisors, consultants, or agents to obtain	47886
evidence-based evaluations of the comparative efficacy, safety,	47887
and cost-effectiveness of drugs within drug classes that will	47888
assist the committee in making recommendations about the inclusion	47889
or exclusion of drugs on the preferred drug formulary. The	47890
department shall follow all state procurement requirements for any	47891
procurements made under this division, and provide reasonable	47892
public notice and opportunities for public comment.	47893

Sec. 5111.10. The director of job and family services may	47894
conduct reviews of the medicaid program. The reviews may include	47895
physical inspections of records and sites where medicaid-funded	47896
services are provided and interviews of providers and recipients	47897
of the services. If the director determines pursuant to a review	47898
that a person or government entity has violated a rule governing	47899
the medicaid program, the director may establish a corrective	47900
action plan for the violator and impose fiscal, administrative, or	47901
both types of sanctions on the violator in accordance with rules	47902
governing the medicaid program. Such action to be taken against a	47903
responsible entity, as defined in section 5101.24 of the Revised	47904
Code, shall be taken in accordance with that section.	47905

Sec. 5111.11. (A) As used in this section~~, "estate" means~~	47906
~~all~~and section 5111.111 of the Revised Code:	47907

(1) "Estate" includes both of the following:

47908

(a) All real and personal property and other assets to be	47909
administered under Title XXI of the Revised Code and property that	47910
would be administered under that title if not for section 2113.03	47911
or 2113.031 of the Revised Code;	47912

(b) Any other real and personal property and other assets in	47913
which an individual had any legal title or interest at the time of	47914
death (to the extent of the interest), including assets conveyed	47915
to a survivor, heir, or assign of the individual through joint	47916
tenancy, tenancy in common, survivorship, life estate, living	47917
trust, or other arrangement.	47918

(2) "Institution" means a nursing facility, intermediate care	47919
facility for the mentally retarded, or a medical institution.	47920

(3) "Institutionalized individual" means an individual to	47921
whom all of the following apply:	47922

(a) Is an inpatient in an institution;

47923

(b) Is required, as a condition of the medicaid program	47924
paying for the individual's services in the institution, to spend	47925
for costs of medical or nursing care all of the individual's	47926
income except for an amount for personal needs specified by the	47927
department of job and family services;	47928

(c) Cannot reasonably be expected to be discharged from the	47929
institution and return home.	47930

(4) "Intermediate care facility for the mentally retarded"	47931
and "nursing facility" have the same meanings as in section	47932
5111.20 of the Revised Code.	47933

(5) "Time of death" shall not be construed to mean a time	47934
after which a legal title or interest in real or personal property	47935
or other asset may pass by survivorship or other operation of law	47936
due to the death of the decedent or terminate by reason of the	47937
decedent's death.	47938

(B) ~~For the purpose of recovering the cost of services~~	47939
~~correctly paid under the medical assistance program to a recipient~~	47940
~~age fifty-five or older, the~~The department of job and family	47941
services shall institute an estate recovery program ~~against the~~	47942
~~property and estates of medical assistance recipients to recover~~	47943
~~medical assistance correctly paid on their behalf to the extent~~	47944
~~that federal law and regulations permit the implementation of a~~	47945
~~program of that nature. The department shall seek to recover~~	47946
~~medical assistance correctly paid only after the recipient and the~~	47947
~~recipient's surviving spouse, if any, have died and only at a time~~	47948
~~when the recipient has no surviving child who is under age~~	47949
~~twenty-one or blind or permanently and totally disabled.~~	47950

~~The department may enter into a contract with any person~~	47951
~~under which the person administers the estate recovery program on~~	47952
~~behalf of the department or performs any of the functions required~~	47953
~~to carry out the program. The contract may provide for the person~~	47954
~~to be compensated from the property recovered from the estates of~~	47955
~~medical assistance recipients or may provide for another manner of~~	47956
~~compensation agreed to by the person and the department.~~	47957
~~Regardless of whether it is administered by the department or a~~	47958
~~person under contract with the department, the program shall be~~	47959
~~administered in accordance with applicable requirements of federal~~	47960
~~law and regulations and state law and rules.~~	47961

~~(C)~~under which the department shall, except as provided in	47962
divisions (C) and (D) of this section, do both of the following:	47963

(1) For the costs of services the medicaid program correctly	47964
pays on behalf of an institutionalized individual of any age, seek	47965
adjustment or recovery from the individual's estate or on the sale	47966
of property of the individual or spouse that is subject to a lien	47967
imposed under section 5111.111 of the Revised Code;	47968

(2) For the costs of services the medicaid program correctly	47969
pays on behalf of an individual fifty-five years of age or older	47970
who is not an institutionalized individual, seek adjustment or	47971
recovery from the individual's estate.	47972

(C)(1) No adjustment or recovery may be made under division	47973
(B)(1) of this section from an institutionalized individual's	47974
estate or on the sale of property of an institutionalized	47975
individual that is subject to a lien imposed under section	47976
5111.111 of the Revised Code or under division (B)(2) of this	47977
section from an individual's estate while either of the following	47978
are alive:	47979

(a) The spouse of the institutionalized individual or	47980
individual;	47981

(b) The son or daughter of an institutionalized individual or	47982
individual if the son or daughter is under age twenty-one or,	47983
under 42 U.S.C. 1382c, is considered blind or disabled.	47984

(2) No adjustment or recovery may be made under division	47985
(B)(1) of this section from an institutionalized individual's home	47986
that is subject to a lien imposed under section 5111.111 of the	47987
Revised Code while either of the following lawfully reside in the	47988
home:	47989

(a) The institutionalized individual's sibling who resided in	47990
the home for at least one year immediately before the date of the	47991
institutionalized individual's admission to the institution and on	47992
a continuous basis since that time;	47993

(b) The institutionalized individual's son or daughter who	47994
provided care to the institutionalized individual that delayed the	47995
institutionalized individual's institutionalization and resided in	47996
the home for at least two years immediately before the date of the	47997
institutionalized individual's admission to the institution and on	47998
a continuous basis since that time.	47999

(D) The department ~~may~~shall waive seeking an adjustment or	48000
recovery ~~of medical assistance correctly paid~~otherwise required	48001
by this section if the director of job and family services	48002
determines, on the basis of criteria established by the United	48003
States secretary of health and human services under 42 U.S.C.	48004
1396p (b)(3), as amended, that adjustment or recovery would work	48005
an undue hardship. The director, in accordance with Chapter 119.	48006
of the Revised Code, shall adopt rules establishing procedures for	48007
waiver of adjustment or recovery due to an undue hardship, which	48008
shall meet the standards specified by the United States secretary	48009
of health and human services under 42 U.S.C. 1396p(b)(3), as	48010
amended.	48011

~~(D) Any action that may be taken by the department under~~	48012
~~section 5111.111 of the Revised Code may be taken by a person~~	48013
~~administering the program, or performing actions specified in that~~	48014
~~section, pursuant to a contract with the department.~~	48015

(E) For the purpose of determining whether an individual	48016
meets the definition of "institutionalized individual" established	48017
for this section, a rebuttable presumption exists that the	48018
individual cannot reasonably be expected to be discharged from an	48019
institution and return home if either of the following is the	48020
case:	48021

(1) The individual declares that he or she does not intend to	48022
return home;	48023

(2) The individual has been an inpatient in an institution	48024
for at least six months without a discharge plan.	48025

Sec. 5111.111. ~~As used in this section, "home and~~	48026
~~community-based services" means services provided pursuant to a~~	48027
~~waiver under section 1915 of the "Social Security Act," 49 Stat.~~	48028
~~620 (1935), 42 U.S.C.A. 1396n, as amended.~~	48029

~~The~~(A) Except as provided in division (B) of this section	48030
and section 5111.12 of the Revised Code, no lien may be imposed	48031
against the property of an individual before the individual's	48032
death on account of medicaid paid or to be paid on the	48033
individual's behalf.	48034

(B) Except as provided in division (C) of this section, the	48035
department of job and family services may ~~place~~impose a lien	48036
against the real property of a ~~medical assistance~~medicaid	48037
recipient orwho is an institutionalized individual and against	48038
the real property of the recipient's spouse, ~~other than a~~	48039
~~recipient or spouse of a recipient of home and community-based~~	48040
~~services, that the department may recover as part of the program~~	48041
~~instituted under section 5111.11 of the Revised Code~~including any	48042
real property that is jointly held by the recipient and spouse.	48043
~~When medical assistance is paid on behalf of any person in~~	48044
~~circumstances under which federal law and regulations and this~~	48045
~~section permit the imposition of a lien, the~~The lien may be	48046
imposed on account of medicaid paid or to be paid on the	48047
recipient's behalf.	48048

(C) No lien may be imposed under division (B) of this section	48049
against the home of a medicaid recipient if any of the following	48050
lawfully resides in the home:	48051

(1) The recipient's spouse;

48052

(2) The recipient's son or daughter who is under twenty-one	48053
years of age or, under 42 U.S.C. 1382c, considered to be blind or	48054
disabled;	48055

(3) The recipient's sibling who has an equity interest in the	48056
home and resided in the home for at least one year immediately	48057
before the date of the recipient's admission to the institution.	48058

(D) The director of job and family services or a person	48059
designated by the director ~~may~~shall sign a certificate to ~~the~~	48060
~~effect~~effectuate a lien required to be imposed under this	48061
section. The county department of job and family services shall	48062
file for recording and indexing the certificate, or a certified	48063
copy, in the real estate mortgage records in the office of the	48064
county recorder in every county in which real property of the	48065
recipient or spouse is situated. From the time of filing the	48066
certificate in the office of the county recorder, the lien	48067
attaches to all real property of the recipient or spouse described	48068
~~therein~~in the certificate for all amounts ~~of aid which are paid~~	48069
~~or which thereafter are paid,~~for which adjustment or recovery may	48070
be made under section 5111.11 of the Revised Code and, except as	48071
provided in division (E) of this section, shall remain a lien	48072
until satisfied.	48073

Upon filing the certificate in the office of the recorder,	48074
all persons are charged with notice of the lien and the rights of	48075
the department of job and family services thereunder.	48076

The county recorder shall keep a record of every certificate	48077
filed showing its date, the time of filing, the name and residence	48078
of the recipient or spouse, and any release, waivers, or	48079
satisfaction of the lien.	48080

The priority of the lien shall be established in accordance	48081
with state and federal law.	48082

The department may waive the priority of its lien to provide	48083
for the costs of the last illness as determined by the department,	48084
administration, attorney fees, administrator fees, a sum for the	48085
payment of the costs of burial, which shall be computed by	48086
deducting from five hundred dollars whatever amount is available	48087
for the same purpose from all other sources, and a similar sum for	48088
the spouse of the decedent.	48089

(E) A lien imposed with respect to a medicaid recipient under	48090
this section shall dissolve on the recipient's discharge from the	48091
institution and return home.	48092

Sec. 5111.112. The department of job and family services may	48093
enter into a contract with any person or government entity under	48094
which the person or government entity administers the estate	48095
recovery program instituted under section 5111.11 of the Revised	48096
Code on behalf of the department or performs any of the functions	48097
required to carry out the program. The contract may provide for	48098
the person or government entity to be compensated from the	48099
property recovered under the program or may provide for another	48100
manner of compensation agreed to by the person or government	48101
entity and the department. Regardless of whether it is	48102
administered by the department or a person or government entity	48103
under contract with the department, the program shall be	48104
administered in accordance with applicable requirements of federal	48105
law and regulations and state law and rules.	48106

Any action that may be taken by the department under section	48107
5111.111 of the Revised Code may be taken by a person or	48108
government entity administering the program, or performing actions	48109
specified in that section, pursuant to a contract with the	48110
department.	48111

~~Sec. 5111.112.~~ Sec. 5111.113. (A) As used in this section:

48112

(1) "Adult care facility" has the same meaning as in section	48113
3722.01 of the Revised Code.	48114

(2) "Commissioner" means a person appointed by a probate	48115
court under division (B) of section 2113.03 of the Revised Code to	48116
act as a commissioner.	48117

(3) "Home" has the same meaning as in section 3721.10 of the	48118
Revised Code.	48119

(4) "Personal needs allowance account" means an account or	48120
petty cash fund that holds the money of a resident of an adult	48121
care facility or home and that the facility or home manages for	48122
the resident.	48123

(B) Except as provided in divisions (C) and (D) of this	48124
section, the owner or operator of an adult care facility or home	48125
shall transfer to the department of job and family services the	48126
money in the personal needs allowance account of a resident of the	48127
facility or home who was a recipient of the medical assistance	48128
program no earlier than sixty days but not later than ninety days	48129
after the resident dies. The adult care facility or home shall	48130
transfer the money even though the owner or operator of the	48131
facility or home has not been issued letters testamentary or	48132
letters of administration concerning the resident's estate.	48133

(C) If funeral or burial expenses for a resident of an adult	48134
care facility or home who has died have not been paid and the only	48135
resource the resident had that could be used to pay for the	48136
expenses is the money in the resident's personal needs allowance	48137
account, or all other resources of the resident are inadequate to	48138
pay the full cost of the expenses, the money in the resident's	48139
personal needs allowance account shall be used to pay for the	48140
expenses rather than being transferred to the department of job	48141
and family services pursuant to division (B) of this section.	48142

(D) If, not later than sixty days after a resident of an	48143
adult care facility or home dies, letters testamentary or letters	48144
of administration are issued, or an application for release from	48145
administration is filed under section 2113.03 of the Revised Code,	48146
concerning the resident's estate, the owner or operator of the	48147
facility or home shall transfer the money in the resident's	48148
personal needs allowance account to the administrator, executor,	48149
commissioner, or person who filed the application for release from	48150
administration.	48151

(E) The transfer or use of money in a resident's personal	48152
needs allowance account in accordance with division (B), (C), or	48153
(D) of this section discharges and releases the adult care	48154
facility or home, and the owner or operator of the facility or	48155
home, from any claim for the money from any source.	48156

(F) If, sixty-one or more days after a resident of an adult	48157
care facility or home dies, letters testamentary or letters of	48158
administration are issued, or an application for release from	48159
administration under section 2113.03 of the Revised Code is filed,	48160
concerning the resident's estate, the department of job and family	48161
services shall transfer the funds to the administrator, executor,	48162
commissioner, or person who filed the application, unless the	48163
department is entitled to recover the money under the estate	48164
recovery program instituted under section 5111.11 of the Revised	48165
Code.	48166

~~Sec. 5111.113.~~ Sec. 5111.114. As used in this section, "nursing	48167
facility" and "intermediate care facility for the ~~mental~~mentally	48168
retarded" have the same meanings as in section 5111.20 of the	48169
Revised Code.	48170

In determining the amount of income that a recipient of	48171
medical assistance must apply monthly toward payment of the cost	48172
of care in a nursing facility or intermediate care facility for	48173
the mentally retarded, the county department of job and family	48174
services shall deduct from the recipient's monthly income a	48175
monthly personal needs allowance in accordance with section 1902	48176
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	48177
1396a, as amended.	48178

For a resident of a nursing facility, the monthly personal	48179
needs allowance shall be not less than forty dollars for an	48180
individual resident and not less than eighty dollars for a married	48181
couple if both spouses are residents of a nursing facility.	48182

For a resident of an intermediate care facility for the	48183
mentally retarded, the monthly personal needs allowance shall be	48184
forty dollars unless the resident has earned income, in which case	48185
the monthly personal needs allowance shall be determined by the	48186
state department of job and family services but shall not exceed	48187
one hundred five dollars.	48188

Sec. 5111.16. (A) As part of the medicaid program, the	48189
department of job and family services shall establish a care	48190
management system. The department shall submit, if necessary,	48191
applications to the United States department of health and human	48192
services for waivers of federal medicaid requirements that would	48193
otherwise be violated in the implementation of the system.	48194

(B) The department shall implement the care management system	48195
in some or all counties and shall designate the medicaid	48196
recipients who are required or permitted to participate in the	48197
system. In implementing the care management system and designating	48198
participants, both of the following apply:	48199

(1) The department shall designate for participation in the	48200
care management system all individuals who receive medicaid on the	48201
basis of being included in the category identified by the	48202
department as covered families and children. The system shall be	48203
implemented in all counties and the participants shall be required	48204
to enroll in health insuring corporations under contract with the	48205
department pursuant to section 5111.17 of the Revised Code.	48206

(2) Alcohol, drug addiction, and mental health services	48207
covered by medicaid pursuant to the option under federal law of	48208
covering rehabilitative services shall not be included in any	48209
component of the care management system, but recipients of the	48210
services may be designated as participants in the system for	48211
purposes of obtaining other services covered by medicaid.	48212

~~(B) Under the care management system~~(C) Subject to divisions	48213
(B)(1) and (2) of this section, the department may do both of the	48214
following under the care management system:	48215

(1) Require or permit participants in the system to obtain	48216
health care services from providers designated by the department;	48217

(2) ~~require~~Require or permit participants in the system to	48218
obtain health care services through managed care organizations	48219
under contract with the department pursuant to section 5111.17 of	48220
the Revised Code.	48221

~~(C)~~(D) The department shall prepare an annual report on the	48222
department's implementation of the care management system. The	48223
report shall address the department's ability to implement the	48224
care management system, including the required participation of	48225
the medicaid recipients specified in division (B)(2) of this	48226
section, the pilot programs established under sections 5111.163 to	48227
5111.165 of the Revised Code, and any enhanced care management	48228
component of the system.	48229

The department shall submit each annual report to the general	48230
assembly. The first report shall be submitted not later than	48231
October 1, 2007.	48232

(E) The director of job and family services may adopt rules	48233
in accordance with Chapter 119. of the Revised Code to implement	48234
this section.	48235

Sec. 5111.161. (A) There is hereby created the medicaid care	48236
management working group, consisting of the following members:	48237

(1) Three individuals representing medicaid care management,	48238
one appointed by the president of the senate, one appointed by the	48239
speaker of the house of representatives, and one appointed by the	48240
governor;	48241

(2) Four individuals representing health care professional	48242
and trade associations, appointed as follows:	48243

(a) One representative of the American academy of pediatrics,	48244
appointed by the president of the senate;	48245

(b) One representative of the American academy of family	48246
physicians, appointed by the speaker of the house of	48247
representatives;	48248

(c) One representative of the Ohio state medical association,	48249
appointed by the president of the senate;	48250

(d) One representative of the Ohio hospital association,	48251
appointed by the speaker of the house of representatives.	48252

(3) One individual representing behavioral health	48253
professional and trade associations, appointed by the speaker of	48254
the house of representatives;	48255

(4) Two individuals representing consumer advocates, one	48256
appointed by the president of the senate and one appointed by the	48257
speaker of the house of representatives;	48258

(5) One individual representing county departments of job and	48259
family services, appointed by the president of the senate;	48260

(6) Three individuals representing the business community,	48261
one appointed by the president of the senate, one appointed by the	48262
speaker of the house of representatives, and one appointed by the	48263
governor;	48264

(7) The director of job and family services or the director's	48265
designee;	48266

(8) The director of health or the director's designee.

48267

(B) The members of the working group shall serve at the	48268
pleasure of their appointing authorities. Vacancies shall be	48269
filled in the manner provided for original appointments.	48270

(C) The working group shall develop guidelines to be followed	48271
by the department of job and family services when entering into	48272
contracts under section 5111.17 of the Revised Code with managed	48273
care organizations for purposes of the care management system	48274
established under section 5111.16 of the Revised Code. The working	48275
group shall consult regularly with the departments of insurance,	48276
aging, alcohol and drug addiction services, mental health, and	48277
mental retardation and developmental disabilities and the	48278
rehabilitation services commission.	48279

In developing the guidelines for managed care contracts, the	48280
working group shall do all of the following:	48281

(1) Examine the best practice standards used in managed care	48282
programs and other health care and related systems to maximize	48283
patient and provider satisfaction, maintain quality of care, and	48284
obtain cost-effectiveness;	48285

(2) Consider the most effective means of facilitating the	48286
expansion of the care management system and increasing consistency	48287
within the system;	48288

(3) Make recommendations for coordinating the regulatory	48289
relationships involved in the medicaid care management system;	48290

(4) Make recommendations for improving the resolution of	48291
contracting issues among the providers involved in the care	48292
management system;	48293

(5) Make recommendations to the department of job and family	48294
services for creating the financial incentive program under	48295
division (B) of section 5111.17 of the Revised Code to improve and	48296
reward positive health outcomes through care management contracts.	48297
In making these recommendations, the working group shall include	48298
all of the following:	48299

(a) Standards and procedures by which care management	48300
contractors may receive financial incentives for positive health	48301
outcomes measured on an individual basis;	48302

(b) Specific measures of positive health outcomes,	48303
particularly among individuals with high-risk health conditions;	48304

(c) Criteria for determining what constitutes a completed	48305
health outcome;	48306

(d) Methods of funding the program without requiring an	48307
increase in appropriations.	48308

(D) The working group shall prepare an annual report on its	48309
activities and shall submit the report to the president of the	48310
senate, speaker of the house of representatives, and governor. The	48311
report shall include any findings and recommendations the working	48312
group considers relevant to its duties. The working group shall	48313
complete an initial report not later than December 31, 2005. Each	48314
year thereafter, the working group shall complete its annual	48315
report by the last day of December.	48316

Sec. 5111.162. (A) As used in this section, "provider" has	48317
the same meaning as in section 5111.06 of the Revised Code.	48318

(B)(1) In the case of a provider that is a hospital, the	48319
hospital shall provide hospital services to a medicaid recipient	48320
designated by the department of job and family services under	48321
section 5111.16 of the Revised Code for mandatory enrollment in a	48322
managed care organization, regardless of whether the hospital has	48323
contracted with the managed care organization in which the	48324
medicaid recipient is enrolled. When the managed care organization	48325
has authorized the provision of hospital services to the medicaid	48326
recipient, a noncontracting hospital shall accept as payment in	48327
full the reimbursement provided by the managed care organization	48328
pursuant to division (B)(2) of this section.	48329

(2) A managed care organization that contracts with the	48330
department under section 5111.17 of the Revised Code shall	48331
reimburse a hospital for providing services pursuant to division	48332
(B)(1) of this section according to the same reimbursement rate	48333
that is used by the department to reimburse the hospital for	48334
providing services to medicaid recipients who are not enrolled in	48335
a managed care organization. The reimbursement rate applies only	48336
to services authorized by the managed care organization and does	48337
not restrict the managed care organization from entering into a	48338
contract with a hospital under which the hospital is reimbursed at	48339
a different rate.	48340

(C) On and after July 1, 2008, if the department determines	48341
that provider participation in the pilot programs established	48342
under sections 5111.163 and 5111.164 of the Revised Code is	48343
insufficient for the pilot programs to be implemented	48344
appropriately, all of the following apply:	48345

(1) If the department has designated medicaid recipients for	48346
mandatory enrollment in managed care organizations in the county	48347
where a provider is located or in the surrounding counties served	48348
by the provider, the provider shall contract with all managed care	48349
organizations in which the medicaid recipients are enrolled.	48350

(2) When entering into a contract pursuant to division (C)(1)	48351
of this section, the provider shall agree to provide services to	48352
the medicaid recipients who are enrolled in the managed care	48353
organization.	48354

(3) The department shall terminate the medicaid provider	48355
agreement of any provider that refuses to comply with division	48356
(C)(1) of this section.	48357

(D) The director of job and family services may adopt rules	48358
to implement this section. The rules shall be adopted in	48359
accordance with Chapter 119. of the Revised Code.	48360

Sec. 5111.163. (A) The department of job and family services	48361
shall develop a care management pilot program under which	48362
individuals designated by the department who receive medicaid on	48363
the basis of being aged, blind, or disabled, as specified in	48364
division (A)(2) of section 5111.01 of the Revised Code, are	48365
required to enroll in and obtain medicaid-covered health care	48366
services through the care management system established under	48367
section 5111.16 of the Revised Code. The department shall	48368
implement the pilot program not later than July 1, 2006.	48369

(B) Unless the department receives the necessary waivers of	48370
federal medicaid requirements, the department shall not designate	48371
individuals for participation in the pilot program if they are	48372
included in one or more of the medicaid recipient groups specified	48373
in 42 C.F.R. 438.50(d). The department may exclude from	48374
participation some or all individuals who are included in one or	48375
more of the following groups of medicaid recipients:	48376

(1) Individuals who are under twenty-one years of age;

48377

(2) Individuals who are institutionalized;

48378

(3) Individuals who become eligible for medicaid by spending	48379
down their income or resources to a level that meets the medicaid	48380
program's financial eligibility requirements;	48381

(4) Individuals who are dually eligible under the medicaid	48382
program and the medicare program established under Title XVIII of	48383
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as	48384
amended;	48385

(5) Individuals to the extent that they are receiving	48386
medicaid services through a medicaid waiver component, as defined	48387
in section 5111.85 of the Revised Code.	48388

(C) When entering into contracts under section 5111.17 of the	48389
Revised Code to implement the pilot program, the department shall	48390
contract only with managed care organizations that are health	48391
insuring corporations.	48392

(D) The department may cease operation of the pilot program	48393
if the department determines any of the following:	48394

(1) That requiring the individuals designated for	48395
participation in the pilot program is not a cost-effective means	48396
of providing medicaid services to the individuals;	48397

(2) That the department has sufficient information to	48398
evaluate the pilot program's effectiveness;	48399

(3) That any other reason exists to justify the pilot	48400
program's termination.	48401

(E) The department shall conduct an evaluation of the pilot	48402
program's effectiveness.	48403

(F) The department may adopt any rules it considers necessary	48404
to implement this section. The rules shall be adopted in	48405
accordance with Chapter 119. of the Revised Code.	48406

Sec. 5111.164. (A) The department of job and family services	48407
shall develop a care management pilot program for long-term care	48408
under which individuals designated by the department who receive	48409
medicaid on the basis of being aged, blind, or disabled, as	48410
specified in division (A)(2) of section 5111.01 of the Revised	48411
Code, are required to enroll in and obtain medicaid-covered health	48412
care services through the care management system established under	48413
section 5111.16 of the Revised Code. The department shall	48414
implement the pilot program not later than July 1, 2006.	48415

(B) Unless the department receives the necessary waivers of	48416
federal medicaid requirements, the department shall not designate	48417
an individual for participation in the pilot program if the	48418
individual is included in one or more of the medicaid recipient	48419
groups specified in 42 C.F.R. 438.50(d). To be designated for	48420
participation, an individual shall meet both of the following	48421
conditions:	48422

(1) Be fifty-five years of age or older;

48423

(2) Require the level of care provided by a nursing facility,	48424
as defined in section 5111.20 of the Revised Code.	48425

(C) When entering into contracts under section 5111.17 of the	48426
Revised Code to implement the pilot program, the department may	48427
include provisions that permit a managed care organization to pay	48428
nursing facilities according to rates that differ from the rates	48429
the department uses to reimburse nursing facilities for their	48430
services.	48431

(D) The department may cease operation of the pilot program	48432
if the department determines any of the following:	48433

(1) That requiring the individuals designated for	48434
participation in the pilot program is not a cost-effective means	48435
of providing medicaid services to the individuals;	48436

(2) That the department has sufficient information to	48437
evaluate the pilot program's effectiveness;	48438

(3) That any other reason exists to justify the pilot	48439
program's termination.	48440

(E) The department shall conduct an evaluation of the pilot	48441
program's effectiveness.	48442

(F) The department may adopt any rules it considers necessary	48443
to implement this section. The rules shall be adopted in	48444
accordance with Chapter 119. of the Revised Code.	48445

Sec. 5111.165. (A) As used in this section, "chronically ill	48446
child" means an individual who is not more than twenty-one years	48447
of age and meets the conditions specified in division (A)(2) of	48448
section 5111.01 of the Revised Code to be eligible for medicaid on	48449
the basis of being blind or disabled.	48450

(B) Notwithstanding any conflicting provision of section	48451
5111.163 of the Revised Code, the department of job and family	48452
services shall develop a pilot program for the care management of	48453
chronically ill children in accordance with this section. The	48454
pilot program shall be implemented not later than October 1, 2006,	48455
or, if by that date the department has not received any necessary	48456
federal approval to implement the program, as soon as practicable	48457
after receiving the approval. The department shall operate the	48458
program until October 1, 2008, except that the department shall	48459
cease operation of the program before that date if either of the	48460
following is the case:	48461

(1) The department determines that requiring chronically ill	48462
children to participate in the care management system is not a	48463
cost-effective means of providing medicaid services.	48464

(2) The combined state and federal cost of the children's	48465
care coordination described in division (D) of this section	48466
reaches three million dollars.	48467

(C) The department shall ensure that the pilot program is	48468
operated in at least three counties selected by the department. In	48469
its consideration of the counties to be selected, the department	48470
may give priority to Hamilton county and Muskingum county. The	48471
department may extend its operation of the program into the areas	48472
surrounding the counties in which the program is operated.	48473

(D) The purpose of the pilot program shall be to determine	48474
whether occurrences of acute illnesses and hospitalizations among	48475
chronically ill children can be prevented or reduced by	48476
establishing a medical home for the children where care is	48477
administered proactively and in a manner that is accessible,	48478
continuous, family-centered, coordinated, and compassionate. In	48479
establishing a medical home for a chronically ill child, all of	48480
the following apply:	48481

(1) A physician shall serve as the care coordinator for the	48482
child. The care coordinator may be engaged in practice as a	48483
pediatrician certified in pediatrics by a medical specialty board	48484
of the American medical association or American osteopathic	48485
association, a pediatric subspecialist, or a provider for the	48486
program for medically handicapped children in the department of	48487
health. If the physician is in a group practice, any member of the	48488
group practice may serve as the child's care coordinator. The	48489
duties of the care coordinator may be performed by a person acting	48490
under the supervision of the care coordinator.	48491

(2) The child may receive care from any health care	48492
practitioner appropriate to the child's needs, but the care	48493
coordinator shall direct and oversee the child's overall care.	48494

(3) The care coordinator shall establish a relationship of	48495
mutual responsibility with the child's parents or other persons	48496
who are responsible for the child. Under this relationship, the	48497
care coordinator shall commit to developing a long-term disease	48498
prevention strategy and providing disease management and education	48499
services, while the child's parents or other persons who are	48500
responsible for the child shall commit to participating fully in	48501
implementing the child's care management plan.	48502

(4) The medicaid program shall provide reimbursement for the	48503
reasonable and necessary costs of the services associated with	48504
care coordination, including, but not limited to, case management,	48505
care plan oversight, preventive care, health and behavioral care	48506
assessment and intervention, and any service modifier that	48507
reflects the provision of prolonged services or additional care.	48508

(E) The department shall conduct an evaluation of the pilot	48509
program's effectiveness. As part of the evaluation, the department	48510
shall maintain statistics on physician expenditures, hospital	48511
expenditures, preventable hospitalizations, and other matters the	48512
department considers necessary to conduct the evaluation.	48513

(F) The department shall adopt rules in accordance with	48514
Chapter 119. of the Revised Code as necessary to implement this	48515
section. The rules shall specify standards and procedures to be	48516
used in designating the chronically ill children who are required	48517
to participate in the pilot program.	48518

Sec. 5111.17. (A) The department of job and family services	48519
may enter into contracts with managed care organizations,	48520
including health insuring corporations, under which the	48521
organizations are authorized to provide, or arrange for the	48522
provision of, health care services to medical assistance	48523
recipients who are required or permitted to obtain health care	48524
services through managed care organizations as part of the care	48525
management system established under section 5111.16 of the Revised	48526
Code.	48527

(B) The department shall develop and implement a financial	48528
incentive program to improve and reward positive health outcomes	48529
through the managed care organization contracts entered into under	48530
this section. The department shall base the program on the	48531
recommendations made by the medicaid care management working group	48532
created under section 5111.161 of the Revised Code.	48533

(C) The director of job and family services may adopt rules	48534
in accordance with Chapter 119. of the Revised Code to implement	48535
this section.	48536

Sec. 5111.176. (A) As used in this section:

48537

(1) "Medicaid health insuring corporation" means a health	48538
insuring corporation that holds a certificate of authority under	48539
Chapter 1751. of the Revised Code and has entered into a contract	48540
with the department of job and family services pursuant to section	48541
5111.17 of the Revised Code.	48542

(2) "Managed care premium" means any premium payment,	48543
capitation payment, or other payment a medicaid health insuring	48544
corporation receives for providing, or arranging for the provision	48545
of, health care services to its members or enrollees residing in	48546
this state.	48547

(B) Except as provided in division (C) of this section, all	48548
of the following apply:	48549

(1) Each medicaid health insuring corporation shall pay to	48550
the department of job and family services a franchise permit fee	48551
for each calendar quarter occurring between January 1, 2006, and	48552
June 30, 2007.	48553

(2) The fee to be paid is an amount that is equal to a	48554
percentage of the managed care premiums the medicaid health	48555
insuring corporation received in the quarter to which the fee	48556
applies, excluding the amount of any managed care premiums the	48557
corporation returned or refunded to enrollees, members, or premium	48558
payers during that quarter.	48559

(3) The percentage to be used in calculating the fee shall be	48560
four and one-half per cent, unless the department adopts rules	48561
under division (L) of this section decreasing the percentage below	48562
four and one-half per cent or increasing the percentage to not	48563
more than six per cent.	48564

(C) The department shall reduce the franchise permit fee	48565
imposed under this section or terminate its collection of the fee	48566
if the department determines either of the following:	48567

(1) That the reduction or termination is required to comply	48568
with federal statutes or regulations;	48569

(2) That the fee does not qualify as a state share of	48570
medicaid expenditures eligible for federal financial	48571
participation.	48572

(D) The franchise permit fee shall be paid on or before the	48573
thirtieth day following the end of the calendar quarter to which	48574
the fee applies. At the time the fee is submitted, the medicaid	48575
health insuring corporation shall file with the department a	48576
report on a form prescribed by the department. The corporation	48577
shall provide on the form all information required by the	48578
department and shall include with the form any necessary	48579
supporting documentation.	48580

(E) The department may audit the records of any medicaid	48581
health insuring corporation to determine whether the corporation	48582
is in compliance with this section. The department may audit the	48583
records that pertain to a particular calendar quarter at any time	48584
during the five years following the date the franchise permit fee	48585
payment for that quarter was due.	48586

(F)(1) A medicaid health insuring corporation that does not	48587
pay the franchise permit fee in full by the date the payment is	48588
due is subject to any or all of the following:	48589

(a) A monetary penalty in the amount of five hundred dollars	48590
for each day any part of the fee remains unpaid, except that the	48591
penalty shall not exceed an amount equal to five per cent of the	48592
total fee that was due for the calendar quarter for which the	48593
penalty is being imposed;	48594

(b) Withholdings from future managed care premiums pursuant	48595
to division (G) of this section;	48596

(c) Termination of the corporation's medicaid provider	48597
agreement pursuant to division (H) of this section.	48598

(2) Penalties imposed under division (F)(1)(a) of this	48599
section are in addition to and not in lieu of the franchise permit	48600
fee.	48601

(G) If a medicaid health insuring corporation fails to pay	48602
the full amount of its franchise permit fee when due, or the full	48603
amount of a penalty imposed under division (F)(1)(a) of this	48604
section, the department may withhold an amount equal to the	48605
remaining amount due from any future managed care premiums to be	48606
paid to the corporation under the medicaid program. The department	48607
may withhold amounts under this division without providing notice	48608
to the corporation. The amounts may be withheld until the amount	48609
due has been paid.	48610

(H) The department may commence actions to terminate a	48611
medicaid health insuring corporation's medicaid provider	48612
agreement, and may terminate the agreement subject to division (I)	48613
of this section, if the corporation does any of the following:	48614

(1) Fails to pay its franchise permit fee or fails to pay the	48615
fee promptly;	48616

(2) Fails to pay a penalty imposed under division (F)(1)(a)	48617
of this section or fails to pay the penalty promptly;	48618

(3) Fails to cooperate with an audit conducted under division	48619
(E) of this section.	48620

(I) At the request of a medicaid health insuring corporation,	48621
the department shall grant the corporation a hearing in accordance	48622
with Chapter 119. of the Revised Code, if either of the following	48623
is the case:	48624

(1) The department has determined that the corporation owes	48625
an additional franchise permit fee or penalty as the result of an	48626
audit conducted under division (E) of this section.	48627

(2) The department is proposing to terminate the	48628
corporation's medicaid provider agreement and the provisions of	48629
section 5111.06 of the Revised Code requiring an adjudication in	48630
accordance with Chapter 119. of the Revised Code are applicable.	48631

(J)(1) At the request of a medicaid corporation, the	48632
department shall grant the corporation a reconsideration of any	48633
issue that arises out of the provisions of this section and is not	48634
subject to division (I) of this section. The department's decision	48635
at the conclusion of the reconsideration is not subject to appeal	48636
under Chapter 119. of the Revised Code or any other provision of	48637
the Revised Code.	48638

(2) In conducting a reconsideration, the department shall do	48639
at least the following:	48640

(a) Specify the time frames within which a corporation must	48641
act in order to exercise its opportunity for a reconsideration;	48642

(b) Permit the corporation to present written arguments or	48643
other materials that support the corporation's position.	48644

(K) There is hereby created in the state treasury the managed	48645
care assessment fund. Money collected from the franchise permit	48646
fees and penalties imposed under this section shall be credited to	48647
the fund. The department shall use the money in the fund to pay	48648
for medicaid services, the department's administrative costs, and	48649
contracts with medicaid health insuring corporations.	48650

(L) The director of job and family services may adopt rules	48651
to implement and administer this section. The rules shall be	48652
adopted in accordance with Chapter 119. of the Revised Code.	48653

Sec. 5111.19. The director of job and family services shall	48654
adopt rules governing the calculation and payment of graduate	48655
medical education costs associated with services rendered to	48656
medicaid recipients ~~of the medical assistance program~~ after June	48657
30, 1994. ~~The~~Subject to section 5111.191 of the Revised Code, the	48658
rules shall provide for reimbursement of graduate medical	48659
education costs associated with services rendered to ~~medical~~	48660
~~assistance~~medicaid recipients, including recipients enrolled in	48661
~~health insuring corporations~~a managed care organization under	48662
contract with the department under section 5111.17 of the Revised	48663
Code, that the department determines are allowable and reasonable.	48664

If the department requires a ~~health insuring corporation~~	48665
managed care organization to pay a provider for graduate medical	48666
education costs associated with the delivery of services to	48667
~~medical assistance~~medicaid recipients enrolled in the ~~corporation~~	48668
organization, the department shall include in its payment to the	48669
~~corporation~~organization an amount sufficient for the ~~corporation~~	48670
organization to pay such costs. If the department does not include	48671
in its payments to the ~~health insuring corporation~~managed care	48672
organization amounts for graduate medical education costs of	48673
providers, all of the following apply:	48674

(A) ~~The~~Except as provided in section 5111.191 of the Revised	48675
Code, the department shall pay the provider for graduate medical	48676
education costs associated with the delivery of services to	48677
~~medical assistance~~medicaid recipients enrolled in the ~~corporation~~	48678
organization;	48679

(B) No provider shall seek reimbursement from the ~~corporation~~	48680
organization for such costs;	48681

(C) The ~~corporation~~organization is not required to pay	48682
providers for such costs.	48683

Sec. 5111.191. (A) The department of job and family services	48684
may deny payment to a hospital for direct graduate medical	48685
education costs associated with the delivery of services to any	48686
medicaid recipient if the hospital refuses without good cause to	48687
contract with a managed care organization to which both of the	48688
following apply:	48689

(1) The managed care organization contracts with the	48690
department under section 5111.17 of the Revised Code to provide,	48691
or arrange for the provision of, health care services to medicaid	48692
recipients designated by the department under section 5111.16 of	48693
the Revised Code for mandatory enrollment in a managed care	48694
organization.	48695

(2) The managed care organization serves the area in which	48696
the hospital is located.	48697

(B) The director of job and family services shall specify in	48698
the rules adopted under section 5111.19 of the Revised Code what	48699
constitutes good cause for a hospital to refuse to contract with a	48700
managed care organization.	48701

Sec. 5111.20. As used in sections 5111.20 to ~~5111.34~~5111.33	48702
of the Revised Code:	48703

(A) "Allowable costs" are those costs determined by the	48704
department of job and family services to be reasonable and do not	48705
include fines paid under sections 5111.35 to 5111.61 and section	48706
5111.99 of the Revised Code.	48707

(B) "Ancillary and support costs" means all reasonable costs	48708
incurred by a nursing facility other than direct care costs or	48709
capital costs. "Ancillary and support costs" includes, but is not	48710
limited to, costs of activities, social services, pharmacy	48711
consultants, medical and habilitation records, program supplies,	48712
incontinence supplies, food, enterals, dietary supplies and	48713
personnel, laundry, housekeeping, security, administration,	48714
medical equipment, utilities, liability insurance, bookkeeping,	48715
purchasing department, human resources, communications, travel,	48716
dues, license fees, subscriptions, home office costs not otherwise	48717
allocated, legal services, accounting services, minor equipment,	48718
maintenance and repairs, help-wanted advertising, informational	48719
advertising, start-up costs, organizational expenses, other	48720
interest, property insurance, employee training and staff	48721
development, employee benefits, payroll taxes, and workers'	48722
compensation premiums or costs for self-insurance claims and	48723
related costs as specified in rules adopted by the director of job	48724
and family services under section 5111.02 of the Revised Code, for	48725
personnel listed in this division. "Ancillary and support costs"	48726
also means the cost of equipment, including vehicles, acquired by	48727
operating lease executed before December 1, 1992, if the costs are	48728
reported as administrative and general costs on the facility's	48729
cost report for the cost reporting period ending December 31,	48730
1992.	48731

(C) "Capital costs" means costs of ownership and, in the case	48732
of an intermediate care facility for the mentally retarded, costs	48733
of nonextensive renovation.	48734

(1) "Cost of ownership" means the actual expense incurred for	48735
all of the following:	48736

(a) Depreciation and interest on any capital assets that cost	48737
five hundred dollars or more per item, including the following:	48738

(i) Buildings;

48739

(ii) Building improvements that are not approved as	48740
nonextensive renovations under section ~~5111.25 or~~ 5111.251 of the	48741
Revised Code;	48742

(iii) ~~Equipment~~Except as provided in division (B) of this	48743
section, equipment;	48744

(iv) ~~Extensive~~In the case of an intermediate care facility	48745
for the mentally retarded, extensive renovations;	48746

(v) Transportation equipment.

48747

(b) Amortization and interest on land improvements and	48748
leasehold improvements;	48749

48750

(d) Except as provided in division ~~(I)~~(J) of this section,	48751
lease and rent of land, building, and equipment.	48752

The costs of capital assets of less than five hundred dollars	48753
per item may be considered capital costs ~~of ownership~~ in	48754
accordance with a provider's practice.	48755

(2) "Costs of nonextensive renovation" means the actual	48756
expense incurred by an intermediate care facility for the mentally	48757
retarded for depreciation or amortization and interest on	48758
renovations that are not extensive renovations.	48759

~~(C)~~(D) "Capital lease" and "operating lease" shall be	48760
construed in accordance with generally accepted accounting	48761
principles.	48762

~~(D)~~(E) "Case-mix score" means the measure determined under	48763
section ~~5111.231~~5111.232 of the Revised Code of the relative	48764
direct-care resources needed to provide care and habilitation to a	48765
resident of a nursing facility or intermediate care facility for	48766
the mentally retarded.	48767

~~(E)~~(F) "Date of licensure," for a facility originally	48768
licensed as a nursing home under Chapter 3721. of the Revised	48769
Code, means the date specific beds were originally licensed as	48770
nursing home beds under that chapter, regardless of whether they	48771
were subsequently licensed as residential facility beds under	48772
section 5123.19 of the Revised Code. For a facility originally	48773
licensed as a residential facility under section 5123.19 of the	48774
Revised Code, "date of licensure" means the date specific beds	48775
were originally licensed as residential facility beds under that	48776
section.	48777

(1) If nursing home beds licensed under Chapter 3721. of the	48778
Revised Code or residential facility beds licensed under section	48779
5123.19 of the Revised Code were not required by law to be	48780
licensed when they were originally used to provide nursing home or	48781
residential facility services, "date of licensure" means the date	48782
the beds first were used to provide nursing home or residential	48783
facility services, regardless of the date the present provider	48784
obtained licensure.	48785

(2) If a facility adds nursing home beds or residential	48786
facility beds or extensively renovates all or part of the facility	48787
after its original date of licensure, it will have a different	48788
date of licensure for the additional beds or extensively renovated	48789
portion of the facility, unless the beds are added in a space that	48790
was constructed at the same time as the previously licensed beds	48791
but was not licensed under Chapter 3721. or section 5123.19 of the	48792
Revised Code at that time.	48793

~~(F)~~(G) "Desk-reviewed" means that costs as reported on a cost	48794
report submitted under section 5111.26 of the Revised Code have	48795
been subjected to a desk review under division (A) of section	48796
5111.27 of the Revised Code and preliminarily determined to be	48797
allowable costs.	48798

~~(G)~~(H) "Direct care costs" means all of the following:

48799

(1)(a) Costs for registered nurses, licensed practical	48800
nurses, and nurse aides employed by the facility;	48801

(b) Costs for direct care staff, administrative nursing	48802
staff, medical directors, ~~social services staff, activities staff,~~	48803
~~psychologists and psychology assistants, social workers and~~	48804
~~counselors,~~ habilitation staff, qualified mental retardation	48805
professionals, program directors, respiratory therapists,	48806
habilitation supervisors, and except as provided in division	48807
(G)(2) of this section, other persons holding degrees qualifying	48808
them to provide therapy;	48809

48810

(d) Costs of quality assurance;

48811

(e) Costs of training and staff development, employee	48812
benefits, payroll taxes, and workers' compensation premiums or	48813
costs for self-insurance claims and related costs as specified in	48814
rules adopted by the director of job and family services in	48815
accordance with Chapter 119. of the Revised Code, for personnel	48816
listed in divisions ~~(G)~~(H)(1)(a), (b), and (d) of this section;	48817

(f) Costs of consulting and management fees related to direct	48818
care;	48819

(g) Allocated direct care home office costs.

48820

(2) In addition to the costs specified in division (H)(1) of	48821
this section, for nursing facilities only, direct care costs	48822
include medical supplies, emergency oxygen, habilitation supplies,	48823
and universal precautions supplies.	48824

(3) In addition to the costs specified in division ~~(G)~~(H)(1)	48825
of this section, for intermediate care facilities for the mentally	48826
retarded only, direct care costs include both of the following:	48827

(a) Costs for physical therapists and physical therapy	48828
assistants, occupational therapists and occupational therapy	48829
assistants, speech therapists, ~~and~~ audiologists, social services	48830
staff, activities staff, psychologists and psychology assistants,	48831
and social workers and counselors;	48832

(b) Costs of training and staff development, employee	48833
benefits, payroll taxes, and workers' compensation premiums or	48834
costs for self-insurance claims and related costs as specified in	48835
rules adopted ~~by the director of job and family services in~~	48836
~~accordance with Chapter 119.~~under section 5111.02 of the Revised	48837
Code, for personnel listed in division ~~(G)(2)~~(H)(3)(a) of this	48838
section.	48839

~~(3)~~(4) Costs of other direct-care resources that are	48840
specified as direct care costs in rules adopted ~~by the director of~~	48841
~~job and family services in accordance with Chapter 119.~~under	48842
section 5111.02 of the Revised Code.	48843

~~(H)~~(I) "Fiscal year" means the fiscal year of this state, as	48844
specified in section 9.34 of the Revised Code.	48845

~~(I)~~(J) "Indirect care costs" means all reasonable costs	48846
incurred by an intermediate care facility for the mentally	48847
retarded other than direct care costs, other protected costs, or	48848
capital costs. "Indirect care costs" includes but is not limited	48849
to costs of habilitation supplies, pharmacy consultants, medical	48850
and habilitation records, program supplies, incontinence supplies,	48851
food, enterals, dietary supplies and personnel, laundry,	48852
housekeeping, security, administration, liability insurance,	48853
bookkeeping, purchasing department, human resources,	48854
communications, travel, dues, license fees, subscriptions, home	48855
office costs not otherwise allocated, legal services, accounting	48856
services, minor equipment, maintenance and repairs, help-wanted	48857
advertising, informational advertising, start-up costs,	48858
organizational expenses, other interest, property insurance,	48859
employee training and staff development, employee benefits,	48860
payroll taxes, and workers' compensation premiums or costs for	48861
self-insurance claims and related costs as specified in rules	48862
adopted ~~by the director of job and family services in accordance~~	48863
~~with Chapter 119.~~under section 5111.02 of the Revised Code, for	48864
personnel listed in this division. Notwithstanding division	48865
~~(B)~~(C)(1) of this section, "indirect care costs" also means the	48866
cost of equipment, including vehicles, acquired by operating lease	48867
executed before December 1, 1992, if the costs are reported as	48868
administrative and general costs on the facility's cost report for	48869
the cost reporting period ending December 31, 1992.	48870

~~(J)~~(K) "Inpatient days" means all days during which a	48871
resident, regardless of payment source, occupies a bed in a	48872
nursing facility or intermediate care facility for the mentally	48873
retarded that is included in the facility's certified capacity	48874
under Title XIX of the "Social Security Act," 49 Stat. 610 (1935),	48875
42 U.S.C.A. 301, as amended. Therapeutic or hospital leave days	48876
for which payment is made under section 5111.33 of the Revised	48877
Code are considered inpatient days proportionate to the percentage	48878
of the facility's per resident per day rate paid for those days.	48879

~~(K)~~(L) "Intermediate care facility for the mentally retarded"	48880
means an intermediate care facility for the mentally retarded	48881
certified as in compliance with applicable standards for the	48882
~~medical assistance~~medicaid program by the director of health in	48883
accordance with Title XIX of the "Social Security Act."	48884

~~(L)~~(M) "Maintenance and repair expenses" means, except as	48885
provided in division ~~(X)~~(Y)(2) of this section, expenditures that	48886
are necessary and proper to maintain an asset in a normally	48887
efficient working condition and that do not extend the useful life	48888
of the asset two years or more. "Maintenance and repair expenses"	48889
includes but is not limited to the cost of ordinary repairs such	48890
as painting and wallpapering.	48891

~~(M)~~(N) "Nursing facility" means a facility, or a distinct	48892
part of a facility, that is certified as a nursing facility by the	48893
director of health in accordance with Title XIX of the "Social	48894
Security Act," and is not an intermediate care facility for the	48895
mentally retarded. "Nursing facility" includes a facility, or a	48896
distinct part of a facility, that is certified as a nursing	48897
facility by the director of health in accordance with Title XIX of	48898
the "Social Security Act," and is certified as a skilled nursing	48899
facility by the director in accordance with Title XVIII of the	48900
"Social Security Act."	48901

~~(N)~~(O) "Operator" means the person or government entity	48902
responsible for the daily operating and management decisions for a	48903
nursing facility or intermediate care facility for the mentally	48904
retarded.	48905

(P) "Other protected costs" means costs incurred by an	48906
intermediate care facility for the mentally retarded for medical	48907
supplies; real estate, franchise, and property taxes; natural gas,	48908
fuel oil, water, electricity, sewage, and refuse and hazardous	48909
medical waste collection; allocated other protected home office	48910
costs; and any additional costs defined as other protected costs	48911
in rules adopted ~~by the director of job and family services in~~	48912
~~accordance with Chapter 119.~~under section 5111.02 of the Revised	48913
Code.	48914

~~(O)~~(Q) "Owner" means any person or government entity that has	48915
at least five per cent ownership or interest, either directly,	48916
indirectly, or in any combination, in a nursing facility or	48917
intermediate care facility for the mentally retarded.	48918

~~(P)~~(R) "Patient" includes "resident."

48919

~~(Q)~~(S) Except as provided in divisions ~~(Q)~~(S)(1) and (2) of	48920
this section, "per diem" means a nursing facility's or	48921
intermediate care facility for the mentally retarded's actual,	48922
allowable costs in a given cost center in a cost reporting period,	48923
divided by the facility's inpatient days for that cost reporting	48924
period.	48925

(1) When calculating indirect care costs for the purpose of	48926
establishing rates under section ~~5111.24 or~~ 5111.241 of the	48927
Revised Code, "per diem" means ~~a facility's~~an intermediate care	48928
facility for the mentally retarded's actual, allowable indirect	48929
care costs in a cost reporting period divided by the greater of	48930
the facility's inpatient days for that period or the number of	48931
inpatient days the facility would have had during that period if	48932
its occupancy rate had been eighty-five per cent.	48933

(2) When calculating capital costs for the purpose of	48934
establishing rates under section 5111.25 or 5111.251 of the	48935
Revised Code, "per diem" means a facility's actual, allowable	48936
capital costs in a cost reporting period divided by the greater of	48937
the facility's inpatient days for that period or the number of	48938
inpatient days the facility would have had during that period if	48939
its occupancy rate had been ninety-five per cent. For the purpose	48940
of determining a nursing facility's occupancy rate under division	48941
(S)(2) of this section, the department of job and family services	48942
shall include any beds that the nursing facility removes from its	48943
bed capacity under its Title XIX certification after June 30,	48944
2005, unless the nursing facility also removes the beds from its	48945
licensed bed capacity.	48946

~~(R)~~(T) "Provider" means a person or government entity that	48947
operates a nursing facility or intermediate care facility for the	48948
mentally retarded under a provider agreement.	48949

~~(S)~~(U) "Provider agreement" means a contract between the	48950
department of job and family services and the operator of a	48951
nursing facility or intermediate care facility for the mentally	48952
retarded for the provision of nursing facility services or	48953
intermediate care facility services for the mentally retarded	48954
under the ~~medical assistance~~medicaid program.	48955

~~(T) "Purchased nursing services" means services that are~~	48956
~~provided in a nursing facility by registered nurses, licensed~~	48957
~~practical nurses, or nurse aides who are not employees of the~~	48958
~~facility.~~	48959

~~(U)~~(V) "Reasonable" means that a cost is an actual cost that	48960
is appropriate and helpful to develop and maintain the operation	48961
of patient care facilities and activities, including normal	48962
standby costs, and that does not exceed what a prudent buyer pays	48963
for a given item or services. Reasonable costs may vary from	48964
provider to provider and from time to time for the same provider.	48965

~~(V)~~(W) "Related party" means an individual or organization	48966
that, to a significant extent, has common ownership with, is	48967
associated or affiliated with, has control of, or is controlled	48968
by, the provider.	48969

(1) An individual who is a relative of an owner is a related	48970
party.	48971

(2) Common ownership exists when an individual or individuals	48972
possess significant ownership or equity in both the provider and	48973
the other organization. Significant ownership or equity exists	48974
when an individual or individuals possess five per cent ownership	48975
or equity in both the provider and a supplier. Significant	48976
ownership or equity is presumed to exist when an individual or	48977
individuals possess ten per cent ownership or equity in both the	48978
provider and another organization from which the provider	48979
purchases or leases real property.	48980

(3) Control exists when an individual or organization has the	48981
power, directly or indirectly, to significantly influence or	48982
direct the actions or policies of an organization.	48983

(4) An individual or organization that supplies goods or	48984
services to a provider shall not be considered a related party if	48985
all of the following conditions are met:	48986

(a) The supplier is a separate bona fide organization.

48987

(b) A substantial part of the supplier's business activity of	48988
the type carried on with the provider is transacted with others	48989
than the provider and there is an open, competitive market for the	48990
types of goods or services the supplier furnishes.	48991

(c) The types of goods or services are commonly obtained by	48992
other nursing facilities or intermediate care facilities for the	48993
mentally retarded from outside organizations and are not a basic	48994
element of patient care ordinarily furnished directly to patients	48995
by the facilities.	48996

(d) The charge to the provider is in line with the charge for	48997
the goods or services in the open market and no more than the	48998
charge made under comparable circumstances to others by the	48999
supplier.	49000

~~(W)~~(X) "Relative of owner" means an individual who is related	49001
to an owner of a nursing facility or intermediate care facility	49002
for the mentally retarded by one of the following relationships:	49003

(1) Spouse;

49004

(2) Natural parent, child, or sibling;

49005

(3) Adopted parent, child, or sibling;

49006

(4) ~~Step-parent~~Stepparent, ~~step-child~~stepchild,	49007
~~step-brother~~stepbrother, or ~~step-sister~~stepsister;	49008

(5) Father-in-law, mother-in-law, son-in-law,	49009
daughter-in-law, brother-in-law, or sister-in-law;	49010

(6) Grandparent or grandchild;

49011

(7) Foster caregiver, foster child, foster brother, or foster	49012
sister.	49013

~~(X)~~(Y) "Renovation" and "extensive renovation" mean:

49014

(1) Any betterment, improvement, or restoration of ~~a nursing~~	49015
~~facility or~~an intermediate care facility for the mentally	49016
retarded started before July 1, 1993, that meets the definition of	49017
a renovation or extensive renovation established in rules adopted	49018
by the director of job and family services in effect on December	49019
22, 1992.	49020

(2) In the case of betterments, improvements, and	49021
restorations of ~~nursing facilities and~~ intermediate care	49022
facilities for the mentally retarded started on or after July 1,	49023
1993:	49024

(a) "Renovation" means the betterment, improvement, or	49025
restoration of ~~a nursing facility or~~an intermediate care facility	49026
for the mentally retarded beyond its current functional capacity	49027
through a structural change that costs at least five hundred	49028
dollars per bed. A renovation may include betterment, improvement,	49029
restoration, or replacement of assets that are affixed to the	49030
building and have a useful life of at least five years. A	49031
renovation may include costs that otherwise would be considered	49032
maintenance and repair expenses if they are an integral part of	49033
the structural change that makes up the renovation project.	49034
"Renovation" does not mean construction of additional space for	49035
beds that will be added to a facility's licensed or certified	49036
capacity.	49037

(b) "Extensive renovation" means a renovation that costs more	49038
than sixty-five per cent and no more than eighty-five per cent of	49039
the cost of constructing a new bed and that extends the useful	49040
life of the assets for at least ten years.	49041

For the purposes of division ~~(X)~~(Y)(2) of this section, the	49042
cost of constructing a new bed shall be considered to be forty	49043
thousand dollars, adjusted for the estimated rate of inflation	49044
from January 1, 1993, to the end of the calendar year during which	49045
the renovation is completed, using the consumer price index for	49046
shelter costs for all urban consumers for the north central	49047
region, as published by the United States bureau of labor	49048
statistics.	49049

The department of job and family services may treat a	49050
renovation that costs more than eighty-five per cent of the cost	49051
of constructing new beds as an extensive renovation if the	49052
department determines that the renovation is more prudent than	49053
construction of new beds.	49054

Sec. 5111.204. (A) As used in this section ~~and in section~~	49055
~~5111.205 of the Revised Code~~, "representative" means a person	49056
acting on behalf of an applicant for or recipient of ~~medical~~	49057
~~assistance~~medicaid. A representative may be a family member,	49058
attorney, hospital social worker, or any other person chosen to	49059
act on behalf of an applicant or recipient.	49060

(B) The department of job and family services may require an	49061
each applicant for or recipient of ~~medical assistance~~medicaid who	49062
applies or intends to apply for admission to a nursing facility or	49063
resides in a nursing facility to undergo an assessment to	49064
determine whether the applicant or recipient needs the level of	49065
care provided by a nursing facility. ToThe assessment may be	49066
performed concurrently with a long-term care consultation provided	49067
under section 173.42 of the Revised Code.	49068

To the maximum extent possible, the assessment shall be based	49069
on information from the resident assessment instrument specified	49070
in rules adopted by the director of job and family services under	49071
division ~~(A)~~(D) of section ~~5111.231~~5111.232 of the Revised Code.	49072
The assessment shall also be based on criteria and procedures	49073
established in rules adopted under division ~~(H)~~(F) of this section	49074
and information provided by the person being assessed or the	49075
person's representative. ~~The~~	49076

The department of job and family services, or if the	49077
assessment is performed by ~~another~~an agency ~~designated~~ under	49078
contract with the department pursuant to division (G) of this	49079
section ~~5101.754 of the Revised Code~~, the agency, shall, not later	49080
than the time the ~~assessment~~level of care determination based on	49081
the assessment is required to be ~~performed~~provided under division	49082
(C) of this section, give written notice of its conclusions and	49083
the basis for them to the person assessed and, if the department	49084
of job and family services or ~~designated entity~~agency under	49085
contract with the department has been informed that the person has	49086
a representative, to the representative.	49087

(C) The department of job and family services or ~~designated~~	49088
agency under contract with the department, whichever performs the	49089
assessment, shall ~~perform a complete assessment, or, if~~	49090
~~circumstances provided by rules adopted under division (H) of this~~	49091
~~section exist, a partial assessment,~~provide a level of care	49092
determination based on the assessment as follows:	49093

(1) In the case of a person applying or intending to apply	49094
for admission to a nursing facility while hospitalized, not later	49095
than one of the following:	49096

(a) One working day after the person or the person's	49097
representative submits anthe application ~~for admission to the~~	49098
~~nursing facility~~ or notifies the department of the person's	49099
intention to apply and submits all information required for	49100
providing the level of care determination, as specified in rules	49101
adopted under division (F)(2) of this section;	49102

(b) A later date requested by the person or the person's	49103
representative.	49104

(2) In the case of ~~an emergency as determined in accordance~~	49105
~~with rules adopted under division (H) of this section, not later~~	49106
~~than one calendar day after the person or the person's~~	49107
~~representative submits the application or notifies the department~~	49108
~~of the person's intention to apply.~~	49109

~~(3) In all other cases~~a person applying or intending to	49110
apply for admission to a nursing facility who is not hospitalized,	49111
not later than one of the following:	49112

(a) Five calendar days after the person or the person's	49113
representative submits the application or notifies the department	49114
of the person's intention to apply and submits all information	49115
required for providing the level of care determination, as	49116
specified in rules adopted under division (F)(2) of this section;	49117

(b) A later date requested by the person or the person's	49118
representative.	49119

(3) In the case of a person who resides in a nursing	49120
facility, not later than one of the following:	49121

(a) Five calendar days after the person or the person's	49122
representative submits an application for medical assistance and	49123
submits all information required for providing the level of care	49124
determination, as specified in rules adopted under division (F)(2)	49125
of this section;	49126

(b) A later date requested by the person or the person's	49127
representative.	49128

(4) In the case of an emergency, as specified in rules	49129
adopted under division (F)(4) of this section, within the number	49130
of days specified in the rules.	49131

(D) ~~If the department of job and family services or~~	49132
~~designated agency conducts a partial assessment under division (C)~~	49133
~~of this section, it shall complete the rest of the assessment not~~	49134
~~later than one hundred eighty days after the date the person is~~	49135
~~admitted to the nursing facility unless the department or~~	49136
~~designated agency determines the person should be exempt from the~~	49137
~~assessment.~~	49138

~~(E) A person is not required to be assessed under this~~	49139
~~section if the circumstances specified by rule adopted under~~	49140
~~division (H) of this section exist or the department of job and~~	49141
~~family services or designated agency determines after a partial~~	49142
~~assessment that the person should be exempt from the assessment.~~	49143

~~(F)~~ A person assessed under this section or the person's	49144
representative may ~~appeal~~request a state hearing to dispute the	49145
conclusions reached by the department of job and family services	49146
or ~~designated~~ agency under contract with the department on the	49147
basis of the assessment. The ~~appeal~~request for a state hearing	49148
shall be made in accordance with section 5101.35 of the Revised	49149
Code. The department of job and family services or ~~designated~~	49150
agency~~, whichever performs the assessment,~~under contract with the	49151
department shall provide to the person or the person's	49152
representative and the nursing facility written notice of the	49153
person's right to ~~appeal~~request a state hearing. The notice shall	49154
include an explanation of the procedure for ~~filing an appeal~~	49155
requesting a state hearing. If a state hearing is requested, the	49156
state shall be represented in the hearing by the department of job	49157
and family services or the agency under contract with the	49158
department, whichever performed the assessment.	49159

~~(G)~~(E) A nursing facility that admits or retains a person	49160
determined pursuant to an assessment required under ~~division (B)~~	49161
~~or (C) of~~ this section not to need the level of care provided by	49162
the nursing facility shall not be reimbursed under the ~~medical~~	49163
~~assistance~~medicaid program for the person's care.	49164

~~(H)~~(F) The director of job and family services shall adopt	49165
rules in accordance with Chapter 119. of the Revised Code to	49166
implement and administer this section. The rules shall include all	49167
of the following:	49168

(1) Criteria and procedures to be used in determining whether	49169
admission to a nursing facility or continued stay in a nursing	49170
facility is appropriate for the person being assessed~~. The~~	49171
~~criteria shall include consideration of whether the person is in~~	49172
~~need of any of the following:~~	49173

~~(a) Nursing or rehabilitation services;~~

49174

~~(b) Assistance with two or more of the activities of daily~~	49175
~~living;~~	49176

~~(c) Continuous supervision to prevent harm to the person as a~~	49177
~~result of cognitive impairment.~~;	49178

(2) Information the person being assessed or the person's	49179
representative must provide to the department or ~~designated~~ agency	49180
under contract with the department for purposes of the assessment	49181
and providing a level of care determination based on the	49182
assessment;	49183

(3) ~~Circumstances under which the department of job and~~	49184
~~family services or designated agency may perform a partial~~	49185
~~assessment under division (C) of this section;~~	49186

~~(4)~~ Circumstances under which a person is not required to be	49187
assessed;	49188

(4) Circumstances that constitute an emergency for purposes	49189
of division (C)(4) of this section and the number of days within	49190
which a level of care determination must be provided in the case	49191
of an emergency.	49192

(G) Pursuant to section 5111.91 of the Revised Code, the	49193
department of job and family services may enter into contracts in	49194
the form of interagency agreements with one or more other state	49195
agencies to perform the assessments required under this section.	49196
The interagency agreements shall specify the responsibilities of	49197
each agency in the performance of the assessments.	49198

Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011,	49199
5111.012, ~~5111.02~~5111.021, and 5111.211 of the Revised Code, the	49200
department of job and family services shall pay, as provided in	49201
sections 5111.20 to ~~5111.32~~5111.33 of the Revised Code, the	49202
reasonable costs of services provided to an eligible medicaid	49203
recipient by an eligible nursing facility or intermediate care	49204
facility for the mentally retarded.	49205

In order to be eligible for ~~medical assistance~~medicaid	49206
payments, the operator of a nursing facility or intermediate care	49207
facility for the mentally retarded shall do all of the following:	49208

(1) Enter into a provider agreement with the department as	49209
provided in section 5111.22 of the Revised Code;	49210

(2) Apply for and maintain a valid license to operate if so	49211
required by law;	49212

(3) Comply with all applicable state and federal laws and	49213
rules.	49214

(B) A(1) Except as provided in division (B)(2) of this	49215
section, the operator of a nursing facility that elects to obtain	49216
and maintain eligibility for payments under the medicaid program	49217
shall qualify all of the facility's medicaid-certified beds in the	49218
medicare program established by Title XVIII of the "Social	49219
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The director	49220
of job and family services may adopt rules ~~in accordance with~~	49221
~~Chapter 119.~~under section 5111.02 of the Revised Code to	49222
establish the time frame in which a nursing facility must comply	49223
with this requirement.	49224

(2) The Ohio veteran's home agency is not required to qualify	49225
all of the medicaid-certified beds in a nursing facility the	49226
agency maintains and operates under section 5907.01 of the Revised	49227
Code in the medicare program.	49228

Sec. 5111.22. A provider agreement between the department of	49229
job and family services and the operator of a nursing facility or	49230
intermediate care facility for the mentally retarded shall contain	49231
the following provisions:	49232

(A) The department agrees to make payments to the ~~nursing~~	49233
~~facility or intermediate care facility for the mentally retarded~~	49234
~~for patients eligible for services under the medical assistance~~	49235
~~program~~operator, as provided in sections 5111.20 to ~~5111.32~~	49236
5111.33 of the Revised Code, for medicaid-covered services the	49237
facility provides to a resident of the facility who is a medicaid	49238
recipient. No payment shall be made for the day a medicaid	49239
recipient is discharged from the facility.	49240

(B) The ~~provider~~operator agrees to:

49241

(1) Maintain eligibility as provided in section 5111.21 of	49242
the Revised Code;	49243

(2) Keep records relating to a cost reporting period for the	49244
greater of seven years after the cost report is filed or, if the	49245
department issues an audit report in accordance with division (B)	49246
of section 5111.27 of the Revised Code, six years after all appeal	49247
rights relating to the audit report are exhausted;	49248

(3) File reports as required by the department;

49249

(4) Open all records relating to the costs of its services	49250
for inspection and audit by the department;	49251

(5) Open its premises for inspection by the department, the	49252
department of health, and any other state or local authority	49253
having authority to inspect;	49254

(6) Supply to the department such information as it requires	49255
concerning the facility's services to ~~patients~~residents who are	49256
or are eligible to be medicaid recipients;	49257

(7) Comply with section 5111.31 of the Revised Code.

49258

The provider agreement may contain other provisions that are	49259
consistent with law and considered necessary by the department.	49260

A provider agreement shall be effective for no longer than	49261
twelve months, except that if federal statute or regulations	49262
authorize a longer term, it may be effective for a longer term so	49263
authorized. A provider agreement may be renewed only if the	49264
facility is certified by the department of health for	49265
participation in the medicaid program.	49266

The department of job and family services, in accordance with	49267
rules adopted ~~by the director pursuant to Chapter 119.~~under	49268
section 5111.02 of the Revised Code, may elect not to enter into,	49269
not to renew, or to terminate a provider agreement when the	49270
department determines that such an agreement would not be in the	49271
best interests of ~~the~~medicaid recipients or of the state.	49272

Sec. 5111.221. The department of job and family services	49273
shall make its best efforts each year to calculate rates under	49274
sections ~~5111.23~~5111.20 to ~~5111.29~~5111.33 of the Revised Code in	49275
time to use them to make the payments due to ~~nursing facilities~~	49276
~~and intermediate care facilities for the mentally retarded~~	49277
providers by the fifteenth day of August. If the department is	49278
unable to calculate the rates so that they can be paid by that	49279
date, the department shall pay each ~~facility~~provider the rate	49280
calculated for itthe provider's nursing facilities and	49281
intermediate care facilities for the mentally retarded under those	49282
sections at the end of the previous fiscal year. If the department	49283
also is unable to calculate the rates to make the payments due by	49284
the fifteenth day of September and the fifteenth day of October,	49285
the department shall pay the previous fiscal year's rate to make	49286
those payments. The department may increase by five per cent the	49287
previous fiscal year's rate paid tofor any facility pursuant to	49288
this section at the request of the ~~facility~~provider. The	49289
department shall use rates calculated for the current fiscal year	49290
to make the payments due by the fifteenth day of November.	49291

If the rate paid to a provider for a facility pursuant to	49292
this section is lower than the rate calculated for itthe facility	49293
for the current fiscal year, the department shall pay the ~~facility~~	49294
provider the difference between the two rates for the number of	49295
days for which the ~~facility~~provider was paid for the facility	49296
pursuant to this section. If the rate paid tofor a facility	49297
pursuant to this section is higher than the rate calculated for it	49298
for the current fiscal year, the ~~facility~~provider shall refund to	49299
the department the difference between the two rates for the number	49300
of days for which the ~~facility~~provider was paid for the facility	49301
pursuant to this section.	49302

Sec. 5111.222. The operator of a nursing facility or	49303
intermediate care facility for the mentally retarded may enter	49304
into provider agreements for more than one nursing facility or	49305
intermediate care facility for the mentally retarded.	49306

Sec. 5111.23. (A) The department of job and family services	49307
shall pay a provider for each of the provider's eligible ~~nursing~~	49308
~~facility and~~ intermediate care ~~facility~~facilities for the	49309
mentally retarded a per resident per day rate for direct care	49310
costs established prospectively for each facility. The department	49311
shall establish each facility's rate for direct care costs	49312
quarterly.	49313

(B) Each facility's rate for direct care costs shall be based	49314
on the facility's cost per case-mix unit, subject to the maximum	49315
costs per case-mix unit established under division (B)(2) of this	49316
section, from the calendar year preceding the fiscal year in which	49317
the rate is paid. To determine the rate, the department shall do	49318
all of the following:	49319

(1) Determine each facility's cost per case-mix unit for the	49320
calendar year preceding the fiscal year in which the rate will be	49321
paid by dividing the facility's desk-reviewed, actual, allowable,	49322
per diem direct care costs for that year by its average case-mix	49323
score determined under section ~~5111.231~~5111.232 of the Revised	49324
Code for the same calendar year.	49325

(2)(a) ~~Set the maximum cost per case-mix unit for each peer~~	49326
~~group of nursing facilities specified in rules adopted under~~	49327
~~division (E) of this section at a percentage above the cost per~~	49328
~~case-mix unit of the facility in the group that has the group's~~	49329
~~median medicaid inpatient day for the calendar year preceding the~~	49330
~~fiscal year in which the rate will be paid, as calculated under~~	49331
~~division (B)(1) of this section, that is no less than the~~	49332
~~percentage calculated under division (D)(1) of this section.~~	49333

~~(b)~~ Set the maximum cost per case-mix unit for each peer	49334
group of intermediate care facilities for the mentally retarded	49335
with more than eight beds specified in rules adopted under	49336
division (E) of this section at a percentage above the cost per	49337
case-mix unit of the facility in the group that has the group's	49338
median medicaid inpatient day for the calendar year preceding the	49339
fiscal year in which the rate will be paid, as calculated under	49340
division (B)(1) of this section, that is no less than the	49341
percentage calculated under division (D)(2) of this section.	49342

~~(c)~~(b) Set the maximum cost per case-mix unit for each peer	49343
group of intermediate care facilities for the mentally retarded	49344
with eight or fewer beds specified in rules adopted under division	49345
(E) of this section at a percentage above the cost per case-mix	49346
unit of the facility in the group that has the group's median	49347
medicaid inpatient day for the calendar year preceding the fiscal	49348
year in which the rate will be paid, as calculated under division	49349
(B)(1) of this section, that is no less than the percentage	49350
calculated under division (D)(3) of this section.	49351

~~(d)~~(c) In calculating the maximum cost per case-mix unit	49352
under divisions (B)(2)(a) to ~~(c)~~(b) of this section for each peer	49353
group, the department shall exclude from its calculations the cost	49354
per case-mix unit of any facility in the group that participated	49355
in the ~~medical assistance~~medicaid program under the same operator	49356
for less than twelve months during the calendar year preceding the	49357
fiscal year in which the rate will be paid.	49358

(3) Estimate the rate of inflation for the eighteen-month	49359
period beginning on the first day of July of the calendar year	49360
preceding the fiscal year in which the rate will be paid and	49361
ending on the thirty-first day of December of the fiscal year in	49362
which the rate will be paid, using the employment cost index for	49363
total compensation, health services component, published by the	49364
United States bureau of labor statistics. If the estimated	49365
inflation rate for the eighteen-month period is different from the	49366
actual inflation rate for that period, as measured using the same	49367
index, the difference shall be added to or subtracted from the	49368
inflation rate estimated under division (B)(3) of this section for	49369
the following fiscal year.	49370

(4) The department shall not recalculate a maximum cost per	49371
case-mix unit under division (B)(2) of this section or a	49372
percentage under division (D) of this section based on additional	49373
information that it receives after the maximum costs per case-mix	49374
unit or percentages are set. The department shall recalculate a	49375
maximum cost per case-mix units or percentage only if it made an	49376
error in computing the maximum cost per case-mix unit or	49377
percentage based on information available at the time of the	49378
original calculation.	49379

(C) Each facility's rate for direct care costs shall be	49380
determined as follows for each calendar quarter within a fiscal	49381
year:	49382

(1) Multiply the lesser of the following by the facility's	49383
average case-mix score determined under section ~~5111.231~~5111.232	49384
of the Revised Code for the calendar quarter that preceded the	49385
immediately preceding calendar quarter:	49386

(a) The facility's cost per case-mix unit for the calendar	49387
year preceding the fiscal year in which the rate will be paid, as	49388
determined under division (B)(1) of this section;	49389

(b) The maximum cost per case-mix unit established for the	49390
fiscal year in which the rate will be paid for the facility's peer	49391
group under division (B)(2) of this section;	49392

(2) Adjust the product determined under division (C)(1) of	49393
this section by the inflation rate estimated under division (B)(3)	49394
of this section.	49395

(D)(1) ~~The department shall calculate the percentage above~~	49396
~~the median cost per case-mix unit determined under division (B)(1)~~	49397
~~of this section for the facility that has the median medicaid~~	49398
~~inpatient day for calendar year 1992 for all nursing facilities~~	49399
~~that would result in payment of all desk-reviewed, actual,~~	49400
~~allowable direct care costs for eighty-five per cent of the~~	49401
~~medicaid inpatient days for nursing facilities for calendar year~~	49402
~~1992.~~	49403

~~(2)~~ The department shall calculate the percentage above the	49404
median cost per case-mix unit determined under division (B)(1) of	49405
this section for the facility that has the median medicaid	49406
inpatient day for calendar year 1992 for all intermediate care	49407
facilities for the mentally retarded with more than eight beds	49408
that would result in payment of all desk-reviewed, actual,	49409
allowable direct care costs for eighty and one-half per cent of	49410
the medicaid inpatient days for such facilities for calendar year	49411
1992.	49412

~~(3)~~(2) The department shall calculate the percentage above	49413
the median cost per case-mix unit determined under division (B)(1)	49414
of this section for the facility that has the median medicaid	49415
inpatient day for calendar year 1992 for all intermediate care	49416
facilities for the mentally retarded with eight or fewer beds that	49417
would result in payment of all desk-reviewed, actual, allowable	49418
direct care costs for eighty and one-half per cent of the medicaid	49419
inpatient days for such facilities for calendar year 1992.	49420

(E) The director of job and family services shall adopt rules	49421
~~in accordance with Chapter 119.~~under section 5111.02 of the	49422
Revised Code that specify peer groups of ~~nursing facilities,~~	49423
intermediate care facilities for the mentally retarded with more	49424
than eight beds, and intermediate care facilities for the mentally	49425
retarded with eight or fewer beds, based on findings of	49426
significant per diem direct care cost differences due to geography	49427
and facility bed-size. The rules also may specify peer groups	49428
based on findings of significant per diem direct care cost	49429
differences due to other factors which may include~~, in the case of~~	49430
~~intermediate care facilities for the mentally retarded,~~ case-mix.	49431

(F) The department, in accordance with division (C) of	49432
section ~~5111.231~~5111.232 of the Revised Code and rules adopted	49433
under division (D) of that section, may assign case-mix scores or	49434
costs per case-mix unit if a ~~facility~~provider fails to submit	49435
assessment ~~information~~data necessary to calculate ~~its~~an	49436
intermediate care facility for the mentally retarded's case-mix	49437
score in accordance with that section.	49438

Sec. 5111.231. (A) The department of job and family services	49439
shall pay a provider for each of the provider's eligible nursing	49440
facilities a per resident per day rate for direct care costs	49441
established prospectively for each facility. The department shall	49442
establish each facility's rate for direct care costs quarterly.	49443

(B) Each facility's rate for direct care costs shall be based	49444
on the facility's cost per case-mix unit, subject to the maximum	49445
costs per case-mix unit established under division (B)(2) of this	49446
section, from the calendar year preceding the fiscal year in which	49447
the rate is paid. To determine the rate, the department shall do	49448
all of the following:	49449

(1) Determine each facility's cost per case-mix unit for the	49450
calendar year preceding the fiscal year in which the rate will be	49451
paid by dividing the facility's desk-reviewed, actual, allowable,	49452
per diem direct care costs for that year by its average case-mix	49453
score determined under section 5111.232 of the Revised Code for	49454
the same calendar year.	49455

(2)(a) Set the maximum cost per case-mix unit for each peer	49456
group of nursing facilities specified in division (D) of this	49457
section at one hundred sixteen per cent above the cost per	49458
case-mix unit of the facility in the group that has the group's	49459
median medicaid inpatient day for the calendar year preceding the	49460
fiscal year in which the rate will be paid, as calculated under	49461
division (B)(1) of this section.	49462

(b) In calculating the maximum cost per case-mix unit under	49463
division (B)(2)(a) of this section for each peer group, the	49464
department shall exclude from its calculations the cost per	49465
case-mix unit of either of the following:	49466

(i) Any facility in the group that participated in the	49467
medicaid program under the same operator for less than twelve	49468
months during the calendar year preceding the fiscal year in which	49469
the rate will be paid;	49470

(ii) Any facility in the group that has a cost per case-mix	49471
unit that is more than one standard deviation greater or less than	49472
the mean cost per case-mix unit for all nursing facilities in the	49473
group for the calendar year preceding the fiscal year in which the	49474
rate will be paid.	49475

(3) Estimate the rate of inflation for the eighteen-month	49476
period beginning on the first day of July of the calendar year	49477
preceding the fiscal year in which the rate will be paid and	49478
ending on the thirty-first day of December of the fiscal year in	49479
which the rate will be paid, using the employment cost index for	49480
total compensation, health services component, published by the	49481
United States bureau of labor statistics. If the estimated	49482
inflation rate for the eighteen-month period is different from the	49483
actual inflation rate for that period, as measured using the same	49484
index, the difference shall be added to or subtracted from the	49485
inflation rate estimated under division (B)(3) of this section for	49486
the following fiscal year.	49487

(4) The department shall not recalculate a maximum cost per	49488
case-mix unit under division (B)(2) of this section based on	49489
additional information that it receives after the maximum costs	49490
per case-mix unit are set. The department shall recalculate a	49491
maximum cost per case-mix units only if it made an error in	49492
computing the maximum cost per case-mix unit based on information	49493
available at the time of the original calculation.	49494

(C) Each facility's rate for direct care costs shall be	49495
determined as follows for each calendar quarter within a fiscal	49496
year:	49497

(1) Multiply the lesser of the following by the facility's	49498
average case-mix score determined under section 5111.232 of the	49499
Revised Code for the calendar quarter that preceded the	49500
immediately preceding calendar quarter:	49501

(a) The facility's cost per case-mix unit for the calendar	49502
year preceding the fiscal year in which the rate will be paid, as	49503
determined under division (B)(1) of this section;	49504

(b) The maximum cost per case-mix unit established for the	49505
fiscal year in which the rate will be paid for the facility's peer	49506
group under division (B)(2) of this section;	49507

(2) Adjust the product determined under division (C)(1) of	49508
this section by the inflation rate estimated under division (B)(3)	49509
of this section.	49510

(D)(1) The director of job and family services shall use peer	49511
groups of nursing facilities for the purpose of this section that	49512
are the same as the peer groups specified in rules that were	49513
authorized by section 5111.23 of the Revised Code as that section	49514
existed on the day before the effective date of this section and	49515
were in effect on January 1, 2004, except that nursing facilities	49516
located in Ottawa, Erie, Morrow, Union, or Preble counties shall	49517
be added to the metropolitan statistical area peer group specified	49518
in those rules.	49519

(E) The department, in accordance with division (C) of	49520
section 5111.232 of the Revised Code and rules adopted under	49521
division (D) of that section, may assign case-mix scores or costs	49522
per case-mix unit if a provider fails to submit assessment data	49523
necessary to calculate a nursing facility's case-mix score in	49524
accordance with that section.	49525

~~Sec. 5111.231.~~ Sec. 5111.232. (A)(1) The department of job and	49526
family services shall determine case-mix scores for nursing	49527
facilities using data for each resident, regardless of payment	49528
source, from a resident assessment instrument specified in rules	49529
adopted ~~in accordance with Chapter 119.~~under section 5111.02 of	49530
the Revised Code pursuant to section 1919(e)(5) of the "Social	49531
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1396r(e)(5), as	49532
amended, and the case-mix values established by the United States	49533
department of health and human services. Except as modified in	49534
rules ~~adopted under~~authorized by division (A)(1)(c) of this	49535
section, the department also shall use the grouper methodology	49536
used on June 30, 1999, by the United States department of health	49537
and human services for prospective payment of skilled nursing	49538
facilities under the medicare program established by Title XVIII	49539
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	49540
301, as amended. The director of job and family services may adopt	49541
rules ~~in accordance with Chapter 119.~~under section 5111.02 of the	49542
Revised Code that do any of the following:	49543

(a) Adjust the case-mix values to reflect changes in relative	49544
wage differentials that are specific to this state;	49545

(b) Express all of the case-mix values in numeric terms that	49546
are different from the terms specified by the United States	49547
department of health and human services but that do not alter the	49548
relationship of the case-mix values to one another;	49549

49550

(i) Establish a different hierarchy for assigning residents	49551
to case-mix categories under the methodology;	49552

(ii) Prohibit the use of the index maximizer element of the	49553
methodology;	49554

(iii) Incorporate changes to the methodology the United	49555
States department of health and human services makes after June	49556
30, 1999;	49557

~~(iv) Make other changes the nursing facility reimbursement~~	49558
~~study council established by section 5111.34 of the Revised Code~~	49559
~~approves~~.	49560

(2) The department shall determine case-mix scores for	49561
intermediate care facilities for the mentally retarded using data	49562
for each resident, regardless of payment source, from a resident	49563
assessment instrument and grouper methodology prescribed in rules	49564
adopted ~~in accordance with Chapter 119.~~under section 5111.02 of	49565
the Revised Code and expressed in case-mix values established by	49566
the department in those rules.	49567

(B) ~~Not later than fifteen days after the end of each~~Each	49568
calendar quarter, each ~~nursing facility and intermediate care~~	49569
~~facility for the mentally retarded~~provider shall ~~submit to the~~	49570
~~department the~~compile complete assessment data, from the resident	49571
assessment instrument specified in rules ~~adopted under~~authorized	49572
by division (A) of this section, for each resident of each of the	49573
provider's facilities, regardless of payment source, who was in	49574
the facility or on hospital or therapeutic leave from the facility	49575
on the last day of the quarter. Providers of a nursing facility	49576
shall submit the data to the department of health and, if required	49577
by rules, the department of job and family services. Providers of	49578
an intermediate care facility for the mentally retarded shall	49579
submit the data to the department of job and family services. The	49580
data shall be submitted not later than fifteen days after the end	49581
of the calendar quarter for which the data is compiled.	49582

Except as provided in division (C) of this section, the	49583
department, after the end of each calendar year and pursuant to	49584
procedures specified in rules adopted ~~in accordance with Chapter~~	49585
~~119.~~under section 5111.02 of the Revised Code, shall calculate an	49586
annual average case-mix score for each nursing facility and	49587
intermediate care facility for the mentally retarded using the	49588
facility's quarterly case-mix scores for that calendar year.	49589

(C)(1) If a ~~facility~~provider does not timely submit	49590
information for a calendar quarter necessary to calculate ~~its~~a	49591
facility's case-mix score, or submits incomplete or inaccurate	49592
information for a calendar quarter, the department may assign the	49593
facility a quarterly average case-mix score that is five per cent	49594
less than the facility's quarterly average case-mix score for the	49595
preceding calendar quarter. If the facility was subject to an	49596
exception review under division (C) of section 5111.27 of the	49597
Revised Code for the preceding calendar quarter, the department	49598
may assign a quarterly average case-mix score that is five per	49599
cent less than the score determined by the exception review. If	49600
the facility was assigned a quarterly average case-mix score for	49601
the preceding quarter, the department may assign a quarterly	49602
average case-mix score that is five per cent less than that score	49603
assigned for the preceding quarter.	49604

The department may use a quarterly average case-mix score	49605
assigned under division (C)(1) of this section, instead of a	49606
quarterly average case-mix score calculated based on the	49607
~~facility's~~provider's submitted information, to calculate the	49608
facility's rate for direct care costs being established under	49609
section 5111.23 or 5111.231 of the Revised Code for one or more	49610
months, as specified in rules ~~adopted under~~authorized by division	49611
(D) of this section, of the quarter for which the rate established	49612
under section 5111.23 or 5111.231 of the Revised Code will be	49613
paid.	49614

Before taking action under division (C)(1) of this section,	49615
the department shall permit the ~~facility~~provider a reasonable	49616
period of time, specified in rules ~~adopted under~~authorized by	49617
division (D) of this section, to correct the information. In the	49618
case of an intermediate care facility for the mentally retarded,	49619
the department shall not assign a quarterly average case-mix score	49620
due to late submission of corrections to assessment information	49621
unless the ~~facility~~provider fails to submit corrected information	49622
prior to the eighty-first day after the end of the calendar	49623
quarter to which the information pertains. In the case of a	49624
nursing facility, the department shall not assign a quarterly	49625
average case-mix score due to late submission of corrections to	49626
assessment information unless the ~~facility~~provider fails to	49627
submit corrected information prior to the earlier of the	49628
eighty-first day after the end of the calendar quarter to which	49629
the information pertains or the deadline for submission of such	49630
corrections established by regulations adopted by the United	49631
States department of health and human services under Titles XVIII	49632
and XIX of the Social Security Act.	49633

(2) If a ~~facility~~provider is paid a rate for a facility	49634
calculated using a quarterly average case-mix score assigned under	49635
division (C)(1) of this section for more than six months in a	49636
calendar year, the department may assign the facility a cost per	49637
case-mix unit that is five per cent less than the facility's	49638
actual or assigned cost per case-mix unit for the preceding	49639
calendar year. The department may use the assigned cost per	49640
case-mix unit, instead of calculating the facility's actual cost	49641
per case-mix unit in accordance with section 5111.23 or 5111.231	49642
of the Revised Code, to establish the facility's rate for direct	49643
care costs for the following fiscal year.	49644

(3) The department shall take action under division (C)(1) or	49645
(2) of this section only in accordance with rules ~~adopted under~~	49646
authorized by division (D) of this section. The department shall	49647
not take an action that affects rates for prior payment periods	49648
except in accordance with sections 5111.27 and 5111.28 of the	49649
Revised Code.	49650

(D) The director ~~may~~shall adopt rules ~~in accordance with~~	49651
~~Chapter 119.~~under section 5111.02 of the Revised Code that do ~~any~~	49652
all of the following:	49653

(1) Specify whether providers of a nursing facility must	49654
submit the assessment data to the department of job and family	49655
services;	49656

(2) Specify the medium or media through which the completed	49657
assessment ~~information~~data shall be submitted;	49658

~~(2)~~(3) Establish procedures under which the ~~department will~~	49659
~~review~~ assessment ~~information~~data shall be reviewed for accuracy	49660
and ~~notify the facility~~providers shall be notified of any	49661
~~information~~data that requires correction;	49662

~~(3)~~(4) Establish procedures for ~~facilities~~providers to	49663
correct assessment ~~information. The procedures may prohibit an~~	49664
~~intermediate care facility for the mentally retarded from~~	49665
~~submitting corrected assessment information, for the purpose of~~	49666
~~calculating its annual average case-mix score, more than two~~	49667
~~calendar quarters after the end of the quarter to which the~~	49668
~~information pertains or, if the information pertains to the~~	49669
~~quarter ending the thirty-first day of December, after the~~	49670
~~thirty-first day of the following March~~data and specify a	49671
reasonable period of time by which providers shall submit the	49672
corrections. The procedures may limit the content of corrections	49673
by providers of nursing facilities in the manner required by	49674
regulations adopted by the United States department of health and	49675
human services under Titles XVIII and XIX of the Social Security	49676
Act ~~and prohibit a nursing facility from submitting corrected~~	49677
~~assessment information, for the purpose of calculating its annual~~	49678
~~average case-mix score, more than the earlier of the following:~~	49679

~~(a) Two calendar quarters after the end of the quarter to~~	49680
~~which the information pertains or, if the information pertains to~~	49681
~~the quarter ending the thirty-first day of December, after the~~	49682
~~thirty-first day of the following March;~~	49683

~~(b) The deadline for submission of such corrections~~	49684
~~established by regulations adopted by the United States department~~	49685
~~of health and human services under Titles XVIII and XIX of the~~	49686
~~Social Security Act~~.	49687

~~(4)~~(5) Specify when and how the department will assign	49688
case-mix scores or costs per case-mix unit under division (C) of	49689
this section if information necessary to calculate the facility's	49690
average annual or quarterly case-mix score is not provided or	49691
corrected in accordance with the procedures established by the	49692
rules. Notwithstanding any other provision of sections 5111.20 to	49693
~~5111.32~~5111.33 of the Revised Code, the rules also may provide	49694
for exclusion of case-mix scores assigned under division (C) of	49695
this section from calculation of the facility's annual average	49696
case-mix score and the maximum cost per case-mix unit for the	49697
facility's peer group.	49698

Sec. 5111.234. (A) As used in this section, "deficiency" and	49699
"standard survey" have the same meanings as in section 5111.35 of	49700
the Revised Code.	49701

(B) Each year, the department of job and family services	49702
shall pay each nursing facility placed in the first, second, and	49703
third quality tier groups established under division (C) of this	49704
section a quality incentive payment. Nursing facilities placed in	49705
the first group shall receive the highest payment. Nursing	49706
facilities placed in the second group shall receive the second	49707
highest payment. Nursing facilities placed in the third group	49708
shall receive the third highest payment. Nursing facilities placed	49709
in the fourth group shall receive no payment. The mean payment,	49710
weighted by medicaid days, shall be two per cent of the average	49711
rate for all nursing facilities calculated under sections 5111.20	49712
to 5111.33 of the Revised Code, excluding this section. Nursing	49713
facilities placed in the fourth group shall be included for the	49714
purpose of determining the mean payment.	49715

(C) Each year, the department shall establish four quality	49716
tier groups. Each group shall consist of one quarter of all	49717
nursing facilities participating in the medicaid program. The	49718
first group shall consist of the quarter of nursing facilities	49719
individually awarded the most number of points under division (D)	49720
of this section. The second group shall consist of the quarter of	49721
nursing facilities individually awarded the second most number of	49722
points under division (D) of this section. The third group shall	49723
consist of the quarter of nursing facilities individually awarded	49724
the third most number of points under division (D) of this	49725
section. The fourth group shall consist of the quarter of nursing	49726
facilities individually awarded the least number of points under	49727
division (D) of this section.	49728

(D) Each year, the department shall award each nursing	49729
facility participating in the medicaid program one point for each	49730
of the following accountability measures the facility meets:	49731

(1) The facility had no health deficiencies on the facility's	49732
most recent standard survey.	49733

(2) The facility had no health deficiencies with a scope and	49734
severity level greater than E, as determined under nursing	49735
facility certification standards established under Title XIX, on	49736
the facility's most recent standard survey.	49737

(3) The facility's resident satisfaction is above the	49738
statewide average.	49739

(4) The facility's family satisfaction is above the statewide	49740
average.	49741

(5) The number of hours the facility employs nurses is above	49742
the statewide average.	49743

(6) The facility's employee retention rate is above the	49744
average for the facility's peer group specified in division (D) of	49745
section 5111.231 of the Revised Code.	49746

(7) The facility's occupancy rate is above the statewide	49747
average.	49748

(8) The facility's medicaid utilization rate is above the	49749
statewide average.	49750

(9) The facility's case-mix score is above the statewide	49751
average.	49752

(E) The director of job and family services shall adopt rules	49753
under section 5111.02 of the Revised Code as necessary to	49754
implement this section. The rules shall include rules establishing	49755
the system for awarding points under division (D) of this section.	49756

Sec. 5111.235. The department of job and family services	49757
shall pay a provider for each of the provider's eligible ~~nursing~~	49758
~~facility and~~ intermediate care ~~facility~~facilities for the	49759
mentally retarded a per resident per day rate for other protected	49760
costs established prospectively each fiscal year for each	49761
facility. The rate for each facility shall be the facility's	49762
desk-reviewed, actual, allowable, per diem other protected costs	49763
from the calendar year preceding the fiscal year in which the rate	49764
will be paid, all adjusted~~, except for franchise permit fees paid~~	49765
~~under section 3721.53 of the Revised Code,~~ for the estimated	49766
inflation rate for the eighteen-month period beginning on the	49767
first day of July of the calendar year preceding the fiscal year	49768
in which the rate will be paid and ending on the thirty-first day	49769
of December of that fiscal year. The department shall estimate	49770
inflation using the consumer price index for all urban consumers	49771
for nonprescription drugs and medical supplies, as published by	49772
the United States bureau of labor statistics. If the estimated	49773
inflation rate for the eighteen-month period is different from the	49774
actual inflation rate for that period, the difference shall be	49775
added to or subtracted from the inflation rate estimated for the	49776
following year.	49777

Sec. 5111.24. (A) The department of job and family services	49778
shall pay a provider for each of the provider's eligible nursing	49779
~~facility~~facilities a per resident per day rate for ~~indirect care~~	49780
ancillary and support costs established prospectively each fiscal	49781
year for each ~~facility~~peer group of nursing facilities specified	49782
in division (E) of this section. The rate shall be based on the	49783
prices for nursing facility's ancillary and support costs. The	49784
rate for each ~~nursing facility~~peer group shall be the ~~sum of the~~	49785
~~following, but shall not exceed the maximum rate established for~~	49786
~~the facility's peer group under division (B) of this section:~~	49787

~~(1) The facility's desk-reviewed, actual, allowable, per diem~~	49788
~~indirect care costs from the calendar year preceding the fiscal~~	49789
~~year in which the rate will be paid, adjusted for the inflation~~	49790
~~rate estimated under division (C)(1) of this section;~~	49791

~~(2) An efficiency incentive in the following amount:~~

49792

~~(a) For fiscal years ending in even-numbered calendar years,~~	49793
~~the difference between the maximum rate established for the~~	49794
~~facility's peer group under division (B) of this section and the~~	49795
~~median, actual, allowable, per diem indirect care costs for the~~	49796
~~facility's peer group;~~	49797

~~(b) For fiscal years ending in odd-numbered calendar years,~~	49798
~~the amount calculated for the preceding fiscal year under division~~	49799
~~(A)(2)(a) of this section.~~	49800

~~(B) The maximum rate for indirect care costs for each peer~~	49801
~~group of nursing facilities specified in rules adopted under~~	49802
~~division (D) of this section shall be determined as follows:~~	49803

~~(1) For fiscal years that end in even-numbered calendar~~	49804
~~years, the maximum rate for each peer group shall be the rate~~	49805
amount that is ~~twelve and one-half~~eight per cent above the	49806
desk-reviewed, actual, allowable, per diem ~~indirect care~~ancillary	49807
and support cost of the facility in the peer group that has the	49808
group's median medicaid inpatient day for ~~the~~ calendar year	49809
~~preceding the fiscal year in which the rate will be paid~~2005,	49810
adjusted annually by the inflation rate estimated under division	49811
~~(C)~~(D)(1) of this section. In determining the ~~maximum~~ rate for	49812
each peer group, the department shall ~~exclude~~do both of the	49813
following:	49814

(1) Use the greater of each nursing facility's actual	49815
inpatient days for calendar year 2005 or the inpatient days the	49816
facility would have had for calendar year 2005 if its occupancy	49817
rate had been ninety per cent;	49818

(2) Exclude from its calculations both of the following:

49819

(a) Facilities in the group that participated in the ~~medical~~	49820
~~assistance~~medicaid program under the same ~~operator~~provider for	49821
less than twelve months in ~~the~~ calendar year ~~preceding the fiscal~~	49822
~~year in which the rate will be paid~~2005;	49823

(b) Facilities in the group whose ~~indirect care~~ancillary and	49824
support costs are more than ~~three~~one standard ~~deviations~~	49825
deviation from the mean desk-reviewed, actual, allowable, per diem	49826
~~indirect care~~ancillary and support cost for all nursing	49827
facilities in the group for ~~the~~ calendar year ~~preceding the fiscal~~	49828
~~year in which the rate will be paid~~2005.	49829

~~(2) For fiscal years that end in odd-numbered calendar~~(B)	49830
Beginning in fiscal year 2010 and every three years thereafter,	49831
the ~~maximum rate~~department shall recalculate the rate for	49832
ancillary and support costs for each peer group ~~is the group's~~	49833
~~maximum rate for the previous fiscal year, adjusted for the~~	49834
~~inflation rate estimated under division (C)(2) of this section~~.	49835
The rate shall be calculated as under division (A) of this	49836
section, except that references to calendar year 2005 in that	49837
division shall be deemed to be references to the calendar year	49838
preceding the fiscal year for which the rate will be paid.	49839

~~(3)~~(C) The department shall not recalculate a ~~maximum~~ rate	49840
for ~~indirect care~~ancillary and support costs under division (A)	49841
or (B)~~(1) or (2)~~ of this section based on additional information	49842
that it receives after the ~~maximum~~ rate is set. The department	49843
shall recalculate the ~~maximum~~ rate for ~~indirect care~~ancillary and	49844
support costs only if it made an error in computing the ~~maximum~~	49845
rate based on the information available at the time of the	49846
original calculation.	49847

~~(C)(1) When adjusting rates for inflation under divisions (A)~~	49848
~~and (B)(1) of this section, the department shall estimate the rate~~	49849
~~of inflation for the eighteen-month period beginning on the first~~	49850
~~day of July of the calendar year preceding the fiscal year in~~	49851
~~which the rate will be paid and ending on the thirty-first day of~~	49852
~~December of the fiscal year in which the rate will be paid, using~~	49853
~~the consumer price index for all items for all urban consumers for~~	49854
~~the north central region, published by the United States bureau of~~	49855
~~labor statistics.~~	49856

~~(2)~~(D)(1) When annually adjusting rates for inflation under	49857
~~division (B)(2) of~~ this section, the department shall estimate the	49858
rate of inflation for the twelve-month period beginning on the	49859
first day of January preceding the fiscal year in which the rate	49860
will be paid and ending on the thirty-first day of December of the	49861
fiscal year in which the rate will be paid, using the consumer	49862
price index for ~~all items for all urban consumers~~nursing homes	49863
for the north central region, published by the United States	49864
bureau of labor statistics.	49865

~~(3)~~(2) If an inflation rate estimated under division	49866
~~(C)~~(D)(1) ~~or (2)~~ of this section is different from the actual	49867
inflation rate for the relevant time period, as measured using the	49868
same index, the difference shall be added to or subtracted from	49869
the inflation rate estimated for the same purpose pursuant to this	49870
division for the following fiscal year.	49871

~~(D)~~(E) The director of job and family services shall ~~adopt~~	49872
~~rules in accordance with Chapter 119. of the Revised Code that~~	49873
~~specify~~use peer groups of nursing facilities ~~based on findings of~~	49874
~~significant per diem indirect care cost differences due to~~	49875
~~geography and facility bed-size. The rules also may specify peer~~	49876
~~groups based on findings of significant per diem indirect care~~	49877
~~cost differences due to other factors~~for the purpose of this	49878
section that are the same as the peer groups specified in rules	49879
that were authorized by this section as this section existed on	49880
the day before the effective date of this amendment and were in	49881
effect on January 1, 2004, except that nursing facilities located	49882
in Ottawa, Erie, Morrow, Union, or Preble counties shall be added	49883
to the metropolitan statistical area peer group specified in those	49884
rules.	49885

Sec. 5111.241. (A) The department of job and family services	49886
shall pay a provider for each of the provider's eligible	49887
intermediate care ~~facility~~facilities for the mentally retarded a	49888
per resident per day rate for indirect care costs established	49889
prospectively each fiscal year for each facility. The rate for	49890
each intermediate care facility for the mentally retarded shall be	49891
the sum of the following, but shall not exceed the maximum rate	49892
established for the facility's peer group under division (B) of	49893
this section:	49894

(1) The facility's desk-reviewed, actual, allowable, per diem	49895
indirect care costs from the calendar year preceding the fiscal	49896
year in which the rate will be paid, adjusted for the inflation	49897
rate estimated under division (C)(1) of this section;	49898

(2) An efficiency incentive in the following amount:

49899

(a) For fiscal years ending in even-numbered calendar years:

49900

(i) In the case of intermediate care facilities for the	49901
mentally retarded with more than eight beds, seven and one-tenth	49902
per cent of the maximum rate established for the facility's peer	49903
group under division (B) of this section;	49904

(ii) In the case of intermediate care facilities for the	49905
mentally retarded with eight or fewer beds, seven per cent of the	49906
maximum rate established for the facility's peer group under	49907
division (B) of this section;	49908

(b) For fiscal years ending in odd-numbered calendar years,	49909
the amount calculated for the preceding fiscal year under division	49910
(A)(2)(a) of this section.	49911

(B)(1) The maximum rate for indirect care costs for each peer	49912
group of intermediate care facilities for the mentally retarded	49913
with more than eight beds specified in rules adopted under	49914
division (D) of this section shall be determined as follows:	49915

(a) For fiscal years ending in even-numbered calendar years,	49916
the maximum rate for each peer group shall be the rate that is no	49917
less than twelve and four-tenths per cent above the median	49918
desk-reviewed, actual, allowable, per diem indirect care cost for	49919
all intermediate care facilities for the mentally retarded with	49920
more than eight beds in the group, excluding facilities in the	49921
group whose indirect care costs for that period are more than	49922
three standard deviations from the mean desk-reviewed, actual,	49923
allowable, per diem indirect care cost for all intermediate care	49924
facilities for the mentally retarded with more than eight beds,	49925
for the calendar year preceding the fiscal year in which the rate	49926
will be paid, adjusted by the inflation rate estimated under	49927
division (C)(1) of this section.	49928

(b) For fiscal years ending in odd-numbered calendar years,	49929
the maximum rate for each peer group is the group's maximum rate	49930
for the previous fiscal year, adjusted for the inflation rate	49931
estimated under division (C)(2) of this section.	49932

(2) The maximum rate for indirect care costs for each peer	49933
group of intermediate care facilities for the mentally retarded	49934
with eight or fewer beds specified in rules adopted under division	49935
(D) of this section shall be determined as follows:	49936

(a) For fiscal years ending in even-numbered calendar years,	49937
the maximum rate for each peer group shall be the rate that is no	49938
less than ten and three-tenths per cent above the median	49939
desk-reviewed, actual, allowable, per diem indirect care cost for	49940
all intermediate care facilities for the mentally retarded with	49941
eight or fewer beds in the group, excluding facilities in the	49942
group whose indirect care costs are more than three standard	49943
deviations from the mean desk-reviewed, actual, allowable, per	49944
diem indirect care cost for all intermediate care facilities for	49945
the mentally retarded with eight or fewer beds, for the calendar	49946
year preceding the fiscal year in which the rate will be paid,	49947
adjusted by the inflation rate estimated under division (C)(1) of	49948
this section.	49949

(b) For fiscal years that end in odd-numbered calendar years,	49950
the maximum rate for each peer group is the group's maximum rate	49951
for the previous fiscal year, adjusted for the inflation rate	49952
estimated under division (C)(2) of this section.	49953

(3) The department shall not recalculate a maximum rate for	49954
indirect care costs under division (B)(1) or (2) of this section	49955
based on additional information that it receives after the maximum	49956
rate is set. The department shall recalculate the maximum rate for	49957
indirect care costs only if it made an error in computing the	49958
maximum rate based on the information available at the time of the	49959
original calculation.	49960

(C)(1) When adjusting rates for inflation under divisions	49961
(A)(1), (B)(1)(a), and (B)(2)(a) of this section, the department	49962
shall estimate the rate of inflation for the eighteen-month period	49963
beginning on the first day of July of the calendar year preceding	49964
the fiscal year in which the rate will be paid and ending on the	49965
thirty-first day of December of the fiscal year in which the rate	49966
will be paid, using the consumer price index for all items for all	49967
urban consumers for the north central region, published by the	49968
United States bureau of labor statistics.	49969

(2) When adjusting rates for inflation under divisions	49970
(B)(1)(b) and (B)(2)(b) of this section, the department shall	49971
estimate the rate of inflation for the twelve-month period	49972
beginning on the first day of January of the fiscal year preceding	49973
the fiscal year in which the rate will be paid and ending on the	49974
thirty-first day of December of the fiscal year in which the rate	49975
will be paid, using the consumer price index for all items for all	49976
urban consumers for the north central region, published by the	49977
United States bureau of labor statistics.	49978

(3) If an inflation rate estimated under division (C)(1) or	49979
(2) of this section is different from the actual inflation rate	49980
for the relevant time period, as measured using the same index,	49981
the difference shall be added to or subtracted from the inflation	49982
rate estimated pursuant to this division for the following fiscal	49983
year.	49984

(D) The director of job and family services shall adopt rules	49985
~~in accordance with Chapter 119.~~under section 5111.02 of the	49986
Revised Code that specify peer groups of intermediate care	49987
facilities for the mentally retarded with more than eight beds,	49988
and peer groups of intermediate care facilities for the mentally	49989
retarded with eight or fewer beds, based on findings of	49990
significant per diem indirect care cost differences due to	49991
geography and facility bed-size. The rules also may specify peer	49992
groups based on findings of significant per diem indirect care	49993
cost differences due to other factors, including case-mix.	49994

Sec. 5111.242. The department of job and family services	49995
shall pay each eligible nursing facility a per resident per day	49996
rate equal to the desk-reviewed, actual, allowable taxes imposed	49997
under Chapter 5751. of the Revised Code, real estate taxes,	49998
personal property taxes, and corporate franchise taxes the nursing	49999
facility paid during the calendar year preceding the fiscal year	50000
for which the payment is made divided by the number of inpatient	50001
days the facility would have had had its occupancy rate been one	50002
hundred per cent during that calendar year.	50003

Sec. 5111.25. (A) The department of job and family services	50004
shall pay a provider for each of the provider's eligible nursing	50005
~~facility~~facilities a per resident per day rate for its reasonable	50006
capital costs established prospectively each fiscal year for each	50007
facility. Except as otherwise provided in sections 5111.20 to	50008
~~5111.32~~5111.33 of the Revised Code, the rate shall be based on	50009
the facility's capital costs for the calendar year preceding the	50010
fiscal year in which the rate will be paid. The rate shall equal	50011
the sum of divisions (A)(1) ~~to (3)~~and (2) of this section:	50012

(1) The lesser of the following:

50013

(a) ~~Eighty-eight and sixty-five one-hundredths~~Ninety-five	50014
per cent of the facility's desk-reviewed, actual, allowable, per	50015
diem ~~cost of ownership and eighty-five per cent of the facility's~~	50016
~~actual, allowable, per diem cost of nonextensive renovation~~	50017
~~determined under division (F) of this section~~capital costs;	50018

(b) ~~Eighty-eight and sixty-five one-hundredths per cent of~~	50019
~~the~~The following limitation:	50020

(i) For ~~the~~ fiscal ~~year beginning July 1, 1993~~years 2007 and	50021
2008, ~~sixteen~~twenty dollars and two cents per resident day;	50022

(ii) ~~For the fiscal year beginning July 1, 1994, sixteen~~	50023
~~dollars per resident day, adjusted to reflect the rate of~~	50024
~~inflation for the twelve-month period beginning July 1, 1992, and~~	50025
~~ending June 30, 1993, using the consumer price index for shelter~~	50026
~~costs for all urban consumers for the north central region,~~	50027
~~published by the United States bureau of labor statistics;~~	50028

~~(iii)~~ For subsequent fiscal years, the limitation in effect	50029
during the previous fiscal year, adjusted to reflect the rate of	50030
inflation for the twelve-month period beginning on the first day	50031
of July for the calendar year preceding the calendar year that	50032
precedes the fiscal year and ending on the following thirtieth day	50033
of June, using the consumer price index for shelter costs for all	50034
urban consumers for the north central region, published by the	50035
United States bureau of labor statistics.	50036

(2) Any efficiency incentive determined under division (D) of	50037
this section;	50038

~~(3) Any amounts for return on equity determined under~~	50039
~~division (H) of this section~~.	50040

Buildings shall be depreciated using the straight line method	50041
over forty years or over a different period approved by the	50042
department. Components and equipment shall be depreciated using	50043
the straight-line method over a period designated in rules adopted	50044
~~by the director of job and family services in accordance with~~	50045
~~Chapter 119.~~under section 5111.02 of the Revised Code, consistent	50046
with the guidelines of the American hospital association, or over	50047
a different period approved by the department. Any rules ~~adopted~~	50048
~~under~~authorized by this division that specify useful lives of	50049
buildings, components, or equipment apply only to assets acquired	50050
on or after July 1, 1993. Depreciation for costs paid or	50051
reimbursed by any government agency shall not be included in ~~cost~~	50052
~~of ownership or renovation~~capital costs unless that part of the	50053
payment under sections 5111.20 to ~~5111.32~~5111.33 of the Revised	50054
Code is used to reimburse the government agency.	50055

(B) The capital cost basis of nursing facility assets shall	50056
be determined in the following manner:	50057

(1) ~~For purposes of calculating the rate to be paid for the~~	50058
~~fiscal year beginning July 1, 1993, for facilities with dates of~~	50059
~~licensure on or before June 30, 1993, the capital cost basis shall~~	50060
~~be equal to the following:~~	50061

~~(a) For facilities that have not had a change of ownership~~	50062
~~during the period beginning January 1, 1993, and ending June 30,~~	50063
~~1993, the desk-reviewed, actual, allowable capital cost basis that~~	50064
~~is listed on the facility's cost report for the cost reporting~~	50065
~~period ending December 31, 1992, plus the actual, allowable~~	50066
~~capital cost basis of any assets constructed or acquired after~~	50067
~~December 31, 1992, but before July 1, 1993, if the aggregate~~	50068
~~capital costs of those assets would increase the facility's rate~~	50069
~~for capital costs by twenty or more cents per resident per day.~~	50070

~~(b) For facilities that have a date of licensure or had a~~	50071
~~change of ownership during the period beginning January 1, 1993,~~	50072
~~and ending June 30, 1993, the actual, allowable capital cost basis~~	50073
~~of the person or government entity that owns the facility on June~~	50074
~~30, 1993.~~	50075

~~Capital cost basis shall be calculated as provided in~~	50076
~~division (B)(1) of this section subject to approval by the United~~	50077
~~States health care financing administration of any necessary~~	50078
~~amendment to the state plan for providing medical assistance.~~	50079

~~The department shall include the actual, allowable capital~~	50080
~~cost basis of assets constructed or acquired during the period~~	50081
~~beginning January 1, 1993, and ending June 30, 1993, in the~~	50082
~~calculation for the facility's rate effective July 1, 1993, if the~~	50083
~~aggregate capital costs of the assets would increase the~~	50084
~~facility's rate by twenty or more cents per resident per day and~~	50085
~~the facility provides the department with sufficient documentation~~	50086
~~of the costs before June 1, 1993. If the facility provides the~~	50087
~~documentation after that date, the department shall adjust the~~	50088
~~facility's rate to reflect the costs of the assets one month after~~	50089
~~the first day of the month after the department receives the~~	50090
~~documentation.~~	50091

~~(2)~~ Except as provided in division (B)~~(4)~~(3) of this section,	50092
for purposes of calculating the rates to be paid for ~~fiscal years~~	50093
~~beginning after June 30, 1994, for~~ facilities with dates of	50094
licensure on or before June 30, 1993, the capital cost basis of	50095
each asset shall be equal to the desk-reviewed, actual, allowable,	50096
capital cost basis that is listed on the facility's cost report	50097
for the calendar year preceding the fiscal year during which the	50098
rate will be paid.	50099

~~(3)~~(2) For facilities with dates of licensure after June 30,	50100
1993, the capital cost basis shall be determined in accordance	50101
with the principles of the medicare program established under	50102
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	50103
U.S.C.A. 301, as amended, except as otherwise provided in sections	50104
5111.20 to ~~5111.32~~5111.33 of the Revised Code.	50105

~~(4)~~(3) Except as provided in division (B)~~(5)~~(4) of this	50106
section, if a provider transfers an interest in a facility to	50107
another provider after June 30, 1993, there shall be no increase	50108
in the capital cost basis of the asset if the providers are	50109
related parties or the provider to which the interest is	50110
transferred authorizes the provider that transferred the interest	50111
to continue to operate the facility under a lease, management	50112
agreement, or other arrangement. If the ~~providers are not related~~	50113
~~parties or if they are related parties and division (B)(5) of this~~	50114
~~section requires~~previous sentence does not prohibit the	50115
adjustment of the capital cost basis under this division, the	50116
basis of the asset shall be adjusted by the lesser of the	50117
following:	50118

(a) One-half of the change in construction costs during the	50119
time that the transferor held the asset, as calculated by the	50120
department of job and family services using the "Dodge building	50121
cost indexes, northeastern and north central states," published by	50122
Marshall and Swift;	50123

(b) One-half of the change in the consumer price index for	50124
all items for all urban consumers, as published by the United	50125
States bureau of labor statistics, during the time that the	50126
transferor held the asset.	50127

~~(5)~~(4) If a provider transfers an interest in a facility to	50128
another provider who is a related party, the capital cost basis of	50129
the asset shall be adjusted as specified in division (B)~~(4)~~(3) of	50130
this section ~~for a transfer to a provider that is not a related~~	50131
~~party~~ if all of the following conditions are met:	50132

(a) The related party is a relative of owner;

50133

(b) Except as provided in division (B)~~(5)~~(4)(c)(ii) of this	50134
section, the provider making the transfer retains no ownership	50135
interest in the facility;	50136

(c) The department of job and family services determines that	50137
the transfer is an arm's length transaction pursuant to rules ~~the~~	50138
~~department shall adopt in accordance with Chapter 119.~~adopted	50139
under section 5111.02 of the Revised Code ~~no later than December~~	50140
~~31, 2000~~. The rules shall provide that a transfer is an arm's	50141
length transaction if all of the following apply:	50142

(i) Once the transfer goes into effect, the provider that	50143
made the transfer has no direct or indirect interest in the	50144
provider that acquires the facility or the facility itself,	50145
including interest as an owner, officer, director, employee,	50146
independent contractor, or consultant, but excluding interest as a	50147
creditor.	50148

(ii) The provider that made the transfer does not reacquire	50149
an interest in the facility except through the exercise of a	50150
creditor's rights in the event of a default. If the provider	50151
reacquires an interest in the facility in this manner, the	50152
department shall treat the facility as if the transfer never	50153
occurred when the department calculates its reimbursement rates	50154
for capital costs.	50155

(iii) The transfer satisfies any other criteria specified in	50156
the rules.	50157

(d) Except in the case of hardship caused by a catastrophic	50158
event, as determined by the department, or in the case of a	50159
provider making the transfer who is at least sixty-five years of	50160
age, not less than twenty years have elapsed since, for the same	50161
facility, the capital cost basis was adjusted most recently under	50162
division (B)~~(5)~~(4) of this section or actual, allowable cost of	50163
ownership was determined most recently under division (C)(9) of	50164
this section.	50165

50166

"Imputed interest" means the lesser of the prime rate plus	50167
two per cent or ten per cent.	50168

"Lease expense" means lease payments in the case of an	50169
operating lease and depreciation expense and interest expense in	50170
the case of a capital lease. ~~As used in this division, "new~~	50171

"New lease" means a lease, to a different lessee, of a	50172
nursing facility that previously was operated under a lease.	50173

(1) Subject to the limitation specified in division (A)(1) of	50174
this section, for a lease of a facility that was effective on May	50175
27, 1992, the entire lease expense is an actual, allowable capital	50176
cost ~~of ownership~~ during the term of the existing lease. The	50177
entire lease expense also is an actual, allowable capital cost of	50178
~~ownership~~ if a lease in existence on May 27, 1992, is renewed	50179
under either of the following circumstances:	50180

(a) The renewal is pursuant to a renewal option that was in	50181
existence on May 27, 1992;	50182

(b) The renewal is for the same lease payment amount and	50183
between the same parties as the lease in existence on May 27,	50184
1992.	50185

(2) Subject to the limitation specified in division (A)(1) of	50186
this section, for a lease of a facility that was in existence but	50187
not operated under a lease on May 27, 1992, actual, allowable ~~cost~~	50188
~~of ownership~~capital costs shall include the lesser of the annual	50189
lease expense or the annual depreciation expense and imputed	50190
interest expense that would be calculated at the inception of the	50191
lease using the lessor's entire historical capital asset cost	50192
basis, adjusted by the lesser of the following amounts:	50193

(a) One-half of the change in construction costs during the	50194
time the lessor held each asset until the beginning of the lease,	50195
as calculated by the department using the "Dodge building cost	50196
indexes, northeastern and north central states," published by	50197
Marshall and Swift;	50198

(b) One-half of the change in the consumer price index for	50199
all items for all urban consumers, as published by the United	50200
States bureau of labor statistics, during the time the lessor held	50201
each asset until the beginning of the lease.	50202

(3) Subject to the limitation specified in division (A)(1) of	50203
this section, for a lease of a facility with a date of licensure	50204
on or after May 27, 1992, that is initially operated under a	50205
lease, actual, allowable ~~cost of ownership~~capital costs shall	50206
include the annual lease expense if there was a substantial	50207
commitment of money for construction of the facility after	50208
December 22, 1992, and before July 1, 1993. If there was not a	50209
substantial commitment of money after December 22, 1992, and	50210
before July 1, 1993, actual, allowable ~~cost of ownership~~capital	50211
costs shall include the lesser of the annual lease expense or the	50212
sum of the following:	50213

(a) The annual depreciation expense that would be calculated	50214
at the inception of the lease using the lessor's entire historical	50215
capital asset cost basis;	50216

(b) The greater of the lessor's actual annual amortization of	50217
financing costs and interest expense at the inception of the lease	50218
or the imputed interest expense calculated at the inception of the	50219
lease using seventy per cent of the lessor's historical capital	50220
asset cost basis.	50221

(4) Subject to the limitation specified in division (A)(1) of	50222
this section, for a lease of a facility with a date of licensure	50223
on or after May 27, 1992, that was not initially operated under a	50224
lease and has been in existence for ten years, actual, allowable	50225
~~cost of ownership~~capital costs shall include the lesser of the	50226
annual lease expense or the annual depreciation expense and	50227
imputed interest expense that would be calculated at the inception	50228
of the lease using the entire historical capital asset cost basis	50229
of the lessor, adjusted by the lesser of the following:	50230

(a) One-half of the change in construction costs during the	50231
time the lessor held each asset until the beginning of the lease,	50232
as calculated by the department using the "Dodge building cost	50233
indexes, northeastern and north central states," published by	50234
Marshall and Swift;	50235

(b) One-half of the change in the consumer price index for	50236
all items for all urban consumers, as published by the United	50237
States bureau of labor statistics, during the time the lessor held	50238
each asset until the beginning of the lease.	50239

(5) Subject to the limitation specified in division (A)(1) of	50240
this section, for a new lease of a facility that was operated	50241
under a lease on May 27, 1992, actual, allowable ~~cost of ownership~~	50242
capital costs shall include the lesser of the annual new lease	50243
expense or the annual old lease payment. If the old lease was in	50244
effect for ten years or longer, the old lease payment from the	50245
beginning of the old lease shall be adjusted by the lesser of the	50246
following:	50247

(a) One-half of the change in construction costs from the	50248
beginning of the old lease to the beginning of the new lease, as	50249
calculated by the department using the "Dodge building cost	50250
indexes, northeastern and north central states," published by	50251
Marshall and Swift;	50252

(b) One-half of the change in the consumer price index for	50253
all items for all urban consumers, as published by the United	50254
States bureau of labor statistics, from the beginning of the old	50255
lease to the beginning of the new lease.	50256

(6) Subject to the limitation specified in division (A)(1) of	50257
this section, for a new lease of a facility that was not in	50258
existence or that was in existence but not operated under a lease	50259
on May 27, 1992, actual, allowable ~~cost of ownership~~capital costs	50260
shall include the lesser of annual new lease expense or the annual	50261
amount calculated for the old lease under division (C)(2), (3),	50262
(4), or (6) of this section, as applicable. If the old lease was	50263
in effect for ten years or longer, the lessor's historical capital	50264
asset cost basis shall be adjusted by the lesser of the following	50265
for purposes of calculating the annual amount under division	50266
(C)(2), (3), (4), or (6) of this section:	50267

(a) One-half of the change in construction costs from the	50268
beginning of the old lease to the beginning of the new lease, as	50269
calculated by the department using the "Dodge building cost	50270
indexes, northeastern and north central states," published by	50271
Marshall and Swift;	50272

(b) One-half of the change in the consumer price index for	50273
all items for all urban consumers, as published by the United	50274
States bureau of labor statistics, from the beginning of the old	50275
lease to the beginning of the new lease.	50276

In the case of a lease under division (C)(3) of this section	50277
of a facility for which a substantial commitment of money was made	50278
after December 22, 1992, and before July 1, 1993, the old lease	50279
payment shall be adjusted for the purpose of determining the	50280
annual amount.	50281

(7) For any revision of a lease described in division (C)(1),	50282
(2), (3), (4), (5), or (6) of this section, or for any subsequent	50283
lease of a facility operated under such a lease, other than	50284
execution of a new lease, the portion of actual, allowable ~~cost of~~	50285
~~ownership~~capital costs attributable to the lease shall be the	50286
same as before the revision or subsequent lease.	50287

(8) Except as provided in division (C)(9) of this section, if	50288
a provider leases an interest in a facility to another provider	50289
who is a related party or previously operated the facility, the	50290
related party's or previous operator's actual, allowable ~~cost of~~	50291
~~ownership~~capital costs shall include the lesser of the annual	50292
lease expense or the reasonable cost to the lessor.	50293

(9) If a provider leases an interest in a facility to another	50294
provider who is a related party, regardless of the date of the	50295
lease, the related party's actual, allowable ~~cost of ownership~~	50296
capital costs shall include the annual lease expense, subject to	50297
the limitations specified in divisions (C)(1) to (7) of this	50298
section, if all of the following conditions are met:	50299

(a) The related party is a relative of owner;

50300

(b) If the lessor retains an ownership interest, it is,	50301
except as provided in division (C)(9)(c)(ii) of this section, in	50302
only the real property and any improvements on the real property;	50303

(c) The department of job and family services determines that	50304
the lease is an arm's length transaction pursuant to rules ~~the~~	50305
~~department shall adopt in accordance with Chapter 119.~~adopted	50306
under section 5111.02 of the Revised Code ~~no later than December~~	50307
~~31, 2000~~. The rules shall provide that a lease is an arm's length	50308
transaction if all of the following apply:	50309

(i) Once the lease goes into effect, the lessor has no direct	50310
or indirect interest in the lessee or, except as provided in	50311
division (C)(9)(b) of this section, the facility itself, including	50312
interest as an owner, officer, director, employee, independent	50313
contractor, or consultant, but excluding interest as a lessor.	50314

(ii) The lessor does not reacquire an interest in the	50315
facility except through the exercise of a lessor's rights in the	50316
event of a default. If the lessor reacquires an interest in the	50317
facility in this manner, the department shall treat the facility	50318
as if the lease never occurred when the department calculates its	50319
reimbursement rates for capital costs.	50320

(iii) The lease satisfies any other criteria specified in the	50321
rules.	50322

(d) Except in the case of hardship caused by a catastrophic	50323
event, as determined by the department, or in the case of a lessor	50324
who is at least sixty-five years of age, not less than twenty	50325
years have elapsed since, for the same facility, the capital cost	50326
basis was adjusted most recently under division (B)(5) of this	50327
section or actual, allowable ~~cost of ownership was~~capital costs	50328
were determined most recently under division (C)(9) of this	50329
section.	50330

(10) This division does not apply to leases of specific items	50331
of equipment.	50332

(D)(1) Subject to division (D)(2) of this section, the	50333
department shall pay a provider for each of the provider's	50334
eligible nursing ~~facility~~facilities an efficiency incentive that	50335
is equal to fifty per cent of the difference between the	50336
following:	50337

(a) ~~Eighty-eight and sixty-five one-hundredths~~Ninety-five	50338
per cent of the facility's desk-reviewed, actual, allowable, per	50339
diem ~~cost of ownership~~capital costs;	50340

(b) ~~The applicable amount specified in division (E) of this~~	50341
~~section~~Ten dollars per resident per day.	50342

(2) The efficiency incentive paid to a nursing facility shall	50343
not exceed ~~the greater of the following:~~	50344

~~(a) The efficiency incentive the facility was paid during the~~	50345
~~fiscal year ending June 30, 1994;~~	50346

~~(b) Three~~two dollars and fifty cents per resident per day,	50347
~~adjusted annually for rates paid beginning July 1, 1994, for the~~	50348
~~inflation rate for the twelve-month period beginning on the first~~	50349
~~day of July of the calendar year preceding the calendar year that~~	50350
~~precedes the fiscal year for which the efficiency incentive is~~	50351
~~determined and ending on the thirtieth day of the following June,~~	50352
~~using the consumer price index for shelter costs for all urban~~	50353
~~consumers for the north central region, as published by the United~~	50354
~~States bureau of labor statistics~~.	50355

~~(3) For purposes of calculating the efficiency incentive,~~	50356
~~depreciation for costs that are paid or reimbursed by any~~	50357
~~government agency shall be considered as costs of ownership, and~~	50358
~~renovation costs that are paid under division (F) of this section~~	50359
~~shall not be considered costs of ownership.~~	50360

~~(E) The following amounts shall be used to calculate~~	50361
~~efficiency incentives for nursing facilities under this section:~~	50362

~~(1) For facilities with dates of licensure prior to January~~	50363
~~1, 1958, four dollars and twenty-four cents per patient day;~~	50364

~~(2) For facilities with dates of licensure after December 31,~~	50365
~~1957, but prior to January 1, 1968:~~	50366

~~(a) Five dollars and twenty-four cents per patient day if the~~	50367
~~cost of construction was three thousand five hundred dollars or~~	50368
~~more per bed;~~	50369

~~(b) Four dollars and twenty-four cents per patient day if the~~	50370
~~cost of construction was less than three thousand five hundred~~	50371
~~dollars per bed.~~	50372

~~(3) For facilities with dates of licensure after December 31,~~	50373
~~1967, but prior to January 1, 1976:~~	50374

~~(a) Six dollars and twenty-four cents per patient day if the~~	50375
~~cost of construction was five thousand one hundred fifty dollars~~	50376
~~or more per bed;~~	50377

~~(b) Five dollars and twenty-four cents per patient day if the~~	50378
~~cost of construction was less than five thousand one hundred fifty~~	50379
~~dollars per bed, but exceeded three thousand five hundred dollars~~	50380
~~per bed;~~	50381

~~(c) Four dollars and twenty-four cents per patient day if the~~	50382
~~cost of construction was three thousand five hundred dollars or~~	50383
~~less per bed.~~	50384

~~(4) For facilities with dates of licensure after December 31,~~	50385
~~1975, but prior to January 1, 1979:~~	50386

~~(a) Seven dollars and twenty-four cents per patient day if~~	50387
~~the cost of construction was six thousand eight hundred dollars or~~	50388
~~more per bed;~~	50389

~~(b) Six dollars and twenty-four cents per patient day if the~~	50390
~~cost of construction was less than six thousand eight hundred~~	50391
~~dollars per bed but exceeded five thousand one hundred fifty~~	50392
~~dollars per bed;~~	50393

~~(c) Five dollars and twenty-four cents per patient day if the~~	50394
~~cost of construction was five thousand one hundred fifty dollars~~	50395
~~or less per bed, but exceeded three thousand five hundred dollars~~	50396
~~per bed;~~	50397

~~(d) Four dollars and twenty-four cents per patient day if the~~	50398
~~cost of construction was three thousand five hundred dollars or~~	50399
~~less per bed.~~	50400

~~(5) For facilities with dates of licensure after December 31,~~	50401
~~1978, but prior to January 1, 1981:~~	50402

~~(a) Seven dollars and seventy-four cents per patient day if~~	50403
~~the cost of construction was seven thousand six hundred~~	50404
~~twenty-five dollars or more per bed;~~	50405

~~(b) Seven dollars and twenty-four cents per patient day if~~	50406
~~the cost of construction was less than seven thousand six hundred~~	50407
~~twenty-five dollars per bed but exceeded six thousand eight~~	50408
~~hundred dollars per bed;~~	50409

~~(c) Six dollars and twenty-four cents per patient day if the~~	50410
~~cost of construction was six thousand eight hundred dollars or~~	50411
~~less per bed but exceeded five thousand one hundred fifty dollars~~	50412
~~per bed;~~	50413

~~(d) Five dollars and twenty-four cents per patient day if the~~	50414
~~cost of construction was five thousand one hundred fifty dollars~~	50415
~~or less but exceeded three thousand five hundred dollars per bed;~~	50416

~~(e) Four dollars and twenty-four cents per patient day if the~~	50417
~~cost of construction was three thousand five hundred dollars or~~	50418
~~less per bed.~~	50419

~~(6) For facilities with dates of licensure in 1981 or any~~	50420
~~year thereafter prior to December 22, 1992, the following amount:~~	50421

~~(a) For facilities with construction costs less than seven~~	50422
~~thousand six hundred twenty-five dollars per bed, the applicable~~	50423
~~amounts for the construction costs specified in divisions~~	50424
~~(E)(5)(b) to (e) of this section;~~	50425

~~(b) For facilities with construction costs of seven thousand~~	50426
~~six hundred twenty-five dollars or more per bed, six dollars per~~	50427
~~patient day, provided that for 1981 and annually thereafter prior~~	50428
~~to December 22, 1992, department shall do both of the following to~~	50429
~~the six-dollar amount:~~	50430

~~(i) Adjust the amount for fluctuations in construction costs~~	50431
~~calculated by the department using the "Dodge building cost~~	50432
~~indexes, northeastern and north central states," published by~~	50433
~~Marshall and Swift, using 1980 as the base year;~~	50434

~~(ii) Increase the amount, as adjusted for inflation under~~	50435
~~division (E)(6)(b)(i) of this section, by one dollar and~~	50436
~~seventy-four cents.~~	50437

~~(7) For facilities with dates of licensure on or after~~	50438
~~January 1, 1992, seven dollars and ninety-seven cents, adjusted~~	50439
~~for fluctuations in construction costs between 1991 and 1993 as~~	50440
~~calculated by the department using the "Dodge building cost~~	50441
~~indexes, northeastern and north central states," published by~~	50442
~~Marshall and Swift, and then increased by one dollar and~~	50443
~~seventy-four cents.~~	50444

~~For the fiscal year that begins July 1, 1994, each of the~~	50445
~~amounts listed in divisions (E)(1) to (7) of this section shall be~~	50446
~~increased by twenty-five cents. For the fiscal year that begins~~	50447
~~July 1, 1995, each of those amounts shall be increased by an~~	50448
~~additional twenty-five cents. For subsequent fiscal years, each of~~	50449
~~those amounts, as increased for the prior fiscal year, shall be~~	50450
~~adjusted to reflect the rate of inflation for the twelve-month~~	50451
~~period beginning on the first day of July of the calendar year~~	50452
~~preceding the calendar year that precedes the fiscal year and~~	50453
~~ending on the following thirtieth day of June, using the consumer~~	50454
~~price index for shelter costs for all urban consumers for the~~	50455
~~north central region, as published by the United States bureau of~~	50456
~~labor statistics.~~	50457

~~If the amount established for a nursing facility under this~~	50458
~~division is less than the amount that applied to the facility~~	50459
~~under division (B) of former section 5111.25 of the Revised Code,~~	50460
~~as the former section existed immediately prior to December 22,~~	50461
~~1992, the amount used to calculate the efficiency incentive for~~	50462
~~the facility under division (D)(2) of this section shall be the~~	50463
~~amount that was calculated under division (B) of the former~~	50464
~~section.~~	50465

~~(F) Beginning July 1, 1993, regardless of the facility's date~~	50466
~~of licensure or the date of the nonextensive renovations, the rate~~	50467
~~for the costs of nonextensive renovations for nursing facilities~~	50468
~~shall be eighty-five per cent of the desk-reviewed, actual,~~	50469
~~allowable, per diem, nonextensive renovation costs. This division~~	50470
~~applies to nonextensive renovations regardless of whether they are~~	50471
~~made by an owner or a lessee. If the tenancy of a lessee that has~~	50472
~~made nonextensive renovations ends before the depreciation expense~~	50473
~~for the renovation costs has been fully reported, the former~~	50474
~~lessee shall not report the undepreciated balance as an expense.~~	50475

~~(1) For a nonextensive renovation made after July 1, 1993, to~~	50476
~~qualify for payment under this division, both of the following~~	50477
~~conditions must be met:~~	50478

~~(a) At least five years have elapsed since the date of~~	50479
~~licensure of the portion of the facility that is proposed to be~~	50480
~~renovated, except that this condition does not apply if the~~	50481
~~renovation is necessary to meet the requirements of federal,~~	50482
~~state, or local statutes, ordinances, rules, or policies.~~	50483

~~(b) The provider has obtained prior approval from the~~	50484
~~department of job and family services, and if required the~~	50485
~~director of health has granted a certificate of need for the~~	50486
~~renovation under section 3702.52 of the Revised Code. The provider~~	50487
~~shall submit a plan that describes in detail the changes in~~	50488
~~capital assets to be accomplished by means of the renovation and~~	50489
~~the timetable for completing the project. The time for completion~~	50490
~~of the project shall be no more than eighteen months after the~~	50491
~~renovation begins. The department of job and family services shall~~	50492
~~adopt rules in accordance with Chapter 119. of the Revised Code~~	50493
~~that specify criteria and procedures for prior approval of~~	50494
~~renovation projects. No provider shall separate a project with the~~	50495
~~intent to evade the characterization of the project as a~~	50496
~~renovation or as an extensive renovation. No provider shall~~	50497
~~increase the scope of a project after it is approved by the~~	50498
~~department of job and family services unless the increase in scope~~	50499
~~is approved by the department.~~	50500

~~(2) The payment provided for in this division is the only~~	50501
~~payment that shall be made for the costs of a nonextensive~~	50502
~~renovation. Nonextensive renovation costs shall not be included in~~	50503
~~costs of ownership, and a nonextensive renovation shall not affect~~	50504
~~the date of licensure for purposes of calculating the efficiency~~	50505
~~incentive under divisions (D) and (E) of this section.~~	50506

~~(G) The owner~~(E) A provider of a nursing facility ~~operating~~	50507
~~under a provider agreement~~ shall provide written notice to the	50508
department of job and family services at least forty-five days	50509
prior to entering into any contract of sale for the facility or	50510
voluntarily terminating participation in the ~~medical assistance~~	50511
medicaid program. After the date on which a transaction of sale is	50512
closed, the ~~owner~~provider shall refund to the department the	50513
amount of excess depreciation paid to the provider for the	50514
facility by the department for each year the ~~owner~~provider has	50515
operated the facility under a provider agreement and prorated	50516
according to the number of medicaid patient days for which the	50517
~~facility~~provider has received payment for the facility. If a	50518
nursing facility is sold after five or fewer years of operation	50519
under a provider agreement, the refund to the department shall be	50520
equal to the excess depreciation paid to the provider for the	50521
facility. If a nursing facility is sold after more than five years	50522
but less than ten years of operation under a provider agreement,	50523
the refund to the department shall equal the excess depreciation	50524
paid to the provider for the facility multiplied by twenty per	50525
cent, multiplied by the difference between ten and the number of	50526
years that the facility was operated under a provider agreement.	50527
If a nursing facility is sold after ten or more years of operation	50528
under a provider agreement, the ~~owner~~provider shall not refund	50529
any excess depreciation to the department. The ~~owner~~provider of a	50530
facility that is sold or that voluntarily terminates participation	50531
in the ~~medical assistance~~medicaid program also shall refund any	50532
other amount that the department properly finds to be due after	50533
the audit conducted under this division. For the purposes of this	50534
division, "depreciation paid to the provider for the facility"	50535
means the amount paid to the provider for the nursing facility for	50536
~~cost of ownership~~capital costs pursuant to this section less any	50537
amount paid for interest costs, amortization of financing costs,	50538
and lease expenses. For the purposes of this division, "excess	50539
depreciation" is the nursing facility's depreciated basis, which	50540
is the ~~owner's~~provider's cost less accumulated depreciation,	50541
subtracted from the purchase price net of selling costs but not	50542
exceeding the amount of depreciation paid to the provider for the	50543
facility.	50544

A cost report shall be filed with the department within	50545
ninety days after the date on which the transaction of sale is	50546
closed or participation is voluntarily terminated. The report	50547
shall show the accumulated depreciation, the sales price, and	50548
other information required by the department. The department shall	50549
provide for a bank, trust company, or savings and loan association	50550
to hold in escrow the amount of the last two monthly payments to a	50551
provider of a nursing facility made pursuant to division (A)(1) of	50552
section 5111.22 of the Revised Code before a sale or termination	50553
of participation or, if the ~~owner~~provider fails, within the time	50554
required by this division, to notify the department before	50555
entering into a contract of sale for the facility, the amount of	50556
the first two monthly payments made to the provider for the	50557
facility after the department learns of the contract, regardless	50558
of whether a new owner is in possession of the facility. If the	50559
amount the ~~owner~~provider will be required to refund under this	50560
section is likely to be less than the amount of the two monthly	50561
payments otherwise put into escrow under this division, the	50562
department shall take one of the following actions instead of	50563
withholding the amount of the two monthly payments:	50564

(1) In the case of ~~an owner~~a provider that owns other	50565
facilities that participate in the ~~medical assistance~~medicaid	50566
program, obtain a promissory note in an amount sufficient to cover	50567
the amount likely to be refunded;	50568

(2) In the case of all other ~~owners~~providers, withhold the	50569
amount of the last monthly payment to the provider for the nursing	50570
facility or, if the ~~owner~~provider fails, within the time required	50571
by this division, to notify the department before entering into a	50572
contract of sale for the facility, the amount of the first monthly	50573
payment made to the provider for the facility after the department	50574
learns of the contract, regardless of whether a new owner is in	50575
possession of the facility.	50576

The department shall, within ninety days following the filing	50577
of the cost report, audit the cost report and issue an audit	50578
report to the ~~owner~~provider. The department also may audit any	50579
other cost report that the ~~facility~~provider has filed during the	50580
previous three years for the facility. In the audit report, the	50581
department shall state its findings and the amount of any money	50582
owed to the department by the ~~nursing facility~~provider. The	50583
findings shall be subject to adjudication conducted in accordance	50584
with Chapter 119. of the Revised Code. No later than fifteen days	50585
after the ~~owner~~provider agrees to a settlement, any funds held in	50586
escrow less any amounts due to the department shall be released to	50587
the ~~owner~~provider and amounts due to the department shall be paid	50588
to the department. If the amounts in escrow are less than the	50589
amounts due to the department, the balance shall be paid to the	50590
department within fifteen days after the ~~owner~~provider agrees to	50591
a settlement. If the department does not issue its audit report	50592
within the ninety-day period, the department shall release any	50593
money held in escrow to the ~~owner~~provider. For the purposes of	50594
this section, a transfer of corporate stock, the merger of one	50595
corporation into another, or a consolidation does not constitute a	50596
sale. Also, a change of ownership, lease, or termination of a	50597
lease of real or personal property associated with a nursing	50598
facility does not constitute a sale if there is no change in the	50599
operator of the facility.	50600

If a nursing facility is not sold or its participation is not	50601
terminated after notice is provided to the department under this	50602
division, the department shall order any payments held in escrow	50603
released to the ~~facility~~provider upon receiving written notice	50604
from the ~~owner~~provider that there will be no sale or termination.	50605
After written notice is received from a ~~nursing facility~~provider	50606
that a sale or termination will not take place, the ~~facility~~	50607
provider shall provide notice to the department at least	50608
forty-five days prior to entering into any contract of sale or	50609
terminating participation at any future time.	50610

~~(H) The department shall pay each eligible proprietary~~	50611
~~nursing facility a return on the facility's net equity computed at~~	50612
~~the rate of one and one-half times the average interest rate on~~	50613
~~special issues of public debt obligations issued to the federal~~	50614
~~hospital insurance trust fund for the cost reporting period,~~	50615
~~except that no facility's return on net equity shall exceed fifty~~	50616
~~cents per patient day.~~	50617

~~When calculating the rate for return on net equity, the~~	50618
~~department shall use the greater of the facility's inpatient days~~	50619
~~during the applicable cost reporting period or the number of~~	50620
~~inpatient days the facility would have had during that period if~~	50621
~~its occupancy rate had been ninety-five per cent.~~	50622

~~(I) If a nursing facility would receive a lower rate for~~	50623
~~capital costs for assets in the facility's possession on July 1,~~	50624
~~1993, under this section than it would receive under former~~	50625
~~section 5111.25 of the Revised Code, as the former section existed~~	50626
~~immediately prior to December 22, 1992, the facility shall receive~~	50627
~~for those assets the rate it would have received under the former~~	50628
~~section for each fiscal year beginning on or after July 1, 1993,~~	50629
~~until the rate it would receive under this section exceeds the~~	50630
~~rate it would have received under the former section. Any facility~~	50631
~~that receives a rate calculated under the former section 5111.25~~	50632
~~of the Revised Code for assets in the facility's possession on~~	50633
~~July 1, 1993, also shall receive a rate calculated under this~~	50634
~~section for costs of any assets it constructs or acquires after~~	50635
~~July 1, 1993.~~	50636

Sec. 5111.251. (A) The department of job and family services	50637
shall pay a provider for each of the provider's eligible	50638
intermediate care ~~facility~~facilities for the mentally retarded	50639
for its reasonable capital costs, a per resident per day rate	50640
established prospectively each fiscal year for each intermediate	50641
care facility for the mentally retarded. Except as otherwise	50642
provided in sections 5111.20 to ~~5111.32~~5111.33 of the Revised	50643
Code, the rate shall be based on the facility's capital costs for	50644
the calendar year preceding the fiscal year in which the rate will	50645
be paid. The rate shall equal the sum of the following:	50646

(1) The facility's desk-reviewed, actual, allowable, per diem	50647
cost of ownership for the preceding cost reporting period, limited	50648
as provided in divisions (C) and (F) of this section;	50649

(2) Any efficiency incentive determined under division (B) of	50650
this section;	50651

(3) Any amounts for renovations determined under division (D)	50652
of this section;	50653

(4) Any amounts for return on equity determined under	50654
division (I) of this section.	50655

Buildings shall be depreciated using the straight line method	50656
over forty years or over a different period approved by the	50657
department. Components and equipment shall be depreciated using	50658
the straight line method over a period designated by the director	50659
of job and family services in rules adopted ~~in accordance with~~	50660
~~Chapter 119.~~under section 5111.02 of the Revised Code, consistent	50661
with the guidelines of the American hospital association, or over	50662
a different period approved by the department of job and family	50663
services. Any rules ~~adopted under~~authorized by this division that	50664
specify useful lives of buildings, components, or equipment apply	50665
only to assets acquired on or after July 1, 1993. Depreciation for	50666
costs paid or reimbursed by any government agency shall not be	50667
included in costs of ownership or renovation unless that part of	50668
the payment under sections 5111.20 to ~~5111.32~~5111.33 of the	50669
Revised Code is used to reimburse the government agency.	50670

(B) The department of job and family services shall pay to a	50671
provider for each of the provider's eligible intermediate care	50672
~~facility~~facilities for the mentally retarded an efficiency	50673
incentive equal to fifty per cent of the difference between any	50674
desk-reviewed, actual, allowable cost of ownership and the	50675
applicable limit on cost of ownership payments under division (C)	50676
of this section. For purposes of computing the efficiency	50677
incentive, depreciation for costs paid or reimbursed by any	50678
government agency shall be considered as a cost of ownership, and	50679
the applicable limit under division (C) of this section shall	50680
apply both to facilities with more than eight beds and facilities	50681
with eight or fewer beds. The efficiency incentive paid to a	50682
provider for a facility with eight or fewer beds shall not exceed	50683
three dollars per patient day, adjusted annually for the inflation	50684
rate for the twelve-month period beginning on the first day of	50685
July of the calendar year preceding the calendar year that	50686
precedes the fiscal year for which the efficiency incentive is	50687
determined and ending on the thirtieth day of the following June,	50688
using the consumer price index for shelter costs for all urban	50689
consumers for the north central region, as published by the United	50690
States bureau of labor statistics.	50691

(C) Cost of ownership payments tofor intermediate care	50692
facilities for the mentally retarded with more than eight beds	50693
shall not exceed the following limits:	50694

(1) For facilities with dates of licensure prior to January	50695
1, l958, not exceeding two dollars and fifty cents per patient	50696
day;	50697

(2) For facilities with dates of licensure after December 31,	50698
l957, but prior to January 1, l968, not exceeding:	50699

(a) Three dollars and fifty cents per patient day if the cost	50700
of construction was three thousand five hundred dollars or more	50701
per bed;	50702

(b) Two dollars and fifty cents per patient day if the cost	50703
of construction was less than three thousand five hundred dollars	50704
per bed.	50705

(3) For facilities with dates of licensure after December 31,	50706
l967, but prior to January 1, l976, not exceeding:	50707

(a) Four dollars and fifty cents per patient day if the cost	50708
of construction was five thousand one hundred fifty dollars or	50709
more per bed;	50710

(b) Three dollars and fifty cents per patient day if the cost	50711
of construction was less than five thousand one hundred fifty	50712
dollars per bed, but exceeds three thousand five hundred dollars	50713
per bed;	50714

(c) Two dollars and fifty cents per patient day if the cost	50715
of construction was three thousand five hundred dollars or less	50716
per bed.	50717

(4) For facilities with dates of licensure after December 31,	50718
l975, but prior to January 1, l979, not exceeding:	50719

(a) Five dollars and fifty cents per patient day if the cost	50720
of construction was six thousand eight hundred dollars or more per	50721
bed;	50722

(b) Four dollars and fifty cents per patient day if the cost	50723
of construction was less than six thousand eight hundred dollars	50724
per bed but exceeds five thousand one hundred fifty dollars per	50725
bed;	50726

(c) Three dollars and fifty cents per patient day if the cost	50727
of construction was five thousand one hundred fifty dollars or	50728
less per bed, but exceeds three thousand five hundred dollars per	50729
bed;	50730

(d) Two dollars and fifty cents per patient day if the cost	50731
of construction was three thousand five hundred dollars or less	50732
per bed.	50733

(5) For facilities with dates of licensure after December 31,	50734
l978, but prior to January 1, l980, not exceeding:	50735

(a) Six dollars per patient day if the cost of construction	50736
was seven thousand six hundred twenty-five dollars or more per	50737
bed;	50738

(b) Five dollars and fifty cents per patient day if the cost	50739
of construction was less than seven thousand six hundred	50740
twenty-five dollars per bed but exceeds six thousand eight hundred	50741
dollars per bed;	50742

(c) Four dollars and fifty cents per patient day if the cost	50743
of construction was six thousand eight hundred dollars or less per	50744
bed but exceeds five thousand one hundred fifty dollars per bed;	50745

(d) Three dollars and fifty cents per patient day if the cost	50746
of construction was five thousand one hundred fifty dollars or	50747
less but exceeds three thousand five hundred dollars per bed;	50748

(e) Two dollars and fifty cents per patient day if the cost	50749
of construction was three thousand five hundred dollars or less	50750
per bed.	50751

(6) For facilities with dates of licensure after December 31,	50752
1979, but prior to January 1, 1981, not exceeding:	50753

(a) Twelve dollars per patient day if the beds were	50754
originally licensed as residential facility beds by the department	50755
of mental retardation and developmental disabilities;	50756

(b) Six dollars per patient day if the beds were originally	50757
licensed as nursing home beds by the department of health.	50758

(7) For facilities with dates of licensure after December 31,	50759
1980, but prior to January 1, 1982, not exceeding:	50760

(a) Twelve dollars per patient day if the beds were	50761
originally licensed as residential facility beds by the department	50762
of mental retardation and developmental disabilities;	50763

(b) Six dollars and forty-five cents per patient day if the	50764
beds were originally licensed as nursing home beds by the	50765
department of health.	50766

(8) For facilities with dates of licensure after December 31,	50767
1981, but prior to January 1, 1983, not exceeding:	50768

(a) Twelve dollars per patient day if the beds were	50769
originally licensed as residential facility beds by the department	50770
of mental retardation and developmental disabilities;	50771

(b) Six dollars and seventy-nine cents per patient day if the	50772
beds were originally licensed as nursing home beds by the	50773
department of health.	50774

(9) For facilities with dates of licensure after December 31,	50775
1982, but prior to January 1, 1984, not exceeding:	50776

(a) Twelve dollars per patient day if the beds were	50777
originally licensed as residential facility beds by the department	50778
of mental retardation and developmental disabilities;	50779

(b) Seven dollars and nine cents per patient day if the beds	50780
were originally licensed as nursing home beds by the department of	50781
health.	50782

(10) For facilities with dates of licensure after December	50783
31, 1983, but prior to January 1, 1985, not exceeding:	50784

(a) Twelve dollars and twenty-four cents per patient day if	50785
the beds were originally licensed as residential facility beds by	50786
the department of mental retardation and developmental	50787
disabilities;	50788

(b) Seven dollars and twenty-three cents per patient day if	50789
the beds were originally licensed as nursing home beds by the	50790
department of health.	50791

(11) For facilities with dates of licensure after December	50792
31, 1984, but prior to January 1, 1986, not exceeding:	50793

(a) Twelve dollars and fifty-three cents per patient day if	50794
the beds were originally licensed as residential facility beds by	50795
the department of mental retardation and developmental	50796
disabilities;	50797

(b) Seven dollars and forty cents per patient day if the beds	50798
were originally licensed as nursing home beds by the department of	50799
health.	50800

(12) For facilities with dates of licensure after December	50801
31, 1985, but prior to January 1, 1987, not exceeding:	50802

(a) Twelve dollars and seventy cents per patient day if the	50803
beds were originally licensed as residential facility beds by the	50804
department of mental retardation and developmental disabilities;	50805

(b) Seven dollars and fifty cents per patient day if the beds	50806
were originally licensed as nursing home beds by the department of	50807
health.	50808

(13) For facilities with dates of licensure after December	50809
31, 1986, but prior to January 1, 1988, not exceeding:	50810

(a) Twelve dollars and ninety-nine cents per patient day if	50811
the beds were originally licensed as residential facility beds by	50812
the department of mental retardation and developmental	50813
disabilities;	50814

(b) Seven dollars and sixty-seven cents per patient day if	50815
the beds were originally licensed as nursing home beds by the	50816
department of health.	50817

(14) For facilities with dates of licensure after December	50818
31, 1987, but prior to January 1, 1989, not exceeding thirteen	50819
dollars and twenty-six cents per patient day;	50820

(15) For facilities with dates of licensure after December	50821
31, 1988, but prior to January 1, 1990, not exceeding thirteen	50822
dollars and forty-six cents per patient day;	50823

(16) For facilities with dates of licensure after December	50824
31, 1989, but prior to January 1, 1991, not exceeding thirteen	50825
dollars and sixty cents per patient day;	50826

(17) For facilities with dates of licensure after December	50827
31, 1990, but prior to January 1, 1992, not exceeding thirteen	50828
dollars and forty-nine cents per patient day;	50829

(18) For facilities with dates of licensure after December	50830
31, 1991, but prior to January 1, 1993, not exceeding thirteen	50831
dollars and sixty-seven cents per patient day;	50832

(19) For facilities with dates of licensure after December	50833
31, 1992, not exceeding fourteen dollars and twenty-eight cents	50834
per patient day.	50835

(D) Beginning January 1, 1981, regardless of the original	50836
date of licensure, the department of job and family services shall	50837
pay a rate for the per diem capitalized costs of renovations to	50838
intermediate care facilities for the mentally retarded made after	50839
January 1, l981, not exceeding six dollars per patient day using	50840
1980 as the base year and adjusting the amount annually until June	50841
30, 1993, for fluctuations in construction costs calculated by the	50842
department using the "Dodge building cost indexes, northeastern	50843
and north central states," published by Marshall and Swift. The	50844
payment provided for in this division is the only payment that	50845
shall be made for the capitalized costs of a nonextensive	50846
renovation of an intermediate care facility for the mentally	50847
retarded. Nonextensive renovation costs shall not be included in	50848
cost of ownership, and a nonextensive renovation shall not affect	50849
the date of licensure for purposes of division (C) of this	50850
section. This division applies to nonextensive renovations	50851
regardless of whether they are made by an owner or a lessee. If	50852
the tenancy of a lessee that has made renovations ends before the	50853
depreciation expense for the renovation costs has been fully	50854
reported, the former lessee shall not report the undepreciated	50855
balance as an expense.	50856

For a nonextensive renovation to qualify for payment under	50857
this division, both of the following conditions must be met:	50858

(1) At least five years have elapsed since the date of	50859
licensure or date of an extensive renovation of the portion of the	50860
facility that is proposed to be renovated, except that this	50861
condition does not apply if the renovation is necessary to meet	50862
the requirements of federal, state, or local statutes, ordinances,	50863
rules, or policies.	50864

(2) The provider has obtained prior approval from the	50865
department of job and family services. The provider shall submit a	50866
plan that describes in detail the changes in capital assets to be	50867
accomplished by means of the renovation and the timetable for	50868
completing the project. The time for completion of the project	50869
shall be no more than eighteen months after the renovation begins.	50870
The director of job and family services shall adopt rules in	50871
~~accordance with Chapter 119.~~under section 5111.02 of the Revised	50872
Code that specify criteria and procedures for prior approval of	50873
renovation projects. No provider shall separate a project with the	50874
intent to evade the characterization of the project as a	50875
renovation or as an extensive renovation. No provider shall	50876
increase the scope of a project after it is approved by the	50877
department of job and family services unless the increase in scope	50878
is approved by the department.	50879

(E) The amounts specified in divisions (C) and (D) of this	50880
section shall be adjusted beginning July 1, 1993, for the	50881
estimated inflation for the twelve-month period beginning on the	50882
first day of July of the calendar year preceding the calendar year	50883
that precedes the fiscal year for which rate will be paid and	50884
ending on the thirtieth day of the following June, using the	50885
consumer price index for shelter costs for all urban consumers for	50886
the north central region, as published by the United States bureau	50887
of labor statistics.	50888

(F)(1) For facilities of eight or fewer beds that have dates	50889
of licensure or have been granted project authorization by the	50890
department of mental retardation and developmental disabilities	50891
before July 1, 1993, and for facilities of eight or fewer beds	50892
that have dates of licensure or have been granted project	50893
authorization after that date if the providers of the facilities	50894
demonstrate that they made substantial commitments of funds on or	50895
before that date, cost of ownership shall not exceed eighteen	50896
dollars and thirty cents per resident per day. The eighteen-dollar	50897
and thirty-cent amount shall be increased by the change in the	50898
"Dodge building cost indexes, northeastern and north central	50899
states," published by Marshall and Swift, during the period	50900
beginning June 30, 1990, and ending July 1, 1993, and by the	50901
change in the consumer price index for shelter costs for all urban	50902
consumers for the north central region, as published by the United	50903
States bureau of labor statistics, annually thereafter.	50904

(2) For facilities with eight or fewer beds that have dates	50905
of licensure or have been granted project authorization by the	50906
department of mental retardation and developmental disabilities on	50907
or after July 1, 1993, for which substantial commitments of funds	50908
were not made before that date, cost of ownership payments shall	50909
not exceed the applicable amount calculated under division (F)(1)	50910
of this section, if the department of job and family services	50911
gives prior approval for construction of the facility. If the	50912
department does not give prior approval, cost of ownership	50913
payments shall not exceed the amount specified in division (C) of	50914
this section.	50915

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	50916
section, the total payment for cost of ownership, cost of	50917
ownership efficiency incentive, and capitalized costs of	50918
renovations for an intermediate care facility for the mentally	50919
retarded with eight or fewer beds shall not exceed the sum of the	50920
limitations specified in divisions (C) and (D) of this section.	50921

(G) Notwithstanding any provision of this section or section	50922
5111.24 of the Revised Code, the director of job and family	50923
services may adopt rules ~~in accordance with Chapter 119.~~under	50924
section 5111.02 of the Revised Code that provide for a calculation	50925
of a combined maximum payment limit for indirect care costs and	50926
cost of ownership for intermediate care facilities for the	50927
mentally retarded with eight or fewer beds.	50928

(H) After June 30, 1980, the ~~owner~~provider of an	50929
intermediate care facility for the mentally retarded ~~operating~~	50930
~~under a provider agreement~~ shall provide written notice to the	50931
department of job and family services at least forty-five days	50932
prior to entering into any contract of sale for the facility or	50933
voluntarily terminating participation in the ~~medical assistance~~	50934
medicaid program. After the date on which a transaction of sale is	50935
closed, the ~~owner~~provider shall refund to the department the	50936
amount of excess depreciation paid to the provider for the	50937
facility by the department for each year the ~~owner~~provider has	50938
operated the facility under a provider agreement and prorated	50939
according to the number of medicaid patient days for which the	50940
~~facility~~provider has received payment for the facility. If an	50941
intermediate care facility for the mentally retarded is sold after	50942
five or fewer years of operation under a provider agreement, the	50943
refund to the department shall be equal to the excess depreciation	50944
paid to the provider for the facility. If an intermediate care	50945
facility for the mentally retarded is sold after more than five	50946
years but less than ten years of operation under a provider	50947
agreement, the refund to the department shall equal the excess	50948
depreciation paid to the provider for the facility multiplied by	50949
twenty per cent, multiplied by the number of years less than ten	50950
that a facility was operated under a provider agreement. If an	50951
intermediate care facility for the mentally retarded is sold after	50952
ten or more years of operation under a provider agreement, the	50953
~~owner~~provider shall not refund any excess depreciation to the	50954
department. For the purposes of this division, "depreciation paid	50955
to the provider for the facility" means the amount paid to the	50956
provider for the intermediate care facility for the mentally	50957
retarded for cost of ownership pursuant to this section less any	50958
amount paid for interest costs. For the purposes of this division,	50959
"excess depreciation" is the intermediate care facility for the	50960
mentally retarded's depreciated basis, which is the ~~owner's~~	50961
provider's cost less accumulated depreciation, subtracted from the	50962
purchase price but not exceeding the amount of depreciation paid	50963
to the provider for the facility.	50964

A cost report shall be filed with the department within	50965
ninety days after the date on which the transaction of sale is	50966
closed or participation is voluntarily terminated for an	50967
intermediate care facility for the mentally retarded subject to	50968
this division. The report shall show the accumulated depreciation,	50969
the sales price, and other information required by the department.	50970
The department shall provide for a bank, trust company, or savings	50971
and loan association to hold in escrow the amount of the last two	50972
monthly payments to the provider of an intermediate care facility	50973
for the mentally retarded made pursuant to division (A)(1) of	50974
section 5111.22 of the Revised Code before a sale or voluntary	50975
termination of participation or, if the ~~owner~~provider fails,	50976
within the time required by this division, to notify the	50977
department before entering into a contract of sale for the	50978
facility, the amount of the first two monthly payments made to the	50979
provider for the facility after the department learns of the	50980
contract, regardless of whether a new owner is in possession of	50981
the facility. If the amount the ~~owner~~provider will be required to	50982
refund under this section is likely to be less than the amount of	50983
the two monthly payments otherwise put into escrow under this	50984
division, the department shall take one of the following actions	50985
instead of withholding the amount of the two monthly payments:	50986

(1) In the case of ~~an owner~~a provider that owns other	50987
facilities that participate in the ~~medical assistance~~medicaid	50988
program, obtain a promissory note in an amount sufficient to cover	50989
the amount likely to be refunded;	50990

(2) In the case of all other ~~owners~~providers, withhold the	50991
amount of the last monthly payment to the provider for the	50992
intermediate care facility for the mentally retarded or, if the	50993
~~owner~~provider fails, within the time required by this division,	50994
to notify the department before entering into a contract of sale	50995
for the facility, the amount of the first monthly payment made to	50996
the provider for the facility after the department learns of the	50997
contract, regardless of whether a new owner is in possession of	50998
the facility.	50999

The department shall, within ninety days following the filing	51000
of the cost report, audit the report and issue an audit report to	51001
the ~~owner~~provider. The department also may audit any other cost	51002
reports for the facility that have been filed during the previous	51003
three years. In the audit report, the department shall state its	51004
findings and the amount of any money owed to the department by the	51005
~~intermediate care facility for the mentally retarded~~provider. The	51006
findings shall be subject to an adjudication conducted in	51007
accordance with Chapter 119. of the Revised Code. No later than	51008
fifteen days after the ~~owner~~provider agrees to a settlement, any	51009
funds held in escrow less any amounts due to the department shall	51010
be released to the ~~owner~~provider and amounts due to the	51011
department shall be paid to the department. If the amounts in	51012
escrow are less than the amounts due to the department, the	51013
balance shall be paid to the department within fifteen days after	51014
the ~~owner~~provider agrees to a settlement. If the department does	51015
not issue its audit report within the ninety-day period, the	51016
department shall release any money held in escrow to the ~~owner~~	51017
provider. For the purposes of this section, a transfer of	51018
corporate stock, the merger of one corporation into another, or a	51019
consolidation does not constitute a sale. Also, a change of	51020
ownership, lease, or termination of a lease of real or personal	51021
property associated with an intermediate care facility for the	51022
mentally retarded does not constitute a sale if there is no change	51023
in the operator of the facility.	51024

If an intermediate care facility for the mentally retarded is	51025
not sold or its participation is not terminated after notice is	51026
provided to the department under this division, the department	51027
shall order any payments held in escrow released to the ~~facility~~	51028
provider upon receiving written notice from the ~~owner~~provider	51029
that there will be no sale or termination of participation. After	51030
written notice is received from ~~an intermediate care facility for~~	51031
~~the mentally retarded~~a provider that a sale or termination of	51032
participation will not take place, the ~~facility~~provider shall	51033
provide notice to the department at least forty-five days prior to	51034
entering into any contract of sale or terminating participation at	51035
any future time.	51036

(I) The department of job and family services shall pay a	51037
provider for each of the provider's eligible proprietary	51038
intermediate care ~~facility~~facilities for the mentally retarded a	51039
return on the facility's net equity computed at the rate of one	51040
and one-half times the average of interest rates on special issues	51041
of public debt obligations issued to the federal hospital	51042
insurance trust fund for the cost reporting period. No facility's	51043
return on net equity paid under this division shall exceed one	51044
dollar per patient day.	51045

In calculating the rate for return on net equity, the	51046
department shall use the greater of the facility's inpatient days	51047
during the applicable cost reporting period or the number of	51048
inpatient days the facility would have had during that period if	51049
its occupancy rate had been ninety-five per cent.	51050

(J)(1) Except as provided in division (J)(2) of this section,	51051
if a provider leases or transfers an interest in a facility to	51052
another provider who is a related party, the related party's	51053
allowable cost of ownership shall include the lesser of the	51054
following:	51055

(a) The annual lease expense or actual cost of ownership,	51056
whichever is applicable;	51057

(b) The reasonable cost to the lessor or provider making the	51058
transfer.	51059

(2) If a provider leases or transfers an interest in a	51060
facility to another provider who is a related party, regardless of	51061
the date of the lease or transfer, the related party's allowable	51062
cost of ownership shall include the annual lease expense or actual	51063
cost of ownership, whichever is applicable, subject to the	51064
limitations specified in divisions (B) to (I) of this section, if	51065
all of the following conditions are met:	51066

(a) The related party is a relative of owner;

51067

(b) In the case of a lease, if the lessor retains any	51068
ownership interest, it is, except as provided in division	51069
(J)(2)(d)(ii) of this section, in only the real property and any	51070
improvements on the real property;	51071

(c) In the case of a transfer, the provider making the	51072
transfer retains, except as provided in division (J)(2)(d)(iv) of	51073
this section, no ownership interest in the facility;	51074

(d) The department of job and family services determines that	51075
the lease or transfer is an arm's length transaction pursuant to	51076
rules ~~the department shall adopt in accordance with Chapter 119.~~	51077
adopted under section 5111.02 of the Revised Code ~~no later than~~	51078
~~December 31, 2000~~. The rules shall provide that a lease or	51079
transfer is an arm's length transaction if all of the following,	51080
as applicable, apply:	51081

(i) In the case of a lease, once the lease goes into effect,	51082
the lessor has no direct or indirect interest in the lessee or,	51083
except as provided in division (J)(2)(b) of this section, the	51084
facility itself, including interest as an owner, officer,	51085
director, employee, independent contractor, or consultant, but	51086
excluding interest as a lessor.	51087

(ii) In the case of a lease, the lessor does not reacquire an	51088
interest in the facility except through the exercise of a lessor's	51089
rights in the event of a default. If the lessor reacquires an	51090
interest in the facility in this manner, the department shall	51091
treat the facility as if the lease never occurred when the	51092
department calculates its reimbursement rates for capital costs.	51093

(iii) In the case of a transfer, once the transfer goes into	51094
effect, the provider that made the transfer has no direct or	51095
indirect interest in the provider that acquires the facility or	51096
the facility itself, including interest as an owner, officer,	51097
director, employee, independent contractor, or consultant, but	51098
excluding interest as a creditor.	51099

(iv) In the case of a transfer, the provider that made the	51100
transfer does not reacquire an interest in the facility except	51101
through the exercise of a creditor's rights in the event of a	51102
default. If the provider reacquires an interest in the facility in	51103
this manner, the department shall treat the facility as if the	51104
transfer never occurred when the department calculates its	51105
reimbursement rates for capital costs.	51106

(v) The lease or transfer satisfies any other criteria	51107
specified in the rules.	51108

(e) Except in the case of hardship caused by a catastrophic	51109
event, as determined by the department, or in the case of a lessor	51110
or provider making the transfer who is at least sixty-five years	51111
of age, not less than twenty years have elapsed since, for the	51112
same facility, allowable cost of ownership was determined most	51113
recently under this division.	51114

Sec. 5111.254. (A) The department of job and family services	51115
shall establish initial rates for a nursing facility with a first	51116
date of licensure that is on or after July 1, 2007, including a	51117
facility that replaces one or more existing facilities, or for a	51118
nursing facility with a first date of licensure before that date	51119
that was initially certified for the medicaid program on or after	51120
that date, in the following manner:	51121

(1) The rate for direct care costs shall be determined as	51122
follows:	51123

(a) If there are no cost or resident assessment data as	51124
necessary to calculate a rate under section 5111.231 of the	51125
Revised Code, the rate shall be the median cost per case-mix unit	51126
calculated under division (B)(1) of that section for the relevant	51127
peer group for the calendar year preceding the fiscal year in	51128
which the rate will be paid, multiplied by the median annual	51129
average case-mix score for the peer group for that period and by	51130
the rate of inflation estimated under division (B)(3) of that	51131
section. This rate shall be recalculated to reflect the facility's	51132
actual quarterly average case-mix score, in accordance with that	51133
section, after it submits its first quarterly assessment data that	51134
qualifies for use in calculating a case-mix score in accordance	51135
with rules authorized by division (D) of section 5111.232 of the	51136
Revised Code. If the facility's first two quarterly submissions do	51137
not contain assessment data that qualifies for use in calculating	51138
a case-mix score, the department shall continue to calculate the	51139
rate using the median annual case-mix score for the peer group in	51140
lieu of an assigned quarterly case-mix score. The department shall	51141
assign a case-mix score or, if necessary, a cost per case-mix unit	51142
under division (C) of section 5111.232 of the Revised Code for any	51143
subsequent submissions that do not contain assessment data that	51144
qualifies for use in calculating a case-mix score.	51145

(b) If the facility is a replacement facility and the	51146
facility or facilities that are being replaced are in operation	51147
immediately before the replacement facility opens, the rate shall	51148
be the same as the rate for the replaced facility or facilities,	51149
proportionate to the number of beds in each replaced facility. If	51150
one or more of the replaced facilities is not in operation	51151
immediately before the replacement facility opens, its proportion	51152
shall be determined under division (A)(1)(a) of this section.	51153

(2) The rate for ancillary and support costs shall be the	51154
rate for the facility's peer group as specified in division (E) of	51155
section 5111.24 of the Revised Code.	51156

(3) The rate for capital costs shall be determined under	51157
section 5111.25 of the Revised Code using the greater of actual	51158
inpatient days or an imputed occupancy rate of eighty per cent.	51159

(4) The quality incentive payment shall be the mean payment	51160
specified in division (B) of section 5111.234 of the Revised Code.	51161

(5) The rate for taxes specified in section 5111.242 of the	51162
Revised Code shall be the median of the rate established for those	51163
taxes under that section for the facility's peer group as	51164
specified in division (E) of section 5111.24 of the Revised Code.	51165

(B) The department shall adjust the rates established under	51166
division (A) of this section at both of the following times:	51167

(1) Effective the first day of July, to reflect new rate	51168
calculations for all nursing facilities under sections 5111.20 to	51169
5111.33 of the Revised Code;	51170

(2) Following the provider's submission of the nursing	51171
facility's cost report under division (A)(1)(b) of section 5111.26	51172
of the Revised Code.	51173

The department shall pay the rate adjusted based on the cost	51174
report beginning the first day of the calendar quarter that begins	51175
more than ninety days after the department receives the cost	51176
report.	51177

Sec. 5111.255. (A) The department of job and family services	51178
shall establish initial rates for ~~a nursing facility or~~an	51179
intermediate care facility for the mentally retarded with a first	51180
date of licensure that is on or after January 1, 1993, including a	51181
facility that replaces one or more existing facilities, or for a	51182
~~nursing facility or~~an intermediate care facility for the mentally	51183
retarded with a first date of licensure before that date that was	51184
initially certified for the ~~medical assistance~~medicaid program on	51185
or after that date, in the following manner:	51186

(1) The rate for direct care costs shall be determined as	51187
follows:	51188

(a) If there are no cost or resident assessment data as	51189
necessary to calculate a rate under section 5111.23 of the Revised	51190
Code, the rate shall be the median cost per case-mix unit	51191
calculated under division (B)(1) of that section for the relevant	51192
peer group for the calendar year preceding the fiscal year in	51193
which the rate will be paid, multiplied by the median annual	51194
average case-mix score for the peer group for that period and by	51195
the rate of inflation estimated under division (B)~~(5)~~(3) of that	51196
section. This rate shall be recalculated to reflect the facility's	51197
actual quarterly average case-mix score, in accordance with that	51198
section, after it submits its first quarterly assessment	51199
~~information~~data that qualifies for use in calculating a case-mix	51200
score in accordance with rules ~~adopted under~~authorized by	51201
division (D) of section ~~5111.231~~5111.232 of the Revised Code. If	51202
the facility's first two quarterly submissions do not contain	51203
assessment ~~information~~data that qualifies for use in calculating	51204
a case-mix score, the department shall continue to calculate the	51205
rate using the median annual case-mix score for the peer group in	51206
lieu of an assigned quarterly case-mix score. The department shall	51207
assign a case-mix score or, if necessary, a cost per case-mix unit	51208
under division (C) of section ~~5111.231~~5111.232 of the Revised	51209
Code for any subsequent submissions that do not contain assessment	51210
~~information~~data that qualifies for use in calculating a case-mix	51211
score.	51212

(b) If the facility is a replacement facility and the	51213
facility or facilities that are being replaced are in operation	51214
immediately before the replacement facility opens, the rate shall	51215
be the same as the rate for the replaced facility or facilities,	51216
proportionate to the number of beds in each replaced facility. If	51217
one or more of the replaced facilities is not in operation	51218
immediately before the replacement facility opens, its proportion	51219
shall be determined under division (A)(1)(a) of this section.	51220

(2) The rate for other protected costs shall be one hundred	51221
fifteen per cent of the median rate for ~~the applicable type of~~	51222
~~facility~~intermediate care facilities for the mentally retarded	51223
calculated for the fiscal year under section 5111.235 of the	51224
Revised Code.	51225

(3) The rate for indirect care costs shall be the applicable	51226
maximum rate for the facility's peer group as specified in	51227
division (B) of section ~~5111.24 or division (B) of section~~	51228
5111.241 of the Revised Code.	51229

(4) The rate for capital costs shall be determined under	51230
section ~~5111.25 or~~ 5111.251 of the Revised Code using the greater	51231
of actual inpatient days or an imputed occupancy rate of eighty	51232
per cent.	51233

(B) The department shall adjust the rates established under	51234
division (A) of this section at both of the following times:	51235

(1) Effective the first day of July, to reflect new rate	51236
calculations for all facilities under sections ~~5111.23~~5111.20 to	51237
~~5111.25 and 5111.251~~5111.33 of the Revised Code;	51238

(2) Following the ~~facility's~~provider's submission of ~~its~~the	51239
facility's cost report under division (A)(1)(b) of section 5111.26	51240
of the Revised Code.	51241

The department shall pay the rate adjusted based on the cost	51242
report beginning the first day of the calendar quarter that begins	51243
more than ninety days after the department receives the cost	51244
report.	51245

Sec. 5111.256. (A) This section applies to a nursing	51246
facility that undergoes a change of provider that the department	51247
of job and family services determines, in accordance with rules	51248
adopted under section 5111.02 of the Revised Code, is an arm's	51249
length transaction.	51250

(B) Except as provided in division (C) of this section, the	51251
department of job and family services shall pay an eligible	51252
nursing facility that undergoes a change of provider the same rate	51253
as the facility received on the day before the change of provider.	51254

(C) The rate for capital costs for a nursing facility that	51255
undergoes a change of provider shall be determined under section	51256
5111.25 of the Revised Code using projected capital costs if the	51257
new provider provides the department the projected capital costs.	51258

(D) The department shall adjust the rates established under	51259
this section at both of the following times:	51260

(1) Effective the first day of July, to reflect new rate	51261
calculations for all nursing facilities under sections 5111.20 to	51262
5111.33 of the Revised Code;	51263

(2) Following the nursing facility's submission of its cost	51264
report under division (A)(1)(b) of section 5111.26 of the Revised	51265
Code.	51266

The department shall pay the rate adjusted based on the cost	51267
report beginning the first day of the calendar quarter that begins	51268
more than ninety days after the department receives the cost	51269
report.	51270

Sec. 5111.257. If a provider of a nursing facility adds or	51271
replaces one or more medicaid certified beds to or at the nursing	51272
facility, or renovates one or more of the nursing facility's beds	51273
at a cost of twenty-six thousand dollars or more per bed, the rate	51274
for the added, replaced, or renovated beds shall be the same as	51275
the rate for the nursing facility's existing beds, except that the	51276
department of job and family services shall calculate the rate for	51277
capital costs under section 5111.25 of the Revised Code using	51278
projected capital costs for the added, replaced, or renovated beds	51279
if the provider provides the department the projected capital	51280
costs.	51281

~~Sec. 5111.257.~~ Sec. 5111.258. (A) Notwithstanding sections	51282
~~5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,~~	51283
~~and 5111.255~~5111.20 to 5111.33 of the Revised Code, the director	51284
of job and family services shall adopt rules ~~in accordance with~~	51285
~~Chapter 119.~~under section 5111.02 of the Revised Code that	51286
establish a methodology for calculating the prospective rates ~~for~~	51287
~~direct care costs, other protected costs, indirect care costs, and~~	51288
~~capital costs~~ that will be paid each fiscal year to a provider for	51289
each of the provider's eligible nursing facilities and	51290
intermediate care facilities for the mentally retarded, and	51291
discrete units of the provider's nursing facilities or	51292
intermediate care facilities for the mentally retarded, that serve	51293
residents who have diagnoses or special care needs that require	51294
direct care resources that are not measured adequately by the	51295
applicable assessment instrument specified in rules ~~adopted under~~	51296
authorized by section ~~5111.231~~5111.232 of the Revised Code, or	51297
who have diagnoses or special care needs specified in the rules as	51298
otherwise qualifying for consideration under this section. The	51299
facilities and units of facilities whose rates are established	51300
under this division may include, but shall not be limited to, any	51301
of the following:	51302

(1) In the case of nursing facilities, facilities and units	51303
of facilities that serve medically fragile pediatric residents,	51304
residents who are dependent on ventilators, or residents who have	51305
severe traumatic brain injury, end-stage Alzheimer's disease, or	51306
end-stage acquired immunodeficiency syndrome;	51307

(2) In the case of intermediate care facilities for the	51308
mentally retarded, facilities and units of facilities that serve	51309
residents who have complex medical conditions or severe behavioral	51310
problems.	51311

The department shall use the methodology established under	51312
this division to pay for services rendered by such facilities and	51313
units after June 30, 1993.	51314

The rules ~~adopted under~~authorized by this division shall	51315
specify the criteria and procedures the department will apply when	51316
designating facilities and units that qualify for calculation of	51317
rates under this division. The criteria shall include	51318
consideration of whether all of the allowable costs of the	51319
facility or unit would be paid by rates established under sections	51320
~~5111.23, 5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,~~	51321
~~and 5111.255~~5111.20 to 5111.33 of the Revised Code, and shall	51322
establish a minimum bed size for a facility or unit to qualify to	51323
have its rates established under this division. The criteria shall	51324
not be designed to require that residents be served only in	51325
facilities located in large cities. The methodology established by	51326
the rules shall consider the historical costs of providing care to	51327
the residents of the facilities or units.	51328

The rules may require that a facility designated under this	51329
division or containing a unit designated under this division	51330
receive authorization from the department to admit or retain a	51331
resident to the facility or unit and shall specify the criteria	51332
and procedures the department will apply when granting that	51333
authorization.	51334

Notwithstanding any other provision of sections 5111.20 to	51335
~~5111.32~~5111.33 of the Revised Code, the costs incurred by	51336
facilities or units whose rates are established under this	51337
division shall not be considered in establishing payment rates for	51338
other facilities or units.	51339

(B) The director may adopt rules ~~in accordance with Chapter~~	51340
~~119.~~under section 5111.02 of the Revised Code under which the	51341
department, notwithstanding any other provision of sections	51342
5111.20 to ~~5111.32~~5111.33 of the Revised Code, may adjust the	51343
rates determined under sections ~~5111.23~~5111.20 to ~~5111.255~~	51344
5111.33 of the Revised Code for a facility that serves a resident	51345
who has a diagnosis or special care need that, in the rules	51346
~~adopted under~~authorized by division (A) of this section, would	51347
qualify a facility or unit of a facility to have its rate	51348
determined under that division, but who is not in such a unit. The	51349
rules may require that a facility that qualifies for a rate	51350
adjustment under this division receive authorization from the	51351
department to admit or retain a resident who qualifies the	51352
facility for the rate adjustment and shall specify the criteria	51353
and procedures the department will apply when granting that	51354
authorization.	51355

Sec. 5111.26. (A)(1)(a) Except as provided in division	51356
(A)(1)(b) of this section, each ~~nursing facility and intermediate~~	51357
~~care facility for the mentally retarded~~provider shall file with	51358
the department of job and family services an annual cost report	51359
~~prepared~~for each of the provider's nursing facilities and	51360
intermediate care facilities for the mentally retarded that	51361
participate in the medicaid program. A provider shall prepare the	51362
reports in accordance with guidelines established by the	51363
department. ~~The~~A report shall cover a calendar year or the	51364
portion of a calendar year during which the facility participated	51365
in the ~~medical assistance~~medicaid program. ~~All facilities~~A	51366
provider shall file the reports within ninety days after the end	51367
of the calendar year. The department, for good cause, may grant a	51368
fourteen-day extension of the time for filing cost reports upon	51369
written request from a ~~facility~~provider. The director of job and	51370
family services shall prescribe, in rules adopted ~~in accordance~~	51371
~~with Chapter 119.~~under section 5111.02 of the Revised Code, the	51372
cost reporting form and a uniform chart of accounts for the	51373
purpose of cost reporting, and shall distribute cost reporting	51374
forms or computer software for electronic submission of the cost	51375
report to each ~~nursing facility and intermediate care facility for~~	51376
~~the mentally retarded~~provider at least sixty days before the	51377
~~facility's~~ reporting date.	51378

(b) ~~A facility for which~~If rates ~~are~~for a provider's	51379
nursing facility or intermediate care facility for the mentally	51380
retarded were most recently established under section 5111.254 or	51381
5111.255 of the Revised Code, the provider shall submit a cost	51382
report for that facility no later than ninety days after the end	51383
of the facility's first three full calendar months of operation. A	51384
The provider of a facility that opens after the first day of	51385
October in any calendar year is not required to file a cost report	51386
for that calendar year. If rates for a provider's nursing facility	51387
were most recently established under section 5111.256 of the	51388
Revised Code, the provider shall submit a cost report for that	51389
facility not later than ninety days after the end of the	51390
facility's first three full calendar months of operation after the	51391
change of provider.	51392

(c) If a nursing facility undergoes a change of provider that	51393
the department determines, in accordance with rules adopted under	51394
section 5111.02 of the Revised Code, is not an arms length	51395
transaction, the new provider shall file a cost report under	51396
division (A)(1)(a) of this section for the facility. The cost	51397
report shall cover the portion of the calendar year during which	51398
the new provider operated the nursing facility and the portion of	51399
the calendar year during which the previous provider operated the	51400
nursing facility.	51401

(2) If a ~~nursing facility or intermediate care facility for~~	51402
~~the mentally retarded~~provider required to submit a cost ~~reports~~	51403
report for a nursing facility or intermediate care facility for	51404
the mentally retarded does not file the ~~reports~~report within the	51405
required time ~~periods~~period or within fourteen days thereafter if	51406
an extension is granted under division (A)(1)(a) of this section,	51407
or files an incomplete or inadequate report for the facility, the	51408
department shall provide immediate written notice to the ~~facility~~	51409
provider that ~~its~~the provider agreement for the facility will be	51410
terminated in thirty days unless the ~~facility~~provider submits a	51411
complete and adequate cost report for the facility within thirty	51412
days. During the thirty-day termination period or any additional	51413
time allowed for an appeal of the proposed termination of a	51414
provider agreement, the ~~facility~~provider shall be paid ~~its~~the	51415
facility's then current per resident per day rate, minus two	51416
dollars. On July 1, 1994, the department shall adjust the	51417
two-dollar reduction to reflect the rate of inflation during the	51418
preceding twelve months, as shown in the consumer price index for	51419
all items for all urban consumers for the north central region,	51420
published by the United States bureau of labor statistics. On July	51421
1, 1995, and the first day of July of each year thereafter, the	51422
department shall adjust the amount of the reduction in effect	51423
during the previous twelve months to reflect the rate of inflation	51424
during the preceding twelve months, as shown in the same index.	51425

(B) No ~~nursing facility or intermediate care facility for the~~	51426
~~mentally retarded~~provider shall report fines paid under sections	51427
5111.35 to 5111.62 or section 5111.99 of the Revised Code in any	51428
cost report filed under this section.	51429

(C) The department shall develop an addendum to the cost	51430
report form that a ~~nursing facility or intermediate care facility~~	51431
~~for the mentally retarded~~provider may use to set forth costs that	51432
the ~~facility~~provider believes may be disputed by the department.	51433
Any costs reported by the ~~facility~~provider on the addendum may be	51434
considered by the department in setting the facility's rate. If	51435
the department does not consider the costs listed on the addendum	51436
in setting the facility's rate, the ~~facility~~provider may seek	51437
reconsideration of that determination under section 5111.29 of the	51438
Revised Code. If the department subsequently includes the costs	51439
listed in the addendum in the facility's rate, the department	51440
shall pay the ~~facility~~provider interest at a reasonable rate	51441
established in rules adopted ~~in accordance with Chapter 119.~~under	51442
section 5111.02 of the Revised Code for the time that the rate	51443
paid excluded the costs.	51444

Sec. 5111.261. Except as otherwise provided in ~~sections~~	51445
~~5111.262 to~~section 5111.264 of the Revised Code, the department	51446
of job and family services, in determining whether an intermediate	51447
care facility for the mentally retarded's direct care costs and	51448
indirect care costs are allowable, shall place no limit on	51449
specific categories of reasonable costs other than compensation of	51450
owners, compensation of relatives of owners, compensation of	51451
administrators and costs for resident meals that are prepared and	51452
consumed outside the facility.	51453

Compensation cost limits for owners and relatives of owners	51454
shall be based on compensation costs for individuals who hold	51455
comparable positions but who are not owners or relatives of	51456
owners, as reported on facility cost reports. As used in this	51457
section, "comparable position" means the position that is held by	51458
the owner or the owner's relative, if that position is listed	51459
separately on the cost report form, or if the position is not	51460
listed separately, the group of positions that is listed on the	51461
cost report form and that includes the position held by the owner	51462
or the owner's relative. In the case of an owner or owner's	51463
relative who serves the facility in a capacity such as corporate	51464
officer, proprietor, or partner for which no comparable position	51465
or group of positions is listed on the cost report form, the	51466
compensation cost limit shall be based on civil service	51467
equivalents and shall be specified in rules adopted ~~by the~~	51468
~~director of job and family services in accordance with Chapter~~	51469
~~119.~~under section 5111.02 of the Revised Code.	51470

Compensation cost limits for administrators shall be based on	51471
compensation costs for administrators who are not owners or	51472
relatives of owners, as reported on facility cost reports.	51473
Compensation cost limits for administrators of four or more	51474
intermediate care facilities for the mentally retarded shall be	51475
the same as the limits for administrators of ~~nursing facilities or~~	51476
intermediate care facilities for the mentally retarded with one	51477
hundred fifty or more beds.	51478

~~For nursing facilities, cost limits for resident meals that~~	51479
~~are prepared and consumed outside the facility shall be based on~~	51480
~~the statewide average cost of serving and preparing meals in all~~	51481
~~nursing facilities, as reported on the facility cost reports. For~~	51482
~~intermediate care facilities for the mentally retarded, cost~~	51483
~~limits for resident meals that are prepared and consumed outside~~	51484
~~the facility shall be based on the statewide average cost of~~	51485
~~serving and preparing meals in all intermediate care facilities~~	51486
~~for the mentally retarded, as reported on the facility cost~~	51487
~~reports.~~	51488

Sec. 5111.262. Except as otherwise provided in sections	51489
5111.263 and 5111.264 of the Revised Code, the department of job	51490
and family services, in determining whether a nursing facility's	51491
direct care costs and ancillary and support costs are allowable,	51492
shall place no limit on specific categories of reasonable costs.	51493

Sec. 5111.263. (A) As used in this section, "covered therapy	51494
services" means physical therapy, occupational therapy, audiology,	51495
and speech therapy services that are provided by appropriately	51496
licensed therapists or therapy assistants and that are covered for	51497
nursing facility residents either by the medicare program	51498
established under Title XVIII of the "Social Security Act," 49	51499
Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or the ~~medical~~	51500
~~assistance~~medicaid program as specified in rules adopted by the	51501
director of job and family services ~~in accordance with Chapter~~	51502
~~119.~~under section 5111.02 of the Revised Code.	51503

(B) Except as provided in division (G) of this section, the	51504
costs of therapy are not allowable costs for nursing facilities	51505
for the purpose of determining rates under sections ~~5111.23,~~	51506
~~5111.231, 5111.235, 5111.24, 5111.241, 5111.25, 5111.251,~~	51507
~~5111.255, and 5111.257~~5111.20 to 5111.33 of the Revised Code.	51508

(C) The department of job and family services shall process	51509
no claims for payment under the ~~medical assistance~~medicaid	51510
program for covered therapy services rendered to a resident of a	51511
nursing facility other than such claims submitted, in accordance	51512
with this section, by a nursing facility that has a valid provider	51513
agreement with the department.	51514

(D) ~~Nursing~~Providers of nursing facilities ~~that have entered~~	51515
~~into a provider agreement~~ may bill the department of job and	51516
family services for covered therapy services ~~it provides~~the	51517
nursing facilities provide to residents of any nursing facility	51518
who are medicaid recipients ~~of the medical assistance program~~ and	51519
not eligible for the medicare program.	51520

(E) The department shall not process any claim for a covered	51521
therapy service provided to a nursing facility resident who is	51522
eligible for the medicare program unless the claim is for a	51523
copayment or deductible or the conditions in division (E)(1) or	51524
(2) of this section apply:	51525

(1) The covered therapy service provided is, under the	51526
federal statutes, regulations, or policies governing the medicare	51527
program, not covered by the medicare program and the service is,	51528
under the provisions of this chapter or the rules adopted under	51529
this chapter, covered by the ~~medical assistance~~medicaid program.	51530

(2) All of the following apply:

51531

(a) The individual or entity who provided the covered therapy	51532
service was eligible to bill the medicare program for the service.	51533

(b) A complete, accurate, and timely claim was submitted to	51534
the medicare program and the program denied payment for the	51535
service as not medically necessary for the resident. For the	51536
purposes of division (E)(2)(b) of this section, a claim is not	51537
considered to have been denied by the medicare program until	51538
either a denial has been issued following a medicare fair hearing	51539
or six months have elapsed since the request for a fair hearing	51540
was filed.	51541

(c) The facility is required to provide or arrange for the	51542
provision of the service by a licensed therapist or therapy	51543
assistant to be in compliance with federal or state nursing	51544
facility certification requirements for the ~~medical assistance~~	51545
medicaid program.	51546

(d) The claim for payment for the services under the ~~medical~~	51547
~~assistance~~medicaid program is accompanied by documentation that	51548
divisions (E)(2)(b) and (c) of this section apply to the service.	51549

(F) The reimbursement allowed by the department for covered	51550
therapy services provided to nursing facility residents and billed	51551
under division (D) or (E) of this section shall be fifteen per	51552
cent less than the fees it pays for the same services rendered to	51553
hospital outpatients. The director may adopt rules ~~in accordance~~	51554
~~with Chapter 119.~~under section 5111.02 of the Revised Code	51555
establishing comparable fees for covered therapy services that are	51556
not included in its schedule of fees paid for services rendered to	51557
hospital outpatients.	51558

(G) A nursing facility's reasonable costs for rehabilitative,	51559
restorative, or maintenance therapy services rendered to facility	51560
residents by nurses or nurse aides, and the facility's overhead	51561
costs to support provision of therapy services provided to nursing	51562
facility residents, are allowable costs for the purposes of	51563
establishing rates under sections ~~5111.23, 5111.231, 5111.235,~~	51564
~~5111.24, 5111.241, 5111.25, 5111.251, 5111.255, and 5111.257~~	51565
5111.20 to 5111.33 of the Revised Code.	51566

Sec. 5111.264. Except as provided in section 5111.25 or	51567
~~5111.264~~5111.251 of the Revised Code, the costs of goods,	51568
services, and facilities, furnished to a provider by a related	51569
party are includable in the allowable costs of the provider at the	51570
reasonable cost to the related party.	51571

Sec. 5111.265. If one or more medicaid-certified beds are	51572
relocated from one nursing facility to another nursing facility	51573
owned by a different person or government entity and the	51574
application for the certificate of need authorizing the relocation	51575
is filed with the director of health on or after the effective	51576
date of this section, amortization of the cost of acquiring	51577
operating rights for the relocated beds is not an allowable cost	51578
for the purpose of determining the nursing facility's medicaid	51579
reimbursement rate.	51580

Sec. 5111.266. As used in this section, "franchise permit	51581
fee" means the fee imposed by sections 3721.50 to 3721.58 of the	51582
Revised Code.	51583

A provider of a nursing facility filing the facility's cost	51584
report with the department of job and family services under	51585
section 5111.26 of the Revised Code shall report as a	51586
nonreimbursable expense the cost of the nursing facility's	51587
franchise permit fee.	51588

Sec. 5111.27. (A) The department of job and family services	51589
shall conduct a desk review of each cost report it receives under	51590
section 5111.26 of the Revised Code. Based on the desk review, the	51591
department shall make a preliminary determination of whether the	51592
reported costs are allowable costs. The department shall notify	51593
each ~~nursing facility and intermediate care facility for the~~	51594
~~mentally retarded~~provider of whether any of ~~its~~the reported	51595
costs are preliminarily determined not to be allowable, the rate	51596
calculation under sections ~~5111.23~~5111.20 to ~~5111.257~~5111.33 of	51597
the Revised Code that results from that determination, and the	51598
reasons for the determination and resulting rate. The department	51599
shall allow the ~~facility~~provider to verify the calculation and	51600
submit additional information.	51601

(B) The department may conduct an audit, as defined by rule	51602
adopted ~~by the director of job and family services in accordance~~	51603
~~with Chapter 119.~~under section 5111.02 of the Revised Code, of	51604
any cost report and shall notify the ~~nursing facility or~~	51605
~~intermediate care facility for the mentally retarded~~provider of	51606
its findings.	51607

Audits shall be conducted by auditors under contract with or	51608
employed by the department. The decision whether to conduct an	51609
audit and the scope of the audit, which may be a desk or field	51610
audit, shall be determined based on prior performance of the	51611
provider and may be based on a risk analysis or other evidence	51612
that gives the department reason to believe that the provider has	51613
reported costs improperly. A desk or field audit may be performed	51614
annually, but is required whenever a provider does not pass the	51615
risk analysis tolerance factors. The department shall issue the	51616
audit report no later than three years after the cost report is	51617
filed, or upon the completion of a desk or field audit on the	51618
report or a report for a subsequent cost reporting period,	51619
whichever is earlier. During the time within which the department	51620
may issue an audit report, the provider may amend the cost report	51621
upon discovery of a material error or material additional	51622
information. The department shall review the amended cost report	51623
for accuracy and notify the provider of its determination.	51624

The department may establish a contract for the auditing of	51625
facilities by outside firms. Each contract entered into by bidding	51626
shall be effective for one to two years. The department shall	51627
establish an audit manual and program which shall require that all	51628
field audits, conducted either pursuant to a contract or by	51629
department employees:	51630

(1) Comply with the applicable rules prescribed pursuant to	51631
Titles XVIII and XIX of the "Social Security Act," 49 Stat. 620	51632
(1935), 42 U.S.C.A. 301, as amended;	51633

(2) Consider generally accepted auditing standards prescribed	51634
by the American institute of certified public accountants;	51635

(3) Include a written summary as to whether the costs	51636
included in the report examined during the audit are allowable and	51637
are presented fairly in accordance with generally accepted	51638
accounting principles and department rules, and whether, in all	51639
material respects, allowable costs are documented, reasonable, and	51640
related to patient care;	51641

(4) Are conducted by accounting firms or auditors who, during	51642
the period of the auditors' professional engagement or employment	51643
and during the period covered by the cost reports, do not have nor	51644
are committed to acquire any direct or indirect financial interest	51645
in the ownership, financing, or operation of a nursing facility or	51646
intermediate care facility for the mentally retarded in this	51647
state;	51648

(5) Are conducted by accounting firms or auditors who, as a	51649
condition of the contract or employment, shall not audit any	51650
facility that has been a client of the firm or auditor;	51651

(6) Are conducted by auditors who are otherwise independent	51652
as determined by the standards of independence established by the	51653
American institute of certified public accountants;	51654

(7) Are completed within the time period specified by the	51655
department;	51656

(8) Provide to the ~~nursing facility or intermediate care~~	51657
~~facility for the mentally retarded~~provider complete written	51658
interpretations that explain in detail the application of all	51659
relevant contract provisions, regulations, auditing standards,	51660
rate formulae, and departmental policies, with explanations and	51661
examples, that are sufficient to permit the ~~facility~~provider to	51662
calculate with reasonable certainty those costs that are allowable	51663
and the rate to which the provider's facility is entitled.	51664

For the purposes of division (B)(4) of this section,	51665
employment of a member of an auditor's family by a nursing	51666
facility or intermediate care facility for the mentally retarded	51667
that the auditor does not review does not constitute a direct or	51668
indirect financial interest in the ownership, financing, or	51669
operation of the facility.	51670

(C) The department, pursuant to rules adopted ~~in accordance~~	51671
~~with Chapter 119.~~under section 5111.02 of the Revised Code, may	51672
conduct an exception review of assessment ~~information~~data	51673
submitted under section ~~5111.231~~5111.232 of the Revised Code. The	51674
department may conduct an exception review based on the findings	51675
of a certification survey conducted by the department of health, a	51676
risk analysis, or prior performance of the provider.	51677

Exception reviews shall be conducted at the facility by	51678
appropriate health professionals under contract with or employed	51679
by the department of job and family services. The professionals	51680
may review resident assessment forms and supporting documentation,	51681
conduct interviews, and observe residents to identify any patterns	51682
or trends of inaccurate assessments and resulting inaccurate	51683
case-mix scores.	51684

The rules shall establish an exception review program that	51685
requires that exception reviews do all of the following:	51686

(1) Comply with Titles XVIII and XIX of the "Social Security	51687
Act";	51688

(2) Provide a written summary that states whether the	51689
resident assessment forms have been completed accurately;	51690

(3) Are conducted by health professionals who, during the	51691
period of their professional engagement or employment with the	51692
department, neither have nor are committed to acquire any direct	51693
or indirect financial interest in the ownership, financing, or	51694
operation of a nursing facility or intermediate care facility for	51695
the mentally retarded in this state;	51696

(4) Are conducted by health professionals who, as a condition	51697
of their engagement or employment with the department, shall not	51698
review any ~~facility~~provider that has been a client of the	51699
professional.	51700

For the purposes of division (C)(3) of this section,	51701
employment of a member of a health professional's family by a	51702
nursing facility or intermediate care facility for the mentally	51703
retarded that the professional does not review does not constitute	51704
a direct or indirect financial interest in the ownership,	51705
financing, or operation of the facility.	51706

If an exception review is conducted before the effective date	51707
of the rate that is based on the case-mix ~~information~~data subject	51708
to the review and the review results in findings that exceed	51709
tolerance levels specified in the rules adopted under this	51710
division, the department, in accordance with those rules, may use	51711
the findings to recalculate individual resident case-mix scores,	51712
quarterly average facility case-mix scores, and annual average	51713
facility case-mix scores. The department may use the recalculated	51714
quarterly and annual facility average case-mix scores to calculate	51715
the facility's rate for direct care costs for the appropriate	51716
calendar quarter or quarters.	51717

(D) The department shall prepare a written summary of any	51718
audit disallowance or exception review finding that is made after	51719
the effective date of the rate that is based on the cost or	51720
case-mix ~~information~~data. Where the ~~facility~~provider is pursuing	51721
judicial or administrative remedies in good faith regarding the	51722
disallowance or finding, the department shall not withhold from	51723
the ~~facility's~~provider's current payments any amounts the	51724
department claims to be due from the ~~facility~~provider pursuant to	51725
section 5111.28 of the Revised Code.	51726

(E) The department shall not reduce rates calculated under	51727
sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the Revised Code on	51728
the basis that the ~~facility~~provider charges a lower rate to any	51729
resident who is not eligible for the ~~medical assistance~~medicaid	51730
program.	51731

(F) The department shall adjust the rates calculated under	51732
sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the Revised Code to	51733
account for reasonable additional costs that must be incurred by	51734
nursing facilities and intermediate care facilities for the	51735
mentally retarded to comply with requirements of federal or state	51736
statutes, rules, or policies enacted or amended after January 1,	51737
1992, or with orders issued by state or local fire authorities.	51738

Sec. 5111.28. (A) If a provider properly amends its cost	51739
report under section 5111.27 of the Revised Code and the amended	51740
report shows that the provider received a lower rate under the	51741
original cost report than it was entitled to receive, the	51742
department of job and family services shall adjust the provider's	51743
rate prospectively to reflect the corrected information. The	51744
department shall pay the adjusted rate beginning two months after	51745
the first day of the month after the provider files the amended	51746
cost report. If the department finds, from an exception review of	51747
resident assessment information conducted after the effective date	51748
of the rate for direct care costs that is based on the assessment	51749
information, that inaccurate assessment information resulted in	51750
the provider receiving a lower rate than it was entitled to	51751
receive, the department prospectively shall adjust the provider's	51752
rate accordingly and shall make payments using the adjusted rate	51753
for the remainder of the calendar quarter for which the assessment	51754
information is used to determine the rate, beginning one month	51755
after the first day of the month after the exception review is	51756
completed.	51757

(B) If the provider properly amends its cost report under	51758
section 5111.27 of the Revised Code, the department makes a	51759
finding based on an audit under that section, or the department	51760
makes a finding based on an exception review of resident	51761
assessment information conducted under that section after the	51762
effective date of the rate for direct care costs that is based on	51763
the assessment information, any of which results in a	51764
determination that the provider has received a higher rate than it	51765
was entitled to receive, the department shall recalculate the	51766
provider's rate using the revised information. The department	51767
shall apply the recalculated rate to the periods when the provider	51768
received the incorrect rate to determine the amount of the	51769
overpayment. The provider shall refund the amount of the	51770
overpayment.	51771

In addition to requiring a refund under this division, the	51772
department may charge the provider interest at the applicable rate	51773
specified in this division from the time the overpayment was made.	51774

(1) If the overpayment resulted from costs reported for	51775
calendar year 1993, the interest shall be no greater than one and	51776
one-half times the average bank prime rate.	51777

(2) If the overpayment resulted from costs reported for	51778
subsequent calendar years:	51779

(a) The interest shall be no greater than two times the	51780
average bank prime rate if the overpayment was equal to or less	51781
than one per cent of the total medicaid payments to the provider	51782
for the fiscal year for which the incorrect information was used	51783
to establish a rate.	51784

(b) The interest shall be no greater than two and one-half	51785
times the current average bank prime rate if the overpayment was	51786
greater than one per cent of the total medicaid payments to the	51787
provider for the fiscal year for which the incorrect information	51788
was used to establish a rate.	51789

51790

(1) If a provider does not furnish invoices or other	51791
documentation that the department requests during an audit within	51792
sixty days after the request, no more than the greater of one	51793
thousand dollars per audit or twenty-five per cent of the	51794
cumulative amount by which the costs for which documentation was	51795
not furnished increased the total medicaid payments to the	51796
provider during the fiscal year for which the costs were used to	51797
establish a rate;	51798

(2) If an owner fails to provide notice of sale of the	51799
facility or voluntary termination of participation in the ~~medical~~	51800
~~assistance~~medicaid program, as required by section 5111.25 or	51801
5111.251 of the Revised Code, no more than the current average	51802
bank prime rate plus four per cent of the last two monthly	51803
payments.	51804

(D) If the provider continues to participate in the ~~medical~~	51805
~~assistance~~medicaid program, the department shall deduct any	51806
amount that the provider is required to refund under this section,	51807
and the amount of any interest charged or penalty imposed under	51808
this section, from the next available payment from the department	51809
to the provider. The department and the provider may enter into an	51810
agreement under which the amount, together with interest, is	51811
deducted in installments from payments from the department to the	51812
provider.	51813

(E) The department shall transmit refunds and penalties to	51814
the treasurer of state for deposit in the general revenue fund.	51815

(F) For the purpose of this section, the department shall	51816
determine the average bank prime rate using statistical release	51817
H.15, "selected interest rates," a weekly publication of the	51818
federal reserve board, or any successor publication. If	51819
statistical release H.15, or its successor, ceases to contain the	51820
bank prime rate information or ceases to be published, the	51821
department shall request a written statement of the average bank	51822
prime rate from the federal reserve bank of Cleveland or the	51823
federal reserve board.	51824

Sec. 5111.29. (A) The director of job and family services	51825
shall adopt rules ~~in accordance with Chapter 119.~~under section	51826
5111.02 of the Revised Code that establish a process under which a	51827
~~nursing facility or intermediate care facility for the mentally~~	51828
~~retarded~~provider, or a group or association of ~~facilities~~	51829
providers, may seek reconsideration of rates established under	51830
sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the Revised Code,	51831
including a rate for direct care costs recalculated before the	51832
effective date of the rate as a result of an exception review of	51833
resident assessment information conducted under section 5111.27 of	51834
the Revised Code.	51835

(1) Except as provided in divisions (A)(2) to (4) of this	51836
section, the only issue that a ~~facility~~provider, group, or	51837
association may raise in the rate reconsideration shall be whether	51838
the rate was calculated in accordance with sections ~~5111.23~~	51839
5111.20 to ~~5111.28~~5111.33 of the Revised Code and the rules	51840
adopted under ~~those sections~~section 5111.02 of the Revised Code.	51841
The rules shall permit a ~~facility~~provider, group, or association	51842
to submit written arguments or other materials that support its	51843
position. The rules shall specify time frames within which the	51844
~~facility~~provider, group, or association and the department must	51845
act. If the department determines, as a result of the rate	51846
reconsideration, that the rate established for one or more	51847
facilities of a provider is less than the rate to which itthe	51848
facility is entitled, the department shall increase the rate. If	51849
the department has paid the incorrect rate for a period of time,	51850
the department shall pay the ~~facility~~provider the difference	51851
between the amount itthe provider was paid for that period for	51852
the facility and the amount itthe provider should have been paid	51853
for the facility.	51854

(2) The rules shall provide that during a fiscal year, the	51855
department, by means of the rate reconsideration process, may	51856
increase a facility's rate as calculated under sections ~~5111.23~~	51857
5111.20 to ~~5111.28~~5111.33 of the Revised Code if the provider of	51858
the facility demonstrates that ~~its~~the facility's actual,	51859
allowable costs have increased because of extreme circumstances. A	51860
facility may qualify for a rate increase only if ~~its~~the	51861
facility's per diem, actual, allowable costs have increased to a	51862
level that exceeds its total rate, including any efficiency or	51863
quality incentive and return on equity payment. The rules shall	51864
specify the circumstances that would justify a rate increase under	51865
division (A)(2) of this section. ~~In the case of nursing~~	51866
~~facilities, the~~The rules shall provide that the extreme	51867
circumstances include ~~increased security costs for an inner-city~~	51868
~~nursing facility and an increase in workers' compensation~~	51869
~~experience rating of greater than five per cent for a facility~~	51870
~~that has an appropriate claims management program but do not~~	51871
~~include a change of ownership that results from bankruptcy,~~	51872
~~foreclosure, or findings of violations of certification~~	51873
~~requirements by the department of health~~natural disasters. In the	51874
case of intermediate care facilities for the mentally retarded,	51875
the rules shall provide that the extreme circumstances include,	51876
but are not limited to, renovations approved under division (D) of	51877
section 5111.251 of the Revised Code, an increase in workers'	51878
compensation experience rating of greater than five per cent for a	51879
facility that has an appropriate claims management program,	51880
increased security costs for an inner-city facility, and a change	51881
of ownership that results from bankruptcy, foreclosure, or	51882
findings of violations of certification requirements by the	51883
department of health. An increase under division (A)(2) of this	51884
section is subject to any rate limitations or maximum rates	51885
established by sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of the	51886
Revised Code for specific cost centers. Any rate increase granted	51887
under division (A)(2) of this section shall take effect on the	51888
first day of the first month after the department receives the	51889
request.	51890

(3) The rules shall provide that the department, through the	51891
rate reconsideration process, may increase ~~a facility's~~an	51892
intermediate care facility for the mentally retarded's rate as	51893
calculated under sections ~~5111.23~~5111.20 to ~~5111.28~~5111.33 of	51894
the Revised Code if the department, in ~~its~~the department's sole	51895
discretion, determines that the rate as calculated under those	51896
sections works an extreme hardship on the facility.	51897

(4) The rules shall provide that when beds certified for the	51898
~~medical assistance~~medicaid program are added to an existing	51899
intermediate care facility for the mentally retarded, replaced at	51900
the same site, or subject to a change of ownership or lease, the	51901
department, through the rate reconsideration process, shall	51902
increase the ~~facility's~~intermediate care facility for the	51903
mentally retarded's rate for capital costs proportionately, as	51904
limited by any applicable limitation under section ~~5111.25 or~~	51905
5111.251 of the Revised Code, to account for the costs of the beds	51906
that are added, replaced, or subject to a change of ownership or	51907
lease. The department shall make this increase one month after the	51908
first day of the month after the department receives sufficient	51909
documentation of the costs. Any rate increase granted under	51910
division (A)(4) of this section after June 30, 1993, shall remain	51911
in effect until the effective date of a rate calculated under	51912
section ~~5111.25 or~~ 5111.251 of the Revised Code that includes	51913
costs incurred for a full calendar year for the bed addition, bed	51914
replacement, or change of ownership or lease. The facility shall	51915
report double accumulated depreciation in an amount equal to the	51916
depreciation included in the rate adjustment on its cost report	51917
for the first year of operation. During the term of any loan used	51918
to finance a project for which a rate adjustment is granted under	51919
division (A)(4) of this section, if the facility is operated by	51920
the same provider, the ~~facility~~provider shall subtract from the	51921
interest costs it reports on its cost report an amount equal to	51922
the difference between the following:	51923

(a) The actual, allowable interest costs for the loan during	51924
the calendar year for which the costs are being reported;	51925

(b) The actual, allowable interest costs attributable to the	51926
loan that were used to calculate the rates paid to the provider	51927
for the facility during the same calendar year.	51928

(5) The department's decision at the conclusion of the	51929
reconsideration process shall not be subject to any administrative	51930
proceedings under Chapter 119. or any other provision of the	51931
Revised Code.	51932

(B) Any audit disallowance that the department makes as the	51933
result of an audit under section 5111.27 of the Revised Code, any	51934
adverse finding that results from an exception review of resident	51935
assessment information conducted under that section after the	51936
effective date of the facility's rate that is based on the	51937
assessment information, and any penalty the department imposes	51938
under division (C) of section 5111.28 of the Revised Code shall be	51939
subject to an adjudication conducted in accordance with Chapter	51940
119. of the Revised Code.	51941

Sec. 5111.291. Notwithstanding sections 5111.20 to ~~5111.29~~	51942
5111.33 of the Revised Code, the department of job and family	51943
services may compute the rate for intermediate care facilities for	51944
the mentally retarded operated by the department of mental	51945
retardation and developmental disabilities or the department of	51946
mental health according to the reasonable cost principles of Title	51947
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	51948
U.S.C.A. 1395, as amended.	51949

Sec. 5111.30. The department of job and family services	51950
shall terminate the provider agreement with a ~~nursing facility or~~	51951
~~intermediate care facility for the mentally retarded~~provider that	51952
does not comply with the requirements of section 3721.071 of the	51953
Revised Code for the installation of fire extinguishing and fire	51954
alarm systems.	51955

Sec. 5111.31. (A) Every provider agreement with the provider	51956
of a nursing facility or intermediate care facility for the	51957
mentally retarded shall:	51958

(1) Prohibit the ~~facility~~provider from failing or refusing	51959
to retain as a patient any person because the person is, becomes,	51960
or may, as a patient in the facility, become a medicaid recipient	51961
~~of assistance under the medical assistance program~~. For the	51962
purposes of this division, a medicaid recipient ~~of medical~~	51963
~~assistance~~ who is a patient in a facility shall be considered a	51964
patient in the facility during any hospital stays totaling less	51965
than twenty-five days during any twelve-month period. Recipients	51966
who have been identified by the department of job and family	51967
services or its designee as requiring the level of care of an	51968
intermediate care facility for the mentally retarded shall not be	51969
subject to a maximum period of absences during which they are	51970
considered patients if prior authorization of the department for	51971
visits with relatives and friends and participation in therapeutic	51972
programs is obtained under rules adopted under section 5111.02 of	51973
the Revised Code.	51974

(2) ~~Include~~Except as provided by division (B)(1) of this	51975
section, include any part of the facility that meets standards for	51976
certification of compliance with federal and state laws and rules	51977
for participation in the ~~medical assistance~~medicaid program,	51978
~~except that nursing facilities that, during the period beginning~~	51979
~~July 1, 1987, and ending July 1, 1993, added beds licensed as~~	51980
~~nursing home beds under Chapter 3721. of the Revised Code are not~~	51981
~~required to include those beds under a provider agreement unless~~	51982
~~otherwise required by federal law. Once added to the provider~~	51983
~~agreement, however, those nursing home beds may not be removed~~	51984
~~unless the facility withdraws from the medical assistance program~~	51985
~~in its entirety~~.	51986

(3) Prohibit the ~~facility~~provider from discriminating	51987
against any patient on the basis of race, color, sex, creed, or	51988
national origin.	51989

(4) Except as otherwise prohibited under section 5111.55 of	51990
the Revised Code, prohibit the ~~facility~~provider from failing or	51991
refusing to accept a patient because the patient is, becomes, or	51992
may, as a patient in the facility, become a medicaid recipient of	51993
~~assistance under the medical assistance program~~ if less than	51994
eighty per cent of the patients in the facility are medicaid	51995
recipients ~~of medical assistance~~.	51996

(B)(1) Except as provided by division (B)(2) of this section,	51997
the following are not required to be included in a provider	51998
agreement unless otherwise required by federal law:	51999

(a) Beds added during the period beginning July 1, 1987, and	52000
ending July 1, 1993, to a nursing home licensed under Chapter	52001
3721. of the Revised Code;	52002

(b) Beds in an intermediate care facility for the mentally	52003
retarded that are designated for respite care under a medicaid	52004
waiver component operated pursuant to a waiver sought under	52005
section 5111.87 of the Revised Code.	52006

(2) If a provider chooses to include a bed specified in	52007
division (B)(1) of this section in a provider agreement, the bed	52008
may not be removed from the provider agreement unless the provider	52009
withdraws the facility in which the bed is located from the	52010
medicaid program.	52011

(C) Nothing in this section shall bar ~~any~~a provider that is	52012
a religious organization operating a religious or denominational	52013
nursing facility or intermediate care facility for the mentally	52014
retarded ~~that is operated, supervised, or controlled by a~~	52015
~~religious organization~~ from giving preference to persons of the	52016
same religion or denomination. Nothing in this section shall bar	52017
any ~~facility~~provider from giving preference to persons with whom	52018
itthe provider has contracted to provide continuing care.	52019

~~(C)~~(D) Nothing in this section shall bar ~~any~~the provider of	52020
a county home organized under Chapter 5155. of the Revised Code	52021
from admitting residents exclusively from the county in which the	52022
county home is located.	52023

~~(D)~~(E) No provider of a nursing facility or intermediate care	52024
facility for the mentally retarded ~~with~~for which a provider	52025
agreement is in effect shall violate the provider contract	52026
obligations imposed under this section.	52027

~~(E)~~(F) Nothing in divisions (A) and ~~(B)~~(C) of this section	52028
shall bar ~~any nursing facility or intermediate care facility for~~	52029
~~the mentally retarded~~a provider from retaining patients who have	52030
resided in the provider's facility for not less than one year as	52031
private pay patients and who subsequently become medicaid	52032
recipients ~~of assistance under the medicaid program~~, but refusing	52033
to accept as a patient any person who is or may, as a patient in	52034
the facility, become a medicaid recipient ~~of assistance under the~~	52035
~~medicaid program~~, if all of the following apply:	52036

(1) The ~~facility~~provider does not refuse to retain any	52037
patient who has resided in the provider's facility for not less	52038
than one year as a private pay patient because the patient becomes	52039
a medicaid recipient ~~of assistance under the medicaid program~~,	52040
except as necessary to comply with division ~~(E)~~(F)(2) of this	52041
section;	52042

(2) The number of medicaid recipients retained under this	52043
division does not at any time exceed ten per cent of all the	52044
patients in the facility;	52045

(3) On July 1, 1980, all the patients in the facility were	52046
private pay patients.	52047

Sec. 5111.32. Any patient has a cause of action against the	52048
provider of a nursing facility or intermediate care facility for	52049
the mentally retarded for breach of the provider agreement	52050
obligations or other duties imposed by section 5111.31 of the	52051
Revised Code. The action may be commenced by the patient, or on	52052
~~his~~the patient's behalf by ~~his~~the patient's sponsor or a	52053
residents' rights advocate, as either is defined under section	52054
3721.10 of the Revised Code, by the filing of a civil action in	52055
the court of common pleas of the county in which the facility is	52056
located, or in the court of common pleas of Franklin county.	52057

If the court finds that a breach of the provider agreement	52058
obligations imposed by section 5111.31 of the Revised Code has	52059
occurred, the court may enjoin the ~~facility~~provider from engaging	52060
in the practice, order such affirmative relief as may be	52061
necessary, and award to the patient and a person or public agency	52062
that brings an action on behalf of a patient actual damages,	52063
costs, and reasonable attorney's fees.	52064

Sec. 5111.33. Reimbursement to ~~nursing facilities and~~	52065
~~intermediate care facilities for the mentally retarded~~a provider	52066
under sections 5111.20 to 5111.32 of the Revised Code shall	52067
include payments to ~~facilities~~the provider, at a rate equal to	52068
the percentage of the per resident per day rates that the	52069
department of job and family services has established for the	52070
provider's nursing facility or intermediate care facility for the	52071
mentally retarded under sections ~~5111.23~~5111.20 to ~~5111.29~~	52072
5111.33 of the Revised Code for the fiscal year for which the cost	52073
of services is reimbursed, to reserve a bed for a recipient during	52074
a temporary absence under conditions prescribed by the department,	52075
to include hospitalization for an acute condition, visits with	52076
relatives and friends, and participation in therapeutic programs	52077
outside the facility, when the resident's plan of care provides	52078
for such absence and federal participation in the payments is	52079
available. The maximum period during which payments may be made to	52080
reserve a bed shall not exceed the maximum period specified under	52081
federal regulations, and shall not be more than thirty days during	52082
any calendar year for hospital stays, visits with relatives and	52083
friends, and participation in therapeutic programs. Recipients who	52084
have been identified by the department as requiring the level of	52085
care of an intermediate care facility for the mentally retarded	52086
shall not be subject to a maximum period during which payments may	52087
be made to reserve a bed if prior authorization of the department	52088
is obtained for hospital stays, visits with relatives and friends,	52089
and participation in therapeutic programs. The director of job and	52090
family services shall adopt rules under ~~division (B) of~~ section	52091
5111.02 of the Revised Code establishing conditions under which	52092
prior authorization may be obtained.	52093

Sec. 5111.62. The proceeds of all fines, including interest,	52094
collected under sections 5111.35 to 5111.62 of the Revised Code	52095
shall be deposited in the state treasury to the credit of the	52096
residents protection fund, which is hereby created. ~~Moneys~~The	52097
proceeds of all fines, including interest, collected under section	52098
173.42 of the Revised Code shall be deposited in the state	52099
treasury to the credit of the residents protection fund.	52100

Moneys in the fund shall be used for the protection of the	52101
health or property of residents of nursing facilities in which the	52102
department of health finds deficiencies, including payment for the	52103
costs of relocation of residents to other facilities, maintenance	52104
of operation of a facility pending correction of deficiencies or	52105
closure, and reimbursement of residents for the loss of money	52106
managed by the facility under section 3721.15 of the Revised Code.	52107
~~The~~	52108

The fund shall be maintained and administered by the	52109
department of job and family services under rules developed in	52110
consultation with the departments of health and aging and adopted	52111
by the director of job and family services under Chapter 119. of	52112
the Revised Code.	52113

Sec. 5111.85. (A) As used in this section and sections	52114
5111.851 to 5111.856 of the Revised Code, "medicaid waiver	52115
component" means a component of the medicaid program authorized by	52116
a waiver granted by the United States department of health and	52117
human services under section 1115 or 1915 of the "Social Security	52118
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid	52119
waiver component" does not include a care management system	52120
established under section 5111.16 of the Revised Code.	52121

(B) The director of job and family services may adopt rules	52122
under Chapter 119. of the Revised Code governing medicaid waiver	52123
components that establish all of the following:	52124

(1) Eligibility requirements for the medicaid waiver	52125
components;	52126

(2) The type, amount, duration, and scope of services the	52127
medicaid waiver components provide;	52128

(3) The conditions under which the medicaid waiver components	52129
cover services;	52130

(4) The amount the medicaid waiver components pay for	52131
services or the method by which the amount is determined;	52132

(5) The manner in which the medicaid waiver components pay	52133
for services;	52134

(6) Safeguards for the health and welfare of medicaid	52135
recipients receiving services under a medicaid waiver component;	52136

(7) Procedures for enforcing the rules, including	52137
establishing corrective action plans for, and imposing financial	52138
and administrative sanctions on, persons and government entities	52139
that violate the rules. Sanctions shall include terminating	52140
medicaid provider agreements. The procedures shall include due	52141
process protections.	52142

(8) Other policies necessary for the efficient administration	52143
of the medicaid waiver components.	52144

(C) The director of job and family services may adopt	52145
different rules for the different medicaid waiver components. The	52146
rules shall be consistent with the terms of the waiver authorizing	52147
the medicaid waiver component.	52148

~~(D) The director of job and family services may conduct~~	52149
~~reviews of the medicaid waiver components. The reviews may include~~	52150
~~physical inspections of records and sites where services are~~	52151
~~provided under the medicaid waiver components and interviews of~~	52152
~~providers and recipients of the services. If the director~~	52153
~~determines pursuant to a review that a person or government entity~~	52154
~~has violated a rule governing a medicaid waiver component, the~~	52155
~~director may establish a corrective action plan for the violator~~	52156
~~and impose fiscal, administrative, or both types of sanctions on~~	52157
~~the violator in accordance with rules adopted under division (B)~~	52158
~~of this section.~~	52159

Sec. 5111.851. (A) As used in sections 5111.851 to 5111.855	52160
of the Revised Code:	52161

"Administrative agency" means, with respect to a home and	52162
community-based services medicaid waiver component, the department	52163
of job and family services or, if a state agency or political	52164
subdivision contracts with the department under section 5111.91 of	52165
the Revised Code to administer the component, that state agency or	52166
political subdivision.	52167

"Home and community-based services medicaid waiver component"	52168
means a medicaid waiver component under which home and	52169
community-based services are provided as an alternative to	52170
hospital, nursing facility, or intermediate care facility for the	52171
mentally retarded services.	52172

"Hospital" has the same meaning as in section 3727.01 of the	52173
Revised Code.	52174

"Intermediate care facility for the mentally retarded" has	52175
the same meaning as in section 5111.20 of the Revised Code.	52176

"Level of care determination" means a determination of	52177
whether an individual needs the level of care provided by a	52178
hospital, nursing facility, or intermediate care facility for the	52179
mentally retarded and whether the individual, if determined to	52180
need that level of care, would receive hospital, nursing facility,	52181
or intermediate care facility for the mentally retarded services	52182
if not for a home and community-based services medicaid waiver	52183
component.	52184

"Nursing facility" has the same meaning as in section 5111.20	52185
of the Revised Code.	52186

"Skilled nursing facility" means a facility certified as a	52187
skilled nursing facility under Title XVIII of the "Social Security	52188
Act," 79 Stat. 286 (1965), 42 U.S.C. 1395, as amended.	52189

(B) The following requirements apply to each home and	52190
community-based services medicaid waiver component:	52191

(1) Only an individual who qualifies for a component shall	52192
receive that component's services.	52193

(2) A level of care determination shall be made as part of	52194
the process of determining whether an individual qualifies for a	52195
component and shall be made each year after the initial	52196
determination if, during such a subsequent year, the	52197
administrative agency determines there is a reasonable indication	52198
that the individual's needs have changed.	52199

(3) A written plan of care or individual service plan based	52200
on an individual assessment of the services that an individual	52201
needs to avoid needing admission to a hospital, nursing facility,	52202
or intermediate care facility for the mentally retarded shall be	52203
created for each individual determined eligible for a component.	52204

(4) Each individual determined eligible for a component shall	52205
receive that component's services in accordance with the	52206
individual's level of care determination and written plan of care	52207
or individual service plan.	52208

(5) No individual may receive services under a component	52209
while the individual is a hospital inpatient or resident of a	52210
skilled nursing facility, nursing facility, or intermediate care	52211
facility for the mentally retarded.	52212

(6) No individual may receive prevocational, educational, or	52213
supported employment services under a component if the individual	52214
is eligible for such services that are funded with federal funds	52215
provided under 29 U.S.C. 730 or the "Individuals with Disabilities	52216
Education Act," 111 Stat. 37 (1997), 20 U.S.C. 1400, as amended.	52217

(7) Safeguards shall be taken to protect the health and	52218
welfare of individuals receiving services under a component,	52219
including safeguards established in rules adopted under section	52220
5111.85 of the Revised Code and safeguards established by	52221
licensing and certification requirements that are applicable to	52222
the providers of that component's services.	52223

(8) No services may be provided under a component by a	52224
provider that is subject to standards that 42 U.S.C. 1382e(e)(1)	52225
requires be established if the provider fails to comply with the	52226
standards applicable to the provider.	52227

(9) Individuals determined to be eligible for a component, or	52228
such individuals' representatives, shall be informed of that	52229
component's services, including any choices that the individual or	52230
representative may make regarding the component's services, and	52231
given the choice of either receiving services under that component	52232
or, as appropriate, hospital, nursing facility, or intermediate	52233
care facility for the mentally retarded services.	52234

Sec. 5111.852. The department of job and family services may	52235
review and approve, modify, or deny written plans of care and	52236
individual service plans that section 5111.851 of the Revised Code	52237
requires be created for individuals determined eligible for a home	52238
and community-based services medicaid waiver component. If a state	52239
agency or political subdivision contracts with the department	52240
under section 5111.91 of the Revised Code to administer a home and	52241
community-based services medicaid waiver component and approves,	52242
modifies, or denies a written plan of care or individual service	52243
plan pursuant to the agency's or subdivision's administration of	52244
the component, the department may review the agency's or	52245
subdivision's approval, modification, or denial and order the	52246
agency or subdivision to reverse or modify the approval,	52247
modification, or denial. The state agency or political subdivision	52248
shall comply with the department's order.	52249

The department of job and family services shall be granted	52250
full and immediate access to any records the department needs to	52251
implement its duties under this section.	52252

Sec. 5111.853. Each administrative agency shall maintain,	52253
for a period of time the department of job and family services	52254
shall specify, financial records documenting the costs of services	52255
provided under the home and community-based services medicaid	52256
waiver components that the agency administers, including records	52257
of independent audits. The administrative agency shall make the	52258
financial records available on request to the United States	52259
secretary of health and human services, United States comptroller	52260
general, and their designees.	52261

Sec. 5111.854. Each administrative agency is financially	52262
accountable for funds expended for services provided under the	52263
home and community-based services medicaid waiver components that	52264
the agency administers.	52265

Sec. 5111.855. Each state agency and political subdivision	52266
that enters into a contract with the department of job and family	52267
services under section 5111.91 of the Revised Code to administer a	52268
home and community-based services medicaid waiver component, or	52269
one or more aspects of such a component, shall provide the	52270
department a written assurance that the agency or subdivision will	52271
not violate any of the requirements of sections 5111.85 to	52272
5111.854 of the Revised Code.	52273

Sec. 5111.856. To the extent necessary for the efficient and	52274
economical administration of medicaid waiver components, the	52275
department of job and family services may transfer an individual	52276
enrolled in a medicaid waiver component administered by the	52277
department to another medicaid waiver component the department	52278
administers if the individual is eligible for the medicaid waiver	52279
component and the transfer does not jeopardize the individual's	52280
health or safety.	52281

~~Sec. 5111.97.~~ Sec. 5111.86. (A) As used in this section:

52282

(1) "Hospital" has the same meaning as in section 3727.01 of	52283
the Revised Code.	52284

(2) "Medicaid waiver component" has the same meaning as in	52285
section 5111.85 of the Revised Code.	52286

(3) "Nursing facility" has the same meaning as in section	52287
5111.20 of the Revised Code.	52288

(4) "Ohio home care program" means the program the department	52289
of job and family services administers that provides state plan	52290
services and medicaid waiver component services pursuant to rules	52291
adopted under sections 5111.01 and 5111.02 of the Revised Code and	52292
a medicaid waiver that went into effect July 1, 1998.	52293

(B) The director of job and family services may submit a	52294
~~request~~requests to the United States secretary of health and	52295
human services pursuant to section 1915 of the "Social Security	52296
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain	52297
waivers of federal medicaid requirements that would otherwise be	52298
violated in the creation and implementation of two or more	52299
medicaid waiver components under which home and community-based	52300
services ~~programs to replace the Ohio home care program being~~	52301
~~operated pursuant to rules adopted under sections 5111.01 and~~	52302
~~5111.02 of the Revised Code and a medicaid waiver granted prior to~~	52303
~~the effective date of this section~~are provided to eligible	52304
individuals who need the level of care provided by a nursing	52305
facility or hospital. In the ~~request~~requests, the director may	52306
specify the following:	52307

(1) ~~That one of the replacement programs will provide home~~	52308
~~and community-based services to individuals in need of nursing~~	52309
~~facility care, including individuals enrolled in the Ohio home~~	52310
~~care program;~~	52311

~~(2) That the other replacement program will provide services~~	52312
~~to individuals in need of hospital care, including individuals~~	52313
~~enrolled in the Ohio home care program;~~	52314

~~(3) That there will be a~~The maximum number of individuals	52315
who may be enrolled in ~~the replacement programs in addition to the~~	52316
~~number of individuals to be transferred from the Ohio home care~~	52317
~~program~~each of the medicaid waiver components included in the	52318
requests;	52319

~~(4) That there will be a~~(2) The maximum amount the	52320
~~department~~medicaid program may expend each year for each	52321
individual enrolled in the ~~replacement programs~~medicaid waiver	52322
components;	52323

(~~5) That there will be a~~(3) The maximum ~~aggregate~~ amount the	52324
~~department~~medicaid program may expend each year for all	52325
individuals enrolled in the ~~replacement programs~~medicaid waiver	52326
components;	52327

~~(6)~~(4) Any other ~~requirement~~requirements the director	52328
selects for the ~~replacement programs~~medicaid waiver components.	52329

~~(B)~~(C) If the secretary ~~grants~~approves the medicaid waivers	52330
requested under this section, the director may create and	52331
implement the ~~replacement programs~~medicaid waiver components in	52332
accordance with the provisions of the approved waivers ~~granted~~.	52333
The department of job and family services shall administer the	52334
~~replacement programs~~medicaid waiver components.	52335

~~As the replacement programs are implemented, the director~~	52336
~~shall reduce the maximum number of individuals who may be enrolled~~	52337
~~in the Ohio home care program by the number of individuals who are~~	52338
~~transferred to the replacement programs. When all individuals who~~	52339
~~are eligible to be transferred to the replacement programs have~~	52340
~~been transferred, the director may submit to the secretary an~~	52341
~~amendment to the state medicaid plan to provide for the~~	52342
~~elimination of the Ohio home care program.~~	52343

After the first of any medicaid waiver components created	52344
under this section begins to enroll eligible individuals, the	52345
director may submit to the United States secretary of health and	52346
human services an amendment to a medicaid waiver component of the	52347
Ohio home care program authorizing the department to cease	52348
enrolling additional individuals in that medicaid waiver component	52349
of the Ohio home care program. If the secretary approves the	52350
amendment, the director may cease to enroll additional individuals	52351
in that medicaid waiver component of the Ohio home care program.	52352

Sec. 5111.87. (A) As used in this section and section	52353
5111.871 of the Revised Code~~, "intermediate~~:	52354

(1) "Intermediate care facility for the mentally retarded"	52355
has the same meaning as in section 5111.20 of the Revised Code.	52356

(2) "Medicaid waiver component" has the same meaning as in	52357
section 5111.85 of the Revised Code.	52358

(B) The director of job and family services may apply to the	52359
United States secretary of health and human services for both of	52360
the following:	52361

(1) One or more medicaid ~~waivers~~waiver components under	52362
which home and community-based services are provided to	52363
individuals with mental retardation or other developmental	52364
disability as an alternative to placement in an intermediate care	52365
facility for the mentally retarded;	52366

(2) One or more medicaid ~~waivers~~waiver components under	52367
which home and community-based services are provided in the form	52368
of ~~either or both~~any of the following:	52369

(a) Early intervention and supportive services for children	52370
under three years of age ~~that are provided or arranged by county~~	52371
~~boards of mental retardation and~~who have developmental delays or	52372
disabilities the director determines are significant;	52373

(b) Therapeutic services for children who have autism ~~and are~~	52374
~~under six years of age at the time of enrollment~~;	52375

(c) Specialized habilitative services for individuals who are	52376
eighteen years of age or older and have autism.	52377

(C) No medicaid waiver component authorized by division	52378
(B)(2)(b) or (c) of this section shall provide services that are	52379
available under another medicaid waiver component. No medicaid	52380
waiver component authorized by division (B)(2)(b) of this section	52381
shall provide services to an individual that the individual is	52382
eligible to receive through an individualized education program as	52383
defined in section 3323.01 of the Revised Code.	52384

(D) The director of mental retardation and developmental	52385
disabilities or director of health may request that the director	52386
of job and family services apply for one or more medicaid waivers	52387
under this section.	52388

~~(D)~~(E) Before applying for a waiver under this section, the	52389
director of job and family services shall seek, accept, and	52390
consider public comments.	52391

Sec. 5111.871. The department of job and family services	52392
shall enter into a contract with the department of mental	52393
retardation and developmental disabilities under section 5111.91	52394
of the Revised Code with regard to one or more of the components	52395
of the medicaid program established by the department of job and	52396
family services under one or more of the medicaid waivers sought	52397
under section 5111.87 of the Revised Code. The contract shall	52398
provide for the department of mental retardation and developmental	52399
disabilities to administer the components in accordance with the	52400
terms of the waivers. The directors of job and family services and	52401
mental retardation and developmental disabilities shall adopt	52402
rules in accordance with Chapter 119. of the Revised Code	52403
governing the components.	52404

If the department of mental retardation and developmental	52405
disabilities or the department of job and family services denies	52406
an individual's application for home and community-based services	52407
provided under any of these medicaid components, the department	52408
that denied the services shall give timely notice to the	52409
individual that the individual may request a hearing under section	52410
5101.35 of the Revised Code.	52411

The departments of mental retardation and developmental	52412
disabilities and job and family services may approve, reduce,	52413
deny, or terminate a service included in the individualized	52414
service plan developed for a medicaid recipient eligible for home	52415
and community-based services provided under any of these medicaid	52416
components. The departments shall consider the recommendations a	52417
county board of mental retardation and developmental disabilities	52418
makes under division (A)(1)(c) of section 5126.055 of the Revised	52419
Code. If either department approves, reduces, denies, or	52420
terminates a service, that department shall give timely notice to	52421
the medicaid recipient that the recipient may request a hearing	52422
under section 5101.35 of the Revised Code.	52423

If supported living or residential services, as defined in	52424
section 5126.01 of the Revised Code, are to be provided under any	52425
of these components, any person or government entity with a	52426
current, valid medicaid provider agreement and a current, valid	52427
license under section 5123.19 or certificate under section	52428
~~5123.045~~5123.16 or 5126.431 of the Revised Code may provide the	52429
services.	52430

Sec. 5111.88. (A) As used in sections 5111.88 to 5111.889 of	52431
the Revised Code:	52432

"Administrative agency" means the department of job and	52433
family services or, if the department assigns the day-to-day	52434
administration of the ICF/MR deinstitutionalization waiver program	52435
to the department of mental retardation and developmental	52436
disabilities pursuant to section 5111.888 of the Revised Code, the	52437
department of mental retardation and developmental disabilities.	52438

"Deinstitutionalized services" means services specified in	52439
rules adopted under section 5111.85 of the Revised Code provided	52440
under the ICF/MR deinstitutionalization waiver program.	52441

"ICF/MR deinstitutionalization waiver program" means the	52442
medicaid waiver component authorized by a waiver sought under	52443
division (B)(1) of this section.	52444

"ICF/MR services" means intermediate care facility for the	52445
mentally retarded services covered by the medicaid program that an	52446
intermediate care facility for the mentally retarded provides to a	52447
resident of the facility who is a medicaid recipient eligible for	52448
medicaid-covered intermediate care facility for the mentally	52449
retarded services.	52450

"Intermediate care facility for the mentally retarded" has	52451
the same meaning as in section 5111.20 of the Revised Code.	52452

"Medicaid waiver component" has the same meaning as in	52453
section 5111.85 of the Revised Code.	52454

(B) Not later than January 1, 2007, the director of job and	52455
family services shall submit both of the following to the United	52456
States secretary of health and human services:	52457

(1) An application for a waiver authorizing a medicaid waiver	52458
component under which intermediate care facilities for the	52459
mentally retarded, other than such facilities operated by the	52460
department of mental retardation and developmental disabilities,	52461
convert from providing intermediate care facility for the mentally	52462
retarded services to providing deinstitutionalized services and	52463
individuals with mental retardation or a developmental disability	52464
who would receive intermediate care facility for the mentally	52465
retarded services if those services were available to the	52466
individuals receive instead deinstitutionalized services;	52467

(2) An amendment to the state medicaid plan to do both of the	52468
following:	52469

(a) Authorize the director, beginning on the first day that	52470
the ICF/MR deinstitutionalization waiver program begins	52471
implementation under section 5111.881 of the Revised Code, to	52472
refuse to enter into or amend a medicaid provider agreement with	52473
the operator of an intermediate care facility for the mentally	52474
retarded if the provider agreement or amendment would authorize	52475
the operator to receive medicaid payments for more intermediate	52476
care facility for the mentally retarded beds than the operator	52477
receives on the day before that day;	52478

(b) Provide that intermediate care facility for the mentally	52479
retarded services may be provided only by intermediate care	52480
facilities for the mentally retarded operated by the department of	52481
mental retardation and developmental disabilities beginning on the	52482
date that the ICF/MR deinstitutionalization waiver program begins	52483
to be implemented statewide pursuant to section 5111.883 of the	52484
Revised Code.	52485

(C) The director is not required to submit the application	52486
for the ICF/MR deinstitutionalization waiver program under	52487
division (B)(1) of this section and the amendment to the state	52488
medicaid plan under division (B)(2) of this section at the same	52489
time.	52490

Sec. 5111.881. If the United States secretary of health and	52491
human services approves the waiver requested under division (B)(1)	52492
of section 5111.88 of the Revised Code, the administrative agency	52493
shall phase in the implementation of the ICF/MR	52494
deinstitutionalization waiver program by starting with an initial	52495
testing phase. During the initial testing phase, the	52496
administrative agency shall do all of the following:	52497

(A) Permit no more than two hundred individuals to	52498
participate in the program at one time;	52499

(B) Select, from among volunteers only, enough intermediate	52500
care facilities for the mentally retarded to convert from	52501
providing ICF/MR services to providing deinstitutionalized	52502
services as necessary to accommodate each individual participating	52503
in the program during the initial testing phase and ensure that	52504
the facilities selected for conversion cease to provide any ICF/MR	52505
services once the conversion takes place;	52506

(C) Subject to division (A) of this section, permit	52507
individuals who reside in an intermediate care facility for the	52508
mentally retarded that converts to providing deinstitutionalized	52509
services to choose whether to participate in the program or to	52510
transfer to another intermediate care facility for the mentally	52511
retarded that is not converting during the initial testing phase;	52512

(D) Ensure that no individual receiving ICF/MR services on	52513
the effective date of this section suffers an interruption in	52514
medicaid-covered services that the individual is eligible to	52515
receive;	52516

(E) Collect information as necessary to be able to conduct	52517
the evaluation required by section 5111.882 of the Revised Code;	52518

(F) Make adjustments to the program that the administrative	52519
agency and, if the administrative agency is not the department of	52520
job and family services, the department agree are both necessary	52521
for the program to be implemented effectively statewide and	52522
consistent with the terms of the waiver authorizing the program.	52523

Sec. 5111.882. (A) The administrative agency shall conduct	52524
an evaluation of the ICF/MR deinstitutionalization waiver program	52525
during its initial testing phase. The administrative agency shall	52526
examine all of the following as part of the evaluation:	52527

(1) The deinstitutionalized services' effectiveness in	52528
meeting the health and welfare needs of the individuals	52529
participating in the program as identified in the individuals'	52530
written individual service plan;	52531

(2) The satisfaction of the individuals participating in the	52532
program with the deinstitutionalized services;	52533

(3) The impact that the conversion from providing ICF/MR	52534
services to providing deinstitutionalized services has on the	52535
intermediate care facilities for the mentally retarded that	52536
convert during the initial testing phase;	52537

(4) The program's cost effectiveness, including	52538
administrative cost effectiveness;	52539

(5) Feedback about the program from the individuals	52540
participating in the program, such individuals' families and	52541
guardians, county boards of mental retardation and developmental	52542
disabilities, and providers of deinstitutionalized services;	52543

(6) Other matters the administrative agency considers	52544
appropriate for evaluation.	52545

(B) The administrative agency shall prepare a report of the	52546
evaluation conducted under this section and provide a copy of the	52547
report to the governor. The administrative agency shall include in	52548
the report recommendations for changes to the ICF/MR	52549
deinstitutionalization waiver program that the administrative	52550
agency and, if the administrative agency is not the department of	52551
job and family services, the department develops as a result of	52552
the evaluation.	52553

Sec. 5111.883. (A) Subject to division (B) of this section,	52554
the initial testing phase of the ICF/MR deinstitutionalization	52555
waiver program shall end, and the program shall begin to be	52556
implemented statewide, when the administrative agency and, if the	52557
department of job and family services is not the administrative	52558
agency, the department agrees that the program can be implemented	52559
effectively statewide.	52560

(B) Before the administrative agency implements the ICF/MR	52561
deinstitutionalization waiver program statewide, the	52562
administrative agency shall seek the governor's approval. The	52563
program may not be implemented statewide without the governor's	52564
approval.	52565

Sec. 5111.884. Each individual participating in the ICF/MR	52566
deinstitutionalization waiver program shall receive	52567
deinstitutionalized services pursuant to a written individual	52568
service plan that shall be created for the individual. The	52569
individual service plan shall provide for the individual to	52570
receive deinstitutionalized services as necessary to meet the	52571
individual's health and welfare needs.	52572

Sec. 5111.885. Each individual participating in the ICF/MR	52573
deinstitutionalization waiver program has the right to choose the	52574
qualified and willing provider from which the individual will	52575
receive deinstitutionalized services.	52576

Sec. 5111.886. The administrative agency shall inform each	52577
individual participating in the ICF/MR deinstitutionalization	52578
waiver program of the individual's right to a state hearing under	52579
section 5101.35 of the Revised Code regarding a decision or order	52580
the administrative agency makes concerning the individual's	52581
participation in the program.	52582

Sec. 5111.887. The department of mental retardation and	52583
developmental disabilities may not convert any of the intermediate	52584
care facilities for the mentally retarded that the department	52585
operates to a provider of deinstitutionalized services.	52586

Sec. 5111.888. (A) If the United States secretary of health	52587
and human services approves the waiver requested under division	52588
(B)(1) of section 5111.88 of the Revised Code, the department of	52589
job and family services may do both of the following:	52590

(1) Contract with the department of mental retardation and	52591
developmental disabilities under section 5111.91 of the Revised	52592
Code to assign the day-to-day administration of the ICF/MR	52593
deinstitutionalization waiver program to the department of mental	52594
retardation and developmental disabilities;	52595

(2) Transfer funds to pay for the nonfederal share of the	52596
costs of the ICF/MR deinstitutionalization waiver program to the	52597
department of mental retardation and developmental disabilities.	52598

(B) If the department of job and family services takes both	52599
actions authorized by division (A) of this section, the department	52600
of mental retardation and developmental disabilities shall be	52601
responsible for paying the nonfederal share of the costs of the	52602
ICF/MR deinstitutionalization waiver program.	52603

Sec. 5111.889. The director of job and family services shall	52604
adopt rules under section 5111.85 of the Revised Code as necessary	52605
to implement the ICF/MR deinstitutionalization waiver program,	52606
including rules establishing both of the following:	52607

(A) The type, amount, duration, and scope of services	52608
provided under the program;	52609

(B) The amount the program pays for the services or the	52610
method by which the amount is determined.	52611

Sec. 5111.89. (A) As used in sections 5111.89 to 5111.893 of	52612
the Revised Code:	52613

"Assisted living program" means the medicaid waiver component	52614
for which the director of job and family services is authorized by	52615
this section to request a medicaid waiver.	52616

"Assisted living services" means the following home and	52617
community-based services: personal care, homemaker, chore,	52618
attendant care, companion, medication oversight, and therapeutic	52619
social and recreational programming.	52620

"County or district home" means a county or district home	52621
operated under Chapter 5155. of the Revised Code.	52622

"Medicaid waiver component" has the same meaning as in	52623
section 5111.85 of the Revised Code.	52624

"Nursing facility" has the same meaning as in section 5111.20	52625
of the Revised Code.	52626

"Residential care facility" has the same meaning as in	52627
section 3721.01 of the Revised Code.	52628

(B) The director of job and family services may submit a	52629
request to the United States secretary of health and human	52630
services under 42 U.S.C. 1396n to obtain a waiver of federal	52631
medicaid requirements that would otherwise be violated in the	52632
creation and implementation of a program under which assisted	52633
living services are provided to not more than one thousand eight	52634
hundred individuals who meet the program's eligibility	52635
requirements established under section 5111.891 of the Revised	52636
Code.	52637

If the secretary approves the medicaid waiver requested under	52638
this section and the director of budget and management approves	52639
the contract, the department of job and family services shall	52640
enter into a contract with the department of aging under section	52641
5111.91 of the Revised Code that provides for the department of	52642
aging to administer the assisted living program. The contract	52643
shall include an estimate of the program's costs.	52644

The director of job and family services may adopt rules under	52645
section 5111.85 of the Revised Code regarding the assisted living	52646
program. The director of aging may adopt rules under Chapter 119.	52647
of the Revised Code regarding the program that the rules adopted	52648
by the director of job and family services authorize the director	52649
of aging to adopt.	52650

Sec. 5111.891. To be eligible for the assisted living	52651
program, an individual must meet all of the following	52652
requirements:	52653

(A) Need an intermediate level of care as determined under	52654
rule 5101:3-3-06 of the Administrative Code;	52655

(B) At the time the individual applies for the assisted	52656
living program, be one of the following:	52657

(1) A nursing facility resident seeking to move to a	52658
residential care facility or county or district home;	52659

(2) A participant of any of the following medicaid waiver	52660
components who would move to a nursing facility if not for the	52661
assisted living program:	52662

(a) The PASSPORT program created under section 173.40 of the	52663
Revised Code;	52664

(b) The medicaid waiver component called the choices program	52665
that the department of aging administers;	52666

(c) A medicaid waiver component that the department of job	52667
and family services administers.	52668

(C) At the time the individual receives assisted living	52669
services under the assisted living program, reside in either of	52670
the following:	52671

(1) A residential care facility, including a residential care	52672
facility that is owned or operated by a metropolitan housing	52673
authority that has a contract with the United States department of	52674
housing and urban development to receive an operating subsidy or	52675
rental assistance for the residents of the facility;	52676

(2) A county or district home.

52677

(D) Meet all other eligibility requirements for the assisted	52678
living program established in rules adopted under section 5111.85	52679
of the Revised Code.	52680

Sec. 5111.892. A residential care facility or county or	52681
district home providing services covered by the assisted living	52682
program to an individual enrolled in the program shall have staff	52683
on-site twenty-four hours each day who are able to do all of the	52684
following:	52685

(A) Meet the scheduled and unpredicted needs of the	52686
individuals enrolled in the assisted living program in a manner	52687
that promotes the individuals' dignity and independence;	52688

(B) Provide supervision services for those individuals;

52689

52690

Sec. 5111.893. If the United States secretary of health and	52691
human services approves a medicaid waiver authorizing the assisted	52692
living program, the director of aging shall contract with a person	52693
or government entity to evaluate the program's cost effectiveness.	52694
The director shall provide the results of the evaluation to the	52695
governor, president and minority leader of the senate, and speaker	52696
and minority leader of the house of representatives not later than	52697
June 30, 2007.	52698

Sec. 5111.911. Any contract the department of job and family	52699
services enters into with the department of mental health or	52700
department of alcohol and drug addiction services under section	52701
5111.91 of the Revised Code is subject to the approval of the	52702
director of budget and management and shall require or specify all	52703
of the following:	52704

(A) In the case of a contract with the department of mental	52705
health, that section 5111.912 of the Revised Code be complied	52706
with;	52707

(B) In the case of a contract with the department of alcohol	52708
and drug addiction services, that section 5111.913 of the Revised	52709
Code be complied with;	52710

(C) How providers will be paid for providing ~~the~~alcohol,	52711
drug addiction, and mental health services covered by medicaid	52712
under the federal option of covering rehabilitative services;	52713

(D) A process for making payments to the providers;

52714

(E) The department of mental health's or department of	52715
alcohol and drug addiction services' responsibilities for	52716
reimbursing providers~~, including~~;	52717

(F) Procedures for program oversight and quality assurance.

52718

Sec. 5111.914. (A) As used in this section, "provider" has	52719
the same meaning as in section 5111.06 of the Revised Code.	52720

(B) If a state agency that enters into a contract with the	52721
department of job and family services under section 5111.91 of the	52722
Revised Code identifies that a medicaid overpayment has been made	52723
to a provider, the state agency may commence actions to recover	52724
the overpayment on behalf of the department.	52725

(C) In recovering an overpayment pursuant to this section, a	52726
state agency shall comply with the following procedures:	52727

(1) The state agency shall attempt to recover the overpayment	52728
by notifying the provider of the overpayment and requesting	52729
voluntary repayment. Not later than five business days after	52730
notifying the provider, the state agency shall notify the	52731
department in writing of the overpayment. The state agency may	52732
negotiate a settlement of the overpayment and notify the	52733
department of the settlement. A settlement negotiated by the state	52734
agency is not valid and shall not be implemented until the	52735
department has given its written approval of the settlement.	52736

(2) If the state agency is unable to obtain voluntary	52737
repayment of an overpayment, the agency shall give the provider	52738
notice of an opportunity for a hearing in accordance with Chapter	52739
119. of the Revised Code. If the provider timely requests a	52740
hearing in accordance with section 119.07 of the Revised Code, the	52741
state agency shall conduct the hearing to determine the legal and	52742
factual validity of the overpayment. On completion of the hearing,	52743
the state agency shall submit its hearing officer's report and	52744
recommendation and the complete record of proceedings, including	52745
all transcripts, to the director of job and family services for	52746
final adjudication. The director may issue a final adjudication	52747
order in accordance with Chapter 119. of the Revised Code. The	52748
state agency shall pay any attorney's fees imposed under section	52749
119.092 of the Revised Code. The department of job and family	52750
services shall pay any attorney's fees imposed under section	52751
2335.39 of the Revised Code.	52752

(D) In any action taken by a state agency under this section	52753
that requires the agency to give notice of an opportunity for a	52754
hearing in accordance with Chapter 119. of the Revised Code, if	52755
the agency gives notice of the opportunity for a hearing but the	52756
provider subject to the notice does not request a hearing or	52757
timely request a hearing in accordance with section 119.07 of the	52758
Revised Code, the agency is not required to hold a hearing. The	52759
agency may request that the director of job and family services	52760
issue a final adjudication order in accordance with Chapter 119.	52761
of the Revised Code.	52762

(E) This section does not preclude the department of job and	52763
family services from adjudicating a final fiscal audit under	52764
section 5111.06 of the Revised Code, recovering overpayments under	52765
section 5111.061 of the Revised Code, or making findings or taking	52766
other actions authorized by this chapter.	52767

Sec. 5111.915. (A) The department of job and family services	52768
shall enter into an agreement with the department of	52769
administrative services for the department of administrative	52770
services to contract through competitive selection pursuant to	52771
section 125.05 of the Revised Code with a qualified vendor	52772
pursuant to division (B) of this section to develop a computer	52773
system to collect data.	52774

This computer system shall be used to enhance fraud and abuse	52775
detection, improve program management and budgeting, and improve	52776
performance measurement capabilities of all agencies serving	52777
medicaid recipients, including the departments of aging, alcohol	52778
and drug addiction services, health, job and family services,	52779
mental health, and mental retardation and developmental	52780
disabilities.	52781

The department of administrative services shall take all	52782
necessary steps to receive and review bids for the data system	52783
within ninety days after the effective date of this section. Also	52784
within ninety days after the effective date of this section, the	52785
department of job and family services shall seek enhanced federal	52786
funding for ninety per cent of the funds required to establish the	52787
data system.	52788

(B) A qualified vendor with whom the department of	52789
administrative services contracts to implement the data system	52790
must have performed the following services prior to the department	52791
accepting the vendor's bid:	52792

(1) Successfully implemented a data system in another state;

52793

(2) Demonstrated an ability to link, at a minimum, the	52794
following data sets:	52795

(a) Medicaid;

52796

(b) Temporary assistance for needy families;

52797

52798

~~Sec. 5111.88.~~ Sec. 5111.97. (A) As used in this section and in	52799
section 5111.971 of the Revised Code, "nursing facility" has the	52800
same meaning as in section 5111.20 of the Revised Code.	52801

(B) To the extent funds are available, the director of job	52802
and family services may establish the Ohio access success project	52803
to help medicaid recipients make the transition from residing in a	52804
nursing facility to residing in a community setting. The program	52805
may be established as a separate non-medicaid program or	52806
integrated into a new or existing program of medicaid-funded home	52807
and community-based services authorized by a waiver approved by	52808
the United States department of health and human services. The	52809
department may limit the number of program participants.	52810

To be eligible for benefits under the project, a medicaid	52811
recipient must satisfy all of the following requirements:	52812

(1) Be a recipient of medicaid-funded nursing facility	52813
services, at the time of applying for the benefits;	52814

(2) Have resided continuously in a nursing facility for not	52815
less than ~~eighteen~~six months prior to applying to participate in	52816
the project;	52817

(3) Need the level of care provided by nursing facilities;

52818

(4) For participation in a non-medicaid program, receive	52819
services to remain in the community with a projected cost not	52820
exceeding eighty per cent of the average monthly medicaid cost of	52821
a medicaid recipient in a nursing facility;	52822

(5) For participation in a program established as part of a	52823
medicaid-funded home and community-based services waiver program,	52824
meet waiver enrollment criteria.	52825

(C) If the director establishes the Ohio access success	52826
project, the benefits provided under the project may include	52827
payment of all of the following:	52828

(1) The first month's rent in a community setting;

52829

(2) Rental deposits;

52830

(3) Utility deposits;

52831

(4) Moving expenses;

52832

(5) Other expenses not covered by the medicaid program that	52833
facilitate a medicaid recipient's move from a nursing facility to	52834
a community setting.	52835

(D) If the project is established as a non-medicaid program,	52836
no participant may receive more than two thousand dollars worth of	52837
benefits under the project.	52838

(E) The director may submit a request to the United States	52839
secretary of health and human services pursuant to section 1915 of	52840
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	52841
as amended, to create a medicaid home and community-based services	52842
waiver program to serve individuals who meet the criteria for	52843
participation in the Ohio access success project. The director may	52844
adopt rules under Chapter 119. of the Revised Code for the	52845
administration and operation of the program.	52846

Sec. 5111.971. (A) The director of job and family services	52847
shall submit a request to the United States secretary of health	52848
and human services for a waiver of federal medicaid requirements	52849
that would be otherwise violated in the creation of a pilot	52850
program for issuing vouchers to medicaid recipients for use by the	52851
recipients and their families or other representatives to pay for	52852
the cost of obtaining health care services outside of a nursing	52853
facility. In submitting the request, the director shall specify	52854
all of the following:	52855

(1) That the number of medicaid recipients permitted to	52856
participate in the program will not exceed two hundred;	52857

(2) That an individual will not be eligible to participate	52858
unless the individual requires a nursing facility level of care;	52859

(3) That a participant will be given a voucher in an amount	52860
not exceeding seventy-five per cent of the cost that the medicaid	52861
program would incur for care provided to the individual in a	52862
nursing facility;	52863

(4) That the services of a fiscal intermediary and other case	52864
management services will be available to the participant when	52865
needed.	52866

(B) On receipt of the waiver, the director shall enter into	52867
an interagency agreement with the director of aging to have the	52868
pilot program administered by the department of aging. Each	52869
director may adopt rules in accordance with Chapter 119. of the	52870
Revised Code as the director considers necessary to carry out the	52871
purposes of this section.	52872

Sec. 5111.98. (A) The director of job and family services	52873
may do all of the following as necessary for the department of job	52874
and family services to fulfill the duties it has, as the single	52875
state agency for the medicaid program, under the "Medicare	52876
Prescription Drug, Improvement, and Modernization Act of 2003"	52877
Pub. L. No. 108-173, 117 Stat. 2066:	52878

(1) Adopt rules;

52879

(2) Assign duties to county departments of job and family	52880
services;	52881

(3) Make payments to the United States department of health	52882
and human services from appropriations made to the department of	52883
job and family services for this purpose.	52884

(B) Rules adopted under division (A)(1) of this section shall	52885
be adopted as follows:	52886

(1) If the rules concern the department's duties regarding	52887
service providers, in accordance with Chapter 119. of the Revised	52888
Code;	52889

(2) If the rules concern the department's duties concerning	52890
individuals' eligibility for services, in accordance with section	52891
111.15 of the Revised Code;	52892

(3) If the rules concern the department's duties concerning	52893
financial and operational matters between the department and	52894
county departments of job and family services, in accordance with	52895
section 111.15 of the Revised Code as if the rules were internal	52896
management rules.	52897

Sec. 5111.99. (A) Whoever violates division (B) of section	52898
5111.26 or division ~~(D)~~(E) of section 5111.31 of the Revised Code	52899
shall be fined not less than five hundred dollars nor more than	52900
one thousand dollars for the first offense and not less than one	52901
thousand dollars nor more than five thousand dollars for each	52902
subsequent offense. Fines paid under this section shall be	52903
deposited in the state treasury to the credit of the general	52904
revenue fund.	52905

(B) Whoever violates division (D) of section 5111.61 of the	52906
Revised Code is guilty of registering a false complaint, a	52907
misdemeanor of the first degree.	52908

Sec. 5112.03. (A) The director of job and family services	52909
shall adopt, and may amend and rescind, rules in accordance with	52910
Chapter 119. of the Revised Code for the purpose of administering	52911
sections 5112.01 to 5112.21 of the Revised Code, including rules	52912
that do all of the following:	52913

(1) Define as a "disproportionate share hospital" any	52914
hospital included under subsection (b) of section 1923 of the	52915
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	52916
1396r-4(b), as amended, and any other hospital the director	52917
determines appropriate;	52918

(2) Prescribe the form for submission of cost reports under	52919
section 5112.04 of the Revised Code;	52920

(3) Establish, in accordance with division (A) of section	52921
5112.06 of the Revised Code, the assessment rate or rates to be	52922
applied to hospitals under that section;	52923

(4) Establish schedules for hospitals to pay installments on	52924
their assessments under section 5112.06 of the Revised Code and	52925
for governmental hospitals to pay installments on their	52926
intergovernmental transfers under section 5112.07 of the Revised	52927
Code;	52928

(5) Establish procedures to notify hospitals of adjustments	52929
made under division (B)(2)(b) of section 5112.06 of the Revised	52930
Code in the amount of installments on their assessment;	52931

(6) Establish procedures to notify hospitals of adjustments	52932
made under division (D) of section 5112.09 of the Revised Code in	52933
the total amount of their assessment and to adjust for the	52934
remainder of the program year the amount of the installments on	52935
the assessments;	52936

(7) Establish, in accordance with section 5112.08 of the	52937
Revised Code, the methodology for paying hospitals under that	52938
section.	52939

The director shall consult with hospitals when adopting the	52940
rules required by divisions (A)(4) and (5) of this section in	52941
order to minimize hospitals' cash flow difficulties.	52942

(B) Rules adopted under this section may provide that "total	52943
facility costs" excludes costs associated with any of the	52944
following:	52945

(1) Recipients of the medical assistance program;

52946

(2) Recipients of financial assistance provided under Chapter	52947
5115. of the Revised Code;	52948

(3) ~~Recipients of medical assistance provided under Chapter~~	52949
~~5115. of the Revised Code;~~	52950

~~(4)~~ Recipients of the program for medically handicapped	52951
children established under section 3701.023 of the Revised Code;	52952

~~(5)~~(4) Recipients of the medicare program established under	52953
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	52954
U.S.C.A. 301, as amended:	52955

~~(6)~~(5) Recipients of Title V of the "Social Security Act";

52956

~~(7)~~(6) Any other category of costs deemed appropriate by the	52957
director in accordance with Title XIX of the "Social Security Act"	52958
and the rules adopted under that title.	52959

Sec. 5112.08. The director of job and family services shall	52960
adopt rules under section 5112.03 of the Revised Code establishing	52961
a methodology to pay hospitals that is sufficient to expend all	52962
money in the indigent care pool. Under the rules:	52963

(A) The department of job and family services may classify	52964
similar hospitals into groups and allocate funds for distribution	52965
within each group.	52966

(B) The department shall establish a method of allocating	52967
funds to hospitals, taking into consideration the relative amount	52968
of indigent care provided by each hospital or group of hospitals.	52969
The amount to be allocated shall be based on any combination of	52970
the following indicators of indigent care that the director	52971
considers appropriate:	52972

(1) Total costs, volume, or proportion of services to	52973
recipients of the medical assistance program, including recipients	52974
enrolled in health insuring corporations;	52975

(2) Total costs, volume, or proportion of services to	52976
low-income patients in addition to recipients of the medical	52977
assistance program, which may include recipients of Title V of the	52978
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	52979
amended, ~~and~~ recipients of disability financial ~~or medical~~	52980
assistance provided under Chapter 5115. of the Revised Code, and	52981
recipients of disability medical assistance formerly provided	52982
under Chapter 5115. of the Revised Code;	52983

(3) The amount of uncompensated care provided by the hospital	52984
or group of hospitals;	52985

(4) Other factors that the director considers to be	52986
appropriate indicators of indigent care.	52987

(C) The department shall distribute funds to each hospital or	52988
group of hospitals in a manner that first may provide for an	52989
additional distribution to individual hospitals that provide a	52990
high proportion of indigent care in relation to the total care	52991
provided by the hospital or in relation to other hospitals. The	52992
department shall establish a formula to distribute the remainder	52993
of the funds. The formula shall be consistent with section 1923 of	52994
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	52995
be based on any combination of the indicators of indigent care	52996
listed in division (B) of this section that the director considers	52997
appropriate.	52998

(D) The department shall distribute funds to each hospital in	52999
installments not later than ten working days after the deadline	53000
established in rules for each hospital to pay an installment on	53001
its assessment under section 5112.06 of the Revised Code. In the	53002
case of a governmental hospital that makes intergovernmental	53003
transfers, the department shall pay an installment under this	53004
section not later than ten working days after the earlier of that	53005
deadline or the deadline established in rules for the governmental	53006
hospital to pay an installment on its intergovernmental transfer.	53007
If the amount in the hospital care assurance program fund and the	53008
hospital care assurance match fund created under section 5112.18	53009
of the Revised Code is insufficient to make the total	53010
distributions for which hospitals are eligible to receive in any	53011
period, the department shall reduce the amount of each	53012
distribution by the percentage by which the amount is	53013
insufficient. The department shall distribute to hospitals any	53014
amounts not distributed in the period in which they are due as	53015
soon as moneys are available in the funds.	53016

Sec. 5112.17. (A) As used in this section:

53017

(1) "Federal poverty guideline" means the official poverty	53018
guideline as revised annually by the United States secretary of	53019
health and human services in accordance with section 673 of the	53020
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	53021
U.S.C.A. 9902, as amended, for a family size equal to the size of	53022
the family of the person whose income is being determined.	53023

(2) "Third-party payer" means any private or public entity or	53024
program that may be liable by law or contract to make payment to	53025
or on behalf of an individual for health care services.	53026
"Third-party payer" does not include a hospital.	53027

(B) Each hospital that receives funds distributed under	53028
sections 5112.01 to 5112.21 of the Revised Code shall provide,	53029
without charge to the individual, basic, medically necessary	53030
hospital-level services to individuals who are residents of this	53031
state, are not recipients of the medical assistance program, and	53032
whose income is at or below the federal poverty guideline.	53033
Recipients of disability financial assistance ~~and recipients of~~	53034
~~disability medical assistance~~ provided under Chapter 5115. of the	53035
Revised Code qualify for services under this section. The director	53036
of job and family services shall adopt rules under section 5112.03	53037
of the Revised Code specifying the hospital services to be	53038
provided under this section.	53039

(C) Nothing in this section shall be construed to prevent a	53040
hospital from requiring an individual to apply for eligibility	53041
under the medical assistance program before the hospital processes	53042
an application under this section. Hospitals may bill any	53043
third-party payer for services rendered under this section.	53044
Hospitals may bill the medical assistance program, in accordance	53045
with Chapter 5111. of the Revised Code and the rules adopted under	53046
that chapter, for services rendered under this section if the	53047
individual becomes a recipient of the program. Hospitals may bill	53048
individuals for services under this section if all of the	53049
following apply:	53050

(1) The hospital has an established post-billing procedure	53051
for determining the individual's income and canceling the charges	53052
if the individual is found to qualify for services under this	53053
section.	53054

(2) The initial bill, and at least the first follow-up bill,	53055
is accompanied by a written statement that does all of the	53056
following:	53057

(a) Explains that individuals with income at or below the	53058
federal poverty guideline are eligible for services without	53059
charge;	53060

(b) Specifies the federal poverty guideline for individuals	53061
and families of various sizes at the time the bill is sent;	53062

(c) Describes the procedure required by division (C)(1) of	53063
this section.	53064

(3) The hospital complies with any additional rules the	53065
department adopts under section 5112.03 of the Revised Code.	53066

Notwithstanding division (B) of this section, a hospital	53067
providing care to an individual under this section is subrogated	53068
to the rights of any individual to receive compensation or	53069
benefits from any person or governmental entity for the hospital	53070
goods and services rendered.	53071

(D) Each hospital shall collect and report to the department,	53072
in the form and manner prescribed by the department, information	53073
on the number and identity of patients served pursuant to this	53074
section.	53075

(E) This section applies beginning May 22, 1992, regardless	53076
of whether the department has adopted rules specifying the	53077
services to be provided. Nothing in this section alters the scope	53078
or limits the obligation of any governmental entity or program,	53079
including the program awarding reparations to victims of crime	53080
under sections 2743.51 to 2743.72 of the Revised Code and the	53081
program for medically handicapped children established under	53082
section 3701.023 of the Revised Code, to pay for hospital services	53083
in accordance with state or local law.	53084

Sec. 5112.30. As used in sections 5112.30 to 5112.39 of the	53085
Revised Code~~, "intermediate~~:	53086

(A) "Intermediate care facility for the mentally retarded"	53087
has the same meaning as in section 5111.20 of the Revised Code,	53088
except that it does not include any such facility operated by the	53089
department of mental retardation and developmental disabilities.	53090

(B) "Medicaid" has the same meaning as in section 5111.01 of	53091
the Revised Code.	53092

Sec. 5112.31. The department of job and family services	53093
shall do all of the following:	53094

(A) For the purpose of providing home and community-based	53095
services for mentally retarded and developmentally disabled	53096
persons, annually assess each intermediate care facility for the	53097
mentally retarded a franchise permit fee equal to nine dollars and	53098
sixty-three cents multiplied by the product of the following:	53099

(1) The number of beds certified under Title XIX of the	53100
"Social Security Act" on the first day of May of the calendar year	53101
in which the assessment is determined pursuant to division (A) of	53102
section 5112.33 of the Revised Code;	53103

(2) The number of days in the fiscal year beginning on the	53104
first day of July of the same calendar year.	53105

(B) Beginning July 1, ~~2005~~2007, and the first day of each	53106
July thereafter, adjust fees determined under division (A) of this	53107
section in accordance with the composite inflation factor	53108
established in rules adopted under section 5112.39 of the Revised	53109
Code.	53110

(C) If the United States secretary of health and human	53111
services determines that the franchise permit fee established by	53112
sections 5112.30 to 5112.39 of the Revised Code would be an	53113
impermissible health care-related tax under section 1903(w) of the	53114
"Social Security Act," 42 U.S.C.A. 1396b(w), as amended, ~~the~~	53115
~~department shall~~ take all necessary actions to cease	53116
implementation of those sections in accordance with rules adopted	53117
under section 5112.39 of the Revised Code.	53118

Sec. 5112.341. (A) In addition to assessing a penalty	53119
pursuant to section 5112.34 of the Revised Code, the department of	53120
job and family services may do either of the following if an	53121
intermediate care facility for the mentally retarded fails to pay	53122
the full amount of a franchise permit fee installment when due:	53123

(1) Withhold an amount equal to the installment and penalty	53124
assessed under section 5112.34 of the Revised Code from a medicaid	53125
payment due the facility until the facility pays the installment	53126
and penalty;	53127

(2) Terminate the facility's medicaid provider agreement.

53128

(B) The department may withhold a medicaid payment under	53129
division (A)(1) of this section without providing notice to the	53130
intermediate care facility for the mentally retarded and without	53131
conducting an adjudication under Chapter 119. of the Revised Code.	53132

Sec. 5115.20. (A) The department of job and family services	53133
shall establish a disability advocacy program and each county	53134
department of job and family services shall establish a disability	53135
advocacy program unit or join with other county departments of job	53136
and family services to establish a joint county disability	53137
advocacy program unit. Through the program the department and	53138
county departments shall cooperate in efforts to assist applicants	53139
for and recipients of assistance under the disability financial	53140
assistance program ~~and the disability medical assistance program,~~	53141
who might be eligible for supplemental security income benefits	53142
under Title XVI of the "Social Security Act," 86 Stat. 1475	53143
(1972), 42 U.S.C.A. 1383, as amended, in applying for those	53144
benefits.	53145

As part of their disability advocacy programs, the state	53146
department and county departments may enter into contracts for the	53147
services of persons and government entities that in the judgment	53148
of the department or county department have demonstrated expertise	53149
in representing persons seeking supplemental security income	53150
benefits. Each contract shall require the person or entity with	53151
which a department contracts to assess each person referred to it	53152
by the department to determine whether the person appears to be	53153
eligible for supplemental security income benefits, and, if the	53154
person appears to be eligible, assist the person in applying and	53155
represent the person in any proceeding of the social security	53156
administration, including any appeal or reconsideration of a	53157
denial of benefits. The department or county department shall	53158
provide to the person or entity with which it contracts all	53159
records in its possession relevant to the application for	53160
supplemental security income benefits. The department shall	53161
require a county department with relevant records to submit them	53162
to the person or entity.	53163

(B) Each applicant for or recipient of disability financial	53164
assistance ~~or disability medical assistance~~ who, in the judgment	53165
of the department or a county department might be eligible for	53166
supplemental security benefits, shall, as a condition of	53167
eligibility for assistance, apply for such benefits if directed to	53168
do so by the department or county department.	53169

(C) With regard to applicants for and recipients of	53170
disability financial assistance ~~or disability medical assistance~~,	53171
each county department of job and family services shall do all of	53172
the following:	53173

(1) Identify applicants and recipients who might be eligible	53174
for supplemental security income benefits;	53175

(2) Assist applicants and recipients in securing	53176
documentation of disabling conditions or refer them for such	53177
assistance to a person or government entity with which the	53178
department or county department has contracted under division (A)	53179
of this section;	53180

(3) Inform applicants and recipients of available sources of	53181
representation, which may include a person or government entity	53182
with which the department or county department has contracted	53183
under division (A) of this section, and of their right to	53184
represent themselves in reconsiderations and appeals of social	53185
security administration decisions that deny them supplemental	53186
security income benefits. The county department may require the	53187
applicants and recipients, as a condition of eligibility for	53188
assistance, to pursue reconsiderations and appeals of social	53189
security administration decisions that deny them supplemental	53190
security income benefits, and shall assist applicants and	53191
recipients as necessary to obtain such benefits or refer them to a	53192
person or government entity with which the department or county	53193
department has contracted under division (A) of this section.	53194

(4) Require applicants and recipients who, in the judgment of	53195
the county department, are or may be aged, blind, or disabled, to	53196
apply for medical assistance under Chapter 5111. of the Revised	53197
Code, make determinations when appropriate as to eligibility for	53198
medical assistance, and refer their applications when necessary to	53199
the disability determination unit established in accordance with	53200
division (F) of this section for expedited review;	53201

(5) Require each applicant and recipient who in the judgment	53202
of the department or the county department might be eligible for	53203
supplemental security income benefits, as a condition of	53204
eligibility for disability financial assistance ~~or disability~~	53205
~~medical assistance~~, to execute a written authorization for the	53206
secretary of health and human services to withhold benefits due	53207
that individual and pay to the director of job and family services	53208
or the director's designee an amount sufficient to reimburse the	53209
state and county shares of interim assistance furnished to the	53210
individual. For the purposes of division (C)(5) of this section,	53211
"benefits" and "interim assistance" have the meanings given in	53212
Title XVI of the "Social Security Act."	53213

(D) The director of job and family services shall adopt rules	53214
in accordance with section 111.15 of the Revised Code for the	53215
effective administration of the disability advocacy program. The	53216
rules shall include all of the following:	53217

(1) Methods to be used in collecting information from and	53218
disseminating it to county departments, including the following:	53219

(a) The number of individuals in the county who are disabled	53220
recipients of disability financial assistance ~~or disability~~	53221
~~medical assistance~~;	53222

(b) The final decision made either by the social security	53223
administration or by a court for each application or	53224
reconsideration in which an individual was assisted pursuant to	53225
this section.	53226

(2) The type and process of training to be provided by the	53227
department of job and family services to the employees of the	53228
county department of job and family services who perform duties	53229
under this section;	53230

(3) Requirements for the written authorization required by	53231
division (C)(5) of this section.	53232

(E) The department shall provide basic and continuing	53233
training to employees of the county department of job and family	53234
services who perform duties under this section. Training shall	53235
include but not be limited to all processes necessary to obtain	53236
federal disability benefits, and methods of advocacy.	53237

(F) The department shall establish a disability determination	53238
unit and develop guidelines for expediting reviews of applications	53239
for medical assistance under Chapter 5111. of the Revised Code for	53240
persons who have been referred to the unit under division (C)(4)	53241
of this section. The department shall make determinations of	53242
eligibility for medical assistance for any such person within the	53243
time prescribed by federal regulations.	53244

(G) The department may, under rules the director of job and	53245
family services adopts in accordance with section 111.15 of the	53246
Revised Code, pay a portion of the federal reimbursement described	53247
in division (C)(5) of this section to persons or government	53248
entities that assist or represent assistance recipients in	53249
reconsiderations and appeals of social security administration	53250
decisions denying them supplemental security income benefits.	53251

(H) The director shall conduct investigations to determine	53252
whether disability advocacy programs are being administered in	53253
compliance with the Revised Code and the rules adopted by the	53254
director pursuant to this section.	53255

Sec. 5115.22. (A) If a recipient of disability financial	53256
assistance ~~or disability medical assistance~~, or an individual	53257
whose income and resources are included in determining the	53258
recipient's eligibility for the assistance, becomes possessed of	53259
resources or income in excess of the amount allowed to retain	53260
eligibility, or if other changes occur that affect the recipient's	53261
eligibility or need for assistance, the recipient shall notify the	53262
state or county department of job and family services within the	53263
time limits specified in rules adopted by the director of job and	53264
family services in accordance with section 111.15 of the Revised	53265
Code. Failure of a recipient to report possession of excess	53266
resources or income or a change affecting eligibility or need	53267
within those time limits shall be considered prima-facie evidence	53268
of intent to defraud under section 5115.23 of the Revised Code.	53269

(B) As a condition of eligibility for disability financial	53270
assistance ~~or disability medical assistance~~, and as a means of	53271
preventing or reducing the provision of assistance at public	53272
expense, each applicant for or recipient of the assistance shall	53273
make reasonable efforts to secure support from persons responsible	53274
for the applicant's or recipient's support, and from other	53275
sources, including any federal program designed to provide	53276
assistance to individuals with disabilities. The state or county	53277
department of job and family services may provide assistance to	53278
the applicant or recipient in securing other forms of financial	53279
assistance.	53280

Sec. 5115.23. As used in this section, "erroneous payments"	53281
means disability financial assistance payments ~~or disability~~	53282
~~medical assistance payments~~ made to persons who are not entitled	53283
to receive them, including payments made as a result of	53284
misrepresentation or fraud, and payments made due to an error by	53285
the recipient or by the county department of job and family	53286
services that made the payment.	53287

The department of job and family services shall adopt rules	53288
in accordance with section 111.15 of the Revised Code specifying	53289
the circumstances under which action is to be taken under this	53290
section to recover erroneous payments. The department, or a county	53291
department of job and family services at the request of the	53292
department, shall take action to recover erroneous payments in the	53293
circumstances specified in the rules. The department or county	53294
department may institute a civil action to recover erroneous	53295
payments.	53296

Whenever disability financial assistance ~~or disability~~	53297
~~medical assistance~~ has been furnished to a recipient for whose	53298
support another person is responsible, the other person shall, in	53299
addition to the liability otherwise imposed, as a consequence of	53300
failure to support the recipient, be liable for all assistance	53301
furnished the recipient. The value of the assistance so furnished	53302
may be recovered in a civil action brought by the county	53303
department of job and family services.	53304

Each county department of job and family services shall	53305
retain fifty per cent of the erroneous payments it recovers under	53306
this section. The department of job and family services shall	53307
receive the remaining fifty per cent.	53308

Sec. 5119.61. Any provision in this chapter that refers to a	53309
board of alcohol, drug addiction, and mental health services also	53310
refers to the community mental health board in an alcohol, drug	53311
addiction, and mental health service district that has a community	53312
mental health board.	53313

The director of mental health with respect to all facilities	53314
and programs established and operated under Chapter 340. of the	53315
Revised Code for mentally ill and emotionally disturbed persons,	53316
shall do all of the following:	53317

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	53318
that may be necessary to carry out the purposes of Chapter 340.	53319
and sections 5119.61 to 5119.63 of the Revised Code.	53320

(1) The rules shall include all of the following:

53321

(a) Rules governing a community mental health agency's	53322
services under section 340.091 of the Revised Code to an	53323
individual referred to the agency under division (C)(2) of section	53324
173.35 of the Revised Code;	53325

(b) For the purpose of division (A)(16) of section 340.03 of	53326
the Revised Code, rules governing the duties of mental health	53327
agencies and boards of alcohol, drug addiction, and mental health	53328
services under section 3722.18 of the Revised Code regarding	53329
referrals of individuals with mental illness or severe mental	53330
disability to adult care facilities and effective arrangements for	53331
ongoing mental health services for the individuals. The rules	53332
shall do at least the following:	53333

(i) Provide for agencies and boards to participate fully in	53334
the procedures owners and managers of adult care facilities must	53335
follow under division (A)(2) of section 3722.18 of the Revised	53336
Code;	53337

(ii) Specify the manner in which boards are accountable for	53338
ensuring that ongoing mental health services are effectively	53339
arranged for individuals with mental illness or severe mental	53340
disability who are referred by the board or mental health agency	53341
under contract with the board to an adult care facility.	53342

(c) Rules governing a board of alcohol, drug addiction, and	53343
mental health services when making a report to the director of	53344
health under section 3722.17 of the Revised Code regarding the	53345
quality of care and services provided by an adult care facility to	53346
a person with mental illness or a severe mental disability.	53347

(2) Rules may be adopted to govern the method of paying a	53348
community mental health facility, as defined in section ~~5111.022~~	53349
5111.023 of the Revised Code, for providing services listed in	53350
division (B) of that section. Such rules must be consistent with	53351
the contract entered into between the departments of job and	53352
family services and mental health under section 5111.91 of the	53353
Revised Code and include requirements ensuring appropriate service	53354
utilization.	53355

(B) Review and evaluate, and, taking into account the	53356
findings and recommendations of the board of alcohol, drug	53357
addiction, and mental health services of the district served by	53358
the program and the requirements and priorities of the state	53359
mental health plan, including the needs of residents of the	53360
district now residing in state mental institutions, approve and	53361
allocate funds to support community programs, and make	53362
recommendations for needed improvements to boards of alcohol, drug	53363
addiction, and mental health services;	53364

(C) Withhold state and federal funds for any program, in	53365
whole or in part, from a board of alcohol, drug addiction, and	53366
mental health services in the event of failure of that program to	53367
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	53368
or 5119.62 of the Revised Code or rules of the department of	53369
mental health. The director shall identify the areas of	53370
noncompliance and the action necessary to achieve compliance. The	53371
director shall offer technical assistance to the board to achieve	53372
compliance. The director shall give the board a reasonable time	53373
within which to comply or to present its position that it is in	53374
compliance. Before withholding funds, a hearing shall be conducted	53375
to determine if there are continuing violations and that either	53376
assistance is rejected or the board is unable to achieve	53377
compliance. Subsequent to the hearing process, if it is determined	53378
that compliance has not been achieved, the director may allocate	53379
all or part of the withheld funds to a public or private agency to	53380
provide the services not in compliance until the time that there	53381
is compliance. The director shall establish rules pursuant to	53382
Chapter 119. of the Revised Code to implement this division.	53383

(D) Withhold state or federal funds from a board of alcohol,	53384
drug addiction, and mental health services that denies available	53385
service on the basis of religion, race, color, creed, sex,	53386
national origin, age, disability as defined in section 4112.01 of	53387
the Revised Code, developmental disability, or the inability to	53388
pay;	53389

(E) Provide consultative services to community mental health	53390
agencies with the knowledge and cooperation of the board of	53391
alcohol, drug addiction, and mental health services;	53392

(F) Provide to boards of alcohol, drug addiction, and mental	53393
health services state or federal funds, in addition to those	53394
allocated under section 5119.62 of the Revised Code, for special	53395
programs or projects the director considers necessary but for	53396
which local funds are not available;	53397

(G) Establish criteria by which a board of alcohol, drug	53398
addiction, and mental health services reviews and evaluates the	53399
quality, effectiveness, and efficiency of services provided	53400
through its community mental health plan. The criteria shall	53401
include requirements ensuring appropriate service utilization. The	53402
department shall assess a board's evaluation of services and the	53403
compliance of each board with this section, Chapter 340. or	53404
section 5119.62 of the Revised Code, and other state or federal	53405
law and regulations. The department, in cooperation with the	53406
board, periodically shall review and evaluate the quality,	53407
effectiveness, and efficiency of services provided through each	53408
board. The department shall collect information that is necessary	53409
to perform these functions.	53410

(H) Develop and operate a community mental health information	53411
system.	53412

Boards of alcohol, drug abuse, and mental health services	53413
shall submit information requested by the department in the form	53414
and manner prescribed by the department. Information collected by	53415
the department shall include, but not be limited to, all of the	53416
following:	53417

(1) Information regarding units of services provided in whole	53418
or in part under contract with a board, including diagnosis and	53419
special needs, demographic information, the number of units of	53420
service provided, past treatment, financial status, and service	53421
dates in accordance with rules adopted by the department in	53422
accordance with Chapter 119. of the Revised Code;	53423

(2) Financial information other than price or price-related	53424
data regarding expenditures of boards and community mental health	53425
agencies, including units of service provided, budgeted and actual	53426
expenses by type, and sources of funds.	53427

Boards shall submit the information specified in division	53428
(H)(1) of this section no less frequently than annually for each	53429
client, and each time the client's case is opened or closed. The	53430
department shall not collect any information for the purpose of	53431
identifying by name any person who receives a service through a	53432
board of alcohol, drug addiction, and mental health services,	53433
except as required by state or federal law to validate appropriate	53434
reimbursement. For the purposes of division (H)(1) of this	53435
section, the department shall use an identification system that is	53436
consistent with applicable nationally recognized standards.	53437

(I) Review each board's community mental health plan	53438
submitted pursuant to section 340.03 of the Revised Code and	53439
approve or disapprove it in whole or in part. Periodically, in	53440
consultation with representatives of boards and after considering	53441
the recommendations of the medical director, the director shall	53442
issue criteria for determining when a plan is complete, criteria	53443
for plan approval or disapproval, and provisions for conditional	53444
approval. The factors that the director considers may include, but	53445
are not limited to, the following:	53446

(1) The mental health needs of all persons residing within	53447
the board's service district, especially severely mentally	53448
disabled children, adolescents, and adults;	53449

(2) The demonstrated quality, effectiveness, efficiency, and	53450
cultural relevance of the services provided in each service	53451
district, the extent to which any services are duplicative of	53452
other available services, and whether the services meet the needs	53453
identified above;	53454

(3) The adequacy of the board's accounting for the	53455
expenditure of funds.	53456

If the director disapproves all or part of any plan, the	53457
director shall provide the board an opportunity to present its	53458
position. The director shall inform the board of the reasons for	53459
the disapproval and of the criteria that must be met before the	53460
plan may be approved. The director shall give the board a	53461
reasonable time within which to meet the criteria, and shall offer	53462
technical assistance to the board to help it meet the criteria.	53463

If the approval of a plan remains in dispute thirty days	53464
prior to the conclusion of the fiscal year in which the board's	53465
current plan is scheduled to expire, the board or the director may	53466
request that the dispute be submitted to a mutually agreed upon	53467
third-party mediator with the cost to be shared by the board and	53468
the department. The mediator shall issue to the board and the	53469
department recommendations for resolution of the dispute. Prior to	53470
the conclusion of the fiscal year in which the current plan is	53471
scheduled to expire, the director, taking into consideration the	53472
recommendations of the mediator, shall make a final determination	53473
and approve or disapprove the plan, in whole or in part.	53474

Sec. 5120.09. Under the supervision and control of the	53475
director of rehabilitation and correction, the division of	53476
business administration shall do all of the following:	53477

(A) Submit the budgets for the several divisions of the	53478
department of rehabilitation and correction, as prepared by the	53479
respective chiefs of those divisions, to the director. The	53480
director, with the assistance of the chief of the division of	53481
business administration, shall compile a departmental budget that	53482
contains all proposals submitted by the chiefs of the divisions	53483
and shall forward the departmental budget to the governor with	53484
comments and recommendations that the director considers	53485
necessary.	53486

(B) Maintain accounts and records and compile statistics that	53487
the director prescribes;	53488

(C) Under the control of the director, coordinate and make	53489
the necessary purchases and requisitions for the department and	53490
its divisions, except as provided under section 5119.16 of the	53491
Revised Code;	53492

(D) Administer within this state federal criminal justice	53493
acts that the governor requires the department to administer. In	53494
order to improve the criminal justice system of this state, the	53495
division of business administration shall apply for, allocate,	53496
disburse, and account for grants that are made available pursuant	53497
to those federal criminal justice acts and grants that are made	53498
available from other federal government sources, state government	53499
sources, or private sources. As used in this division, "criminal	53500
justice system" and "federal criminal justice acts" have the same	53501
meanings as in section ~~181.51~~5502.61 of the Revised Code.	53502

(E) Audit the activities of governmental entities, persons as	53503
defined in section 1.59 of the Revised Code, and other types of	53504
nongovernmental entities that are financed in whole or in part by	53505
funds that the department allocates or disburses and that are	53506
derived from grants described in division (D) of this section;	53507

(F) Enter into contracts, including contracts with federal,	53508
state, or local governmental entities, persons as defined in	53509
section 1.59 of the Revised Code, foundations, and other types of	53510
nongovernmental entities, that are necessary for the department to	53511
carry out its duties and that neither the director nor another	53512
section of the Revised Code authorizes another division of the	53513
department to enter;	53514

(G) Exercise other powers and perform other duties that the	53515
director may assign to the division of business administration.	53516

Sec. 5120.16. (A) Persons sentenced to any institution,	53517
division, or place under the control of the department of	53518
rehabilitation and correction are committed to the control, care,	53519
and custody of the department. Subject to division (B) of this	53520
section, the director of rehabilitation and correction or the	53521
director's designee may direct that persons sentenced to the	53522
department, or to any institution or place within the department,	53523
shall be conveyed initially to an appropriate facility established	53524
and maintained by the department for reception, examination,	53525
observation, and classification of the persons so sentenced. If a	53526
presentence investigation report was not prepared pursuant to	53527
section 2947.06 or 2951.03 of the Revised Code or Criminal Rule	53528
32.2 regarding any person sentenced to the department or to any	53529
institution or place within the department, the director or the	53530
director's designee may order the department's field staff to	53531
conduct an offender background investigation and prepare an	53532
offender background investigation report regarding the person. The	53533
investigation and report shall be conducted in accordance with	53534
division (A) of section 2951.03 of the Revised Code and the report	53535
shall contain the same information as a presentence investigation	53536
report prepared pursuant to that section.	53537

When the examination, observation, and classification of the	53538
person have been completed by the facility and a written report of	53539
the examination, observation, and classification is filed with the	53540
commitment papers, the director or the director's designee,	53541
subject to division (B) of this section, shall assign the person	53542
to a suitable state institution or place maintained by the state	53543
within the director's department or shall designate that the	53544
person is to be housed in a county, multicounty, municipal,	53545
municipal-county, or multicounty-municipal jail or workhouse, if	53546
authorized by section 5120.161 of the Revised Code, there to be	53547
confined, cared for, treated, trained, and rehabilitated until	53548
paroled, released in accordance with section 2929.20, 2967.05,	53549
2967.26, or 2967.28 of the Revised Code, or otherwise released	53550
under the order of the court that imposed the person's sentence.	53551
No person committed by a probate court, a trial court pursuant to	53552
section 2945.40, 2945.401, or 2945.402 of the Revised Code	53553
subsequent to a finding of not guilty by reason of insanity, or a	53554
juvenile court shall be assigned to a state correctional	53555
institution.	53556

If a person is sentenced, committed, or assigned for the	53557
commission of a felony to any one of the institutions or places	53558
maintained by the department or to a county, multicounty,	53559
municipal, municipal-county, or multicounty-municipal jail or	53560
workhouse, the department, by order duly recorded and subject to	53561
division (B) of this section, may transfer the person to any other	53562
institution, or, if authorized by section 5120.161 of the Revised	53563
Code, to a county, multicounty, municipal, municipal-county, or	53564
multicounty-municipal jail or workhouse.	53565

(B) If the case of a child who is alleged to be a delinquent	53566
child is transferred for criminal prosecution to the appropriate	53567
court having jurisdiction of the offense pursuant to section	53568
2152.12 of the Revised Code, if the child is convicted of or	53569
pleads guilty to a felony in that case, if the child is sentenced	53570
to a prison term, as defined in section 2901.01 of the Revised	53571
Code, and if the child is under eighteen years of age when	53572
delivered to the custody of the department of rehabilitation and	53573
correction, all of the following apply regarding the housing of	53574
the child:	53575

(1) Until the child attains eighteen years of age, subject to	53576
divisions (B)(2), (3), and (4) of this section, the department	53577
shall house the child in a housing unit in a state correctional	53578
institution separate from inmates who are eighteen years of age or	53579
older.	53580

(2) The department is not required to house the child in the	53581
manner described in division (B)(1) of this section if the child	53582
does not observe the rules and regulations of the institution or	53583
the child otherwise creates a security risk by being housed	53584
separately.	53585

(3) If the department receives too few inmates who are under	53586
eighteen years of age to fill a housing unit in a state	53587
correctional institution separate from inmates who are eighteen	53588
years of age or older, as described in division (B)(1) of this	53589
section, the department may house the child in a housing unit in a	53590
state correctional institution that includes both inmates who are	53591
under eighteen years of age and inmates who are eighteen years of	53592
age or older and under twenty-one years of age.	53593

(4) Upon the child's attainment of eighteen years of age, the	53594
department may house the child with the adult population of the	53595
state correctional institution.	53596

(C) The director or the director's designee shall develop a	53597
policy for dealing with problems related to infection with the	53598
human immunodeficiency virus. The policy shall include methods of	53599
identifying individuals committed to the custody of the department	53600
who are at high risk of infection with the virus and counseling	53601
those individuals.	53602

Arrangements for housing individuals diagnosed as having AIDS	53603
or an AIDS-related condition shall be made by the department based	53604
on security and medical considerations and in accordance with	53605
division (B) of this section, if applicable.	53606

Sec. 5120.48. (A) If a prisoner escapes from a state	53607
correctional institution, the managing officer of the institution,	53608
after consultation with and upon the advice of appropriate law	53609
enforcement officials, shall assign and deploy into the community	53610
appropriate staff persons necessary to apprehend the prisoner.	53611
Correctional officers and officials may carry firearms when	53612
required in the discharge of their duties in apprehending, taking	53613
into custody, or transporting to a place of confinement a prisoner	53614
who has escaped from a state correctional institution.	53615

(B) If a prisoner is released from a state correctional	53616
institution prior to the lawful end of the person's prison term or	53617
term of imprisonment, whether by error, inadvertence, fraud, or	53618
any other cause except a lawful parole, a release pursuant to	53619
section 2967.05 of the Revised Code, or a judicial release granted	53620
pursuant to section 2929.20 of the Revised Code, the managing	53621
officer of the institution, after consulting with the bureau of	53622
sentence computation, shall notify the chief of the adult parole	53623
authority, the office of victim services of the division of parole	53624
and community services, and the sentencing court of the mistaken	53625
release. Upon the direction of the chief, or the chief's designee,	53626
field officers of the authority may arrest the prisoner without a	53627
warrant and return the prisoner to the state correctional	53628
institution to complete the balance of the prisoner's sentence.	53629
The chief of the adult parole authority, or the chief's designee,	53630
may require the assistance of any peace officer or law enforcement	53631
officer in the apprehension of a prisoner of that nature.	53632

Sec. 5120.51. (A)(1) If the director of rehabilitation and	53633
correction determines that a bill introduced in the general	53634
assembly is likely to have a significant impact on the population	53635
of, or the cost of operating, any or all state correctional	53636
institutions under the administration of the department of	53637
rehabilitation and correction, the department shall prepare a	53638
population and cost impact statement for the bill, in accordance	53639
with division (A)(2) of this section.	53640

(2) A population and cost impact statement required for a	53641
bill ~~nshall~~shall estimate the increase or decrease in the	53642
correctional institution population that likely would result if	53643
the bill were enacted, shall estimate, in dollars, the amount by	53644
which revenues or expenditures likely would increase or decrease	53645
if the bill were enacted, and briefly shall explain each of the	53646
estimates.	53647

A population and cost impact statement required for a bill	53648
initially shall be prepared after the bill is referred to a	53649
committee of the general assembly in the house of origination but	53650
before the meeting of the committee at which the committee is	53651
scheduled to vote on whether to recommend the bill for passage. A	53652
copy of the statement shall be distributed to each member of the	53653
committee that is considering the bill and to the member of the	53654
general assembly who introduced it. If the bill is recommended for	53655
passage by the committee, the department shall update the	53656
statement before the bill is taken up for final consideration by	53657
the house of origination. A copy of the updated statement shall be	53658
distributed to each member of that house and to the member of the	53659
general assembly who introduced the bill. If the bill is passed by	53660
the house of origination and is introduced in the second house,	53661
the provisions of this division concerning the preparation,	53662
updating, and distribution of the statement in the house of	53663
origination also apply in the second house.	53664

(B) The governor or any member of the general assembly, at	53665
any time, may request the department to prepare a population and	53666
cost impact statement for any bill introduced in the general	53667
assembly. Upon receipt of a request, the department promptly shall	53668
prepare a statement that includes the estimates and explanations	53669
described in division (A)(2) of this section and present a copy of	53670
it to the governor or member who made the request.	53671

(C) In the preparation of a population and cost impact	53672
statement required by division (A) or (B) of this section, the	53673
department shall use a technologically sophisticated system	53674
capable of estimating future state correctional institution	53675
populations. The system shall have the capability to adjust its	53676
estimates based on actual and proposed changes in sentencing laws	53677
and trends, sentence durations, parole rates, crime rates, and any	53678
other data that affect state correctional institution populations.	53679
The department, in conjunction with the advisory committee	53680
appointed under division (E) of this section, shall review and	53681
update the data used in the system, not less than once every six	53682
months, to improve the accuracy of the system.	53683

(D) At least once every six months, the department shall	53684
provide to the correctional institution inspection committee a	53685
copy of the estimates of state correctional institution	53686
populations obtained through use of the system described in	53687
division (C) of this section and a description of the assumptions	53688
regarding sentencing laws and trends, sentence durations, parole	53689
rates, crime rates, and other relevant data that were made by the	53690
department to obtain the estimates. Additionally, a copy of the	53691
estimates and a description of the assumptions made to obtain them	53692
shall be provided, upon reasonable request, to other legislative	53693
staff, including the staff of the legislative service commission	53694
~~and the legislative budget office of the legislative service~~	53695
~~commission~~, to the office of budget and management, and to the	53696
~~office~~division of criminal justice services in the department of	53697
public safety.	53698

(E) The correctional institution inspection committee shall	53699
appoint an advisory committee to review the operation of the	53700
system for estimating future state correctional institution	53701
populations that is used by the department in the preparation of	53702
population cost impact statements pursuant to this section and to	53703
join with the department in its reviews and updating of the data	53704
used in the system under division (C) of this section. The	53705
advisory committee shall be comprised of at least one prosecuting	53706
attorney, at least one common pleas court judge, at least one	53707
public defender, at least one person who is a member or staff	53708
employee of the committee, and at least one representative of the	53709
~~office~~division of criminal justice services in the department of	53710
public safety.	53711

~~Sec. 5121.03.~~ Sec. 5121.01. As used in ~~this chapter~~sections	53712
5121.01 to 5121.21 of the Revised Code:	53713

(A) ~~Patient means a person receiving care or treatment in a~~	53714
~~program or facility that provides services to mentally ill~~	53715
~~individuals.~~	53716

~~(B)~~"The department" means the department of mental health or	53717
the department of mental retardation and developmental	53718
disabilities, whichever provides care or treatment to the ~~patient~~	53719
recipient or resident.	53720

~~(C)~~(B) "Resident" means a person admitted to an institution	53721
or other facility pursuant to Chapter 5123. of the Revised Code	53722
who is under observation or receiving habilitation and care in an	53723
institution for the mentally retarded.	53724

(C) "Community mental health services recipient" or	53725
"recipient" means a person receiving state-operated community	53726
mental health services.	53727

(D) "State-operated community mental health services" means	53728
community-based services the department of mental health operates	53729
for a board of alcohol, drug addiction, and mental health services	53730
pursuant to a community mental health plan approved under division	53731
(A)(1)(c) of section 340.03 of the Revised Code.	53732

(E) "Applicable cost" means the rate for support applicable	53733
to a ~~patient or~~ resident or recipient as specified in this	53734
section.	53735

The cost for support of ~~patients in hospitals and~~ residents	53736
in institutions under the jurisdiction of ~~the department of mental~~	53737
~~health or~~ the department of mental retardation and developmental	53738
disabilities, and of residents in private facilities or homes	53739
whose care or treatment is being paid for by the department of	53740
mental retardation and developmental disabilities, shall be based	53741
on the average per capita cost of the care and treatment of such	53742
~~patients or~~ residents. The cost of services for ~~mentally ill~~	53743
~~patients or~~ mentally retarded residents shall be computed using	53744
the projected average daily per capita cost at the ~~hospital or~~	53745
institution, or at the discretion of the department under the	53746
jurisdiction of which the ~~hospital or~~ institution is operated, the	53747
subunit thereof in which services are provided. Such costs shall	53748
be computed at least annually for the next prospective period	53749
using generally accepted governmental accounting principles. The	53750
cost of services for mentally retarded residents that are being	53751
cared for and maintained in a private facility or home under the	53752
supervision of the department of mental retardation and	53753
developmental disabilities regional offices and for which a	53754
purchase of services contract is being paid to the private	53755
facility or home by the department shall not be more than the per	53756
diem cost of the contract. The cost of services for a resident	53757
receiving pre-admission care, after-care, day-care, or routine	53758
consultation and treatment services in a community service unit	53759
under the jurisdiction of the department, shall be computed on the	53760
basis of the average cost of such services at the institution at	53761
which they are provided.	53762

The cost for support of a ~~patient receiving~~recipient of	53763
state-operated community mental health services is an amount	53764
determined using guidelines the department of mental health shall	53765
issue. The guidelines shall be based on cost-findings and	53766
rate-settings applicable to such services.	53767

The appropriate department shall annually determine the	53768
ability to pay of a ~~patient or~~ resident, recipient, or the	53769
~~patient's or~~ resident's or recipient's liable relatives and the	53770
amount that such person shall pay in accordance with section	53771
5121.04 of the Revised Code.	53772

Collections of support payments shall be made by the	53773
department of mental health and the department of mental	53774
retardation and developmental disabilities and, subject to meeting	53775
prior requirements for payment and crediting of such collections	53776
and other available receipts, in accordance with the bond	53777
proceedings applicable to obligations issued pursuant to section	53778
154.20 of the Revised Code, such collections and other available	53779
receipts designated by the director of the department of mental	53780
health and the director of the department of mental retardation	53781
and developmental disabilities for deposit in the special	53782
accounts, together with insurance contract payments provided for	53783
in division (B)(8) of section 5121.04 of the Revised Code, shall	53784
be remitted to the treasurer of state for deposit in the state	53785
treasury to the credit of the mental health operating fund and the	53786
mental retardation operating fund, which are hereby created, to be	53787
used for the general purposes of the department of mental health	53788
and the department of mental retardation and developmental	53789
disabilities. The department of mental health shall make refunds	53790
of overpayment of support charges from the mental health operating	53791
fund, and the department of mental retardation and developmental	53792
disabilities shall make refunds of overpayment of support charges	53793
from the mental retardation operating fund.	53794

~~Sec. 5121.01.~~ Sec. 5121.02. All ~~patients or~~ residents ~~of a~~	53795
~~benevolent~~admitted to an institution,or facility pursuant to	53796
Chapter 5123. of the Revised Code shall be maintained at the	53797
expense of the state. Their traveling and incidental expenses in	53798
conveying them to the institution or facility shall be paid by the	53799
county of commitment. Upon admission, the ~~patients or~~ residents	53800
shall be neatly and comfortably clothed. Thereafter, the expense	53801
of necessary clothing shall be borne by the responsible relatives	53802
or guardian if they are financially able. If not furnished, the	53803
state shall bear the expense. Any required traveling expense after	53804
admission to the institution or facility shall be borne by the	53805
state if the responsible relatives or guardian are unable to do	53806
so.	53807

~~Sec. 5121.02.~~ Sec. 5121.03. When any person is committed to an	53808
institution under the jurisdiction of ~~the department of mental~~	53809
~~health or~~ the department of mental retardation and developmental	53810
disabilities pursuant to judicial proceedings, the judge ordering	53811
such commitment shall:	53812

(A) Make a reliable report on the financial condition of such	53813
person and of each of the relatives of the person who are liable	53814
for ~~his~~the person's support, as provided in section 5121.06 of	53815
the Revised Code and rules and procedures agreed upon by ~~the~~	53816
~~director of mental health and~~ the director of mental retardation	53817
and developmental disabilities;	53818

(B) Certify to the managing officer of such institution, and	53819
the managing officer shall thereupon enter upon ~~his~~the managing	53820
officer's records the name and address of any guardian appointed	53821
and of any relative liable for such person's support under section	53822
5121.06 of the Revised Code.	53823

Sec. 5121.04. (A) The ~~department of mental health and the~~	53824
department of mental retardation and developmental disabilities	53825
shall investigate the financial condition of the ~~patients in~~	53826
~~hospitals and~~ residents in institutions, residents whose care or	53827
treatment is being paid for in a private facility or home under	53828
the control of the department of mental retardation and	53829
developmental disabilities, and of the relatives named in section	53830
5121.06 of the Revised Code as liable for the support of such	53831
~~patients or~~ residents, in order to determine the ability of any	53832
~~patient,~~ resident, or ~~such~~ relatives of residents to pay for the	53833
support of the ~~patient or~~ resident and to provide suitable	53834
clothing as required by the superintendent of the institution.	53835

The department of mental health shall investigate the	53836
financial condition of ~~patients receiving state-operated community~~	53837
~~mental health services~~recipients and of the liable relatives of	53838
recipients to determine the ~~patient's~~recipient's or relative's	53839
ability to pay for the ~~patient's~~recipient's support. In all	53840
cases, in determining ability to pay and the amount to be charged,	53841
due regard shall be had for others who may be dependent for	53842
support upon such relatives or the estate of the ~~patient~~	53843
recipient.	53844

(B) The department shall follow the provisions of this	53845
division in determining the ability to pay of a ~~patient or~~	53846
resident or recipient or the ~~patient's or~~ resident's or	53847
recipient's liable relatives and the amount to be charged such	53848
~~patient or~~ resident, recipient, or liable relatives.	53849

(1) Subject to divisions (B)(10) and (11) of this section, a	53850
~~patient or~~ resident or recipient without dependents shall be	53851
liable for the full applicable cost. A ~~patient or~~ resident or	53852
recipient without dependents who has a gross annual income equal	53853
to or exceeding the sum of the full applicable cost, plus fifty	53854
dollars per month, regardless of the source of such income, shall	53855
pay currently the full amount of the applicable cost; if the	53856
~~patient's or~~ resident's or recipient's gross annual income is less	53857
than such sum, not more than fifty dollars per month shall be kept	53858
for personal use by or on behalf of the ~~patient or~~ resident or	53859
recipient, except as permitted in the state plan for providing	53860
medical assistance under Title XIX of the "Social Security Act,"	53861
49 Stat. 620 (1935), 42 U.S.C. 301, as amended, and the balance	53862
shall be paid currently on the ~~patient's or~~ resident's or	53863
recipient's support. Subject to divisions (B)(10) and (11) of this	53864
section, the estate of a ~~patient or~~ resident or recipient without	53865
dependents shall pay currently any remaining difference between	53866
the applicable cost and the amounts prescribed in this section, or	53867
shall execute an agreement with the department for payment to be	53868
made at some future date under terms suitable to the department.	53869
However, no security interest, mortgage, or lien shall be taken,	53870
granted, or charged against any principal residence of a ~~patient~~	53871
or resident or recipient without dependents under an agreement or	53872
otherwise to secure support payments, and no foreclosure actions	53873
shall be taken on security interests, mortgages, or liens taken,	53874
granted, or charged against principal residences of ~~patients or~~	53875
residents or recipients prior to October 7, 1977.	53876

(2) The ability to pay of a ~~patient or~~ resident or recipient	53877
with dependents, or of a liable relative of a ~~patient or~~ resident	53878
or recipient either with or without dependents, shall be	53879
determined in accordance with the ~~patient's,~~ resident's,	53880
recipient's, or liable relative's income or other assets, the	53881
needs of others who are dependent on such income and other assets	53882
for support, and, if applicable, divisions (B)(10) and (11) of	53883
this section.	53884

For the first thirty days of care and treatment of each	53885
admission and for the first thirty days of care and treatment from	53886
state-operated community mental health services, but in no event	53887
for more than thirty days in any calendar year, the ~~mentally ill~~	53888
~~patient or mentally retarded~~ resident or recipient with dependents	53889
or the liable relative of a ~~mentally ill patient or a mentally~~	53890
~~retarded~~ resident or recipient either with or without dependents	53891
shall be charged an amount equal to the percentage of the average	53892
applicable cost determined in accordance with the schedule of	53893
adjusted gross annual income contained after this paragraph. After	53894
such first thirty days of care and treatment, such ~~mentally ill~~	53895
~~patient or mentally retarded~~ resident, recipient, or such liable	53896
relative shall be charged an amount equal to the percentage of a	53897
base support rate of four dollars per day for ~~mentally ill~~	53898
~~patients and mentally retarded~~ residents or recipients, as	53899
determined in accordance with the schedule of gross annual income	53900
contained after this paragraph, or in accordance with division	53901
(B)(5) of this section. Beginning January 1, 1978, the department	53902
shall increase the base rate when the consumer price index average	53903
is more than 4.0 for the preceding calendar year by not more than	53904
the average for such calendar year.	53905

Adjusted Gross Annual		53906
Income of Patient or Resident		53907
or Liable Relative (FN a)	Number of Dependents (FN b)	53908

								8 or	53909
	1	2	3	4	5	6	7	more	53910
	Rate of Support (In Percentages)								53911
$15,000 or less	--	--	--	--	--	--	--	--	53912
15,001 to 17,500	20	--	--	--	--	--	--	--	53913
17,501 to 20,000	25	20	--	--	--	--	--	--	53914
20,001 to 21,000	30	25	20	--	--	--	--	--	53915
21,001 to 22,000	35	30	25	20	--	--	--	--	53916
22,001 to 23,000	40	35	30	25	20	--	--	--	53917
23,001 to 24,000	45	40	35	30	25	20	--	--	53918
24,001 to 25,000	50	45	40	35	30	25	20	--	53919
25,001 to 26,000	55	50	45	40	35	30	25	20	53920
26,001 to 27,000	60	55	50	45	40	35	30	25	53921
27,001 to 28,000	70	60	55	50	45	40	35	30	53922
28,001 to 30,000	80	70	60	55	50	45	40	35	53923
30,001 to 40,000	90	80	70	60	55	50	45	40	53924
40,001 and over	100	90	80	70	60	55	50	45	53925

Footnote a. The ~~patient or~~ resident, recipient, or relative	53926
shall furnish a copy of the ~~patient's,~~ resident's, recipient's, or	53927
relative's federal income tax return as evidence of gross annual	53928
income.	53929

Footnote b. The number of dependents includes the liable	53930
relative but excludes ~~the patient or~~a resident in ~~the hospital or~~	53931
an institution. "Dependent" includes any person who receives more	53932
than half the person's support from the ~~patient~~resident,	53933
recipient, or the ~~patient's~~resident's or recipient's liable	53934
relative.	53935

(3) A ~~patient or~~ resident, recipient, or liable relative	53936
having medical, funeral, or related expenses in excess of four per	53937
cent of the adjusted gross annual income, which expenses were not	53938
covered by insurance, may adjust such gross annual income by	53939
reducing the adjusted gross annual income by the full amount of	53940
such expenses. Proof of such expenses satisfactory to the	53941
department must be furnished.	53942

(4) Additional dependencies may be claimed if:

53943

(a) The liable relative is blind;

53944

(b) The liable relative is over sixty-five;

53945

(c) A child is a college student with expenses in excess of	53946
fifty dollars per month;	53947

(d) The services of a housekeeper, costing in excess of fifty	53948
dollars per month, are required if the person who normally keeps	53949
house for minor children is the ~~patient or~~ resident or recipient.	53950

(5) If with respect to any ~~patient or~~ resident or recipient	53951
with dependents there is chargeable under division (B)(2) of this	53952
section less than fifty per cent of the applicable cost or, if the	53953
base support rate was used, less than fifty per cent of the amount	53954
determined by use of the base support rate, and if with respect to	53955
such ~~patient or~~ resident or recipient there is a liable relative	53956
who has an estate having a value in excess of fifteen thousand	53957
dollars or if such ~~patient or~~ resident or recipient has a	53958
dependent and an estate having a value in excess of fifteen	53959
thousand dollars, there shall be paid with respect to such ~~patient~~	53960
or resident or recipient a total of fifty per cent of the	53961
applicable cost or the base support rate amount, as the case may	53962
be, on a current basis or there shall be executed with respect to	53963
such ~~patient or~~ resident or recipient an agreement with the	53964
department for payment to be made at some future date under terms	53965
suitable to the department.	53966

(6) When a person has been a ~~patient or~~ resident or recipient	53967
for fifteen years and the support charges for which a relative is	53968
liable have been paid for the fifteen-year period, the liable	53969
relative shall be relieved of any further support charges.	53970

(7) The department shall accept voluntary payments from	53971
~~patients or~~ residents, recipients, or liable relatives whose	53972
incomes are below the minimum shown in the schedule set forth in	53973
this division. The department also shall accept voluntary payments	53974
in excess of required amounts from both liable and nonliable	53975
relatives.	53976

(8) If a ~~patient or~~ resident or recipient is covered by an	53977
insurance policy, or other contract that provides for payment of	53978
expenses for care and treatment for mental illness or mental	53979
retardation at or from an institution,or facility (including a	53980
~~hospital or~~ community service unit under the jurisdiction of the	53981
department), or state-operated community mental health service,	53982
the other provisions of this section, except divisions (B)(8),	53983
(10), and (11) of this section, and of section ~~5121.03~~5121.01 of	53984
the Revised Code shall be suspended to the extent that such	53985
insurance policy or other contract is in force, and such ~~patient~~	53986
or resident or recipient shall be charged the full amount of the	53987
applicable cost. Any insurance carrier or other third party payor	53988
providing coverage for such care and treatment shall pay for this	53989
support obligation in an amount equal to the lesser of either the	53990
applicable cost or the benefits provided under the policy or other	53991
contract. Whether or not an insured, owner of, or other person	53992
having an interest in such policy or other contract is liable for	53993
support payments under other provisions of this chapter, the	53994
insured, policy owner, or other person shall assign payment	53995
directly to the department of all assignable benefits under the	53996
policy or other contract and shall pay over to the department,	53997
within ten days of receipt, all insurance or other benefits	53998
received as reimbursement or payment for expenses incurred by the	53999
~~patient or~~ resident or recipient or for any other reason. If the	54000
insured, policy owner, or other person refuses to assign such	54001
payment to the department or refuses to pay such received	54002
reimbursements or payments over to the department within ten days	54003
of receipt, the insured's, policy owners', or other person's total	54004
liability for the services equals the applicable statutory	54005
liability for payment for the services as determined under other	54006
provisions of this chapter, plus the amounts payable under the	54007
terms of the policy or other contract. In no event shall this	54008
total liability exceed the full amount of the applicable cost.	54009
Upon its request, the department is entitled to a court order that	54010
compels the insured, owner of, or other person having an interest	54011
in the policy or other contract to comply with the assignment	54012
requirements of this division or that itself serves as a legally	54013
sufficient assignment in compliance with such requirements.	54014
Notwithstanding section 5122.31 of the Revised Code and any other	54015
law relating to confidentiality of records, the managing officer	54016
of the institution or facility where a person is or has been a	54017
~~patient o~~r resident, or the managing officer of the state-operated	54018
community mental health services from which the ~~patient~~recipient	54019
receives services, shall disclose pertinent medical information	54020
concerning the ~~patient or~~ resident or recipient to the insurance	54021
carrier or other third party payor in question, in order to effect	54022
collection from the carrier or payor of the state's claim for care	54023
and treatment under this division. For such disclosure, the	54024
managing officer is not subject to any civil or criminal	54025
liability.	54026

(9) The rate to be charged for pre-admission care,	54027
after-care, day-care, or routine consultation and treatment	54028
services shall be based upon the ability of the ~~patient or~~	54029
resident or the ~~patient's or~~ resident's liable relatives to pay.	54030
When it is determined by the department that a charge shall be	54031
made, such charge shall be computed as provided in divisions	54032
(B)(1) and (2) of this section.	54033

(10) If a ~~patient or~~ resident or recipient with or without	54034
dependents is the beneficiary of a trust created pursuant to	54035
section 1339.51 of the Revised Code, then, notwithstanding any	54036
contrary provision of this chapter or of a rule adopted pursuant	54037
to this chapter, divisions (C) and (D) of that section shall apply	54038
in determining the assets or resources of the ~~patient or~~ resident,	54039
the recipient, the ~~patient's or~~ resident's or recipient's estate,	54040
the settlor, or the settlor's estate and to claims arising under	54041
this chapter against the ~~patient or~~ resident, the recipient, the	54042
~~patient's or~~ resident's or recipient's estate, the settlor, or the	54043
settlor's estate.	54044

(11) If the department of mental retardation and	54045
developmental disabilities waives the liability of an individual	54046
and the individual's liable relatives pursuant to section 5123.194	54047
of the Revised Code, the liability of the individual and relative	54048
ceases in accordance with the waiver's terms.	54049

(C) The department may enter into agreements with a ~~patient~~	54050
or resident, a recipient, or a liable relative for support	54051
payments to be made in the future. However, no security interest,	54052
mortgage, or lien shall be taken, granted, or charged against any	54053
principal family residence of a ~~patient or~~ resident or recipient	54054
with dependents or a liable relative under an agreement or	54055
otherwise to secure support payments, and no foreclosure actions	54056
shall be taken on security interests, mortgages or liens taken,	54057
granted, or charged against principal residences of ~~patients or~~	54058
residents, recipients, or liable relatives prior to October 7,	54059
1977.	54060

(D) The department shall make all investigations and	54061
determinations required by this section within ninety days after a	54062
~~patient or~~ resident is admitted to an institution under the	54063
department's control or a ~~patient~~recipient begins to receive	54064
state-operated community mental health services, and immediately	54065
shall notify by mail the persons liable of the amount to be	54066
charged.	54067

(E) All actions to enforce the collection of payments agreed	54068
upon or charged by the department shall be commenced within six	54069
years after the date of default of an agreement to pay support	54070
charges or the date such payment becomes delinquent. If a payment	54071
is made pursuant to an agreement which is in default, a new	54072
six-year period for actions to enforce the collection of payments	54073
under such agreement shall be computed from the date of such	54074
payment. For purposes of this division an agreement is in default	54075
or a payment is delinquent if a payment is not made within thirty	54076
days after it is incurred or a payment, pursuant to an agreement,	54077
is not made within thirty days after the date specified for such	54078
payment. In all actions to enforce the collection of payment for	54079
the liability for support, every court of record shall receive	54080
into evidence the proof of claim made by the state together with	54081
all debts and credits, and it shall be prima-facie evidence of the	54082
facts contained in it.	54083

Sec. 5121.05. The department of mental health and the	54084
department of mental retardation and developmental disabilities	54085
may subpoena witnesses, take testimony under oath, and examine any	54086
public records relating to the income and other assets of a	54087
~~patient or~~ resident, recipient, or of a relative liable for such	54088
~~patient's or~~ resident's or recipient's support. All information,	54089
conclusions, and recommendations shall be submitted to the	54090
department by the investigating agent of the department. The	54091
department shall determine the amount of support to be paid, by	54092
whom, and whether clothing shall be furnished by the relatives or	54093
guardian.	54094

Sec. 5121.06. (A) The following persons other than the	54095
~~patient or~~ resident, the recipient, or the ~~patient's or~~ resident's	54096
or recipient's estate are liable relatives and all the following	54097
persons are jointly and severally liable for the support of a	54098
~~patient or~~ resident in a ~~hospital or~~ institution under the control	54099
of ~~the department of mental health or~~ the department of mental	54100
retardation and developmental disabilities or for the support of a	54101
~~patient receiving~~recipient of state-operated community mental	54102
health services:	54103

(1) The ~~patient or~~ resident, the recipient, or the ~~patient's~~	54104
or resident's or recipient's estate;	54105

(2) The ~~patient's or~~ resident's or recipient's spouse;

54106

(3) The father or mother, or both, of a minor ~~patient or~~	54107
resident or recipient under the age of eighteen years.	54108

(B) The department shall determine, pursuant to section	54109
5121.04 of the Revised Code, the amount to be charged each such	54110
liable person in the order named in this section, but shall not	54111
collect from any person more than one hundred per cent of the	54112
applicable cost.	54113

(C) An action to collect delinquent payments or to enforce	54114
agreements in default may be brought against any or all persons	54115
named in this section. To the extent parents of adult ~~patients or~~	54116
residents or recipients, pursuant to the language of this section	54117
previously in force, incurred charges for the support of such	54118
~~patients or~~ residents or recipients between the eighteenth	54119
birthday of such ~~patient or~~ resident or recipient and July 1,	54120
1975, their liability for such period may be cancelled,	54121
compromised, or settled as provided in section 5121.07 of the	54122
Revised Code.	54123

(D) Irrespective of the number of ~~patients or~~ residents or	54124
recipients whose care might be chargeable against a liable	54125
relative, no individual liable relative nor any group of liable	54126
relatives who are members of the same family unit shall be charged	54127
with the support of more than one ~~patient or~~ resident or recipient	54128
during the same period of time, and different periods of time for	54129
which such liable relative has paid the charges for such different	54130
~~patients' or~~ residents' or recipients' care and support shall be	54131
added together for the purpose of completing the maximum	54132
fifteen-year period of liability of such liable relative under	54133
division (B)(6) of section 5121.04 of the Revised Code.	54134

Sec. 5121.061. The authority of the department of mental	54135
health or the department of mental retardation and developmental	54136
disabilities to modify support charges pursuant to section 5121.04	54137
of the Revised Code shall not be exercised until the ~~patient or~~	54138
resident, recipient, or liable relative has petitioned the	54139
department for modification as provided in section 5121.07 of the	54140
Revised Code and has offered to the department satisfactory proof	54141
of ~~his~~the resident's, recipient's, or liable relative's earnings	54142
and assets. The department may modify the charges if its	54143
investigation warrants such modification.	54144

Sec. 5121.07. Any person who has been charged with the	54145
payment of the support of a ~~patient or~~ resident of any benevolent	54146
institution; for pre-admission care, after-care, day-care, or	54147
routine consultation and treatment services in a community service	54148
unit under the control of ~~the department of mental health or~~ the	54149
department of mental retardation and developmental disabilities;	54150
or for the cost of state-operated community mental health services	54151
may petition the department for a release from, or modification	54152
of, such charge, and the department, after an investigation, may	54153
cancel or modify such former charge, or may cancel, compromise, or	54154
settle any accrued liability in an amount not exceeding five	54155
thousand dollars. Amounts in excess thereof may be canceled,	54156
compromised, or settled as provided in section 131.02 of the	54157
Revised Code. The department may for due cause increase the amount	54158
previously ordered paid.	54159

Sec. 5121.08. The managing officers of the benevolent	54160
institutions under the control of ~~the department of mental health~~	54161
~~and~~ the department of mental retardation and developmental	54162
disabilities, the managing officers of state-operated community	54163
mental health services, and the committing court, if requested,	54164
shall submit to the department such information as they may obtain	54165
concerning the financial condition of any ~~patient or~~ resident,	54166
recipient, or of relatives liable for the ~~patient's or~~ resident's	54167
or recipient's support.	54168

Sec. 5121.09. In case the estate of any ~~patient or~~ resident	54169
in a benevolent institution under the jurisdiction of ~~the~~	54170
~~department of mental health or~~ the department of mental	54171
retardation and developmental disabilities or ~~receiving~~recipient	54172
of state-operated community mental health services is sufficient	54173
for the ~~patient's or~~ resident's or recipient's support, without	54174
hardship to any others who may be dependent thereon, and no	54175
guardian has been appointed for such estate, the agent of the	54176
department shall petition the probate court of the proper county	54177
to appoint a guardian.	54178

Sec. 5121.10. Upon the death of a person who is a ~~patient or~~	54179
resident, or has been a ~~patient or~~ resident, of any benevolent	54180
institution under the jurisdiction of ~~the department of mental~~	54181
~~health or~~ the department of mental retardation and developmental	54182
disabilities or of a person who is a recipient or has been a	54183
recipient of state-operated community mental health services, or	54184
~~upon the death~~ of a person responsible under section 5121.06 of	54185
the Revised Code for the support of a ~~patient or~~ resident or	54186
recipient, the department may waive the presentation of any claim	54187
for support against the estate of such decedent, when in its	54188
judgment an otherwise dependent person will be directly benefited	54189
by the estate. Claims against an estate for support of a ~~patient~~	54190
or resident or recipient are subject to section 1339.51 and	54191
Chapter 2117. of the Revised Code, and shall be treated, and may	54192
be barred, the same as the claims of other creditors of the	54193
estate, pursuant to that section or chapter.	54194

The department may accept from a guardian or trustee of a	54195
~~patient or~~ resident or recipient a contract agreeing to pay to the	54196
state from the property of the guardian's or trustee's ward before	54197
or at the death of the ward a fixed annual amount for the support	54198
of the ward while the ward is a ~~patient or~~ resident or recipient,	54199
with interest at four per cent per annum. A copy of the contract	54200
shall be filed in the probate court of the proper county and duly	54201
entered as a part of the records concerning the ward.	54202

Sec. 5121.11. The state shall bear the expense of the burial	54203
or cremation of an indigent ~~patient or~~ resident who dies in a	54204
~~state hospital for the mentally ill, or~~an institution for the	54205
mentally retarded, or in a state correctional institution, if the	54206
body is not claimed for interment or cremation at the expense of	54207
friends or relatives, or is not delivered for anatomical purposes	54208
or for the study of embalming in accordance with section 1713.34	54209
of the Revised Code. The managing officer of the institution shall	54210
provide at the grave of the person or, if the person's cremated	54211
remains are buried, at the grave of the person's cremated remains,	54212
a metal, stone, or concrete marker on which shall be inscribed the	54213
name and age of the person and the date of death.	54214

Sec. 5121.12. The support and maintenance of ~~patients~~	54215
~~confined in state hospitals for the mentally ill or of~~ residents	54216
confined in state institutions for the mentally retarded,	54217
including those transferred to them from state correctional	54218
institutions, and also including persons under indictment or	54219
conviction for crime, shall be collected and paid in accordance	54220
with this chapter.	54221

Sec. 5121.21. ~~(A)~~ If payment of any amount due the state	54222
under the provisions of Chapter 5121. of the Revised Code is made	54223
on account of a ~~patient or~~ resident or recipient by any liable	54224
relative, as defined in division (A) of section 5121.06 of the	54225
Revised Code, such relative may recover the following amounts from	54226
the following persons; provided, that in no event may such	54227
relative recover in total more than such relative has paid the	54228
state, and provided, that in no event is the person from whom	54229
recovery is sought obliged to pay at a rate of support higher than	54230
such person would have paid had the state proceeded directly	54231
against such person:	54232

~~(1)~~(A) Any liable person may recover from the ~~patient or~~	54233
resident or recipient, ~~his~~the resident's or recipient's guardian,	54234
or from the executor or administrator of the ~~patient's or~~	54235
resident's or recipient's estate, the full amount of payment made	54236
by such liable relative.	54237

~~(2)~~(B) Any liable relative may recover from the ~~patient's or~~	54238
resident's ~~husband or wife,~~or recipient's spouse the full amount	54239
of payment made by such liable relative.	54240

~~(3)~~(C) A minor ~~patient's or~~ resident's or recipient's mother	54241
may recover from such minor ~~patient's or~~ resident's or recipient's	54242
father the full amount of payment made by such mother.	54243

~~(4)~~(D) Any liable relative, other than the ~~patient's or~~	54244
resident's or recipient's spouse ~~and other than~~or a minor	54245
~~patient's or~~ resident's or recipient's parent, may recover from	54246
such ~~of a patient's or~~ resident's or recipient's adult ~~sons and~~	54247
~~daughters~~children as are liable under division (A)(4) of section	54248
5121.06 of the Revised Code, the full amount of payment made by	54249
such liable relative; provided, that there may be recovered from	54250
each such ~~son or daughter~~adult child only such proportion of the	54251
total payment as the figure one bears to the total number of such	54252
adult ~~sons and daughters~~children.	54253

~~(5)~~(E) An adult ~~patient's or~~ resident's or recipient's mother	54254
may recover from an adult ~~patient's or~~ resident's or recipient's	54255
father the full amount of payment made by such mother.	54256

Sec. 5121.30. As used in sections 5121.30 to 5121.55 of the	54257
Revised Code:	54258

(A) "Countable assets" means all of the following:

54259

(1) Cash;

54260

(2) Bank deposits;

54261

(3) Securities;

54262

(4) Individual retirement accounts;

54263

(5) Qualified employer plans, including 401(k) and Keogh	54264
plans;	54265

(6) Pension funds;

54266

(7) Annuities;

54267

(8) Funds in a trust created under section 1339.51 of the	54268
Revised Code;	54269

(9) Investment property and income;

54270

(10) The cash surrender values of life insurance policies;

54271

(11) Assets acquired by gift, bequest, devise, or	54272
inheritance;	54273

(12) Any other asset determined by the department of mental	54274
health to be equivalent to the assets enumerated in this division.	54275

(B) "Federal poverty level" or "FPL" means the income level	54276
represented by the poverty guidelines as revised annually by the	54277
United States department of health and human services in	54278
accordance with section 673(2) of the "Omnibus Reconciliation Act	54279
of 1981," 95 Stat. 511, 42 U.S.C. 9902, as amended, for a family	54280
size equal to the size of the family of the person whoseincome is	54281
being determined.	54282

(C) "Federal poverty guidelines" means the poverty guidelines	54283
as revised annually by the United States department of health and	54284
human services in accordance with section 673(2) of the "Omnibus	54285
Budget Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902,	54286
as amended, for a family size equal to the size of the family of	54287
the person whose income is being determined.	54288

(D) "Hospital" means an institution, hospital, or other place	54289
established, controlled, or supervised by the department under	54290
Chapter 5119. of the Revised Code.	54291

(E) "Liable relative" means both of the following:

54292

(1) A patient's spouse;

54293

(2) A patient's mother or father, or both, if the patient is	54294
under eighteen years of age.	54295

(F) "Patient" means a person admitted to a hospital for	54296
inpatient care or treatment.	54297

Sec. 5121.31. All patients shall be maintained at the expense	54298
of the state. The traveling and incidental expenses in conveying	54299
them to a hospital shall be paid by the county of commitment. On	54300
admission, patients shall be neatly and comfortably clothed.	54301
Thereafter, the expense of necessary clothing shall be borne by	54302
the responsible relatives or guardian if they are financially	54303
able. If not furnished, the state shall bear the expense. Any	54304
required traveling expense after admission to the hospital shall	54305
be borne by the state if the responsible relatives or guardian is	54306
unable to do so.	54307

Sec. 5121.32. On an annual basis, the department of mental	54308
health shall determine both of the following using generally	54309
accepted governmental accounting principles:	54310

(A) The applicable per diem charge for each hospital operated	54311
by the department;	54312

(B) The ancillary per diem rate for each hospital operated by	54313
the department.	54314

In determining a hospital's applicable per diem charge and	54315
ancillary per diem rate, the department shall consider the average	54316
actual per diem cost of maintaining and treating a patient at the	54317
hospital or, at the department's discretion, the average actual	54318
per diem cost of maintaining and treating a patient in a unit of	54319
the hospital.	54320

Sec. 5121.33. Except as provided in sections 5121.35,	54321
5121.43, 5121.46, 5121.47, 5121.49, and 5121.52 of the Revised	54322
Code, the department of mental health shall, for each billing	54323
cycle, charge a patient, patient's estate, or liable relative an	54324
amount equal to the sum of the following:	54325

(A) The applicable per diem charge multiplied by the number	54326
of days the patient was admitted to the hospital;	54327

(B) An amount that was previously billed but not paid.

54328

Sec. 5121.34. A patient, patient's estate, and patient's	54329
liable relatives shall be jointly and severally liable for amounts	54330
charged by the department of mental health in accordance with	54331
sections 5121.33 and 5121.35 of the Revised Code. In no case shall	54332
any of the foregoing persons be liable for more than one hundred	54333
per cent of any amount charged.	54334

Sec. 5121.35. The department of mental health shall charge a	54335
patient, patient's estate, or liable relative an amount discounted	54336
from the amount the department charges under section 5121.33 of	54337
the Revised Code if the department determines through the	54338
application process described in section 5121.36 of the Revised	54339
Code or through the financial assessment process described in	54340
section 5121.37 of the Revised Code that the patient, estate, or	54341
relative is eligible for a discount.	54342

Sec. 5121.36. (A) A patient, patient's estate, or liable	54343
relative may apply for a discount by completing an application	54344
form the director of mental health specifies in rules adopted	54345
under section 5121.55 of the Revised Code. The department of	54346
mental health may require a patient, estate, or relative to	54347
furnish any of the following with an application form:	54348

(1) A copy of the patient's, estate's, or liable relative's	54349
federal income tax return for the year preceding the date of	54350
application or, if that is not yet available, the preceding year;	54351

(2) A copy of the patient's, estate's, or liable relative's	54352
employee tax withholding return (form W-2) for the year preceding	54353
the date of application.	54354

(B) To be considered, an application must be submitted to the	54355
department not later than one hundred twenty days after the date	54356
the patient is admitted to a hospital.	54357

(C) From the information provided by a patient, estate, or	54358
relative, the department shall determine whether the department	54359
will charge the person a discounted amount in accordance with	54360
sections 5121.40 and 5121.41 of the Revised Code. In making this	54361
determination, the department shall consider whether the patient	54362
is covered by an insurance policy or other contract that provides	54363
for payment of expenses and treatment for mental illness. If the	54364
department determines that the patient has coverage, the	54365
department shall require payment in accordance with section	54366
5121.43 of the Revised Code.	54367

(D) The department shall notify the person who submitted the	54368
application form in writing regarding whether that person will be	54369
charged a discounted amount and the per diem rate to be charged.	54370

(E) In accordance with section 5121.42 of the Revised Code,	54371
the department may, at any time, modify an amount charged or	54372
change the per diem rate to be charged if the department learns of	54373
countable assets or income that was not previously disclosed or	54374
was acquired after the application form was submitted. Within a	54375
reasonable time, the department shall notify in writing any person	54376
affected by a modification or change.	54377

Sec. 5121.37. After a patient's admittance to a hospital, the	54378
department of mental health shall conduct a financial assessment	54379
to determine whether the patient, patient's estate, or liable	54380
relative will be charged an amount discounted from the amount the	54381
department charges under section 5121.33 of the Revised Code. The	54382
department shall make the determination in accordance with	54383
sections 5121.40 and 5121.41 of the Revised Code.	54384

If a discounted rate is to be charged, the department shall	54385
notify the person whose financial condition was assessed. The	54386
notice shall specify the per diem rate to be charged.	54387

In accordance with section 5121.42 of the Revised Code, the	54388
department may, at any time, modify an amount charged or change	54389
the per diem rate to be charged if the department learns of	54390
countable assets or income that was not previously disclosed or	54391
was acquired after the assessment was conducted. Within a	54392
reasonable time, the department shall notify in writing any person	54393
affected by a modification or change.	54394

Sec. 5121.38. The department of mental health may subpoena	54395
witnesses, take testimony under oath, and examine any public	54396
records relating to the income and other assets of a patient or of	54397
a relative liable for such patient's support. All information,	54398
conclusions, and recommendations shall be submitted to the	54399
department by the investigating agent of the department.	54400

Sec. 5121.39. The managing officers of the institutions	54401
under the control of the department of mental health shall submit	54402
to the department such information as they may obtain concerning	54403
the financial condition of any patient or relatives liable for the	54404
patient's support.	54405

Sec. 5121.40. (A) A patient, patient's estate, or liable	54406
relative may be eligible to be charged an amount discounted from	54407
the amount the department of mental health charges under section	54408
5121.33 of the Revised Code if the patient, estate, or relative	54409
has countable assets with a total value that is not greater than	54410
an amount equal to fifty per cent of the gross annual income that	54411
corresponds with the family size of the patient, estate, or liable	54412
relative under the federal poverty guidelines. For purposes of	54413
determining family size, the patient is one dependent. One	54414
additional dependent shall be included for each of the following	54415
circumstances and persons:	54416

(1) The patient or liable relative is legally blind or deaf;

54417

(2) The patient or liable relative is of sixty-five years of	54418
age or older;	54419

(3) Each child under eighteen years of age for which the	54420
patient or liable relative is legally responsible for support;	54421

(4) The patient's or liable relative's spouse.

54422

(B) A patient, estate, or relative may, not later than one	54423
hundred twenty days after the patient's admission to a hospital,	54424
surrender the value of countable assets sufficient to reduce	54425
countable assets to not more than the limit described in division	54426
(A) of this section.	54427

Sec. 5121.41. (A) If the assets of a patient, patient's	54428
estate, or liable relative do not exceed the countable asset limit	54429
in section 5121.40 of the Revised Code and the annual income of	54430
the patient, estate, or relative does not exceed four hundred per	54431
cent of the federal poverty level, the patient, estate, or	54432
relative shall be charged an amount discounted from the amount the	54433
department charges under section 5121.33 of the Revised Code for	54434
the first thirty days the patient is admitted as an inpatient in a	54435
hospital. The amount of the discount shall be computed according	54436
to the following schedule:	54437

Annual Gross Income

54438

Expressed as a Percentage of FPL

54439

Inpatient	1 -	176 -	200 -	250 -	300 -	350 -	54440
Days at a	175	199	249	299	349	399	54441
Hospital							54442

Percentage discount from charged amount

54443

1 - 14	100	90	70	50	30	10		54444
15 - 30	100	95	75	55	35	15		54445

(B) A patient, estate, or relative who is charged a	54446
discounted amount for the first thirty days the patient is	54447
admitted as an inpatient and who has an annual income not greater	54448
than one hundred seventy-five per cent of the federal poverty	54449
level shall not be charged for the days the patient is admitted	54450
beyond the thirtieth day.	54451

(C) A patient, estate, or relative who is charged a	54452
discounted amount for the first thirty days the patient is	54453
admitted as an inpatient and who has an annual income greater than	54454
one hundred seventy-five per cent of the federal poverty level	54455
shall be charged an amount equal to the sum of the following for	54456
the days the patient is admitted beyond the thirtieth day:	54457

(1) The ancillary per diem rate multiplied by the number of	54458
days the patient was admitted to the hospital;	54459

(2) An amount that was previously charged but not paid.

54460

Sec. 5121.42. (A) Except as provided in division (B) of this	54461
section, a patient, patient's estate, or liable relative shall	54462
cease to be eligible for a discount under sections 5121.36 or	54463
5121.37 of the Revised Code on accumulation of countable assets in	54464
excess of an amount equal to fifty per cent of the gross annual	54465
income that corresponds with the family size of the patient,	54466
estate, or relative plus one additional dependent under the	54467
federal poverty guidelines. In making this determination, an	54468
additional dependent shall be included for each of the following	54469
circumstances and persons:	54470

(1) The patient or liable relative is legally blind or deaf;

54471

(2) The patient or liable relative is over sixty-five years	54472
of age;	54473

(3) Each child under eighteen years of age for which the	54474
patient or liable relative is legally responsible for support;	54475

(4) The patient's or liable relative's spouse.

54476

(B) Money needed to meet the patient's needs and burial fund	54477
as determined by a needs assessment conducted by the department of	54478
mental health pursuant to rules adopted under section 5119.01 of	54479
the Revised Code shall be excluded from any determination the	54480
department makes under division (A) of this section.	54481

Sec. 5121.43. If a patient is covered by an insurance policy	54482
or other contract that provides for payment of expenses for care	54483
and treatment for mental illness at or from an institution,	54484
state-operated community mental health service, or facility,	54485
including a hospital or community service unit under the	54486
jurisdiction of the department of mental health, sections 5121.33	54487
to 5121.55 of the Revised Code are inapplicable to the extent that	54488
the policy or contract is in force. Any insurance carrier or other	54489
third party payor providing coverage for such care and treatment	54490
shall pay for the patient's support obligation in amounts equal to	54491
the lesser of amounts charged by the department under section	54492
5121.33 of the Revised Code or the benefits provided under the	54493
policy or other contract. Whether or not an insured, owner of, or	54494
other person having an interest in such policy or other contract	54495
is liable for support payments, the insured, policy owner, or	54496
other person shall assign payment directly to the department of	54497
all assignable benefits under the policy or other contract and	54498
shall pay to the department, within ten days of receipt, all	54499
insurance or other benefits received as reimbursement or payment	54500
for expenses incurred by the patient or for any other reason. If	54501
the insured, policy owner, or other person refuses to assign	54502
payment to the department or refuses to pay received	54503
reimbursements or payments to the department within ten days of	54504
receipt, the total liability of the insured, policy owner, or	54505
other person for the services equals the sum of the following:	54506

(A) The amount computed under section 5121.33 of the Revised	54507
Code;	54508

(B) The amounts payable under the terms of the policy or	54509
other contract.	54510

In no event shall this total liability exceed the	54511
department's actual cost of providing care and treatment to a	54512
patient. The department may disqualify patients and liable	54513
relatives who have retained third party funds for future	54514
discounts. The department may request that the attorney general	54515
petition a court of competent jurisdiction to compel the insured,	54516
owner of, or other person having an interest in the policy or	54517
contract to comply with the assignment requirements in this	54518
section.	54519

Sec. 5121.44. The department of mental health may enter into	54520
an extended payment agreement with a patient, patient's estate, or	54521
liable relative who has notified the department that the patient,	54522
estate, or relative cannot reasonably pay an amount the department	54523
has charged. In no case shall the department take a security	54524
interest, mortgage, or lien against the principal family residence	54525
of a patient or liable relative with a dependent.	54526

Sec. 5121.45. (A) For purposes of this section, "delinquent	54527
payment" means an amount owed by a patient, patient's estate, or	54528
liable relative to the department of mental health for which the	54529
person has failed to do either of the following not later than	54530
ninety days after the service associated with the charge was	54531
incurred:	54532

(1) Make payment in full;

54533

(2) Make a payment in accordance with the terms of an	54534
agreement entered into under section 5121.44 of the Revised Code.	54535

(B) An action to enforce the collection of a delinquent	54536
payment shall be commenced not later than six years after the	54537
later of the following:	54538

(1) The last date the department received money to satisfy	54539
the delinquent payment;	54540

(2) The date the charge was due.

54541

(C) In all actions to enforce the collection of delinquent	54542
payments, a court of record shall receive into evidence the proof	54543
of claim document made by the state together with all debts and	54544
credits. The proof of claim document shall be prima-facie evidence	54545
of the facts stated in the document.	54546

Sec. 5121.46. The department of mental health shall not	54547
charge a liable relative under sections 5121.33 and 5121.35 of the	54548
Revised Code who has done either of the following:	54549

(A) Paid all amounts charged by the department for the care	54550
and treatment of a particular patient for fifteen consecutive	54551
years;	54552

(B) Paid amounts charged by the department for the care and	54553
treatment of more than one patient for a total of fifteen	54554
consecutive years.	54555

Sec. 5121.47. Irrespective of the number of patients for	54556
which the department of mental health may charge a liable relative	54557
under sections 5121.33 or 5121.35 of the Revised Code, the	54558
department shall not charge a liable relative or group of liable	54559
relatives who are members of the same family unit for the support	54560
of more than one patient during the same period of time.	54561

Sec. 5121.49. (A) Any person who has been charged under	54562
section 5121.33 or 5121.35 of the Revised Code may petition the	54563
department of mental health to do the following:	54564

(1) Release the person from a charge;

54565

(2) Modify or cancel a charge.

54566

(B) The department shall respond to a petition in writing and	54567
inform the petitioner of whether a release, modification, or	54568
cancellation has been approved.	54569

Sec. 5121.50. When a patient is committed to a hospital	54570
pursuant to judicial proceedings, the judge ordering the	54571
commitment shall:	54572

(A) Make a reliable report on the financial condition of the	54573
patient and of each liable relative, as provided in rules adopted	54574
by the director of mental health;	54575

(B) Certify the report required under division (A) of this	54576
section to the managing officer of the hospital. The managing	54577
officer shall thereupon enter in the managing officer's records	54578
the name and address of any guardian appointed and of any relative	54579
liable for the patient's support.	54580

Sec. 5121.51. In case the estate of any patient in a	54581
hospital is sufficient for the patient's support, without hardship	54582
to any others who may be dependent thereon, and no guardian has	54583
been appointed for such estate, the agent of the department of	54584
mental health shall petition the probate court of the proper	54585
county to appoint a guardian.	54586

Sec. 5121.52. On the death of a person who is a patient, or	54587
has been a patient in a hospital, or on the death of a person	54588
responsible under section 5121.34 of the Revised Code for the	54589
support of a patient, the department of mental health may waive	54590
the presentation of any claim for support against the estate of	54591
such decedent, when in its judgment an otherwise dependent person	54592
will be directly benefited by the estate. Claims against an estate	54593
for support of a patient are subject to section 1339.51 and	54594
Chapter 2117. of the Revised Code, and shall be treated, and may	54595
be barred, the same as the claims of other creditors of the	54596
estate, pursuant to that section or chapter.	54597

The department of mental health may accept from a guardian or	54598
trustee of a patient a contract agreeing to pay to the state from	54599
the property of the guardian's or trustee's ward before or at the	54600
death of the ward a fixed annual amount for the support of the	54601
ward while the ward is a patient, with interest at four per cent	54602
per annum. A copy of the contract shall be filed in the probate	54603
court of the proper county and duly entered as a part of the	54604
records concerning the ward.	54605

Sec. 5121.53. The state shall bear the expense of the burial	54606
or cremation of an indigent patient who dies in a hospital if the	54607
body is not claimed for interment or cremation at the expense of	54608
friends or relatives, or is not delivered for anatomical purposes	54609
or for the study of embalming in accordance with section 1713.34	54610
of the Revised Code. The managing officer of the hospital shall	54611
provide at the grave of the patient or, if the patient's cremated	54612
remains are buried, at the grave of the patient's cremated	54613
remains, a metal, stone, or concrete marker on which shall be	54614
inscribed the name and age of the patient and the date of death.	54615

Sec. 5121.54. (A) If payment of any amount due the state	54616
under the provisions of this chapter is made on account of a	54617
patient by any liable relative, as defined in section 5121.30 of	54618
the Revised Code, the relative may recover the following amounts	54619
from the following persons; provided, that in no event may a	54620
relative recover in total more than the relative has paid the	54621
state, and provided, that in no event is the person from whom	54622
recovery is sought obliged to pay at a rate of support higher than	54623
the person would have paid had the state proceeded directly	54624
against that person:	54625

(1) A liable relative may recover from the patient, the	54626
patient's guardian, or from the executor or administrator of the	54627
patient's estate, the full amount of payment made by the liable	54628
relative.	54629

(2) A parent may recover from the patient's or resident's	54630
spouse the full amount of payment made by the parent for	54631
hospitalization that occurred during the marriage.	54632

Sec. 5121.55. The director of mental health shall adopt rules	54633
in accordance with Chapter 119. of the Revised Code regarding the	54634
application form a person must use to apply for a discount as	54635
described in section 5121.36 of the Revised Code.	54636

Sec. 5122.03. A patient admitted under section 5122.02 of	54637
the Revised Code who requests ~~his~~ release in writing, or whose	54638
release is requested in writing by ~~his~~the patient's counsel,	54639
legal guardian, parent, spouse, or adult next of kin shall be	54640
released forthwith, except that when:	54641

(A) The patient was admitted on ~~his~~the patient's own	54642
application and the request for release is made by a person other	54643
than the patient, release may be conditional upon the agreement of	54644
the patient; or	54645

(B) The chief clinical officer of the hospital, within three	54646
court days from the receipt of the request for release, files or	54647
causes to be filed with the court of the county where the patient	54648
is hospitalized or of the county where the patient is a resident,	54649
an affidavit under section 5122.11 of the Revised Code. Release	54650
may be postponed until the hearing held under section 5122.141 of	54651
the Revised Code. A telephone communication within three court	54652
days from the receipt of the request for release from the chief	54653
clinical officer to the court, indicating that the required	54654
affidavit has been mailed, is sufficient compliance with the time	54655
limit for filing such affidavit.	54656

Unless the patient is released within three days from the	54657
receipt of the request by the chief clinical officer, the request	54658
shall serve as a request for an initial hearing under section	54659
5122.141 of the Revised Code. If the court finds that the patient	54660
is a mentally ill person subject to hospitalization by court	54661
order, all provisions of this chapter with respect to involuntary	54662
hospitalization apply to such person.	54663

Judicial proceedings for hospitalization shall not be	54664
commenced with respect to a voluntary patient except pursuant to	54665
this section.	54666

Sections ~~5121.01 to 5121.10~~5121.30 to 5121.55 of the Revised	54667
Code apply to persons received in a hospital operated by the	54668
department of mental health on a voluntary application.	54669

The chief clinical officer of the hospital shall provide	54670
reasonable means and arrangements for informing patients of their	54671
rights to release as provided in this section and for assisting	54672
them in making and presenting requests for release or for a	54673
hearing under section 5122.141 of the Revised Code.	54674

Before a patient is released from a public hospital, the	54675
chief clinical officer shall, when possible, notify the board of	54676
the patient's county of residence of the patient's pending release	54677
after hethe chief clinical officer has informed the patient that	54678
the board will be so notified.	54679

Sec. 5122.31. (A) All certificates, applications, records,	54680
and reports made for the purpose of this chapter and sections	54681
2945.38, 2945.39, 2945.40, 2945.401, and 2945.402 of the Revised	54682
Code, other than court journal entries or court docket entries,	54683
and directly or indirectly identifying a patient or former patient	54684
or person whose hospitalization has been sought under this	54685
chapter, shall be kept confidential and shall not be disclosed by	54686
any person except:	54687

~~(A)~~(1) If the person identified, or the person's legal	54688
guardian, if any, or if the person is a minor, the person's parent	54689
or legal guardian, consents, and if the disclosure is in the best	54690
interests of the person, as may be determined by the court for	54691
judicial records and by the chief clinical officer for medical	54692
records;	54693

~~(B)~~(2) When disclosure is provided for in this chapter or	54694
section 5123.60 of the Revised Code;	54695

~~(C)~~(3) That hospitals, boards of alcohol, drug addiction, and	54696
mental health services, and community mental health agencies may	54697
release necessary medical information to insurers and other	54698
third-party payers, including government entities responsible for	54699
processing and authorizing payment, to obtain payment for goods	54700
and services furnished to the patient;	54701

~~(D)~~(4) Pursuant to a court order signed by a judge;

54702

~~(E)~~(5) That a patient shall be granted access to the	54703
patient's own psychiatric and medical records, unless access	54704
specifically is restricted in a patient's treatment plan for clear	54705
treatment reasons;	54706

~~(F)~~(6) That hospitals and other institutions and facilities	54707
within the department of mental health may exchange psychiatric	54708
records and other pertinent information with other hospitals,	54709
institutions, and facilities of the department, and with community	54710
mental health agencies and boards of alcohol, drug addiction, and	54711
mental health services with which the department has a current	54712
agreement for patient care or services. Records and information	54713
that may be released pursuant to this division shall be limited to	54714
medication history, physical health status and history, financial	54715
status, summary of course of treatment in the hospital, summary of	54716
treatment needs, and a discharge summary, if any.	54717

~~(G)~~(7) That a patient's family member who is involved in the	54718
provision, planning, and monitoring of services to the patient may	54719
receive medication information, a summary of the patient's	54720
diagnosis and prognosis, and a list of the services and personnel	54721
available to assist the patient and the patient's family, if the	54722
patient's treating physician determines that the disclosure would	54723
be in the best interests of the patient. No such disclosure shall	54724
be made unless the patient is notified first and receives the	54725
information and does not object to the disclosure.	54726

~~(H)~~(8) That community mental health agencies may exchange	54727
psychiatric records and certain other information with the board	54728
of alcohol, drug addiction, and mental health services and other	54729
agencies in order to provide services to a person involuntarily	54730
committed to a board. Release of records under this division shall	54731
be limited to medication history, physical health status and	54732
history, financial status, summary of course of treatment, summary	54733
of treatment needs, and discharge summary, if any.	54734

~~(I)~~(9) That information may be disclosed to the executor or	54735
the administrator of an estate of a deceased patient when the	54736
information is necessary to administer the estate;	54737

~~(J)~~(10) That records in the possession of the Ohio historical	54738
society may be released to the closest living relative of a	54739
deceased patient upon request of that relative;	54740

~~(K)~~(11) That information may be disclosed to staff members of	54741
the appropriate board or to staff members designated by the	54742
director of mental health for the purpose of evaluating the	54743
quality, effectiveness, and efficiency of services and determining	54744
if the services meet minimum standards. Information obtained	54745
during such evaluations shall not be retained with the name of any	54746
patient.	54747

~~(L)~~(12) That records pertaining to the patient's diagnosis,	54748
course of treatment, treatment needs, and prognosis shall be	54749
disclosed and released to the appropriate prosecuting attorney if	54750
the patient was committed pursuant to section 2945.38, 2945.39,	54751
2945.40, 2945.401, or 2945.402 of the Revised Code, or to the	54752
attorney designated by the board for proceedings pursuant to	54753
involuntary commitment under this chapter.	54754

~~(M)~~(13) That the department of mental health may exchange	54755
psychiatric hospitalization records, other mental health treatment	54756
records, and other pertinent information with the department of	54757
rehabilitation and correction to ensure continuity of care for	54758
inmates who are receiving mental health services in an institution	54759
of the department of rehabilitation and correction. The department	54760
shall not disclose those records unless the inmate is notified,	54761
receives the information, and does not object to the disclosure.	54762
The release of records under this division is limited to records	54763
regarding an inmate's medication history, physical health status	54764
and history, summary of course of treatment, summary of treatment	54765
needs, and a discharge summary, if any.	54766

~~(N)~~(14) That a community mental health agency that ceases to	54767
operate may transfer to either a community mental health agency	54768
that assumes its caseload or to the board of alcohol, drug	54769
addiction, and mental health services of the service district in	54770
which the patient resided at the time services were most recently	54771
provided any treatment records that have not been transferred	54772
elsewhere at the patient's request.	54773

~~(O)~~(B) Before records are disclosed pursuant to divisions	54774
~~(C)~~(A)(3), ~~(F)~~(6), and ~~(H)~~(8) of this section, the custodian of	54775
the records shall attempt to obtain the patient's consent for the	54776
disclosure. No person shall reveal the contents of a medical	54777
record of a patient except as authorized by law.	54778

(C) The managing officer of a hospital who releases necessary	54779
medical information under division (A)(3) of this section to allow	54780
an insurance carrier or other third party payor to comply with	54781
section 5121.43 of the Revised Code shall neither be subject to	54782
criminal nor civil liability.	54783

Sec. 5123.01. As used in this chapter:

54784

(A) "Chief medical officer" means the licensed physician	54785
appointed by the managing officer of an institution for the	54786
mentally retarded with the approval of the director of mental	54787
retardation and developmental disabilities to provide medical	54788
treatment for residents of the institution.	54789

(B) "Chief program director" means a person with special	54790
training and experience in the diagnosis and management of the	54791
mentally retarded, certified according to division (C) of this	54792
section in at least one of the designated fields, and appointed by	54793
the managing officer of an institution for the mentally retarded	54794
with the approval of the director to provide habilitation and care	54795
for residents of the institution.	54796

(C) "Comprehensive evaluation" means a study, including a	54797
sequence of observations and examinations, of a person leading to	54798
conclusions and recommendations formulated jointly, with	54799
dissenting opinions if any, by a group of persons with special	54800
training and experience in the diagnosis and management of persons	54801
with mental retardation or a developmental disability, which group	54802
shall include individuals who are professionally qualified in the	54803
fields of medicine, psychology, and social work, together with	54804
such other specialists as the individual case may require.	54805

(D) "Education" means the process of formal training and	54806
instruction to facilitate the intellectual and emotional	54807
development of residents.	54808

(E) "Habilitation" means the process by which the staff of	54809
the institution assists the resident in acquiring and maintaining	54810
those life skills that enable the resident to cope more	54811
effectively with the demands of the resident's own person and of	54812
the resident's environment and in raising the level of the	54813
resident's physical, mental, social, and vocational efficiency.	54814
Habilitation includes but is not limited to programs of formal,	54815
structured education and training.	54816

(F) ~~"Habilitation center services" means services provided by~~	54817
~~a habilitation center certified by the department of mental~~	54818
~~retardation and developmental disabilities under section 5123.041~~	54819
~~of the Revised Code and covered by the medicaid program pursuant~~	54820
~~to rules adopted under section 5111.041 of the Revised Code.~~	54821

~~(G)~~ "Health officer" means any public health physician,	54822
public health nurse, or other person authorized or designated by a	54823
city or general health district.	54824

~~(H)~~(G) "Home and community-based services" means	54825
medicaid-funded home and community-based services specified in	54826
division (B)(1) of section 5111.87 of the Revised Code provided	54827
under the medicaid waiver components the department of mental	54828
retardation and developmental disabilities administers pursuant to	54829
section 5111.871 of the Revised Code.	54830

~~(I)~~(H) "Indigent person" means a person who is unable,	54831
without substantial financial hardship, to provide for the payment	54832
of an attorney and for other necessary expenses of legal	54833
representation, including expert testimony.	54834

~~(J)~~(I) "Institution" means a public or private facility, or a	54835
part of a public or private facility, that is licensed by the	54836
appropriate state department and is equipped to provide	54837
residential habilitation, care, and treatment for the mentally	54838
retarded.	54839

~~(K)~~(J) "Licensed physician" means a person who holds a valid	54840
certificate issued under Chapter 4731. of the Revised Code	54841
authorizing the person to practice medicine and surgery or	54842
osteopathic medicine and surgery, or a medical officer of the	54843
government of the United States while in the performance of the	54844
officer's official duties.	54845

~~(L)~~(K) "Managing officer" means a person who is appointed by	54846
the director of mental retardation and developmental disabilities	54847
to be in executive control of an institution for the mentally	54848
retarded under the jurisdiction of the department.	54849

~~(M)~~(L) "Medicaid" has the same meaning as in section 5111.01	54850
of the Revised Code.	54851

~~(N)~~(M) "Medicaid case management services" means case	54852
management services provided to an individual with mental	54853
retardation or other developmental disability that the state	54854
medicaid plan requires.	54855

~~(O)~~(N) "Mentally retarded person" means a person having	54856
significantly subaverage general intellectual functioning existing	54857
concurrently with deficiencies in adaptive behavior, manifested	54858
during the developmental period.	54859

~~(P)~~(O) "Mentally retarded person subject to	54860
institutionalization by court order" means a person eighteen years	54861
of age or older who is at least moderately mentally retarded and	54862
in relation to whom, because of the person's retardation, either	54863
of the following conditions exist:	54864

(1) The person represents a very substantial risk of physical	54865
impairment or injury to self as manifested by evidence that the	54866
person is unable to provide for and is not providing for the	54867
person's most basic physical needs and that provision for those	54868
needs is not available in the community;	54869

(2) The person needs and is susceptible to significant	54870
habilitation in an institution.	54871

~~(Q)~~(P) "A person who is at least moderately mentally	54872
retarded" means a person who is found, following a comprehensive	54873
evaluation, to be impaired in adaptive behavior to a moderate	54874
degree and to be functioning at the moderate level of intellectual	54875
functioning in accordance with standard measurements as recorded	54876
in the most current revision of the manual of terminology and	54877
classification in mental retardation published by the American	54878
association on mental retardation.	54879

~~(R)~~(Q) As used in this division, "substantial functional	54880
limitation," "developmental delay," and "established risk" have	54881
the meanings established pursuant to section 5123.011 of the	54882
Revised Code.	54883

"Developmental disability" means a severe, chronic disability	54884
that is characterized by all of the following:	54885

(1) It is attributable to a mental or physical impairment or	54886
a combination of mental and physical impairments, other than a	54887
mental or physical impairment solely caused by mental illness as	54888
defined in division (A) of section 5122.01 of the Revised Code.	54889

(2) It is manifested before age twenty-two.

54890

(3) It is likely to continue indefinitely.

54891

(4) It results in one of the following:

54892

(a) In the case of a person under three years of age, at	54893
least one developmental delay or an established risk;	54894

(b) In the case of a person at least three years of age but	54895
under six years of age, at least two developmental delays or an	54896
established risk;	54897

(c) In the case of a person six years of age or older, a	54898
substantial functional limitation in at least three of the	54899
following areas of major life activity, as appropriate for the	54900
person's age: self-care, receptive and expressive language,	54901
learning, mobility, self-direction, capacity for independent	54902
living, and, if the person is at least sixteen years of age,	54903
capacity for economic self-sufficiency.	54904

(5) It causes the person to need a combination and sequence	54905
of special, interdisciplinary, or other type of care, treatment,	54906
or provision of services for an extended period of time that is	54907
individually planned and coordinated for the person.	54908

~~(S)~~(R) "Developmentally disabled person" means a person with	54909
a developmental disability.	54910

~~(T)~~(S) "State institution" means an institution that is	54911
tax-supported and under the jurisdiction of the department.	54912

~~(U)~~(T) "Residence" and "legal residence" have the same	54913
meaning as "legal settlement," which is acquired by residing in	54914
Ohio for a period of one year without receiving general assistance	54915
prior to July 17, 1995, under former Chapter 5113. of the Revised	54916
Code, financial assistance under Chapter 5115. of the Revised	54917
Code, or assistance from a private agency that maintains records	54918
of assistance given. A person having a legal settlement in the	54919
state shall be considered as having legal settlement in the	54920
assistance area in which the person resides. No adult person	54921
coming into this state and having a spouse or minor children	54922
residing in another state shall obtain a legal settlement in this	54923
state as long as the spouse or minor children are receiving public	54924
assistance, care, or support at the expense of the other state or	54925
its subdivisions. For the purpose of determining the legal	54926
settlement of a person who is living in a public or private	54927
institution or in a home subject to licensing by the department of	54928
job and family services, the department of mental health, or the	54929
department of mental retardation and developmental disabilities,	54930
the residence of the person shall be considered as though the	54931
person were residing in the county in which the person was living	54932
prior to the person's entrance into the institution or home.	54933
Settlement once acquired shall continue until a person has been	54934
continuously absent from Ohio for a period of one year or has	54935
acquired a legal residence in another state. A woman who marries a	54936
man with legal settlement in any county immediately acquires the	54937
settlement of her husband. The legal settlement of a minor is that	54938
of the parents, surviving parent, sole parent, parent who is	54939
designated the residential parent and legal custodian by a court,	54940
other adult having permanent custody awarded by a court, or	54941
guardian of the person of the minor, provided that:	54942

(1) A minor female who marries shall be considered to have	54943
the legal settlement of her husband and, in the case of death of	54944
her husband or divorce, she shall not thereby lose her legal	54945
settlement obtained by the marriage.	54946

(2) A minor male who marries, establishes a home, and who has	54947
resided in this state for one year without receiving general	54948
assistance prior to July 17, 1995, under former Chapter 5113. of	54949
the Revised Code, financial assistance under Chapter 5115. of the	54950
Revised Code, or assistance from a private agency that maintains	54951
records of assistance given shall be considered to have obtained a	54952
legal settlement in this state.	54953

(3) The legal settlement of a child under eighteen years of	54954
age who is in the care or custody of a public or private child	54955
caring agency shall not change if the legal settlement of the	54956
parent changes until after the child has been in the home of the	54957
parent for a period of one year.	54958

No person, adult or minor, may establish a legal settlement	54959
in this state for the purpose of gaining admission to any state	54960
institution.	54961

~~(V)~~(U)(1) "Resident" means, subject to division (R)(2) of	54962
this section, a person who is admitted either voluntarily or	54963
involuntarily to an institution or other facility pursuant to	54964
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	54965
Code subsequent to a finding of not guilty by reason of insanity	54966
or incompetence to stand trial or under this chapter who is under	54967
observation or receiving habilitation and care in an institution.	54968

(2) "Resident" does not include a person admitted to an	54969
institution or other facility under section 2945.39, 2945.40,	54970
2945.401, or 2945.402 of the Revised Code to the extent that the	54971
reference in this chapter to resident, or the context in which the	54972
reference occurs, is in conflict with any provision of sections	54973
2945.37 to 2945.402 of the Revised Code.	54974

~~(W)~~(V) "Respondent" means the person whose detention,	54975
commitment, or continued commitment is being sought in any	54976
proceeding under this chapter.	54977

~~(X)~~(W) "Working day" and "court day" mean Monday, Tuesday,	54978
Wednesday, Thursday, and Friday, except when such day is a legal	54979
holiday.	54980

~~(Y)~~(X) "Prosecutor" means the prosecuting attorney, village	54981
solicitor, city director of law, or similar chief legal officer	54982
who prosecuted a criminal case in which a person was found not	54983
guilty by reason of insanity, who would have had the authority to	54984
prosecute a criminal case against a person if the person had not	54985
been found incompetent to stand trial, or who prosecuted a case in	54986
which a person was found guilty.	54987

~~(Z)~~(Y) "Court" means the probate division of the court of	54988
common pleas.	54989

Sec. 5123.045. ~~(A)~~ No person or government entity shall	54990
receive payment for providing home and community-based services	54991
unless the person or government entity is one of the following:	54992

~~(1)~~(A) Certified under ~~this~~ section 5123.16 of the Revised	54993
Code;	54994

~~(2)~~(B) Certified as a supported living provider under section	54995
5126.431 of the Revised Code and certified under section 5123.16	54996
of the Revised Code;	54997

~~(3)~~(C) Licensed as a residential facility under section	54998
5123.19 of the Revised Code. ~~Division (A)(3) of this section does~~	54999
~~not apply to an intermediate care facility for the mentally~~	55000
~~retarded as defined in section 5111.20 of the Revised Code.~~	55001

~~(B) The department of mental retardation and developmental~~	55002
~~disabilities shall do all of the following in accordance with~~	55003
~~Chapter 119. of the Revised Code:~~	55004

~~(1) Certify a person or government entity to provide home and~~	55005
~~community-based services if the person or government entity~~	55006
~~satisfies the requirements for certification established by rules~~	55007
~~adopted under division (C) of this section;~~	55008

~~(2) Revoke a certificate when required to do so by rules~~	55009
~~adopted under division (C) of this section;~~	55010

~~(3) Hold hearings when there is a dispute between the~~	55011
~~department and a person or government entity concerning actions~~	55012
~~the department takes or does not take under division (B)(1) or (2)~~	55013
~~of this section.~~	55014

~~(C) The director of mental retardation and developmental~~	55015
~~disabilities shall adopt rules in accordance with Chapter 119. of~~	55016
~~the Revised Code establishing certification requirements and~~	55017
~~procedures for a person or government entity that seeks to provide~~	55018
~~home and community-based services and is not certified as a~~	55019
~~supported living provider under section 5126.431 of the Revised~~	55020
~~Code or licensed as a residential facility under section 5123.19~~	55021
~~of the Revised Code. The rules shall specify the program areas for~~	55022
~~which certification is required and include procedures for all of~~	55023
~~the following:~~	55024

~~(1) Ensuring that providers comply with section 5126.28 or~~	55025
~~5126.281 of the Revised Code, as appropriate;~~	55026

~~(2) Evaluating the services provided to ensure that they are~~	55027
~~provided in a quality manner advantageous to the individual~~	55028
~~receiving the services. The procedures shall require that all of~~	55029
~~the following be considered as part of an evaluation:~~	55030

~~(a) The provider's experience and financial responsibility;~~

55031

~~(b) The provider's ability to comply with standards for the~~	55032
~~home and community-based services that the provider provides;~~	55033

~~(c) The provider's ability to meet the needs of the~~	55034
~~individuals served;~~	55035

~~(d) Any other factor the director considers relevant.~~

55036

~~(3) Determining when to revoke a provider's certificate. The~~	55037
~~reasons for which a certificate may be revoked may include good~~	55038
~~cause, including misfeasance, malfeasance, nonfeasance, confirmed~~	55039
~~abuse or neglect, financial irresponsibility, or other conduct the~~	55040
~~director determines is injurious to individuals being served.~~	55041

~~(D) The records of an evaluation conducted in accordance with~~	55042
~~rules adopted under division (C)(2) of this section are public~~	55043
~~records for purposes of section 149.43 of the Revised Code and~~	55044
~~shall be made available on request of any person, including~~	55045
~~individuals being served, individuals seeking home and~~	55046
~~community-based services, and county boards of mental retardation~~	55047
~~and developmental disabilities.~~	55048

Sec. 5123.046. The department of mental retardation and	55049
developmental disabilities shall review each component of the	55050
three-calendar year plan it receives from a county board of mental	55051
retardation and developmental disabilities under section 5126.054	55052
of the Revised Code and, in consultation with the department of	55053
job and family services and office of budget and management,	55054
approve each component that includes all the information and	55055
conditions specified in that section. The fourth component of the	55056
plan shall be approved or disapproved not later than forty-five	55057
days after the fourth component is submitted to the department	55058
under division (B)(3) of section 5126.054 of the Revised Code. If	55059
the department approves all four components of the plan, the plan	55060
is approved. Otherwise, the plan is disapproved. If the plan is	55061
disapproved, the department shall take action against the county	55062
board under division (B) of section 5126.056 of the Revised Code.	55063

In approving plans under this section, the department shall	55064
ensure that the aggregate of all plans provide for the increased	55065
enrollment into home and community-based services during each	55066
state fiscal year of at least five hundred individuals who did not	55067
receive residential services, supported living, or home and	55068
community-based services the prior state fiscal year if the	55069
department has enough additional enrollment available for this	55070
purpose.	55071

The department shall establish protocols that the department	55072
shall use to determine whether a county board is complying with	55073
the programmatic and financial accountability mechanisms and	55074
achieving outcomes specified in its approved plan. If the	55075
department determines that a county board is not in compliance	55076
with the mechanisms or achieving the outcomes specified in its	55077
approved plan, the department may take action under division	55078
~~(G)~~(F) of section 5126.055 of the Revised Code.	55079

Sec. 5123.047. (A) ~~The department of mental retardation and~~	55080
~~developmental disabilities shall pay the nonfederal share of~~	55081
~~medicaid expenditures for habilitation center services provided to~~	55082
~~an individual with mental retardation or other developmental~~	55083
~~disability unless section 5111.041 of the Revised Code requires a~~	55084
~~county board of mental retardation and developmental disabilities~~	55085
~~or a school district to pay the nonfederal share.~~	55086

~~(B)~~ The department of mental retardation and developmental	55087
disabilities shall pay the nonfederal share of medicaid	55088
expenditures for medicaid case management services if ~~either of~~	55089
~~the following apply:~~	55090

~~(1) The~~the services are provided to an individual with	55091
mental retardation or other developmental disability who a county	55092
board of mental retardation and developmental disabilities has	55093
determined under section 5126.041 of the Revised Code is not	55094
eligible for county board services;	55095

~~(2) The services are provided to an individual with mental~~	55096
~~retardation or other developmental disability by a public or~~	55097
~~private agency with which the department has contracted under~~	55098
~~section 5123.56 of the Revised Code to provide protective services~~	55099
~~to the individual~~.	55100

~~(C)~~(B) The department shall pay the nonfederal share of	55101
medicaid expenditures for home and community-based services if	55102
~~either~~any of the following apply:	55103

(1) The services are provided to an individual with mental	55104
retardation or other developmental disability who a county board	55105
has determined under section 5126.041 of the Revised Code is not	55106
eligible for county board services;	55107

(2) The services are provided to an individual with mental	55108
retardation or other developmental disability given priority for	55109
the services pursuant to division (D)(3) of section 5126.042 of	55110
the Revised Code. The department shall pay the nonfederal share of	55111
medicaid expenditures for home and community-based services	55112
provided to such an individual for as long as the individual	55113
continues to be eligible for and receive the services, regardless	55114
of whether the services are provided after June 30, 2003.	55115

(3) An agreement entered into under section 5123.048 of the	55116
Revised Code requires that the department pay the nonfederal share	55117
of medicaid expenditures for the services.	55118

Sec. 5123.048. The director of mental retardation and	55119
developmental disabilities may enter into an agreement with a	55120
county board of mental retardation and developmental disabilities	55121
under which the department of mental retardation and developmental	55122
disabilities is to pay the nonfederal share of medicaid	55123
expenditures for home and community-based services provided to	55124
individuals with mental retardation or other developmental	55125
disability residing in the county served by the county board if	55126
the agreement is necessary for home and community-based services	55127
to be available statewide.	55128

Sec. 5123.049. The director of mental retardation and	55129
developmental disabilities shall adopt rules in accordance with	55130
Chapter 119. of the Revised Code governing the authorization and	55131
payment of home and community-based services,and medicaid case	55132
management services~~, and habilitation center services~~. The rules	55133
shall provide for private providers of the services to receive one	55134
hundred per cent of the medicaid allowable payment amount and for	55135
government providers of the services to receive the federal share	55136
of the medicaid allowable payment, less the amount withheld as a	55137
fee under section 5123.0412 of the Revised Code and any amount	55138
that may be required by rules adopted under section 5123.0413 of	55139
the Revised Code to be deposited into the state MR/DD risk fund.	55140
The rules shall establish the process by which county boards of	55141
mental retardation and developmental disabilities shall certify	55142
and provide the nonfederal share of medicaid expenditures that the	55143
county board is required by division (A) of section 5126.057 of	55144
the Revised Code to pay. The process shall require a county board	55145
to certify that the county board has funding available at one time	55146
for two months costs for those expenditures. The process may	55147
permit a county board to certify that the county board has funding	55148
available at one time for more than two months costs for those	55149
expenditures.	55150

Sec. 5123.0412. (A) The department of mental retardation and	55151
developmental disabilities shall charge each county board of	55152
mental retardation and developmental disabilities an annual fee	55153
equal to one and one-half per cent of the total value of all	55154
medicaid paid claims for medicaid case management services and	55155
home and community-based services ~~for which the county board~~	55156
~~contracts or provides itself~~provided during the year to an	55157
individual eligible for services from the county board. No county	55158
board shall pass the cost of a fee charged to the county board	55159
under this section on to ~~a person or government entity with which~~	55160
~~the county board contracts to provide the~~another provider of	55161
these services.	55162

(B) The fees collected under this section shall be deposited	55163
into the ODMR/DD administration and oversight fund and the ODJFS	55164
administration and oversight fund, both of which are hereby	55165
created in the state treasury. The portion of the fees to be	55166
deposited into the ODMR/DD administration and oversight fund and	55167
the portion of the fees to be deposited into the ODJFS	55168
administration and oversight fund shall be the portion specified	55169
in an interagency agreement entered into under division (C) of	55170
this section. The department of mental retardation and	55171
developmental disabilities shall use the money in the ODMR/DD	55172
administration and oversight fund and the department of job and	55173
family services shall use the money in the ODJFS administration	55174
and oversight fund for both of the following purposes:	55175

(1) The administrative and oversight costs of ~~habilitation~~	55176
~~center services,~~ medicaid case management services, and home and	55177
community-based services ~~that a county board develops and monitors~~	55178
~~and the county board or a person or government entity under~~	55179
~~contract with the county board provides~~. The administrative and	55180
oversight costs shall include costs for staff, systems, and other	55181
resources the departments need and dedicate solely to the	55182
following duties associated with the services:	55183

(a) Eligibility determinations;

55184

(b) Training;

55185

55186

(d) Claims processing;

55187

(e) Quality assurance oversight;

55188

(f) Other duties the departments identify.

55189

(2) Providing technical support to county boards' local	55190
administrative authority under section 5126.055 of the Revised	55191
Code for the services.	55192

(C) The departments of mental retardation and developmental	55193
disabilities and job and family services shall enter into an	55194
interagency agreement to do both of the following:	55195

(1) Specify which portion of the fees collected under this	55196
section is to be deposited into the ODMR/DD administration and	55197
oversight fund and which portion is to be deposited into the ODJFS	55198
administration and oversight fund;	55199

(2) Provide for the departments to coordinate the staff whose	55200
costs are paid for with money in the ODMR/DD administration and	55201
oversight fund and the ODJFS administration and oversight fund.	55202

(D) The departments shall submit an annual report to the	55203
director of budget and management certifying how the departments	55204
spent the money in the ODMR/DD administration and oversight fund	55205
and the ODJFS administration and oversight fund for the purposes	55206
specified in division (B) of this section.	55207

Sec. 5123.16. (A) In accordance with Chapter 119. of the	55208
Revised Code, the director of mental retardation and developmental	55209
disabilities shall adopt and may amend and rescind rules for the	55210
certification of persons or government entities that provide or	55211
propose to provide home and community-based waiver services. The	55212
rules shall establish or specify all of the following:	55213

(1) Procedures for issuing and renewing certification and	55214
establishing expiration dates for currently certified providers;	55215

(2) Procedures and criteria for denying, refusing to renew,	55216
terminating, and revoking certification in accordance with this	55217
section and Chapter 119. of the Revised Code;	55218

(3) Procedures for ordering the suspension of a certified	55219
provider's certification;	55220

(4) Fees for issuing and renewing certification. All fees	55221
collected pursuant to this section shall be deposited in the state	55222
treasury to the credit of the provider certification fund, which	55223
is hereby created. Money credited to the fund shall be used solely	55224
for the operation of the provider certification program	55225
established under this section.	55226

(5) Program services for which certification is required and	55227
provider standards for those services;	55228

(6) Procedures for certification;

55229

(7) Procedures for ensuring that providers comply with	55230
sections 5123.52 and 5126.281 of the Revised Code.	55231

(B) A provider's certification may be terminated when the	55232
certified provider has not billed for services for a period of	55233
more than twelve consecutive months and the provider has been	55234
notified in accordance with Chapter 119. of the Revised Code.	55235

(C) The director may suspend or revoke a provider's	55236
certification in accordance with Chapter 119. of the Revised Code	55237
for good cause, including misfeasance, malfeasance, nonfeasance,	55238
confirmed abuse or neglect, noncompliance with provider	55239
certification standards, financial irresponsibility, or other	55240
conduct the department determines is injurious to individuals	55241
being served.	55242

(D)(1) The director may suspend a certified provider's	55243
certification to serve one or more individuals currently served by	55244
the provider in one or more counties before providing an	55245
opportunity for an adjudication under Chapter 119. of the Revised	55246
Code when the director determines that the certified provider has	55247
demonstrated a pattern of serious noncompliance with certification	55248
standards or that a violation of certification standards creates a	55249
substantial risk to the health and safety of an individual served	55250
by the certified provider and both the following conditions are	55251
met:	55252

(a) The individual or guardian, as appropriate, has been made	55253
aware of the patterns of serious noncompliance or violations of	55254
certification standards that create a substantial risk to the	55255
health and safety of the individual, and the individual or	55256
guardian does not choose to select another certified provider; and	55257

(b) A county board of mental retardation and developmental	55258
disabilities has filed a compliant with the probate court in	55259
accordance with section 5126.33 of the Revised Code and the	55260
probate court does not issue an order authorizing the board to	55261
arrange protective services for the individual.	55262

(2) The director may suspend a certified provider's	55263
certification to begin to serve one or more individuals not	55264
currently being served by the provider in one or more counties	55265
before providing an opportunity for an adjudication under Chapter	55266
119. of the Revised Code when the director determines that the	55267
certified provider has demonstrated a pattern of serious	55268
noncompliance with certification standards or that a violation of	55269
certification standards creates a substantial risk to the health	55270
and safety of an individual served by the certified provider.	55271

(3) Except as provided in division (D)(4) of this section,	55272
appeals from proceedings initiated to terminate a provider's	55273
certification under division (B) of this section or to suspend or	55274
revoke a provider's certification under division (C) of this	55275
section shall be conducted in accordance with Chapter 119. of the	55276
Revised Code.	55277

(4) Appeals from proceedings initiated to order the	55278
suspension of a certified provider's certification shall be	55279
conducted in accordance with Chapter 119. of the Revised Code,	55280
unless the order was issued before providing an opportunity for an	55281
adjudication, in which case all of the following apply:	55282

(a) The department shall notify the certified provider within	55283
twenty-four hours of ordering of the suspension.	55284

(b) The certified provider may request a hearing not later	55285
than ten days after receiving the notice specified in section	55286
119.07 of the Revised Code.	55287

(c) If a timely request for a hearing is made, the hearing	55288
shall commence not later than thirty days after the department	55289
receives the request.	55290

(d) After commencing, the hearing shall continue,	55291
uninterrupted, except for Saturdays, Sundays, and legal holidays,	55292
unless other interruptions are agreed to by the provider and the	55293
director.	55294

(e) If the hearing is conducted by a hearing examiner, the	55295
hearing examiner shall file a report and recommendations not later	55296
than ten days after the close of the hearing. For purposes of	55297
division (D)(4)(d) of this section, the hearing shall not be	55298
considering closed until the hearing examiner receives the	55299
transcript of the hearing, if a transcript is ordered, and all	55300
post-hearing briefs, if any, are timely filed.	55301

(f) A copy of such written report and recommendations of the	55302
hearing examiner shall, within five days of the date of the filing	55303
thereof, be served upon the provider or the provider's attorney,	55304
by certified mail.	55305

(g) The provider may file objections to the report and	55306
recommendations not later than five days after the receipt of the	55307
report and recommendations.	55308

(h) No recommendation of the hearing examiner shall be	55309
approved, modified, or disapproved by the department until five	55310
days after service of the hearing examiner's report and	55311
recommendations upon the provider or the provider's attorney.	55312

(i) Not later than fifteen days after the service of such	55313
report and recommendations of the hearing examiner upon the	55314
provider or the provider's attorney, the director shall issue an	55315
order approving, modifying, or disapproving the report and	55316
recommendation.	55317

(j) The order shall be lifted when the provider has submitted	55318
an acceptable plan of compliance and the department determines the	55319
plan of compliance has been appropriately implemented.	55320

(k) Following the issuance of an adjudication order by the	55321
director, the provider may appeal the order in accordance with	55322
section 119.12 of the Revised Code.	55323

(l) Notwithstanding the pendency of the hearing, the director	55324
shall lift the order for the suspension of the certified	55325
provider's certification under division (D)(1) or (D)(2) of this	55326
section when the director determines that the violation that	55327
formed the basis for the order has been corrected. The hearing	55328
shall continue unless the provider withdraws, in writing, the	55329
appeal of the department's suspension.	55330

(E) All applicants for or holders of certification under this	55331
section shall maintain a current address with the director at all	55332
times.	55333

(F) An applicant whose certification has been denied in	55334
accordance with this section may not apply to become a certified	55335
provider within one year of the date of the applicant's denial of	55336
certification. A certified provider whose certification has been	55337
revoked in accordance with this section may not apply for	55338
certification within five years of the revocation of the certified	55339
provider's certification.	55340

(G) The records of surveys of providers conducted in	55341
accordance with this section are public records for purposes of	55342
section 149.43 of the Revised Code and shall be made available	55343
upon request of any person, including individuals being served,	55344
individuals seeking supported living, and county boards of mental	55345
retardation and developmental disabilities.	55346

(H) The certification of a provider that is certified to	55347
provide supported living on the effective date of the amendment of	55348
this section shall remain in effect until the department	55349
establishes an expiration date for the certification unless the	55350
certification is voluntarily surrendered or terminated, suspended	55351
or revoked in accordance with this section.	55352

(I) As used in this section, "home and community-based	55353
services" has the same meaning as in section 5126.01 of the	55354
Revised Code.	55355

(J) The director of mental retardation and developmental	55356
disabilities shall not apply any provisions of sections 5126.40 to	55357
5126.47 of the Revised Code to any provider of home and	55358
community-based services certified under this section.	55359

Sec. 5123.34. This chapter attempts to do all of the	55360
following:	55361

(A) Provide humane and scientific treatment and care and the	55362
highest attainable degree of individual development for persons	55363
with mental retardation or a developmental disability;	55364

(B) Promote the study of the causes of mental retardation and	55365
developmental disabilities, with a view to ultimate prevention;	55366

(C) Secure by uniform and systematic management the highest	55367
attainable degree of economy in the administration of the	55368
institutions under the control of the department of mental	55369
retardation and developmental disabilities.	55370

Sections 5123.02 to 5123.04, ~~5123.041 to~~5123.042, 5123.043,	55371
5123.10, 5123.21, 5123.221, 5123.25, and 5123.31 of the Revised	55372
Code shall be liberally construed to attain these purposes.	55373

Sec. 5123.41. As used in this section and sections 5123.42	55374
to 5123.47 of the Revised Code:	55375

(A) "Adult services" has the same meaning as in section	55376
5126.01 of the Revised Code.	55377

(B) "Certified home and community-based services provider"	55378
means a person or government entity certified under section	55379
~~5123.045~~5123.16 of the Revised Code.	55380

(C) "Certified supported living provider" means a person or	55381
government entity certified under section 5126.431 of the Revised	55382
Code.	55383

(D) "Drug" has the same meaning as in section 4729.01 of the	55384
Revised Code.	55385

(E) "Family support services" has the same meaning as in	55386
section 5126.01 of the Revised Code.	55387

(F) "Health-related activities" means the following:

55388

(1) Taking vital signs;

55389

(2) Application of clean dressings that do not require health	55390
assessment;	55391

(3) Basic measurement of bodily intake and output;

55392

(4) Oral suctioning;

55393

(5) Use of glucometers;

55394

(6) External urinary catheter care;

55395

(7) Emptying and replacing colostomy bags;

55396

(8) Collection of specimens by noninvasive means.

55397

(G) "Licensed health professional authorized to prescribe	55398
drugs" has the same meaning as in section 4729.01 of the Revised	55399
Code.	55400

(H) "Medicaid" has the same meaning as in section 5111.01 of	55401
the Revised Code.	55402

(I) "MR/DD personnel" means the employees and the workers	55403
under contract who provide specialized services to individuals	55404
with mental retardation and developmental disabilities. "MR/DD	55405
personnel" includes those who provide the services as follows:	55406

(1) Through direct employment with the department of mental	55407
retardation and developmental disabilities or a county board of	55408
mental retardation and developmental disabilities;	55409

(2) Through an entity under contract with the department of	55410
mental retardation and developmental disabilities or a county	55411
board of mental retardation and developmental disabilities;	55412

(3) Through direct employment or by being under contract with	55413
private entities, including private entities that operate	55414
residential facilities.	55415

(J) "Nursing delegation" means the process established in	55416
rules adopted by the board of nursing pursuant to Chapter 4723. of	55417
the Revised Code under which a registered nurse or licensed	55418
practical nurse acting at the direction of a registered nurse	55419
transfers the performance of a particular nursing activity or task	55420
to another person who is not otherwise authorized to perform the	55421
activity or task.	55422

(K) "Prescribed medication" means a drug that is to be	55423
administered according to the instructions of a licensed health	55424
professional authorized to prescribe drugs.	55425

(L) "Residential facility" means a facility licensed under	55426
section 5123.19 of the Revised Code or subject to section 5123.192	55427
of the Revised Code.	55428

(M) "Specialized services" has the same meaning as in section	55429
5123.50 of the Revised Code.	55430

(N) "Tube feeding" means the provision of nutrition to an	55431
individual through a gastrostomy tube or a jejunostomy tube.	55432

Sec. 5123.701. (A) Except as provided in division (E) of	55433
this section, any person in the community who is eighteen years of	55434
age or older and who is or believes self to be mentally retarded	55435
may make written application to the managing officer of any	55436
institution for temporary admission for short-term care. The	55437
application may be made on behalf of a minor by a parent or	55438
guardian, and on behalf of an adult adjudicated mentally	55439
incompetent by a guardian.	55440

(B) For purposes of this section, short-term care shall be	55441
defined to mean appropriate services provided to a person with	55442
mental retardation for no more than fourteen consecutive days and	55443
for no more than forty-two days in a fiscal year. When	55444
circumstances warrant, the fourteen-day period may be extended at	55445
the discretion of the managing officer. Short-term care is	55446
provided in a developmental center to meet the family's or	55447
caretaker's needs for separation from the person with mental	55448
retardation.	55449

(C) The managing officer of an institution, with the	55450
concurrence of the chief program director, may admit a person for	55451
short-term care only after a medical examination has been made of	55452
the person and only if the managing officer concludes that the	55453
person is mentally retarded.	55454

(D) If application for admission for short-term care of a	55455
minor or of a person adjudicated mentally incompetent is made by	55456
the minor's parent or guardian or by the incompetent's guardian	55457
and the minor or incompetent is admitted, the probate division of	55458
the court of common pleas shall determine, upon petition by the	55459
legal rights service, whether the admission for short-term care is	55460
in the best interest of the minor or the incompetent.	55461

(E) A person who is found not guilty by reason of insanity	55462
shall not admit self to an institution for short-term care unless	55463
a hearing was held regarding the person pursuant to division (A)	55464
of section 2945.40 of the Revised Code and either of the following	55465
applies:	55466

(1) The person was found at the hearing not to be a mentally	55467
retarded person subject to institutionalization by court order;	55468

(2) The person was found at the hearing to be a mentally	55469
retarded person subject to institutionalization by court order,	55470
was involuntarily committed, and was finally discharged.	55471

(F) The mentally retarded person, liable relatives, and	55472
guardians of mentally retarded persons admitted for respite care	55473
shall pay support charges in accordance with sections ~~5121.03~~	55474
5121.01 to 5121.07 of the Revised Code.	55475

(G) At the conclusion of each period of short-term care, the	55476
person shall return to the person's family or caretaker. Under no	55477
circumstances shall a person admitted for short-term care	55478
according to this section remain in the institution after the	55479
period of short-term care unless the person is admitted according	55480
to section 5123.70, sections 5123.71 to 5123.76, or section	55481
2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	55482
Code.	55483

Sec. 5123.71. (A)(1) Proceedings for the involuntary	55484
institutionalization of a person pursuant to sections 5123.71 to	55485
5123.76 of the Revised Code shall be commenced by the filing of an	55486
affidavit with the probate division of the court of common pleas	55487
of the county where the person resides or where the person is	55488
institutionalized, in the manner and form prescribed by the	55489
department of mental retardation and developmental disabilities	55490
either on information or actual knowledge, whichever is determined	55491
to be proper by the court. The affidavit may be filed only by a	55492
person who has custody of the individual as a parent, guardian, or	55493
service provider or by a person acting on behalf of the department	55494
or a county board of mental retardation and developmental	55495
disabilities. This section does not apply regarding the	55496
institutionalization of a person pursuant to section 2945.39,	55497
2945.40, 2945.401, or 2945.402 of the Revised Code.	55498

The affidavit shall contain an allegation setting forth the	55499
specific category or categories under division ~~(P)~~(O) of section	55500
5123.01 of the Revised Code upon which the commencement of	55501
proceedings is based and a statement of the factual ground for the	55502
belief that the person is a mentally retarded person subject to	55503
institutionalization by court order. Except as provided in	55504
division (A)(2) of this section, the affidavit shall be	55505
accompanied by both of the following:	55506

(a) A comprehensive evaluation report prepared by the	55507
person's evaluation team that includes a statement by the members	55508
of the team certifying that they have performed a comprehensive	55509
evaluation of the person and that they are of the opinion that the	55510
person is a mentally retarded person subject to	55511
institutionalization by court order;	55512

(b) An assessment report prepared by the county board of	55513
mental retardation and developmental disabilities under section	55514
5123.711 of the Revised Code specifying that the individual is in	55515
need of services on an emergency or priority basis.	55516

(2) In lieu of the comprehensive evaluation report, the	55517
affidavit may be accompanied by a written and sworn statement that	55518
the person or the guardian of a person adjudicated incompetent has	55519
refused to allow a comprehensive evaluation and county board	55520
assessment and assessment reports. Immediately after accepting an	55521
affidavit that is not accompanied by the reports of a	55522
comprehensive evaluation and county board assessment, the court	55523
shall cause a comprehensive evaluation and county board assessment	55524
of the person named in the affidavit to be performed. The	55525
evaluation shall be conducted in the least restrictive environment	55526
possible and the assessment shall be conducted in the same manner	55527
as assessments conducted under section 5123.711 of the Revised	55528
Code. The evaluation and assessment must be completed before a	55529
probable cause hearing or full hearing may be held under section	55530
5123.75 or 5123.76 of the Revised Code.	55531

A written report of the evaluation team's findings and the	55532
county board's assessment shall be filed with the court. The	55533
reports shall, consistent with the rules of evidence, be accepted	55534
as probative evidence in any proceeding under section 5123.75 or	55535
5123.76 of the Revised Code. If the counsel for the person who is	55536
evaluated or assessed is known, the court shall send to the	55537
counsel a copy of the reports as soon as possible after they are	55538
filed and prior to any proceedings under section 5123.75 or	55539
5123.76 of the Revised Code.	55540

(B) Any person who is involuntarily detained in an	55541
institution or otherwise is in custody under this chapter shall be	55542
informed of the right to do the following:	55543

(1) Immediately make a reasonable number of telephone calls	55544
or use other reasonable means to contact an attorney, a physician,	55545
or both, to contact any other person or persons to secure	55546
representation by counsel, or to obtain medical assistance, and be	55547
provided assistance in making calls if the assistance is needed	55548
and requested;	55549

(2) Retain counsel and have independent expert evaluation	55550
and, if the person is an indigent person, be represented by	55551
court-appointed counsel and have independent expert evaluation at	55552
court expense;	55553

(3) Upon request, have a hearing to determine whether there	55554
is probable cause to believe that the person is a mentally	55555
retarded person subject to institutionalization by court order.	55556

(C) No person who is being treated by spiritual means through	55557
prayer alone in accordance with a recognized religious method of	55558
healing may be ordered detained or involuntarily committed unless	55559
the court has determined that the person represents a very	55560
substantial risk of self-impairment, self-injury, or impairment or	55561
injury to others.	55562

Sec. 5123.76. (A) The full hearing shall be conducted in a	55563
manner consistent with the procedures outlined in this chapter and	55564
with due process of law. The hearing shall be held by a judge of	55565
the probate division or, upon transfer by the judge of the probate	55566
division, by another judge of the court of common pleas, or a	55567
referee designated by the judge of the probate division. Any	55568
referee designated by the judge of the probate division must be an	55569
attorney.	55570

(1) The following shall be made available to counsel for the	55571
respondent:	55572

(a) All relevant documents, information, and evidence in the	55573
custody or control of the state or prosecutor;	55574

(b) All relevant documents, information, and evidence in the	55575
custody or control of the institution, facility, or program in	55576
which the respondent currently is held or in which the respondent	55577
has been held pursuant to these proceedings;	55578

(c) With the consent of the respondent, all relevant	55579
documents, information, and evidence in the custody or control of	55580
any institution or person other than the state.	55581

(2) The respondent has the right to be represented by counsel	55582
of the respondent's choice and has the right to attend the hearing	55583
except if unusual circumstances of compelling medical necessity	55584
exist that render the respondent unable to attend and the	55585
respondent has not expressed a desire to attend.	55586

(3) If the respondent is not represented by counsel and the	55587
court determines that the conditions specified in division (A)(2)	55588
of this section justify the respondent's absence and the right to	55589
counsel has not been validly waived, the court shall appoint	55590
counsel forthwith to represent the respondent at the hearing,	55591
reserving the right to tax costs of appointed counsel to the	55592
respondent unless it is shown that the respondent is indigent. If	55593
the court appoints counsel, or if the court determines that the	55594
evidence relevant to the respondent's absence does not justify the	55595
absence, the court shall continue the case.	55596

(4) The respondent shall be informed of the right to retain	55597
counsel, to have independent expert evaluation, and, if an	55598
indigent person, to be represented by court appointed counsel and	55599
have expert independent evaluation at court expense.	55600

(5) The hearing may be closed to the public unless counsel	55601
for the respondent requests that the hearing be open to the	55602
public.	55603

(6) Unless objected to by the respondent, the respondent's	55604
counsel, or the designee of the director of mental retardation and	55605
developmental disabilities, the court, for good cause shown, may	55606
admit persons having a legitimate interest in the proceedings.	55607

(7) The affiant under section 5123.71 of the Revised Code	55608
shall be subject to subpoena by either party.	55609

(8) The court shall examine the sufficiency of all documents	55610
filed and shall inform the respondent, if present, and the	55611
respondent's counsel of the nature of the content of the documents	55612
and the reason for which the respondent is being held or for which	55613
the respondent's placement is being sought.	55614

(9) The court shall receive only relevant, competent, and	55615
material evidence.	55616

(10) The designee of the director shall present the evidence	55617
for the state. In proceedings under this chapter, the attorney	55618
general shall present the comprehensive evaluation, assessment,	55619
diagnosis, prognosis, record of habilitation and care, if any, and	55620
less restrictive habilitation plans, if any. The attorney general	55621
does not have a similar presentation responsibility in connection	55622
with a person who has been found not guilty by reason of insanity	55623
and who is the subject of a hearing under section 2945.40 of the	55624
Revised Code to determine whether the person is a mentally	55625
retarded person subject to institutionalization by court order.	55626

(11) The respondent has the right to testify and the	55627
respondent or the respondent's counsel has the right to subpoena	55628
witnesses and documents and to present and cross-examine	55629
witnesses.	55630

(12) The respondent shall not be compelled to testify and	55631
shall be so advised by the court.	55632

(13) On motion of the respondent or the respondent's counsel	55633
for good cause shown, or upon the court's own motion, the court	55634
may order a continuance of the hearing.	55635

(14) To an extent not inconsistent with this chapter, the	55636
Rules of Civil Procedure shall be applicable.	55637

(B) Unless, upon completion of the hearing, the court finds	55638
by clear and convincing evidence that the respondent named in the	55639
affidavit is a mentally retarded person subject to	55640
institutionalization by court order, it shall order the	55641
respondent's discharge forthwith.	55642

(C) If, upon completion of the hearing, the court finds by	55643
clear and convincing evidence that the respondent is a mentally	55644
retarded person subject to institutionalization by court order,	55645
the court may order the respondent's discharge or order the	55646
respondent, for a period not to exceed ninety days, to any of the	55647
following:	55648

(1) A public institution, provided that commitment of the	55649
respondent to the institution will not cause the institution to	55650
exceed its licensed capacity determined in accordance with section	55651
5123.19 of the Revised Code and provided that such a placement is	55652
indicated by the comprehensive evaluation report filed pursuant to	55653
section 5123.71 of the Revised Code;	55654

(2) A private institution;

55655

(3) A county mental retardation program;

55656

(4) Receive private habilitation and care;

55657

(5) Any other suitable facility, program, or the care of any	55658
person consistent with the comprehensive evaluation, assessment,	55659
diagnosis, prognosis, and habilitation needs of the respondent.	55660

(D) Any order made pursuant to division (C)(2), (4), or (5)	55661
of this section shall be conditional upon the receipt by the court	55662
of consent by the facility, program, or person to accept the	55663
respondent.	55664

(E) In determining the place to which, or the person with	55665
whom, the respondent is to be committed, the court shall consider	55666
the comprehensive evaluation, assessment, diagnosis, and projected	55667
habilitation plan for the respondent, and shall order the	55668
implementation of the least restrictive alternative available and	55669
consistent with habilitation goals.	55670

(F) If, at any time it is determined by the director of the	55671
facility or program to which, or the person to whom, the	55672
respondent is committed that the respondent could be equally well	55673
habilitated in a less restrictive environment that is available,	55674
the following shall occur:	55675

(1) The respondent shall be released by the director of the	55676
facility or program or by the person forthwith and referred to the	55677
court together with a report of the findings and recommendations	55678
of the facility, program, or person.	55679

(2) The director of the facility or program or the person	55680
shall notify the respondent's counsel and the designee of the	55681
director of mental retardation and developmental disabilities.	55682

(3) The court shall dismiss the case or order placement in	55683
the less restrictive environment.	55684

(G)(1) Except as provided in divisions (G)(2) and (3) of this	55685
section, any person who has been committed under this section may	55686
apply at any time during the ninety-day period for voluntary	55687
admission to an institution under section 5123.69 of the Revised	55688
Code. Upon admission of a voluntary resident, the managing officer	55689
immediately shall notify the court, the respondent's counsel, and	55690
the designee of the director in writing of that fact by mail or	55691
otherwise, and, upon receipt of the notice, the court shall	55692
dismiss the case.	55693

(2) A person who is found incompetent to stand trial or not	55694
guilty by reason of insanity and who is committed pursuant to	55695
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	55696
Code shall not be voluntarily admitted to an institution pursuant	55697
to division (G)(1) of this section until after the termination of	55698
the commitment, as described in division (J) of section 2945.401	55699
of the Revised Code.	55700

(H) If, at the end of any commitment period, the respondent	55701
has not already been discharged or has not requested voluntary	55702
admission status, the director of the facility or program, or the	55703
person to whose care the respondent has been committed, shall	55704
discharge the respondent forthwith, unless at least ten days	55705
before the expiration of that period the designee of the director	55706
of mental retardation and developmental disabilities or the	55707
prosecutor files an application with the court requesting	55708
continued commitment.	55709

(1) An application for continued commitment shall include a	55710
written report containing a current comprehensive evaluation and	55711
assessment, a diagnosis, a prognosis, an account of progress and	55712
past habilitation, and a description of alternative habilitation	55713
settings and plans, including a habilitation setting that is the	55714
least restrictive setting consistent with the need for	55715
habilitation. A copy of the application shall be provided to	55716
respondent's counsel. The requirements for notice under section	55717
5123.73 of the Revised Code and the provisions of divisions (A) to	55718
(E) of this section apply to all hearings on such applications.	55719

(2) A hearing on the first application for continued	55720
commitment shall be held at the expiration of the first ninety-day	55721
period. The hearing shall be mandatory and may not be waived.	55722

(3) Subsequent periods of commitment not to exceed one	55723
hundred eighty days each may be ordered by the court if the	55724
designee of the director of mental retardation and developmental	55725
disabilities files an application for continued commitment, after	55726
a hearing is held on the application or without a hearing if no	55727
hearing is requested and no hearing required under division (H)(4)	55728
of this section is waived. Upon the application of a person	55729
involuntarily committed under this section, supported by an	55730
affidavit of a licensed physician alleging that the person is no	55731
longer a mentally retarded person subject to institutionalization	55732
by court order, the court for good cause shown may hold a full	55733
hearing on the person's continued commitment prior to the	55734
expiration of any subsequent period of commitment set by the	55735
court.	55736

(4) A mandatory hearing shall be held at least every two	55737
years after the initial commitment.	55738

(5) If the court, after a hearing upon a request to continue	55739
commitment, finds that the respondent is a mentally retarded	55740
person subject to institutionalization by court order, the court	55741
may make an order pursuant to divisions (C), (D), and (E) of this	55742
section.	55743

(I) Notwithstanding the provisions of division (H) of this	55744
section, no person who is found to be a mentally retarded person	55745
subject to institutionalization by court order pursuant to	55746
division ~~(P)~~(O)(2) of section 5123.01 of the Revised Code shall be	55747
held under involuntary commitment for more than five years.	55748

(J) The managing officer admitting a person pursuant to a	55749
judicial proceeding, within ten working days of the admission,	55750
shall make a report of the admission to the department.	55751

Sec. 5126.01. As used in this chapter:

55752

(A) As used in this division, "adult" means an individual who	55753
is eighteen years of age or over and not enrolled in a program or	55754
service under Chapter 3323. of the Revised Code and an individual	55755
sixteen or seventeen years of age who is eligible for adult	55756
services under rules adopted by the director of mental retardation	55757
and developmental disabilities pursuant to Chapter 119. of the	55758
Revised Code.	55759

(1) "Adult services" means services provided to an adult	55760
outside the home, except when they are provided within the home	55761
according to an individual's assessed needs and identified in an	55762
individual service plan, that support learning and assistance in	55763
the area of self-care, sensory and motor development,	55764
socialization, daily living skills, communication, community	55765
living, social skills, or vocational skills.	55766

(2) "Adult services" includes all of the following:

55767

(a) Adult day habilitation services;

55768

(b) Adult day care;

55769

55770

(d) Sheltered employment;

55771

(e) Educational experiences and training obtained through	55772
entities and activities that are not expressly intended for	55773
individuals with mental retardation and developmental	55774
disabilities, including trade schools, vocational or technical	55775
schools, adult education, job exploration and sampling, unpaid	55776
work experience in the community, volunteer activities, and	55777
spectator sports;	55778

(f) Community employment services and supported employment	55779
services.	55780

(B)(1) "Adult day habilitation services" means adult services	55781
that do the following:	55782

(a) Provide access to and participation in typical activities	55783
and functions of community life that are desired and chosen by the	55784
general population, including such activities and functions as	55785
opportunities to experience and participate in community	55786
exploration, companionship with friends and peers, leisure	55787
activities, hobbies, maintaining family contacts, community	55788
events, and activities where individuals without disabilities are	55789
involved;	55790

(b) Provide supports or a combination of training and	55791
supports that afford an individual a wide variety of opportunities	55792
to facilitate and build relationships and social supports in the	55793
community.	55794

(2) "Adult day habilitation services" includes all of the	55795
following:	55796

(a) Personal care services needed to ensure an individual's	55797
ability to experience and participate in vocational services,	55798
educational services, community activities, and any other adult	55799
day habilitation services;	55800

(b) Skilled services provided while receiving adult day	55801
habilitation services, including such skilled services as behavior	55802
management intervention, occupational therapy, speech and language	55803
therapy, physical therapy, and nursing services;	55804

(c) Training and education in self-determination designed to	55805
help the individual do one or more of the following: develop	55806
self-advocacy skills, exercise the individual's civil rights,	55807
acquire skills that enable the individual to exercise control and	55808
responsibility over the services received, and acquire skills that	55809
enable the individual to become more independent, integrated, or	55810
productive in the community;	55811

(d) Recreational and leisure activities identified in the	55812
individual's service plan as therapeutic in nature or assistive in	55813
developing or maintaining social supports;	55814

(e) Counseling and assistance provided to obtain housing,	55815
including such counseling as identifying options for either rental	55816
or purchase, identifying financial resources, assessing needs for	55817
environmental modifications, locating housing, and planning for	55818
ongoing management and maintenance of the housing selected;	55819

(f) Transportation necessary to access adult day habilitation	55820
services;	55821

(g) Habilitation management, as described in section 5126.14	55822
of the Revised Code.	55823

(3) "Adult day habilitation services" does not include	55824
activities that are components of the provision of residential	55825
services, family support services, or supported living services.	55826

(C) "Community employment services" or "supported employment	55827
services" means job training and other services related to	55828
employment outside a sheltered workshop. "Community employment	55829
services" or "supported employment services" include all of the	55830
following:	55831

(1) Job training resulting in the attainment of competitive	55832
work, supported work in a typical work environment, or	55833
self-employment;	55834

(2) Supervised work experience through an employer paid to	55835
provide the supervised work experience;	55836

(3) Ongoing work in a competitive work environment at a wage	55837
commensurate with workers without disabilities;	55838

(4) Ongoing supervision by an employer paid to provide the	55839
supervision.	55840

(D) As used in this division, "substantial functional	55841
limitation," "developmental delay," and "established risk" have	55842
the meanings established pursuant to section 5123.011 of the	55843
Revised Code.	55844

"Developmental disability" means a severe, chronic disability	55845
that is characterized by all of the following:	55846

(1) It is attributable to a mental or physical impairment or	55847
a combination of mental and physical impairments, other than a	55848
mental or physical impairment solely caused by mental illness as	55849
defined in division (A) of section 5122.01 of the Revised Code;	55850

(2) It is manifested before age twenty-two;

55851

(3) It is likely to continue indefinitely;

55852

(4) It results in one of the following:

55853

(a) In the case of a person under age three, at least one	55854
developmental delay or an established risk;	55855

(b) In the case of a person at least age three but under age	55856
six, at least two developmental delays or an established risk;	55857

(c) In the case of a person age six or older, a substantial	55858
functional limitation in at least three of the following areas of	55859
major life activity, as appropriate for the person's age:	55860
self-care, receptive and expressive language, learning, mobility,	55861
self-direction, capacity for independent living, and, if the	55862
person is at least age sixteen, capacity for economic	55863
self-sufficiency.	55864

(5) It causes the person to need a combination and sequence	55865
of special, interdisciplinary, or other type of care, treatment,	55866
or provision of services for an extended period of time that is	55867
individually planned and coordinated for the person.	55868

(E) "Early childhood services" means a planned program of	55869
habilitation designed to meet the needs of individuals with mental	55870
retardation or other developmental disabilities who have not	55871
attained compulsory school age.	55872

(F)(1) "Environmental modifications" means the physical	55873
adaptations to an individual's home, specified in the individual's	55874
service plan, that are necessary to ensure the individual's	55875
health, safety, and welfare or that enable the individual to	55876
function with greater independence in the home, and without which	55877
the individual would require institutionalization.	55878

(2) "Environmental modifications" includes such adaptations	55879
as installation of ramps and grab-bars, widening of doorways,	55880
modification of bathroom facilities, and installation of	55881
specialized electric and plumbing systems necessary to accommodate	55882
the individual's medical equipment and supplies.	55883

(3) "Environmental modifications" does not include physical	55884
adaptations or improvements to the home that are of general	55885
utility or not of direct medical or remedial benefit to the	55886
individual, including such adaptations or improvements as	55887
carpeting, roof repair, and central air conditioning.	55888

(G) "Family support services" means the services provided	55889
under a family support services program operated under section	55890
5126.11 of the Revised Code.	55891

(H) "Habilitation" means the process by which the staff of	55892
the facility or agency assists an individual with mental	55893
retardation or other developmental disability in acquiring and	55894
maintaining those life skills that enable the individual to cope	55895
more effectively with the demands of the individual's own person	55896
and environment, and in raising the level of the individual's	55897
personal, physical, mental, social, and vocational efficiency.	55898
Habilitation includes, but is not limited to, programs of formal,	55899
structured education and training.	55900

(I) ~~"Habilitation center services" means services provided by~~	55901
~~a habilitation center certified by the department of mental~~	55902
~~retardation and developmental disabilities under section 5123.041~~	55903
~~of the Revised Code and covered by the medicaid program pursuant~~	55904
~~to rules adopted under section 5111.041 of the Revised Code.~~	55905

~~(J)~~ "Home and community-based services" means medicaid-funded	55906
home and community-based services specified in division (B)(1) of	55907
section 5111.87 of the Revised Code and provided under the	55908
medicaid waiver components the department of mental retardation	55909
and developmental disabilities administers pursuant to section	55910
5111.871 of the Revised Code.	55911

~~(K)~~(J) "Medicaid" has the same meaning as in section 5111.01	55912
of the Revised Code.	55913

~~(L)~~(K) "Medicaid case management services" means case	55914
management services provided to an individual with mental	55915
retardation or other developmental disability that the state	55916
medicaid plan requires.	55917

~~(M)~~(L) "Mental retardation" means a mental impairment	55918
manifested during the developmental period characterized by	55919
significantly subaverage general intellectual functioning existing	55920
concurrently with deficiencies in the effectiveness or degree with	55921
which an individual meets the standards of personal independence	55922
and social responsibility expected of the individual's age and	55923
cultural group.	55924

~~(N)~~(M) "Residential services" means services to individuals	55925
with mental retardation or other developmental disabilities to	55926
provide housing, food, clothing, habilitation, staff support, and	55927
related support services necessary for the health, safety, and	55928
welfare of the individuals and the advancement of their quality of	55929
life. "Residential services" includes program management, as	55930
described in section 5126.14 of the Revised Code.	55931

~~(O)~~(N) "Resources" means available capital and other assets,	55932
including moneys received from the federal, state, and local	55933
governments, private grants, and donations; appropriately	55934
qualified personnel; and appropriate capital facilities and	55935
equipment.	55936

~~(P)~~(O) "Service and support administration" means the duties	55937
performed by a service and support administrator pursuant to	55938
section 5126.15 of the Revised Code.	55939

~~(Q)~~(P)(1) "Specialized medical, adaptive, and assistive	55940
equipment, supplies, and supports" means equipment, supplies, and	55941
supports that enable an individual to increase the ability to	55942
perform activities of daily living or to perceive, control, or	55943
communicate within the environment.	55944

(2) "Specialized medical, adaptive, and assistive equipment,	55945
supplies, and supports" includes the following:	55946

(a) Eating utensils, adaptive feeding dishes, plate guards,	55947
mylatex straps, hand splints, reaches, feeder seats, adjustable	55948
pointer sticks, interpreter services, telecommunication devices	55949
for the deaf, computerized communications boards, other	55950
communication devices, support animals, veterinary care for	55951
support animals, adaptive beds, supine boards, prone boards,	55952
wedges, sand bags, sidelayers, bolsters, adaptive electrical	55953
switches, hand-held shower heads, air conditioners, humidifiers,	55954
emergency response systems, folding shopping carts, vehicle lifts,	55955
vehicle hand controls, other adaptations of vehicles for	55956
accessibility, and repair of the equipment received.	55957

(b) Nondisposable items not covered by medicaid that are	55958
intended to assist an individual in activities of daily living or	55959
instrumental activities of daily living.	55960

~~(R)~~(Q) "Supportive home services" means a range of services	55961
to families of individuals with mental retardation or other	55962
developmental disabilities to develop and maintain increased	55963
acceptance and understanding of such persons, increased ability of	55964
family members to teach the person, better coordination between	55965
school and home, skills in performing specific therapeutic and	55966
management techniques, and ability to cope with specific	55967
situations.	55968

~~(S)~~(R)(1) "Supported living" means services provided for as	55969
long as twenty-four hours a day to an individual with mental	55970
retardation or other developmental disability through any public	55971
or private resources, including moneys from the individual, that	55972
enhance the individual's reputation in community life and advance	55973
the individual's quality of life by doing the following:	55974

(a) Providing the support necessary to enable an individual	55975
to live in a residence of the individual's choice, with any number	55976
of individuals who are not disabled, or with not more than three	55977
individuals with mental retardation and developmental disabilities	55978
unless the individuals are related by blood or marriage;	55979

(b) Encouraging the individual's participation in the	55980
community;	55981

55982

(d) Assisting the individual in acquiring, retaining, and	55983
improving the skills and competence necessary to live successfully	55984
in the individual's residence.	55985

(2) "Supported living" includes the provision of all of the	55986
following:	55987

(a) Housing, food, clothing, habilitation, staff support,	55988
professional services, and any related support services necessary	55989
to ensure the health, safety, and welfare of the individual	55990
receiving the services;	55991

(b) A combination of life-long or extended-duration	55992
supervision, training, and other services essential to daily	55993
living, including assessment and evaluation and assistance with	55994
the cost of training materials, transportation, fees, and	55995
supplies;	55996

55997

(d) Household maintenance that does not include modifications	55998
to the physical structure of the residence;	55999

(e) Respite care services;

56000

(f) Program management, as described in section 5126.14 of	56001
the Revised Code.	56002

Sec. 5126.035. (A) As used in this section:

56003

(1) "Provider" means a person or government entity that	56004
provides services to an individual with mental retardation or	56005
other developmental disability pursuant to a service contract.	56006

(2) "Service contract" means a contract between a county	56007
board of mental retardation and developmental disabilities and a	56008
provider under which the provider is to provide services to an	56009
individual with mental retardation or other developmental	56010
disability.	56011

(B) Each service contract that a county board of mental	56012
retardation and developmental disabilities enters into with a	56013
provider shall do ~~all~~both of the following:	56014

(1) ~~Comply with rules adopted under division (E) of this~~	56015
~~section;~~	56016

~~(2)~~ If the provider is to provide home and community-based	56017
services,or medicaid case management services, ~~or habilitation~~	56018
~~center services,~~ comply with all applicable statewide medicaid	56019
requirements;	56020

~~(3)~~(2) Include a general operating agreement component and an	56021
individual service needs addendum.	56022

(C) The general operating agreement component shall include	56023
all of the following:	56024

(1) The roles and responsibilities of the county board	56025
regarding services for individuals with mental retardation or	56026
other developmental disability who reside in the county the county	56027
board serves;	56028

(2) The roles and responsibilities of the provider as	56029
specified in the individual service needs addendum;	56030

(3) Procedures for the county board to monitor the provider's	56031
services;	56032

(4) Procedures for the county board to evaluate the quality	56033
of care and cost effectiveness of the provider's services;	56034

(5) Procedures for payment of eligible claims;

56035

(6) If the provider is to provide home and community-based	56036
services,or medicaid case management services, ~~or habilitation~~	56037
~~center services,~~ both of the following:	56038

(a) Procedures for reimbursement that conform to the	56039
statewide reimbursement process and the county board's plan	56040
submitted under section 5126.054 of the Revised Code;	56041

(b) Procedures that ensure that the county board pays the	56042
nonfederal share of the medicaid expenditures that the county	56043
board is required by division (A) of section 5126.057 of the	56044
Revised Code to pay.	56045

(7) Procedures for the county board to perform service	56046
utilization reviews and the implementation of required corrective	56047
actions;	56048

(8) Procedures for the provider to submit claims for payment	56049
for a service no later than three hundred thirty days after the	56050
date the service is provided;	56051

(9) Procedures for rejecting claims for payment that are	56052
submitted after the time required by division ~~(B)(9)~~(C)(8) of this	56053
section;	56054

(10) Procedures for developing, modifying, and executing	56055
initial and subsequent service plans. The procedures shall provide	56056
for the provider's participation.	56057

(11) Procedures for affording individuals due process	56058
protections;	56059

(12) General staffing, training, and certification	56060
requirements that are consistent with state requirements and	56061
compensation arrangements that are necessary to attract, train,	56062
and retain competent personnel to deliver the services pursuant to	56063
the individual service needs addendum;	56064

(13) Methods to be used to document services provided and	56065
procedures for submitting reports the county board requires;	56066

(14) Methods for authorizing and documenting within	56067
seventy-two hours changes to the individual service needs	56068
addendum. The methods shall allow for changes to be initially	56069
authorized verbally and subsequently in writing.	56070

(15) Procedures for modifying the individual service needs	56071
addendum in accordance with changes to the recipient's	56072
individualized service plan;	56073

(16) Procedures for terminating the individual service needs	56074
addendum within thirty days of a request made by the recipient;	56075

(17) A requirement that all parties to the contract accept	56076
the contract's terms and conditions;	56077

(18) A designated contact person and the method of contacting	56078
the designated person to respond to medical or behavioral problems	56079
and allegations of major unusual incidents or unusual incidents;	56080

(19) Procedures for ensuring the health and welfare of the	56081
recipient;	56082

(20) Procedures for ensuring fiscal accountability and the	56083
collection and reporting of programmatic data;	56084

(21) Procedures for implementing the mediation and	56085
arbitration process under section 5126.036 of the Revised Code;	56086

(22) Procedures for amending or terminating the contract,	56087
including as necessary to make the general operating agreement	56088
component consistent with any changes made to the individual	56089
service needs addendum;	56090

(23) Anything else allowable under federal and state law that	56091
the county board and provider agree to.	56092

(D) The individual service needs addendum shall be consistent	56093
with the general operating agreement component and include all of	56094
the following:	56095

(1) The name of the individual with mental retardation or	56096
other developmental disability who is to receive the services from	56097
the provider and any information about the recipient that the	56098
provider needs to be able to provide the services;	56099

(2) A clear and complete description of the services that the	56100
recipient is to receive as determined using statewide assessment	56101
tools;	56102

(3) A copy of the recipient's assessment and individualized	56103
service plan;	56104

(4) A clear and complete description of the provider's	56105
responsibilities to the recipient and county board in providing	56106
appropriate services in a coordinated manner with other providers	56107
and in a manner that contributes to and ensures the recipient's	56108
health, safety, and welfare.	56109

(E) ~~The director of mental retardation and developmental~~	56110
~~disabilities shall adopt rules in accordance with Chapter 119. of~~	56111
~~the Revised Code governing service contracts.~~ A service contract	56112
does not negate the requirement that a provider of home and	56113
community-based services,or medicaid case management services~~, or~~	56114
~~habilitation center services~~ have a medicaid provider agreement	56115
with the department of job and family services.	56116

Sec. 5126.042. (A) As used in this section, "emergency"	56117
means any situation that creates for an individual with mental	56118
retardation or developmental disabilities a risk of substantial	56119
self-harm or substantial harm to others if action is not taken	56120
within thirty days. An "emergency" may include one or more of the	56121
following situations:	56122

(1) Loss of present residence for any reason, including legal	56123
action;	56124

(2) Loss of present caretaker for any reason, including	56125
serious illness of the caretaker, change in the caretaker's	56126
status, or inability of the caretaker to perform effectively for	56127
the individual;	56128

(3) Abuse, neglect, or exploitation of the individual;

56129

(4) Health and safety conditions that pose a serious risk to	56130
the individual or others of immediate harm or death;	56131

(5) Change in the emotional or physical condition of the	56132
individual that necessitates substantial accommodation that cannot	56133
be reasonably provided by the individual's existing caretaker.	56134

(B) If a county board of mental retardation and developmental	56135
disabilities determines that available resources are not	56136
sufficient to meet the needs of all individuals who request	56137
programs and services and may be offered the programs and	56138
services, it shall establish waiting lists for services. The board	56139
may establish priorities for making placements on its waiting	56140
lists according to an individual's emergency status and shall	56141
establish priorities in accordance with divisions (D) and (E) of	56142
this section.	56143

The individuals who may be placed on a waiting list include	56144
individuals with a need for services on an emergency basis and	56145
individuals who have requested services for which resources are	56146
not available.	56147

Except for an individual who is to receive priority for	56148
services pursuant to division (D)(3) of this section, an	56149
individual who currently receives a service but would like to	56150
change to another service shall not be placed on a waiting list	56151
but shall be placed on a service substitution list. The board	56152
shall work with the individual, service providers, and all	56153
appropriate entities to facilitate the change in service as	56154
expeditiously as possible. The board may establish priorities for	56155
making placements on its service substitution lists according to	56156
an individual's emergency status.	56157

In addition to maintaining waiting lists and service	56158
substitution lists, a board shall maintain a long-term service	56159
planning registry for individuals who wish to record their	56160
intention to request in the future a service they are not	56161
currently receiving. The purpose of the registry is to enable the	56162
board to document requests and to plan appropriately. The board	56163
may not place an individual on the registry who meets the	56164
conditions for receipt of services on an emergency basis.	56165

(C) A county board shall establish a separate waiting list	56166
for each of the following categories of services, and may	56167
establish separate waiting lists within the waiting lists:	56168

(1) Early childhood services;

56169

(2) Educational programs for preschool and school age	56170
children;	56171

(3) Adult services;

56172

(4) Service and support administration;

56173

(5) Residential services and supported living;

56174

(6) Transportation services;

56175

(7) Other services determined necessary and appropriate for	56176
persons with mental retardation or a developmental disability	56177
according to their individual habilitation or service plans;	56178

(8) Family support services provided under section 5126.11 of	56179
the Revised Code.	56180

(D) Except as provided in division (G) of this section, a	56181
county board shall do, as priorities, all of the following in	56182
accordance with the assessment component, approved under section	56183
5123.046 of the Revised Code, of the county board's plan developed	56184
under section 5126.054 of the Revised Code:	56185

(1) For the purpose of obtaining additional federal medicaid	56186
funds for home and community-based services,and medicaid case	56187
management services, ~~and habilitation center services,~~ do both of	56188
the following:	56189

(a) Give an individual who is eligible for home and	56190
community-based services and meets both of the following	56191
requirements priority over any other individual on a waiting list	56192
established under division (C) of this section for home and	56193
community-based services that include supported living,	56194
residential services, or family support services:	56195

(i) Is twenty-two years of age or older;

56196

(ii) Receives supported living or family support services.

56197

(b) Give an individual who is eligible for home and	56198
community-based services and meets both of the following	56199
requirements priority over any other individual on a waiting list	56200
established under division (C) of this section for home and	56201
community-based services that include adult services:	56202

(i) Resides in the individual's own home or the home of the	56203
individual's family and will continue to reside in that home after	56204
enrollment in home and community-based services;	56205

(ii) Receives adult services from the county board.

56206

(2) As federal medicaid funds become available pursuant to	56207
division (D)(1) of this section, give an individual who is	56208
eligible for home and community-based services and meets any of	56209
the following requirements priority for such services over any	56210
other individual on a waiting list established under division (C)	56211
of this section:	56212

(a) Does not receive residential services or supported	56213
living, either needs services in the individual's current living	56214
arrangement or will need services in a new living arrangement, and	56215
has a primary caregiver who is sixty years of age or older;	56216

(b) Is less than twenty-two years of age and has at least one	56217
of the following service needs that are unusual in scope or	56218
intensity:	56219

(i) Severe behavior problems for which a behavior support	56220
plan is needed;	56221

(ii) An emotional disorder for which anti-psychotic	56222
medication is needed;	56223

(iii) A medical condition that leaves the individual	56224
dependent on life-support medical technology;	56225

(iv) A condition affecting multiple body systems for which a	56226
combination of specialized medical, psychological, educational, or	56227
habilitation services are needed;	56228

(v) A condition the county board determines to be comparable	56229
in severity to any condition described in division (D)(2)(b)(i) to	56230
(iv) of this section and places the individual at significant risk	56231
of institutionalization.	56232

(c) Is twenty-two years of age or older, does not receive	56233
residential services or supported living, and is determined by the	56234
county board to have intensive needs for home and community-based	56235
services on an in-home or out-of-home basis.	56236

(3) In fiscal years 2002 and 2003, give an individual who is	56237
eligible for home and community-based services, resides in an	56238
intermediate care facility for the mentally retarded or nursing	56239
facility, chooses to move to another setting with the help of home	56240
and community-based services, and has been determined by the	56241
department of mental retardation and developmental disabilities to	56242
be capable of residing in the other setting, priority over any	56243
other individual on a waiting list established under division (C)	56244
of this section for home and community-based services who does not	56245
meet these criteria. The department of mental retardation and	56246
developmental disabilities shall identify the individuals to	56247
receive priority under division (D)(3) of this section, assess the	56248
needs of the individuals, and notify the county boards that are to	56249
provide the individuals priority under division (D)(3) of this	56250
section of the individuals identified by the department and the	56251
individuals' assessed needs.	56252

(E) Except as provided in division (G) of this section and	56253
for a number of years and beginning on a date specified in rules	56254
adopted under division (K) of this section, a county board shall	56255
give an individual who is eligible for home and community-based	56256
services, resides in a nursing facility, and chooses to move to	56257
another setting with the help of home and community-based	56258
services, priority over any other individual on a waiting list	56259
established under division (C) of this section for home and	56260
community-based services who does not meet these criteria.	56261

(F) If two or more individuals on a waiting list established	56262
under division (C) of this section for home and community-based	56263
services have priority for the services pursuant to division	56264
(D)(1) or (2) or (E) of this section, a county board may use,	56265
until December 31, ~~2005~~2007, criteria specified in rules adopted	56266
under division (K)(2) of this section in determining the order in	56267
which the individuals with priority will be offered the services.	56268
Otherwise, the county board shall offer the home and	56269
community-based services to such individuals in the order they are	56270
placed on the waiting list.	56271

(G)(1) No individual may receive priority for services	56272
pursuant to division (D) or (E) of this section over an individual	56273
placed on a waiting list established under division (C) of this	56274
section on an emergency status.	56275

(2) No more than four hundred individuals in the state may	56276
receive priority for services during the ~~2004~~2006 and ~~2005~~2007	56277
biennium pursuant to division (D)(2)(b) of this section.	56278

(3) No more than a total of seventy-five individuals in the	56279
state may receive priority for services during state fiscal years	56280
2002 and 2003 pursuant to division (D)(3) of this section.	56281

(4) No more than forty individuals in the state may receive	56282
priority for services pursuant to division (E) of this section for	56283
each year that priority category is in effect as specified in	56284
rules adopted under division (K) of this section.	56285

(H) Prior to establishing any waiting list under this	56286
section, a county board shall develop and implement a policy for	56287
waiting lists that complies with this section and rules adopted	56288
under division (K) of this section.	56289

Prior to placing an individual on a waiting list, the county	56290
board shall assess the service needs of the individual in	56291
accordance with all applicable state and federal laws. The county	56292
board shall place the individual on the appropriate waiting list	56293
and may place the individual on more than one waiting list. The	56294
county board shall notify the individual of the individual's	56295
placement and position on each waiting list on which the	56296
individual is placed.	56297

At least annually, the county board shall reassess the	56298
service needs of each individual on a waiting list. If it	56299
determines that an individual no longer needs a program or	56300
service, the county board shall remove the individual from the	56301
waiting list. If it determines that an individual needs a program	56302
or service other than the one for which the individual is on the	56303
waiting list, the county board shall provide the program or	56304
service to the individual or place the individual on a waiting	56305
list for the program or service in accordance with the board's	56306
policy for waiting lists.	56307

When a program or service for which there is a waiting list	56308
becomes available, the county board shall reassess the service	56309
needs of the individual next scheduled on the waiting list to	56310
receive that program or service. If the reassessment demonstrates	56311
that the individual continues to need the program or service, the	56312
board shall offer the program or service to the individual. If it	56313
determines that an individual no longer needs a program or	56314
service, the county board shall remove the individual from the	56315
waiting list. If it determines that an individual needs a program	56316
or service other than the one for which the individual is on the	56317
waiting list, the county board shall provide the program or	56318
service to the individual or place the individual on a waiting	56319
list for the program or service in accordance with the board's	56320
policy for waiting lists. The county board shall notify the	56321
individual of the individual's placement and position on the	56322
waiting list on which the individual is placed.	56323

(I) A child subject to a determination made pursuant to	56324
section 121.38 of the Revised Code who requires the home and	56325
community-based services provided through a medicaid component	56326
that the department of mental retardation and developmental	56327
disabilities administers under section 5111.871 of the Revised	56328
Code shall receive services through that medicaid component. For	56329
all other services, a child subject to a determination made	56330
pursuant to section 121.38 of the Revised Code shall be treated as	56331
an emergency by the county boards and shall not be subject to a	56332
waiting list.	56333

(J) Not later than the fifteenth day of March of each	56334
even-numbered year, each county board shall prepare and submit to	56335
the director of mental retardation and developmental disabilities	56336
its recommendations for the funding of services for individuals	56337
with mental retardation and developmental disabilities and its	56338
proposals for reducing the waiting lists for services.	56339

(K)(1) The department of mental retardation and developmental	56340
disabilities shall adopt rules in accordance with Chapter 119. of	56341
the Revised Code governing waiting lists established under this	56342
section. The rules shall include procedures to be followed to	56343
ensure that the due process rights of individuals placed on	56344
waiting lists are not violated.	56345

(2) As part of the rules adopted under this division, the	56346
department shall adopt rules establishing criteria a county board	56347
may use under division (F) of this section in determining the	56348
order in which individuals with priority for home and	56349
community-based services will be offered the services. The rules	56350
shall also specify conditions under which a county board, when	56351
there is no individual with priority for home and community-based	56352
services pursuant to division (D)(1) or (2) or (E) of this section	56353
available and appropriate for the services, may offer the services	56354
to an individual on a waiting list for the services but not given	56355
such priority for the services. The rules adopted under division	56356
(K)(2) of this section shall cease to have effect December 31,	56357
~~2005~~2007.	56358

(3) As part of the rules adopted under this division, the	56359
department shall adopt rules specifying both of the following for	56360
the priority category established under division (E) of this	56361
section:	56362

(a) The number of years, which shall not exceed five, that	56363
the priority category will be in effect;	56364

(b) The date that the priority category is to go into effect.

56365

(L) The following shall take precedence over the applicable	56366
provisions of this section:	56367

(1) Medicaid rules and regulations;

56368

(2) Any specific requirements that may be contained within a	56369
medicaid state plan amendment or waiver program that a county	56370
board has authority to administer or with respect to which it has	56371
authority to provide services, programs, or supports.	56372

Sec. 5126.054. (A) Each county board of mental retardation	56373
and developmental disabilities shall, by resolution, develop a	56374
three-calendar year plan that includes the following four	56375
components:	56376

(1) An assessment component that includes all of the	56377
following:	56378

(a) The number of individuals with mental retardation or	56379
other developmental disability residing in the county who need the	56380
level of care provided by an intermediate care facility for the	56381
mentally retarded, may seek home and community-based services, are	56382
given priority for the services pursuant to division (D) of	56383
section 5126.042 of the Revised Code; the service needs of those	56384
individuals; and the projected annualized cost for services;	56385

(b) The source of funds available to the county board to pay	56386
the nonfederal share of medicaid expenditures that the county	56387
board is required by division (A) of section 5126.057 of the	56388
Revised Code to pay;	56389

(c) Any other applicable information or conditions that the	56390
department of mental retardation and developmental disabilities	56391
requires as a condition of approving the component under section	56392
5123.046 of the Revised Code.	56393

(2) A component that provides for the recruitment, training,	56394
and retention of existing and new direct care staff necessary to	56395
implement services included in individualized service plans,	56396
including behavior management services and health management	56397
services such as delegated nursing and other habilitation	56398
services, and protect the health and welfare of individuals	56399
receiving services included in the individual's individualized	56400
service plan by complying with safeguards for unusual and major	56401
unusual incidents, day-to-day program management, and other	56402
requirements the department shall identify. A county board shall	56403
develop this component in collaboration with providers of	56404
medicaid-funded services with which the county board contracts. A	56405
county board shall include all of the following in the component:	56406

(a) The source and amount of funds available for the	56407
component;	56408

(b) A plan and timeline for implementing the component with	56409
the medicaid providers under contract with the county board;	56410

(c) The mechanisms the county board shall use to ensure the	56411
financial and program accountability of the medicaid provider's	56412
implementation of the component.	56413

(3) A preliminary implementation component that specifies the	56414
number of individuals to be provided, during the first year that	56415
the plan is in effect, home and community-based services pursuant	56416
to the priority given to them under divisions (D)(1) and (2) of	56417
section 5126.042 of the Revised Code and the types of home and	56418
community-based services the individuals are to receive;	56419

(4) A component that provides for the implementation of	56420
~~habilitation center services,~~ medicaid case management services,	56421
and home and community-based services for individuals who begin to	56422
receive the services on or after the date the plan is approved	56423
under section 5123.046 of the Revised Code. A county board shall	56424
include all of the following in the component:	56425

(a) If the department of mental retardation and developmental	56426
disabilities or department of job and family services requires, an	56427
agreement to pay the nonfederal share of medicaid expenditures	56428
that the county board is required by division (A) of section	56429
5126.057 of the Revised Code to pay;	56430

(b) How the services are to be phased in over the period the	56431
plan covers, including how the county board will serve individuals	56432
on a waiting list established under division (C) of section	56433
5126.042 who are given priority status under division (D)(1) of	56434
that section;	56435

(c) Any agreement or commitment regarding the county board's	56436
funding of home and community-based services that the county board	56437
has with the department at the time the county board develops the	56438
component;	56439

(d) Assurances adequate to the department that the county	56440
board will comply with all of the following requirements:	56441

(i) To provide the types of home and community-based services	56442
specified in the preliminary implementation component required by	56443
division (A)(3) of this section to at least the number of	56444
individuals specified in that component;	56445

(ii) To use any additional funds the county board receives	56446
for the services to improve the county board's resource	56447
capabilities for supporting such services available in the county	56448
at the time the component is developed and to expand the services	56449
to accommodate the unmet need for those services in the county;	56450

(iii) To employ a business manager who is either a new	56451
employee who has earned at least a bachelor's degree in business	56452
administration or a current employee who has the equivalent	56453
experience of a bachelor's degree in business administration. If	56454
the county board will employ a new employee, the county board	56455
shall include in the component a timeline for employing the	56456
employee.	56457

(iv) To employ or contract with a medicaid services manager	56458
who is either a new employee who has earned at least a bachelor's	56459
degree or a current employee who has the equivalent experience of	56460
a bachelor's degree. If the county board will employ a new	56461
employee, the county board shall include in the component a	56462
timeline for employing the employee. Two or three county boards	56463
that have a combined total enrollment in county board services not	56464
exceeding one thousand individuals as determined pursuant to	56465
certifications made under division (B) of section 5126.12 of the	56466
Revised Code may satisfy this requirement by sharing the services	56467
of a medicaid services manager or using the services of a medicaid	56468
services manager employed by or under contract with a regional	56469
council that the county boards establish under section 5126.13 of	56470
the Revised Code.	56471

(e) An agreement to comply with the method, developed by	56472
rules adopted under section 5123.0413 of the Revised Code, of	56473
paying for extraordinary costs, including extraordinary costs for	56474
services to individuals with mental retardation or other	56475
developmental disability, and ensuring the availability of	56476
adequate funds in the event a county property tax levy for	56477
services for individuals with mental retardation or other	56478
developmental disability fails;	56479

(f) Programmatic and financial accountability measures and	56480
projected outcomes expected from the implementation of the plan;	56481

(g) Any other applicable information or conditions that the	56482
department requires as a condition of approving the component	56483
under section 5123.046 of the Revised Code.	56484

(B) For the purpose of obtaining the department's approval	56485
under section 5123.046 of the Revised Code of the plan the county	56486
board develops under division (A) of this section, a county board	56487
shall do all of the following:	56488

(1) Submit the components required by divisions (A)(1) and	56489
(2) of this section to the department not later than August 1,	56490
2001;	56491

(2) Submit the component required by division (A)(3) of this	56492
section to the department not later than January 31, 2002;	56493

(3) Submit the component required by division (A)(4) of this	56494
section to the department not later than July 1, 2002.	56495

(C) A county board whose plan developed under division (A) of	56496
this section is approved by the department under section 5123.046	56497
of the Revised Code shall update and renew the plan in accordance	56498
with a schedule the department shall develop.	56499

Sec. 5126.055. (A) Except as provided in section 5126.056 of	56500
the Revised Code, a county board of mental retardation and	56501
developmental disabilities has medicaid local administrative	56502
authority to, and shall, do all of the following for an individual	56503
with mental retardation or other developmental disability who	56504
resides in the county that the county board serves and seeks or	56505
receives home and community-based services:	56506

(1) Perform assessments and evaluations of the individual. As	56507
part of the assessment and evaluation process, the county board	56508
shall do all of the following:	56509

(a) Make a recommendation to the department of mental	56510
retardation and developmental disabilities on whether the	56511
department should approve or deny the individual's application for	56512
the services, including on the basis of whether the individual	56513
needs the level of care an intermediate care facility for the	56514
mentally retarded provides;	56515

(b) If the individual's application is denied because of the	56516
county board's recommendation and the individual requests a	56517
hearing under section 5101.35 of the Revised Code, present, with	56518
the department of mental retardation and developmental	56519
disabilities or department of job and family services, whichever	56520
denies the application, the reasons for the recommendation and	56521
denial at the hearing;	56522

(c) If the individual's application is approved, recommend to	56523
the departments of mental retardation and developmental	56524
disabilities and job and family services the services that should	56525
be included in the individual's individualized service plan and,	56526
if either department approves, reduces, denies, or terminates a	56527
service included in the individual's individualized service plan	56528
under section 5111.871 of the Revised Code because of the county	56529
board's recommendation, present, with the department that made the	56530
approval, reduction, denial, or termination, the reasons for the	56531
recommendation and approval, reduction, denial, or termination at	56532
a hearing under section 5101.35 of the Revised Code.	56533

(2) If the individual has been identified by the department	56534
of mental retardation and developmental disabilities as an	56535
individual to receive priority for home and community-based	56536
services pursuant to division (D)(3) of section 5126.042 of the	56537
Revised Code, assist the department in expediting the transfer of	56538
the individual from an intermediate care facility for the mentally	56539
retarded or nursing facility to the home and community-based	56540
services;	56541

(3) In accordance with the rules adopted under section	56542
5126.046 of the Revised Code, perform the county board's duties	56543
under that section regarding assisting the individual's right to	56544
choose a qualified and willing provider of the services and, at a	56545
hearing under section 5101.35 of the Revised Code, present	56546
evidence of the process for appropriate assistance in choosing	56547
providers;	56548

(4) Unless the county board provides the services under	56549
division (A)(5) of this section, contract with the person or	56550
government entity the individual chooses in accordance with	56551
section 5126.046 of the Revised Code to provide the services if	56552
the person or government entity is qualified and agrees to provide	56553
the services. The contract shall contain all the provisions	56554
required by section 5126.035 of the Revised Code and require the	56555
provider to agree to furnish, in accordance with the provider's	56556
medicaid provider agreement and for the authorized reimbursement	56557
rate, the services the individual requires.	56558

(5) If the county board is certified under section ~~5123.045~~	56559
5123.16 of the Revised Code to provide the services and agrees to	56560
provide the services to the individual and the individual chooses	56561
the county board to provide the services, furnish, in accordance	56562
with the county board's medicaid provider agreement and for the	56563
authorized reimbursement rate, the services the individual	56564
requires;	56565

(6) Monitor the services provided to the individual and	56566
ensure the individual's health, safety, and welfare. The	56567
monitoring shall include quality assurance activities. If the	56568
county board provides the services, the department of mental	56569
retardation and developmental disabilities shall also monitor the	56570
services.	56571

(7) Develop, with the individual and the provider of the	56572
individual's services, an effective individualized service plan	56573
that includes coordination of services, recommend that the	56574
departments of mental retardation and developmental disabilities	56575
and job and family services approve the plan, and implement the	56576
plan unless either department disapproves it;	56577

(8) Have an investigative agent conduct investigations under	56578
section 5126.313 of the Revised Code that concern the individual;	56579

(9) Have a service and support administrator perform the	56580
duties under division (B)(9) of section 5126.15 of the Revised	56581
Code that concern the individual.	56582

(B) ~~Except as provided in section 5126.056 of the Revised~~	56583
~~Code, a county board has medicaid local administrative authority~~	56584
~~to, and shall, do all of the following for an individual with~~	56585
~~mental retardation or other developmental disability who resides~~	56586
~~in the county that the county board serves and seeks or receives~~	56587
~~medicaid case management services or habilitation center services,~~	56588
~~other than habilitation center services for which a school~~	56589
~~district is required by division (E) of section 5111.041 of the~~	56590
~~Revised Code to pay the nonfederal share:~~	56591

~~(1) Perform assessments and evaluations of the individual for~~	56592
~~the purpose of recommending to the departments of mental~~	56593
~~retardation and developmental disabilities and job and family~~	56594
~~services the services that should be included in the individual's~~	56595
~~individualized service plan;~~	56596

~~(2) If the department of mental retardation and developmental~~	56597
~~disabilities or department of job and family services approves,~~	56598
~~reduces, denies, or terminates a service included in the~~	56599
~~individual's individualized service plan under section 5111.041 or~~	56600
~~5111.042 of the Revised Code because of the county board's~~	56601
~~recommendation under division (B)(1) of this section, present,~~	56602
~~with the department that made the approval, reduction, denial, or~~	56603
~~termination, the reasons for the recommendation and approval,~~	56604
~~reduction, denial, or termination at a hearing under section~~	56605
~~5101.35 of the Revised Code and inform the individual that the~~	56606
~~individual may file a complaint with the county board under~~	56607
~~section 5126.06 of the Revised Code at the same time the~~	56608
~~individual pursues an appeal under section 5101.35 of the Revised~~	56609
~~Code;~~	56610

~~(3) In accordance with rules the departments of mental~~	56611
~~retardation and developmental disabilities and job and family~~	56612
~~services shall adopt in accordance with Chapter 119. of the~~	56613
~~Revised Code governing the process for individuals to choose~~	56614
~~providers of medicaid case management services and habilitation~~	56615
~~center services, assist the individual in choosing the provider of~~	56616
~~the services. The rules shall provide for both of the following:~~	56617

~~(a) The county board providing the individual up-to-date~~	56618
~~information about qualified providers that the department of~~	56619
~~mental retardation and developmental disabilities shall make~~	56620
~~available to the county board;~~	56621

~~(b) If the individual chooses a provider who is qualified and~~	56622
~~willing to provide the services but is denied that provider, the~~	56623
~~individual receiving timely notice that the individual may request~~	56624
~~a hearing under section 5101.35 of the Revised Code and, at the~~	56625
~~hearing, the county board presenting evidence of the process for~~	56626
~~appropriate assistance in choosing providers.~~	56627

~~(4) Unless the county board provides the services under~~	56628
~~division (B)(5) of this section, contract with the person or~~	56629
~~government entity that the individual chooses in accordance with~~	56630
~~the rules adopted under division (B)(3) of this section to provide~~	56631
~~the services if the person or government entity is qualified and~~	56632
~~agrees to provide the services. The contract shall contain all the~~	56633
~~provisions required by section 5126.035 of the Revised Code and~~	56634
~~require the provider to agree to furnish, in accordance with the~~	56635
~~provider's medicaid provider agreement and for the authorized~~	56636
~~reimbursement rate, the services the individual requires.~~	56637

~~(5) If the county board is certified under section 5123.041~~	56638
~~of the Revised Code to provide the services and agrees to provide~~	56639
~~the services to the individual and the individual chooses the~~	56640
~~county board to provide the services, furnish, in accordance with~~	56641
~~the county board's medicaid provider agreement and for the~~	56642
~~authorized reimbursement rate, the services the individual~~	56643
~~requires;~~	56644

~~(6) Monitor the services provided to the individual. The~~	56645
~~monitoring shall include quality assurance activities. If the~~	56646
~~county board provides the services, the department of mental~~	56647
~~retardation and developmental disabilities shall also monitor the~~	56648
~~services.~~	56649

~~(7) Develop with the individual and the provider of the~~	56650
~~individual's services, and with the approval of the departments of~~	56651
~~mental retardation and developmental disabilities and job and~~	56652
~~family services, implement an effective plan for coordinating the~~	56653
~~services in accordance with the individual's approved~~	56654
~~individualized service plan;~~	56655

~~(8) Have an investigative agent conduct investigations under~~	56656
~~section 5126.313 of the Revised Code that concern the individual;~~	56657

~~(9) Have a service and support administrator perform the~~	56658
~~duties under division (B)(9) of section 5126.15 of the Revised~~	56659
~~Code that concern the individual.~~	56660

~~(C)~~ A county board shall perform its medicaid local	56661
administrative authority under this section in accordance with all	56662
of the following:	56663

(1) The county board's plan that the department of mental	56664
retardation and developmental disabilities approves under section	56665
5123.046 of the Revised Code;	56666

(2) All applicable federal and state laws;

56667

(3) All applicable policies of the departments of mental	56668
retardation and developmental disabilities and job and family	56669
services and the United States department of health and human	56670
services;	56671

(4) The department of job and family services' supervision	56672
under its authority under section 5111.01 of the Revised Code to	56673
act as the single state medicaid agency;	56674

(5) The department of mental retardation and developmental	56675
disabilities' oversight.	56676

~~(D)~~(C) The departments of mental retardation and	56677
developmental disabilities and job and family services shall	56678
communicate with and provide training to county boards regarding	56679
medicaid local administrative authority granted by this section.	56680
The communication and training shall include issues regarding	56681
audit protocols and other standards established by the United	56682
States department of health and human services that the	56683
departments determine appropriate for communication and training.	56684
County boards shall participate in the training. The departments	56685
shall assess the county board's compliance against uniform	56686
standards that the departments shall establish.	56687

~~(E)~~(D) A county board may not delegate its medicaid local	56688
administrative authority granted under this section but may	56689
contract with a person or government entity, including a council	56690
of governments, for assistance with its medicaid local	56691
administrative authority. A county board that enters into such a	56692
contract shall notify the director of mental retardation and	56693
developmental disabilities. The notice shall include the tasks and	56694
responsibilities that the contract gives to the person or	56695
government entity. The person or government entity shall comply in	56696
full with all requirements to which the county board is subject	56697
regarding the person or government entity's tasks and	56698
responsibilities under the contract. The county board remains	56699
ultimately responsible for the tasks and responsibilities.	56700

~~(F)~~(E) A county board that has medicaid local administrative	56701
authority under this section shall, through the departments of	56702
mental retardation and developmental disabilities and job and	56703
family services, reply to, and cooperate in arranging compliance	56704
with, a program or fiscal audit or program violation exception	56705
that a state or federal audit or review discovers. The department	56706
of job and family services shall timely notify the department of	56707
mental retardation and developmental disabilities and the county	56708
board of any adverse findings. After receiving the notice, the	56709
county board, in conjunction with the department of mental	56710
retardation and developmental disabilities, shall cooperate fully	56711
with the department of job and family services and timely prepare	56712
and send to the department a written plan of correction or	56713
response to the adverse findings. The county board is liable for	56714
any adverse findings that result from an action it takes or fails	56715
to take in its implementation of medicaid local administrative	56716
authority.	56717

~~(G)~~(F) If the department of mental retardation and	56718
developmental disabilities or department of job and family	56719
services determines that a county board's implementation of its	56720
medicaid local administrative authority under this section is	56721
deficient, the department that makes the determination shall	56722
require that county board do the following:	56723

(1) If the deficiency affects the health, safety, or welfare	56724
of an individual with mental retardation or other developmental	56725
disability, correct the deficiency within twenty-four hours;	56726

(2) If the deficiency does not affect the health, safety, or	56727
welfare of an individual with mental retardation or other	56728
developmental disability, receive technical assistance from the	56729
department or submit a plan of correction to the department that	56730
is acceptable to the department within sixty days and correct the	56731
deficiency within the time required by the plan of correction.	56732

Sec. 5126.056. (A) The department of mental retardation and	56733
developmental disabilities shall take action under division (B) of	56734
this section against a county board of mental retardation and	56735
developmental disabilities if any of the following are the case:	56736

(1) The county board fails to submit to the department all	56737
the components of its three-year plan required by section 5126.054	56738
of the Revised Code within the time required by division (B) of	56739
that section.	56740

(2) The department disapproves the county board's three-year	56741
plan under section 5123.046 of the Revised Code.	56742

(3) The county board fails, as required by division (C) of	56743
section 5126.054 of the Revised Code, to update and renew its	56744
three-year plan in accordance with a schedule the department	56745
develops under that section.	56746

(4) The county board fails to implement its initial or	56747
renewed three-year plan approved by the department.	56748

(5) The county board fails to correct a deficiency within the	56749
time required by division ~~(G)~~(F) of section 5126.055 of the	56750
Revised Code to the satisfaction of the department.	56751

(6) The county board fails to submit an acceptable plan of	56752
correction to the department within the time required by division	56753
~~(G)~~(F)(2) of section 5126.055 of the Revised Code.	56754

(B) If required by division (A) of this section to take	56755
action against a county board, the department shall issue an order	56756
terminating the county board's medicaid local administrative	56757
authority over all or part of home and community-based services,	56758
medicaid case management services, ~~habilitation center services,~~	56759
~~all or part of two of those services,~~ or all or part of ~~all three~~	56760
both of those services. The department shall provide a copy of the	56761
order to the board of county commissioners, probate judge, county	56762
auditor, and president and superintendent of the county board. The	56763
department shall specify in the order the medicaid local	56764
administrative authority that the department is terminating, the	56765
reason for the termination, and the county board's option and	56766
responsibilities under this division.	56767

A county board whose medicaid local administrative authority	56768
is terminated may, not later than thirty days after the department	56769
issues the termination order, recommend to the department that	56770
another county board that has not had any of its medicaid local	56771
administrative authority terminated or another entity the	56772
department approves administer the services for which the county	56773
board's medicaid local administrative authority is terminated. The	56774
department may contract with the other county board or entity to	56775
administer the services. If the department enters into such a	56776
contract, the county board shall adopt a resolution giving the	56777
other county board or entity full medicaid local administrative	56778
authority over the services that the other county board or entity	56779
is to administer. The other county board or entity shall be known	56780
as the contracting authority.	56781

If the department rejects the county board's recommendation	56782
regarding a contracting authority, the county board may appeal the	56783
rejection under section 5123.043 of the Revised Code.	56784

If the county board does not submit a recommendation to the	56785
department regarding a contracting authority within the required	56786
time or the department rejects the county board's recommendation	56787
and the rejection is upheld pursuant to an appeal, if any, under	56788
section 5123.043 of the Revised Code, the department shall appoint	56789
an administrative receiver to administer the services for which	56790
the county board's medicaid local administrative authority is	56791
terminated. To the extent necessary for the department to appoint	56792
an administrative receiver, the department may utilize employees	56793
of the department, management personnel from another county board,	56794
or other individuals who are not employed by or affiliated with in	56795
any manner a person that provides home and community-based	56796
services,or medicaid case management services~~, or habilitation~~	56797
~~center services~~ pursuant to a contract with any county board. The	56798
administrative receiver shall assume full administrative	56799
responsibility for the county board's services for which the	56800
county board's medicaid local administrative authority is	56801
terminated.	56802

The contracting authority or administrative receiver shall	56803
develop and submit to the department a plan of correction to	56804
remediate the problems that caused the department to issue the	56805
termination order. If, after reviewing the plan, the department	56806
approves it, the contracting authority or administrative receiver	56807
shall implement the plan.	56808

The county board shall transfer control of state and federal	56809
funds it is otherwise eligible to receive for the services for	56810
which the county board's medicaid local administrative authority	56811
is terminated and funds the county board may use under division	56812
(B) of section 5126.057 of the Revised Code to pay the nonfederal	56813
share of the services that the county board is required by	56814
division (A) of that section to pay. The county board shall	56815
transfer control of the funds to the contracting authority or	56816
administrative receiver administering the services. The amount the	56817
county board shall transfer shall be the amount necessary for the	56818
contracting authority or administrative receiver to fulfill its	56819
duties in administering the services, including its duties to pay	56820
its personnel for time worked, travel, and related matters. If the	56821
county board fails to make the transfer, the department may	56822
withhold the state and federal funds from the county board and	56823
bring a mandamus action against the county board in the court of	56824
common pleas of the county served by the county board or in the	56825
Franklin county court of common pleas. The mandamus action may not	56826
require that the county board transfer any funds other than the	56827
funds the county board is required by division (B) of this section	56828
to transfer.	56829

The contracting authority or administrative receiver has the	56830
right to authorize the payment of bills in the same manner that	56831
the county board may authorize payment of bills under this chapter	56832
and section 319.16 of the Revised Code.	56833

Sec. 5126.057. (A) A county board of mental retardation and	56834
developmental disabilities that has medicaid local administrative	56835
authority under division (A) of section 5126.055 of the Revised	56836
Code for home and community-based services shall pay the	56837
nonfederal share of medicaid expenditures for such services	56838
provided to an individual with mental retardation or other	56839
developmental disability who the county board determines under	56840
section 5126.041 of the Revised Code is eligible for county board	56841
services unless division ~~(C)~~(B)(2) or (3) of section 5123.047 of	56842
the Revised Code requires the department of mental retardation and	56843
developmental disabilities to pay the nonfederal share.	56844

A county board that ~~has medicaid local administrative~~	56845
~~authority under division (B) of section 5126.055 of the Revised~~	56846
~~Code for~~provides medicaid case management services shall pay the	56847
nonfederal share of medicaid expenditures for such services	56848
provided to an individual with mental retardation or other	56849
developmental disability who the county board determines under	56850
section 5126.041 of the Revised Code is eligible for county board	56851
services ~~unless division (B)(2) of section 5123.047 of the Revised~~	56852
~~Code requires the department of mental retardation and~~	56853
~~developmental disabilities to pay the nonfederal share.~~	56854

~~A county board shall pay the nonfederal share of medicaid~~	56855
~~expenditures for habilitation center services when required to do~~	56856
~~so by division (D) of section 5111.041 of the Revised Code~~.	56857

(B) A county board may use the following funds to pay the	56858
nonfederal share of the services that the county board is required	56859
by division (A) of this section to pay:	56860

(1) To the extent consistent with the levy that generated the	56861
taxes, the following taxes:	56862

(a) Taxes levied pursuant to division (L) of section 5705.19	56863
of the Revised Code and section 5705.222 of the Revised Code;	56864

(b) Taxes levied under section 5705.191 of the Revised Code	56865
that the board of county commissioners allocates to the county	56866
board to pay the nonfederal share of the services.	56867

(2) Funds that the department of mental retardation and	56868
developmental disabilities distributes to the county board under	56869
sections 5126.11, 5126.12, 5126.15, 5126.18, and 5126.44 of the	56870
Revised Code;	56871

(3) ~~Funds that the department allocates to the county board~~	56872
~~for habilitation center services provided under section 5111.041~~	56873
~~of the Revised Code;~~	56874

~~(4)~~ Earned federal revenue funds the county board receives	56875
for medicaid services the county board provides pursuant to the	56876
county board's valid medicaid provider agreement.	56877

(C) If by December 31, 2001, the United States secretary of	56878
health and human services approves at least five hundred more	56879
slots for home and community-based services for calendar year 2002	56880
than were available for calendar year 2001, each county board	56881
shall provide, by the last day of calendar year 2001, assurances	56882
to the department of mental retardation and developmental	56883
disabilities that the county board will have for calendar year	56884
2002 at least one-third of the value of one-half, effective mill	56885
levied in the county the preceding year available to pay the	56886
nonfederal share of the services that the county board is required	56887
by division (A) of this section to pay.	56888

If by December 31, 2002, the United States secretary approves	56889
at least five hundred more slots for home and community-based	56890
services for calendar year 2003 than were available for calendar	56891
year 2002, each county board shall provide, by the last day of	56892
calendar year 2002, assurances to the department that the county	56893
board will have for calendar year 2003 at least two-thirds of the	56894
value of one-half, effective mill levied in the county the	56895
preceding year available to pay the nonfederal share of the	56896
services that the county board is required by division (A) of this	56897
section to pay.	56898

If by December 31, 2003, the United States secretary approves	56899
at least five hundred more slots for home and community-based	56900
services for calendar year 2004 than were available for calendar	56901
year 2003, each county board shall provide, by the last day of	56902
calendar year 2003 and each calendar year thereafter, assurances	56903
to the department that the county board will have for calendar	56904
year 2004 and each calendar year thereafter at least the value of	56905
one-half, effective mill levied in the county the preceding year	56906
available to pay the nonfederal share of the services that the	56907
county board is required by division (A) of this section to pay.	56908

(D) Each year, each county board shall adopt a resolution	56909
specifying the amount of funds it will use in the next year to pay	56910
the nonfederal share of the services that the county board is	56911
required by division (A) of this section to pay. The amount	56912
specified shall be adequate to assure that the services will be	56913
available in the county in a manner that conforms to all	56914
applicable state and federal laws. A county board shall state in	56915
its resolution that the payment of the nonfederal share represents	56916
an ongoing financial commitment of the county board. A county	56917
board shall adopt the resolution in time for the county auditor to	56918
make the determination required by division (E) of this section.	56919

(E) Each year, a county auditor shall determine whether the	56920
amount of funds a county board specifies in the resolution it	56921
adopts under division (D) of this section will be available in the	56922
following year for the county board to pay the nonfederal share of	56923
the services that the county board is required by division (A) of	56924
this section to pay. The county auditor shall make the	56925
determination not later than the last day of the year before the	56926
year in which the funds are to be used.	56927

Sec. 5126.12. (A) As used in this section:

56928

(1) "Approved school age class" means a class operated by a	56929
county board of mental retardation and developmental disabilities	56930
and funded by the department of education under section 3317.20 of	56931
the Revised Code.	56932

(2) "Approved preschool unit" means a class or unit operated	56933
by a county board of mental retardation and developmental	56934
disabilities and approved under division (B) of section 3317.05 of	56935
the Revised Code.	56936

(3) "Active treatment" means a continuous treatment program,	56937
which includes aggressive, consistent implementation of a program	56938
of specialized and generic training, treatment, health services,	56939
and related services, that is directed toward the acquisition of	56940
behaviors necessary for an individual with mental retardation or	56941
other developmental disability to function with as much	56942
self-determination and independence as possible and toward the	56943
prevention of deceleration, regression, or loss of current optimal	56944
functional status.	56945

(4) "Eligible for active treatment" means that an individual	56946
with mental retardation or other developmental disability resides	56947
in an intermediate care facility for the mentally retarded	56948
certified under Title XIX of the "Social Security Act," 79 Stat.	56949
286 (1965), 42 U.S.C. 1396, as amended; resides in a state	56950
institution operated by the department of mental retardation and	56951
developmental disabilities; or is enrolled in home and	56952
community-based services.	56953

(5) ~~"Community alternative funding system" means the program~~	56954
~~under which habilitation center services are reimbursed under the~~	56955
~~medicaid program pursuant to section 5111.041 of the Revised Code~~	56956
~~and rules adopted under that section.~~	56957

~~(6)~~ "Traditional adult services" means vocational and	56958
nonvocational activities conducted within a sheltered workshop or	56959
adult activity center or supportive home services.	56960

(B) Each county board of mental retardation and developmental	56961
disabilities shall certify to the director of mental retardation	56962
and developmental disabilities all of the following:	56963

(1) On or before the fifteenth day of October, the average	56964
daily membership for the first full week of programs and services	56965
during October receiving:	56966

(a) Early childhood services provided pursuant to section	56967
5126.05 of the Revised Code for children who are less than three	56968
years of age on the thirtieth day of September of the academic	56969
year;	56970

(b) Special education for handicapped children in approved	56971
school age classes;	56972

(c) Adult services for persons sixteen years of age and older	56973
operated pursuant to section 5126.05 and division (B) of section	56974
5126.051 of the Revised Code. Separate counts shall be made for	56975
the following:	56976

(i) Persons enrolled in traditional adult services who are	56977
eligible for but not enrolled in active treatment ~~under the~~	56978
~~community alternative funding system~~;	56979

(ii) Persons enrolled in traditional adult services who are	56980
eligible for and enrolled in active treatment ~~under the community~~	56981
~~alternative funding system~~;	56982

(iii) Persons enrolled in traditional adult services but who	56983
are not eligible for active treatment ~~under the community~~	56984
~~alternative funding system~~;	56985

(iv) Persons participating in community employment services.	56986
To be counted as participating in community employment services, a	56987
person must have spent an average of no less than ten hours per	56988
week in that employment during the preceding six months.	56989

(d) Other programs in the county for individuals with mental	56990
retardation and developmental disabilities that have been approved	56991
for payment of subsidy by the department of mental retardation and	56992
developmental disabilities.	56993

The membership in each such program and service in the county	56994
shall be reported on forms prescribed by the department of mental	56995
retardation and developmental disabilities.	56996

The department of mental retardation and developmental	56997
disabilities shall adopt rules defining full-time equivalent	56998
enrollees and for determining the average daily membership	56999
therefrom, except that certification of average daily membership	57000
in approved school age classes shall be in accordance with rules	57001
adopted by the state board of education. The average daily	57002
membership figure shall be determined by dividing the amount	57003
representing the sum of the number of enrollees in each program or	57004
service in the week for which the certification is made by the	57005
number of days the program or service was offered in that week. No	57006
enrollee may be counted in average daily membership for more than	57007
one program or service.	57008

(2) By the fifteenth day of December, the number of children	57009
enrolled in approved preschool units on the first day of December;	57010

(3) On or before the thirtieth day of March, an itemized	57011
report of all income and operating expenditures for the	57012
immediately preceding calendar year, in the format specified by	57013
the department of mental retardation and developmental	57014
disabilities;	57015

(4) By the fifteenth day of February, a report of the total	57016
annual cost per enrollee for operation of programs and services in	57017
the preceding calendar year. The report shall include a grand	57018
total of all programs operated, the cost of the individual	57019
programs, and the sources of funds applied to each program.	57020

(5) That each required certification and report is in	57021
accordance with rules established by the department of mental	57022
retardation and developmental disabilities and the state board of	57023
education for the operation and subsidization of the programs and	57024
services.	57025

(C) To compute payments under this section to the board for	57026
the fiscal year, the department of mental retardation and	57027
developmental disabilities shall use the certification of average	57028
daily membership required by division (B)(1) of this section	57029
exclusive of the average daily membership in any approved school	57030
age class and the number in any approved preschool unit.	57031

(D) The department shall pay each county board for each	57032
fiscal year an amount equal to nine hundred fifty dollars times	57033
the certified number of persons who on the first day of December	57034
of the academic year are under three years of age and are not in	57035
an approved preschool unit. For persons who are at least age	57036
sixteen and are not in an approved school age class, the	57037
department shall pay each county board for each fiscal year the	57038
following amounts:	57039

(1) One thousand dollars times the certified average daily	57040
membership of persons enrolled in traditional adult services who	57041
are eligible for but not enrolled in active treatment ~~under the~~	57042
~~community alternative funding system~~;	57043

(2) One thousand two hundred dollars times the certified	57044
average daily membership of persons enrolled in traditional adult	57045
services who are eligible for and enrolled in active treatment	57046
~~under the community alternative funding system~~;	57047

(3) No less than one thousand five hundred dollars times the	57048
certified average daily membership of persons enrolled in	57049
traditional adult services but who are not eligible for active	57050
treatment ~~under the community alternative funding system~~;	57051

(4) No less than one thousand five hundred dollars times the	57052
certified average daily membership of persons participating in	57053
community employment services.	57054

(E) The department shall distribute this subsidy to county	57055
boards in quarterly installments of equal amounts. The	57056
installments shall be made not later than the thirtieth day of	57057
September, the thirty-first day of December, the thirty-first day	57058
of March, and the thirtieth day of June.	57059

(F) The director of mental retardation and developmental	57060
disabilities shall make efforts to obtain increases in the	57061
subsidies for early childhood services and adult services so that	57062
the amount of the subsidies is equal to at least fifty per cent of	57063
the statewide average cost of those services minus any applicable	57064
federal reimbursements for those services. The director shall	57065
advise the director of budget and management of the need for any	57066
such increases when submitting the biennial appropriations request	57067
for the department.	57068

(G) In determining the reimbursement of a county board for	57069
the provision of service and support administration, family	57070
support services, and other services required or approved by the	57071
director for which children three through twenty-one years of age	57072
are eligible, the department shall include the average daily	57073
membership in approved school age or preschool units. The	57074
department, in accordance with this section and upon receipt and	57075
approval of the certification required by this section and any	57076
other information it requires to enable it to determine a board's	57077
payments, shall pay the agency providing the specialized training	57078
the amounts payable under this section.	57079

Sec. 5139.01. (A) As used in this chapter:

57080

(1) "Commitment" means the transfer of the physical custody	57081
of a child or youth from the court to the department of youth	57082
services.	57083

(2) "Permanent commitment" means a commitment that vests	57084
legal custody of a child in the department of youth services.	57085

(3) "Legal custody," insofar as it pertains to the status	57086
that is created when a child is permanently committed to the	57087
department of youth services, means a legal status in which the	57088
department has the following rights and responsibilities: the	57089
right to have physical possession of the child; the right and duty	57090
to train, protect, and control the child; the responsibility to	57091
provide the child with food, clothing, shelter, education, and	57092
medical care; and the right to determine where and with whom the	57093
child shall live, subject to the minimum periods of, or periods	57094
of, institutional care prescribed in sections 2152.13 to 2152.18	57095
of the Revised Code; provided, that these rights and	57096
responsibilities are exercised subject to the powers, rights,	57097
duties, and responsibilities of the guardian of the person of the	57098
child, and subject to any residual parental rights and	57099
responsibilities.	57100

(4) Unless the context requires a different meaning,	57101
"institution" means a state facility that is created by the	57102
general assembly and that is under the management and control of	57103
the department of youth services or a private entity with which	57104
the department has contracted for the institutional care and	57105
custody of felony delinquents.	57106

(5) "Full-time care" means care for twenty-four hours a day	57107
for over a period of at least two consecutive weeks.	57108

(6) "Placement" means the conditional release of a child	57109
under the terms and conditions that are specified by the	57110
department of youth services. The department shall retain legal	57111
custody of a child released pursuant to division (C) of section	57112
2152.22 of the Revised Code or division (C) of section 5139.06 of	57113
the Revised Code until the time that it discharges the child or	57114
until the legal custody is terminated as otherwise provided by	57115
law.	57116

(7) "Home placement" means the placement of a child in the	57117
home of the child's parent or parents or in the home of the	57118
guardian of the child's person.	57119

(8) "Discharge" means that the department of youth services'	57120
legal custody of a child is terminated.	57121

(9) "Release" means the termination of a child's stay in an	57122
institution and the subsequent period during which the child	57123
returns to the community under the terms and conditions of	57124
supervised release.	57125

(10) "Delinquent child" has the same meaning as in section	57126
2152.02 of the Revised Code.	57127

(11) "Felony delinquent" means any child who is at least ten	57128
years of age but less than eighteen years of age and who is	57129
adjudicated a delinquent child for having committed an act that if	57130
committed by an adult would be a felony. "Felony delinquent"	57131
includes any adult who is between the ages of eighteen and	57132
twenty-one and who is in the legal custody of the department of	57133
youth services for having committed an act that if committed by an	57134
adult would be a felony.	57135

(12) "Juvenile traffic offender" has the same meaning as in	57136
section 2152.02 of the Revised Code.	57137

(13) "Public safety beds" means all of the following:

57138

(a) Felony delinquents who have been committed to the	57139
department of youth services for the commission of an act, other	57140
than a violation of section 2911.01 or 2911.11 of the Revised	57141
Code, that is a category one offense or a category two offense and	57142
who are in the care and custody of an institution or have been	57143
diverted from care and custody in an institution and placed in a	57144
community corrections facility;	57145

(b) Felony delinquents who, while committed to the department	57146
of youth services and in the care and custody of an institution or	57147
a community corrections facility, are adjudicated delinquent	57148
children for having committed in that institution or community	57149
corrections facility an act that if committed by an adult would be	57150
a misdemeanor or a felony;	57151

57152

(i) They are at least ten years of age but less than eighteen	57153
years of age.	57154

(ii) They are adjudicated delinquent children for having	57155
committed acts that if committed by an adult would be a felony.	57156

(iii) They are committed to the department of youth services	57157
by the juvenile court of a county that has had one-tenth of one	57158
per cent or less of the statewide adjudications for felony	57159
delinquents as averaged for the past four fiscal years.	57160

(iv) They are in the care and custody of an institution or a	57161
community corrections facility.	57162

(d) Felony delinquents who, while committed to the department	57163
of youth services and in the care and custody of an institution	57164
are serving disciplinary time for having committed an act	57165
described in division (A)~~(19)~~(18)(a), (b), or (c) of this section,	57166
and who have been institutionalized or institutionalized in a	57167
secure facility for the minimum period of time specified in	57168
divisions (A)(1)(b) to (e) of section 2152.16 of the Revised Code.	57169

(e) Felony delinquents who are subject to and serving a	57170
three-year period of commitment order imposed by a juvenile court	57171
pursuant to divisions (A) and (B) of section 2152.17 of the	57172
Revised Code for an act, other than a violation of section 2911.11	57173
of the Revised Code, that would be a category one offense or	57174
category two offense if committed by an adult.	57175

(f) Felony delinquents who are described in divisions	57176
(A)(13)(a) to (e) of this section, who have been granted a	57177
judicial release to court supervision under division (B) of	57178
section 2152.22 of the Revised Code or a judicial release to the	57179
department of youth services supervision under division (C) of	57180
that section from the commitment to the department of youth	57181
services for the act described in divisions (A)(13)(a) to (e) of	57182
this section, who have violated the terms and conditions of that	57183
release, and who, pursuant to an order of the court of the county	57184
in which the particular felony delinquent was placed on release	57185
that is issued pursuant to division (D) of section 2152.22 of the	57186
Revised Code, have been returned to the department for	57187
institutionalization or institutionalization in a secure facility.	57188

(g) Felony delinquents who have been committed to the custody	57189
of the department of youth services, who have been granted	57190
supervised release from the commitment pursuant to section 5139.51	57191
of the Revised Code, who have violated the terms and conditions of	57192
that supervised release, and who, pursuant to an order of the	57193
court of the county in which the particular child was placed on	57194
supervised release issued pursuant to division (F) of section	57195
5139.52 of the Revised Code, have had the supervised release	57196
revoked and have been returned to the department for	57197
institutionalization. A felony delinquent described in this	57198
division shall be a public safety bed only for the time during	57199
which the felony delinquent is institutionalized as a result of	57200
the revocation subsequent to the initial thirty-day period of	57201
institutionalization required by division (F) of section 5139.52	57202
of the Revised Code.	57203

(14) Unless the context requires a different meaning,	57204
"community corrections facility" means a county or multicounty	57205
rehabilitation center for felony delinquents who have been	57206
committed to the department of youth services and diverted from	57207
care and custody in an institution and placed in the	57208
rehabilitation center pursuant to division (E) of section 5139.36	57209
of the Revised Code.	57210

(15) "Secure facility" means any facility that is designed	57211
and operated to ensure that all of its entrances and exits are	57212
under the exclusive control of its staff and to ensure that,	57213
because of that exclusive control, no child who has been	57214
institutionalized in the facility may leave the facility without	57215
permission or supervision.	57216

(16) "Community residential program" means a program that	57217
satisfies both of the following:	57218

(a) It is housed in a building or other structure that has no	57219
associated major restraining construction, including, but not	57220
limited to, a security fence.	57221

(b) It provides twenty-four-hour care, supervision, and	57222
programs for felony delinquents who are in residence.	57223

(17) "Category one offense" and "category two offense" have	57224
the same meanings as in section 2151.26 of the Revised Code.	57225

(18) "Disciplinary time" means additional time that the	57226
department of youth services requires a felony delinquent to serve	57227
in an institution, that delays the felony delinquent's planned	57228
release, and that the department imposes upon the felony	57229
delinquent following the conduct of an internal due process	57230
hearing for having committed any of the following acts while	57231
committed to the department and in the care and custody of an	57232
institution:	57233

(a) An act that if committed by an adult would be a felony;

57234

(b) An act that if committed by an adult would be a	57235
misdemeanor;	57236

(c) An act that is not described in division (A)(18)(a) or	57237
(b) of this section and that violates an institutional rule of	57238
conduct of the department.	57239

(19) "Unruly child" has the same meaning as in section	57240
2151.022 of the Revised Code.	57241

(20) "Revocation" means the act of revoking a child's	57242
supervised release for a violation of a term or condition of the	57243
child's supervised release in accordance with section 5139.52 of	57244
the Revised Code.	57245

(21) "Release authority" means the release authority of the	57246
department of youth services that is established by section	57247
5139.50 of the Revised Code.	57248

(22) "Supervised release" means the event of the release of a	57249
child under this chapter from an institution and the period after	57250
that release during which the child is supervised and assisted by	57251
an employee of the department of youth services under specific	57252
terms and conditions for reintegration of the child into the	57253
community.	57254

(23) "Victim" means the person identified in a police report,	57255
complaint, or information as the victim of an act that would have	57256
been a criminal offense if committed by an adult and that provided	57257
the basis for adjudication proceedings resulting in a child's	57258
commitment to the legal custody of the department of youth	57259
services.	57260

(24) "Victim's representative" means a member of the victim's	57261
family or another person whom the victim or another authorized	57262
person designates in writing, pursuant to section 5139.56 of the	57263
Revised Code, to represent the victim with respect to proceedings	57264
of the release authority of the department of youth services and	57265
with respect to other matters specified in that section.	57266

(25) "Member of the victim's family" means a spouse, child,	57267
stepchild, sibling, parent, stepparent, grandparent, other	57268
relative, or legal guardian of a child but does not include a	57269
person charged with, convicted of, or adjudicated a delinquent	57270
child for committing a criminal or delinquent act against the	57271
victim or another criminal or delinquent act arising out of the	57272
same conduct, criminal or delinquent episode, or plan as the	57273
criminal or delinquent act committed against the victim.	57274

(26) "Judicial release to court supervision" means a release	57275
of a child from institutional care or institutional care in a	57276
secure facility that is granted by a court pursuant to division	57277
(B) of section 2152.22 of the Revised Code during the period	57278
specified in that division.	57279

(27) "Judicial release to department of youth services	57280
supervision" means a release of a child from institutional care or	57281
institutional care in a secure facility that is granted by a court	57282
pursuant to division (C) of section 2152.22 of the Revised Code	57283
during the period specified in that division.	57284

(28) "Juvenile justice system" includes all of the functions	57285
of the juvenile courts, the department of youth services, any	57286
public or private agency whose purposes include the prevention of	57287
delinquency or the diversion, adjudication, detention, or	57288
rehabilitation of delinquent children, and any of the functions of	57289
the criminal justice system that are applicable to children.	57290

(29) "Metropolitan county criminal justice services agency"	57291
means an agency that is established pursuant to division (A) of	57292
section ~~181.54~~5502.64 of the Revised Code.	57293

(30) "Administrative planning district" means a district that	57294
is established pursuant to division (A) or (B) of section ~~181.56~~	57295
5502.66 of the Revised Code.	57296

(31) "Criminal justice coordinating council" means a criminal	57297
justice services agency that is established pursuant to division	57298
(D) of section ~~181.56~~5502.66 of the Revised Code.	57299

(32) "Comprehensive plan" means a document that coordinates,	57300
evaluates, and otherwise assists, on an annual or multi-year	57301
basis, all of the functions of the juvenile justice systems of the	57302
state or a specified area of the state, that conforms to the	57303
priorities of the state with respect to juvenile justice systems,	57304
and that conforms with the requirements of all federal criminal	57305
justice acts. These functions include, but are not limited to, all	57306
of the following:	57307

(a) Delinquency;

57308

(b) Identification, detection, apprehension, and detention of	57309
persons charged with delinquent acts;	57310

(c) Assistance to crime victims or witnesses, except that the	57311
comprehensive plan does not include the functions of the attorney	57312
general pursuant to sections 109.91 and 109.92 of the Revised	57313
Code;	57314

(d) Adjudication or diversion of persons charged with	57315
delinquent acts;	57316

(e) Custodial treatment of delinquent children;

57317

(f) Institutional and noninstitutional rehabilitation of	57318
delinquent children.	57319

(B) There is hereby created the department of youth services.	57320
The governor shall appoint the director of the department with the	57321
advice and consent of the senate. The director shall hold office	57322
during the term of the appointing governor but subject to removal	57323
at the pleasure of the governor. Except as otherwise authorized in	57324
section 108.05 of the Revised Code, the director shall devote the	57325
director's entire time to the duties of the director's office and	57326
shall hold no other office or position of trust or profit during	57327
the director's term of office.	57328

The director is the chief executive and administrative	57329
officer of the department and has all the powers of a department	57330
head set forth in Chapter 121. of the Revised Code. The director	57331
may adopt rules for the government of the department, the conduct	57332
of its officers and employees, the performance of its business,	57333
and the custody, use, and preservation of the department's	57334
records, papers, books, documents, and property. The director	57335
shall be an appointing authority within the meaning of Chapter	57336
124. of the Revised Code. Whenever this or any other chapter or	57337
section of the Revised Code imposes a duty on or requires an	57338
action of the department, the duty or action shall be performed by	57339
the director or, upon the director's order, in the name of the	57340
department.	57341

Sec. 5139.36. (A) In accordance with this section and the	57342
rules adopted under it and from funds appropriated to the	57343
department of youth services for the purposes of this section, the	57344
department shall make grants that provide financial resources to	57345
operate community corrections facilities for felony delinquents.	57346

(B)(1) Each community corrections facility that intends to	57347
seek a grant under this section shall file an application with the	57348
department of youth services at the time and in accordance with	57349
the procedures that the department shall establish by rules	57350
adopted in accordance with Chapter 119. of the Revised Code. In	57351
addition to other items required to be included in the	57352
application, a plan that satisfies both of the following shall be	57353
included:	57354

(a) It reduces the number of felony delinquents committed to	57355
the department from the county or counties associated with the	57356
community corrections facility.	57357

(b) It ensures equal access for minority felony delinquents	57358
to the programs and services for which a potential grant would be	57359
used.	57360

(2) The department of youth services shall review each	57361
application submitted pursuant to division (B)(1) of this section	57362
to determine whether the plan described in that division, the	57363
community corrections facility, and the application comply with	57364
this section and the rules adopted under it.	57365

(C) To be eligible for a grant under this section and for	57366
continued receipt of moneys comprising a grant under this section,	57367
a community corrections facility shall satisfy at least all of the	57368
following requirements:	57369

(1) Be constructed, reconstructed, improved, or financed by	57370
the Ohio building authority pursuant to section 307.021 of the	57371
Revised Code and Chapter 152. of the Revised Code for the use of	57372
the department of youth services and be designated as a community	57373
corrections facility;	57374

(2) Have written standardized criteria governing the types of	57375
felony delinquents that are eligible for the programs and services	57376
provided by the facility;	57377

(3) Have a written standardized intake screening process and	57378
an intake committee that at least performs both of the following	57379
tasks:	57380

(a) Screens all eligible felony delinquents who are being	57381
considered for admission to the facility in lieu of commitment to	57382
the department;	57383

(b) Notifies, within ten days after the date of the referral	57384
of a felony delinquent to the facility, the committing court	57385
whether the felony delinquent will be admitted to the facility.	57386

(4) Comply with all applicable fiscal and program rules that	57387
the department adopts in accordance with Chapter 119. of the	57388
Revised Code and demonstrate that felony delinquents served by the	57389
facility have been or will be diverted from a commitment to the	57390
department.	57391

(D) The department of youth services shall determine the	57392
method of distribution of the funds appropriated for grants under	57393
this section to community corrections facilities.	57394

(E)(1) The department of youth services shall adopt rules in	57395
accordance with Chapter 119. of the Revised Code to establish the	57396
minimum occupancy threshold of community corrections facilities.	57397

(2) The department may make referrals for the placement of	57398
children in its custody to a community corrections facility ~~if the~~	57399
~~community corrections facility is not meeting the minimum~~	57400
~~occupancy threshold established by the department~~. At least	57401
forty-five days prior to the referral of a child or within any	57402
shorter period prior to the referral of the child that the	57403
committing court may allow, the department shall notify the	57404
committing court of its intent to place the child in a community	57405
corrections facility. The court shall have thirty days after the	57406
receipt of the notice to approve or disapprove the placement. If	57407
the court does not respond to the notice of the placement within	57408
that thirty-day period, the department shall proceed with the	57409
placement and debit the county in accordance with sections 5139.41	57410
to 5139.43 of the Revised Code. A child placed in a community	57411
corrections facility pursuant to this division shall remain in the	57412
legal custody of the department of youth services during the	57413
period in which the child is in the community corrections	57414
facility.	57415

(3) Counties that are not associated with a community	57416
corrections facility may refer children to a community corrections	57417
facility with the consent of the facility. The department of youth	57418
services shall debit the county that makes the referral in	57419
accordance with sections 5139.41 to 5139.43 of the Revised Code.	57420

(F) If the board or other governing body of a community	57421
corrections facility establishes an advisory board, the board or	57422
other governing authority of the community corrections facility	57423
shall reimburse the members of the advisory board for their actual	57424
and necessary expenses incurred in the performance of their	57425
official duties on the advisory board. The members of advisory	57426
boards shall serve without compensation.	57427

Sec. 5153.16. (A) Except as provided in section 2151.422 of	57428
the Revised Code, in accordance with rules of the department of	57429
job and family services, and on behalf of children in the county	57430
whom the public children services agency considers to be in need	57431
of public care or protective services, the public children	57432
services agency shall do all of the following:	57433

(1) Make an investigation concerning any child alleged to be	57434
an abused, neglected, or dependent child;	57435

(2) Enter into agreements with the parent, guardian, or other	57436
person having legal custody of any child, or with the department	57437
of job and family services, department of mental health,	57438
department of mental retardation and developmental disabilities,	57439
other department, any certified organization within or outside the	57440
county, or any agency or institution outside the state, having	57441
legal custody of any child, with respect to the custody, care, or	57442
placement of any child, or with respect to any matter, in the	57443
interests of the child, provided the permanent custody of a child	57444
shall not be transferred by a parent to the public children	57445
services agency without the consent of the juvenile court;	57446

(3) Accept custody of children committed to the public	57447
children services agency by a court exercising juvenile	57448
jurisdiction;	57449

(4) Provide such care as the public children services agency	57450
considers to be in the best interests of any child adjudicated to	57451
be an abused, neglected, or dependent child the agency finds to be	57452
in need of public care or service;	57453

(5) Provide social services to any unmarried girl adjudicated	57454
to be an abused, neglected, or dependent child who is pregnant	57455
with or has been delivered of a child;	57456

(6) Make available to the bureau for children with medical	57457
handicaps of the department of health at its request any	57458
information concerning a crippled child found to be in need of	57459
treatment under sections 3701.021 to 3701.028 of the Revised Code	57460
who is receiving services from the public children services	57461
agency;	57462

(7) Provide temporary emergency care for any child considered	57463
by the public children services agency to be in need of such care,	57464
without agreement or commitment;	57465

(8) Find certified foster homes, within or outside the	57466
county, for the care of children, including handicapped children	57467
from other counties attending special schools in the county;	57468

(9) Subject to the approval of the board of county	57469
commissioners and the state department of job and family services,	57470
establish and operate a training school or enter into an agreement	57471
with any municipal corporation or other political subdivision of	57472
the county respecting the operation, acquisition, or maintenance	57473
of any children's home, training school, or other institution for	57474
the care of children maintained by such municipal corporation or	57475
political subdivision;	57476

(10) Acquire and operate a county children's home, establish,	57477
maintain, and operate a receiving home for the temporary care of	57478
children, or procure certified foster homes for this purpose;	57479

(11) Enter into an agreement with the trustees of any	57480
district children's home, respecting the operation of the district	57481
children's home in cooperation with the other county boards in the	57482
district;	57483

(12) Cooperate with, make its services available to, and act	57484
as the agent of persons, courts, the department of job and family	57485
services, the department of health, and other organizations within	57486
and outside the state, in matters relating to the welfare of	57487
children, except that the public children services agency shall	57488
not be required to provide supervision of or other services	57489
related to the exercise of parenting time rights granted pursuant	57490
to section 3109.051 or 3109.12 of the Revised Code or	57491
companionship or visitation rights granted pursuant to section	57492
3109.051, 3109.11, or 3109.12 of the Revised Code unless a	57493
juvenile court, pursuant to Chapter 2151. of the Revised Code, or	57494
a common pleas court, pursuant to division (E)(6) of section	57495
3113.31 of the Revised Code, requires the provision of supervision	57496
or other services related to the exercise of the parenting time	57497
rights or companionship or visitation rights;	57498

(13) Make investigations at the request of any superintendent	57499
of schools in the county or the principal of any school concerning	57500
the application of any child adjudicated to be an abused,	57501
neglected, or dependent child for release from school, where such	57502
service is not provided through a school attendance department;	57503

(14) Administer funds provided under Title IV-E of the	57504
"Social Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as	57505
amended, in accordance with rules adopted under section 5101.141	57506
of the Revised Code;	57507

(15) In addition to administering Title IV-E adoption	57508
assistance funds, enter into agreements to make adoption	57509
assistance payments under section 5153.163 of the Revised Code;	57510

(16) Implement a system of risk assessment, in accordance	57511
with rules adopted by the director of job and family services, to	57512
assist the public children services agency in determining the risk	57513
of abuse or neglect to a child;	57514

(17) Enter into a plan of cooperation with the board of	57515
county commissioners under section 307.983 of the Revised Code and	57516
comply with each fiscal agreement the board enters into under	57517
section 307.98 of the Revised Code that include family services	57518
duties of public children services agencies and contracts the	57519
board enters into under sections 307.981 and 307.982 of the	57520
Revised Code that affect the public children services agency;	57521

(18) Make reasonable efforts to prevent the removal of an	57522
alleged or adjudicated abused, neglected, or dependent child from	57523
the child's home, eliminate the continued removal of the child	57524
from the child's home, or make it possible for the child to return	57525
home safely, except that reasonable efforts of that nature are not	57526
required when a court has made a determination under division	57527
(A)(2) of section 2151.419 of the Revised Code;	57528

(19) Make reasonable efforts to place the child in a timely	57529
manner in accordance with the permanency plan approved under	57530
division (E) of section 2151.417 of the Revised Code and to	57531
complete whatever steps are necessary to finalize the permanent	57532
placement of the child;	57533

(20) Administer a Title IV-A program identified under	57534
division (A)~~(3)~~(4)(c) or ~~(d)~~(f) of section 5101.80 of the Revised	57535
Code that the department of job and family services provides for	57536
the public children services agency to administer under the	57537
department's supervision pursuant to section 5101.801 of the	57538
Revised Code;	57539

(21) Administer the kinship permanency incentive program	57540
created under section 5101.802 of the Revised Code under the	57541
supervision of the director of job and family services;	57542

(22) Provide independent living services pursuant to sections	57543
2151.81 to 2151.84 of the Revised Code.	57544

(B) The public children services agency shall use the system	57545
implemented pursuant to division (B)(16) of this section in	57546
connection with an investigation undertaken pursuant to division	57547
(F)(1) of section 2151.421 of the Revised Code and may use the	57548
system at any other time the agency is involved with any child	57549
when the agency determines that risk assessment is necessary.	57550

(C) Except as provided in section 2151.422 of the Revised	57551
Code, in accordance with rules of the director of job and family	57552
services, and on behalf of children in the county whom the public	57553
children services agency considers to be in need of public care or	57554
protective services, the public children services agency may do	57555
the following:	57556

(1) Provide or find, with other child serving systems,	57557
specialized foster care for the care of children in a specialized	57558
foster home, as defined in section 5103.02 of the Revised Code,	57559
certified under section 5103.03 of the Revised Code;	57560

(2)(a) Except as limited by divisions (C)(2)(b) and (c) of	57561
this section, contract with the following for the purpose of	57562
assisting the agency with its duties:	57563

(i) County departments of job and family services;

57564

(ii) Boards of alcohol, drug addiction, and mental health	57565
services;	57566

(iii) County boards of mental retardation and developmental	57567
disabilities;	57568

(iv) Regional councils of political subdivisions established	57569
under Chapter 167. of the Revised Code;	57570

(v) Private and government providers of services;

57571

(vi) Managed care organizations and prepaid health plans.

57572

(b) A public children services agency contract under division	57573
(C)(2)(a) of this section regarding the agency's duties under	57574
section 2151.421 of the Revised Code may not provide for the	57575
entity under contract with the agency to perform any service not	57576
authorized by the department's rules.	57577

(c) Only a county children services board appointed under	57578
section 5153.03 of the Revised Code that is a public children	57579
services agency may contract under division (C)(2)(a) of this	57580
section. If an entity specified in division (B) or (C) of section	57581
5153.02 of the Revised Code is the public children services agency	57582
for a county, the board of county commissioners may enter into	57583
contracts pursuant to section 307.982 of the Revised Code	57584
regarding the agency's duties.	57585

Sec. 5502.01. (A) The department of public safety shall	57586
administer and enforce the laws relating to the registration,	57587
licensing, sale, and operation of motor vehicles and the laws	57588
pertaining to the licensing of drivers of motor vehicles.	57589

The department shall compile, analyze, and publish statistics	57590
relative to motor vehicle accidents and the causes of them,	57591
prepare and conduct educational programs for the purpose of	57592
promoting safety in the operation of motor vehicles on the	57593
highways, and conduct research and studies for the purpose of	57594
promoting safety on the highways of this state.	57595

(B) The department shall administer the laws and rules	57596
relative to trauma and emergency medical services specified in	57597
Chapter 4765. of the Revised Code.	57598

(C) The department shall administer and enforce the laws	57599
contained in Chapters 4301. and 4303. of the Revised Code and	57600
enforce the rules and orders of the liquor control commission	57601
pertaining to retail liquor permit holders.	57602

(D) The department shall administer the laws governing the	57603
state emergency management agency and shall enforce all additional	57604
duties and responsibilities as prescribed in the Revised Code	57605
related to emergency management services.	57606

(E) The department shall conduct investigations pursuant to	57607
Chapter 5101. of the Revised Code in support of the duty of the	57608
department of job and family services to administer food stamp	57609
programs throughout this state. The department of public safety	57610
shall conduct investigations necessary to protect the state's	57611
property rights and interests in the food stamp program.	57612

(F) The department of public safety shall enforce compliance	57613
with orders and rules of the public utilities commission and	57614
applicable laws in accordance with Chapters 4919., 4921., and	57615
4923. of the Revised Code regarding commercial motor vehicle	57616
transportation safety, economic, and hazardous materials	57617
requirements.	57618

(G) Notwithstanding Chapter 4117. of the Revised Code, the	57619
department of public safety may establish requirements for its	57620
enforcement personnel, including its enforcement agents described	57621
in section 5502.14 of the Revised Code, that include standards of	57622
conduct, work rules and procedures, and criteria for eligibility	57623
as law enforcement personnel.	57624

(H) The department shall administer, maintain, and operate	57625
the Ohio criminal justice network. The Ohio criminal justice	57626
network shall be a computer network that supports state and local	57627
criminal justice activities. The network shall be an electronic	57628
repository for various data, which may include arrest warrants,	57629
notices of persons wanted by law enforcement agencies, criminal	57630
records, prison inmate records, stolen vehicle records, vehicle	57631
operator's licenses, and vehicle registrations and titles.	57632

(I) The department shall coordinate all homeland security	57633
activities of all state agencies and shall be a liaison between	57634
state agencies and local entities for those activities and related	57635
purposes.	57636

(J) Beginning July 1, 2004, the department shall administer	57637
and enforce the laws relative to private investigators and	57638
security service providers specified in Chapter 4749. of the	57639
Revised Code.	57640

(K) The department shall administer criminal justice services	57641
in accordance with sections 5502.61 to 5502.66 of the Revised	57642
Code.	57643

~~Sec. 181.51.~~ Sec. 5502.61. As used in sections ~~181.51~~5502.61 to	57644
~~181.56~~5502.66 of the Revised Code:	57645

(A) "Federal criminal justice acts" means any federal law	57646
that authorizes financial assistance and other forms of assistance	57647
to be given by the federal government to the states to be used for	57648
the improvement of the criminal and juvenile justice systems of	57649
the states.	57650

(B)(1) "Criminal justice system" includes all of the	57651
functions of the following:	57652

(a) The state highway patrol, county sheriff offices,	57653
municipal and township police departments, and all other law	57654
enforcement agencies;	57655

(b) The courts of appeals, courts of common pleas, municipal	57656
courts, county courts, and mayor's courts, when dealing with	57657
criminal cases;	57658

(c) The prosecuting attorneys, city directors of law, village	57659
solicitors, and other prosecuting authorities when prosecuting or	57660
otherwise handling criminal cases and the county and joint county	57661
public defenders and other public defender agencies or offices;	57662

(d) The department of rehabilitation and correction,	57663
probation departments, county and municipal jails and workhouses,	57664
and any other department, agency, or facility that is concerned	57665
with the rehabilitation or correction of criminal offenders;	57666

(e) Any public or private agency whose purposes include the	57667
prevention of crime or the diversion, adjudication, detention, or	57668
rehabilitation of criminal offenders;	57669

(f) Any public or private agency, the purposes of which	57670
include assistance to crime victims or witnesses.	57671

(2) The inclusion of any public or private agency, the	57672
purposes of which include assistance to crime victims or	57673
witnesses, as part of the criminal justice system pursuant to	57674
division (B)(1) of this section does not limit, and shall not be	57675
construed as limiting, the discretion or authority of the attorney	57676
general with respect to crime victim assistance and criminal	57677
justice programs.	57678

(C) "Juvenile justice system" includes all of the functions	57679
of the juvenile courts, the department of youth services, any	57680
public or private agency whose purposes include the prevention of	57681
delinquency or the diversion, adjudication, detention, or	57682
rehabilitation of delinquent children, and any of the functions of	57683
the criminal justice system that are applicable to children.	57684

(D) "Comprehensive plan" means a document that coordinates,	57685
evaluates, and otherwise assists, on an annual or multi-year	57686
basis, any of the functions of the criminal and juvenile justice	57687
systems of the state or a specified area of the state, that	57688
conforms to the priorities of the state with respect to criminal	57689
and juvenile justice systems, and that conforms with the	57690
requirements of all federal criminal justice acts. These functions	57691
may include, but are not limited to, any of the following:	57692

(1) Crime and delinquency prevention;

57693

(2) Identification, detection, apprehension, and detention of	57694
persons charged with criminal offenses or delinquent acts;	57695

(3) Assistance to crime victims or witnesses, except that the	57696
comprehensive plan does not include the functions of the attorney	57697
general pursuant to sections 109.91 and 109.92 of the Revised	57698
Code;	57699

(4) Adjudication or diversion of persons charged with	57700
criminal offenses or delinquent acts;	57701

(5) Custodial treatment of criminal offenders, delinquent	57702
children, or both;	57703

(6) Institutional and noninstitutional rehabilitation of	57704
criminal offenders, delinquent children, or both.	57705

(E) "Metropolitan county criminal justice services agency"	57706
means an agency that is established pursuant to division (A) of	57707
section ~~181.54~~5502.64 of the Revised Code.	57708

(F) "Administrative planning district" means a district that	57709
is established pursuant to division (A) or (B) of section ~~181.56~~	57710
5502.66 of the Revised Code.	57711

(G) "Criminal justice coordinating council" means a criminal	57712
justice services agency that is established pursuant to division	57713
(D) of section ~~181.56~~5502.66 of the Revised Code.	57714

(H) "Local elected official" means any person who is a member	57715
of a board of county commissioners or township trustees or of a	57716
city or village council, judge of the court of common pleas, a	57717
municipal court, or a county court, sheriff, county coroner,	57718
prosecuting attorney, city director of law, village solicitor, or	57719
mayor.	57720

(I) "Juvenile justice coordinating council" means a juvenile	57721
justice services agency that is established pursuant to division	57722
(D) of section ~~181.56~~5502.66 of the Revised Code.	57723

~~Sec. 181.52.~~ Sec. 5502.62. (A) There is hereby created ~~an office~~	57724
in the department of public safety a division of criminal justice	57725
services. The ~~governor~~director of public safety, with the	57726
concurrence of the governor, shall appoint aan executive director	57727
of the ~~office, and the director may appoint, within the office,~~	57728
~~any professional and technical personnel and other employees that~~	57729
~~are necessary to enable the office to comply with sections 181.51~~	57730
~~to 181.56 of the Revised Code~~division of criminal justice	57731
services. The executive director shall be the head of the	57732
division. The executive director shall serve at the pleasure of	57733
the director of public safety. To carry out the duties assigned	57734
under this section and to comply with sections 5502.63 to 5502.66	57735
of the Revised Code, the executive director, subject to the	57736
direction and control of the director of public safety, may	57737
appoint and maintain any necessary staff and may enter into any	57738
necessary contracts and other agreements. The executive director	57739
~~and the assistant director~~ of the ~~office~~division, and all	57740
professional and technical personnel employed within the ~~office~~	57741
division who are not public employees as defined in section	57742
4117.01 of the Revised Code, shall be in the unclassified civil	57743
service, and all other persons employed within the ~~office~~division	57744
shall be in the classified civil service. ~~The director may enter~~	57745
~~into any contracts, except contracts governed by Chapter 4117. of~~	57746
~~the Revised Code, that are necessary for the operation of the~~	57747
~~office.~~	57748

(B) Subject to division (E) of this section and subject to	57749
divisions (D) to (F) of section 5120.09 of the Revised Code	57750
insofar as those divisions relate to federal criminal justice acts	57751
that the governor requires the department of rehabilitation and	57752
correction to administer, the ~~office~~division of criminal justice	57753
services shall do all of the following:	57754

(1) Serve as the state criminal justice services agency and	57755
perform criminal justice system planning in the state, including	57756
any planning that is required by any federal law;	57757

(2) Collect, analyze, and correlate information and data	57758
concerning the criminal justice system in the state;	57759

(3) Cooperate with and provide technical assistance to state	57760
departments, administrative planning districts, metropolitan	57761
county criminal justice services agencies, criminal justice	57762
coordinating councils, agencies, offices, and departments of the	57763
criminal justice system in the state, and other appropriate	57764
organizations and persons;	57765

(4) Encourage and assist agencies, offices, and departments	57766
of the criminal justice system in the state and other appropriate	57767
organizations and persons to solve problems that relate to the	57768
duties of the ~~office~~division;	57769

(5) Administer within the state any federal criminal justice	57770
acts that the governor requires it to administer;	57771

(6) Administer funds received under the "Family Violence	57772
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	57773
10401, as amended, with all powers necessary for the adequate	57774
administration of those funds, including the authority to	57775
establish a family violence prevention and services program.	57776

(7) Implement the state comprehensive plans;

57777

(8) Audit grant activities of agencies, offices,	57778
organizations, and persons that are financed in whole or in part	57779
by funds granted through the ~~office~~division;	57780

(9) Monitor or evaluate the performance of criminal justice	57781
system projects and programs in the state that are financed in	57782
whole or in part by funds granted through the ~~office~~division;	57783

(10) Apply for, allocate, disburse, and account for grants	57784
that are made available pursuant to federal criminal justice acts,	57785
or made available from other federal, state, or private sources,	57786
to improve the criminal justice system in the state. ~~All~~Except as	57787
otherwise provided in this division, all money from such federal	57788
grants shall, if the terms under which the money is received	57789
require that the money be deposited into an interest-bearing fund	57790
or account, be deposited in the state treasury to the credit of	57791
the federal program purposes fund, which is hereby created. All	57792
investment earnings of the federal program purposes fund shall be	57793
credited to the fund. All money from such federal grants that	57794
require that the money be deposited into an interest-bearing fund	57795
or account, that are intended to provide funding to local criminal	57796
justice programs, and that require that investment earnings be	57797
distributed for program purposes shall be deposited in the state	57798
treasury to the credit of the federal justice programs fund, which	57799
is hereby created. All investment earnings of the federal justice	57800
programs fund shall be credited to the fund and distributed in	57801
accordance with the terms of the grant under which the money is	57802
received.	57803

(11) Contract with federal, state, and local agencies,	57804
foundations, corporations, businesses, and persons when necessary	57805
to carry out the duties of the ~~office~~division;	57806

(12) Oversee the activities of metropolitan county criminal	57807
justice services agencies, administrative planning districts, and	57808
criminal justice coordinating councils in the state;	57809

(13) Advise the director of public safety, general assembly,	57810
and governor on legislation and other significant matters that	57811
pertain to the improvement and reform of criminal and juvenile	57812
justice systems in the state;	57813

(14) Prepare and recommend legislation to the director of	57814
public safety, general assembly, and governor for the improvement	57815
of the criminal and juvenile justice systems in the state;	57816

(15) Assist, advise, and make any reports that are requested	57817
or required by the governor, director of public safety, attorney	57818
general, or general assembly;	57819

(16) ~~Adopt~~Subject to the approval of the director of public	57820
safety, adopt rules pursuant to Chapter 119. of the Revised Code.	57821

(C) Upon the request of the director of public safety or	57822
governor, the ~~office~~division of criminal justice services may do	57823
any of the following:	57824

(1) Collect, analyze, or correlate information and data	57825
concerning the juvenile justice system in the state;	57826

(2) Cooperate with and provide technical assistance to state	57827
departments, administrative planning districts, metropolitan	57828
county criminal justice service agencies, criminal justice	57829
coordinating councils, agency offices, and the departments of the	57830
juvenile justice system in the state and other appropriate	57831
organizations and persons;	57832

(3) Encourage and assist agencies, offices, and departments	57833
of the juvenile justice system in the state and other appropriate	57834
organizations and persons to solve problems that relate to the	57835
duties of the ~~office~~division.	57836

(D) Divisions (B) and (C) of this section do not limit the	57837
discretion or authority of the attorney general with respect to	57838
crime victim assistance and criminal justice programs.	57839

(E) Nothing in this section is intended to diminish or alter	57840
the status of the office of the attorney general as a criminal	57841
justice services agency.	57842

~~Sec. 181.251.~~ Sec. 5502.63. The ~~office~~division of criminal justice	57843
services in the department of public safety shall prepare a poster	57844
and a brochure that describe safe firearms practices. The poster	57845
and brochure shall contain typeface that is at least one-quarter	57846
inch tall. The ~~office~~division shall furnish copies of the poster	57847
and brochure free of charge to each federally licensed firearms	57848
dealer in this state.	57849

As used in this section, "federally licensed firearms dealer"	57850
means an importer, manufacturer, or dealer having a license to	57851
deal in destructive devices or their ammunition, issued and in	57852
effect pursuant to the federal "Gun Control Act of 1968," 82 Stat.	57853
1213, 18 U.S.C. 923 et seq., and any amendments or additions to	57854
that act or reenactments of that act.	57855

~~Sec. 181.54.~~ Sec. 5502.64. (A) A county may enter into an	57856
agreement with the largest city within the county to establish a	57857
metropolitan county criminal justice services agency, if the	57858
population of the county exceeds five hundred thousand or the	57859
population of the city exceeds two hundred fifty thousand.	57860

(B) A metropolitan county criminal justice services agency	57861
shall do all of the following:	57862

(1) Accomplish criminal and juvenile justice systems planning	57863
within its services area;	57864

(2) Collect, analyze, and correlate information and data	57865
concerning the criminal and juvenile justice systems within its	57866
services area;	57867

(3) Cooperate with and provide technical assistance to all	57868
criminal and juvenile justice agencies and systems and other	57869
appropriate organizations and persons within its services area;	57870

(4) Encourage and assist agencies of the criminal and	57871
juvenile justice systems and other appropriate organizations and	57872
persons to solve problems that relate to its duties;	57873

(5) Administer within its services area any federal criminal	57874
justice acts or juvenile justice acts that the ~~office~~division of	57875
criminal justice services pursuant to section 5139.11 of the	57876
Revised Code or the department of youth services administers	57877
within the state;	57878

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

57879

(7) Monitor or evaluate, within its services area, the	57880
performance of the criminal and juvenile justice systems projects	57881
and programs that are financed in whole or in part by funds	57882
granted through it;	57883

(8) Apply for, allocate, and disburse grants that are made	57884
available pursuant to any federal criminal justice acts, or	57885
pursuant to any other federal, state, or private sources for the	57886
purpose of improving the criminal and juvenile justice systems;	57887

(9) Contract with federal, state, and local agencies,	57888
foundations, corporations, and other businesses or persons to	57889
carry out the duties of the agency.	57890

~~Sec. 181.55.~~ Sec. 5502.65. (A)(1) When funds are available for	57891
criminal justice purposes pursuant to section ~~181.54~~5502.64 of	57892
the Revised Code, the ~~office~~division of criminal justice services	57893
shall provide funds to metropolitan county criminal justice	57894
services agencies for the purpose of developing, coordinating,	57895
evaluating, and implementing comprehensive plans within their	57896
respective counties. The ~~office~~division of criminal justice	57897
services shall provide funds to an agency only if it complies with	57898
the conditions of division (B) of this section.	57899

(2) When funds are available for juvenile justice purposes	57900
pursuant to section ~~181.54~~5502.64 of the Revised Code, the	57901
department of youth services shall provide funds to metropolitan	57902
county criminal justice services agencies for the purpose of	57903
developing, coordinating, evaluating, and implementing	57904
comprehensive plans within their respective counties. The	57905
department shall provide funds to an agency only if it complies	57906
with the conditions of division (B) of this section.	57907

(B) A metropolitan county criminal justice services agency	57908
shall do all of the following:	57909

(1) Submit, in a form that is acceptable to the ~~office~~	57910
division of criminal justice services or the department of youth	57911
services pursuant to section 5139.01 of the Revised Code, a	57912
comprehensive plan for the county;	57913

(2) Establish a metropolitan county criminal justice services	57914
supervisory board whose members shall include a majority of the	57915
local elected officials in the county and representatives from law	57916
enforcement agencies, courts, prosecuting authorities, public	57917
defender agencies, rehabilitation and correction agencies,	57918
community organizations, juvenile justice services agencies,	57919
professionals, and private citizens in the county, and that shall	57920
have the authority set forth in division (C) of this section;	57921

(3) Organize in the manner provided in sections 167.01 to	57922
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code,	57923
unless the board created pursuant to division (B)(2) of this	57924
section organizes pursuant to these sections.	57925

(C) A metropolitan county criminal justice services	57926
supervisory board shall do all of the following:	57927

(1) Exercise leadership in improving the quality of the	57928
criminal and juvenile justice systems in the county;	57929

(2) Review, approve, and maintain general oversight of the	57930
comprehensive plans for the county and the implementation of the	57931
plans;	57932

(3) Review and comment on the overall needs and	57933
accomplishments of the criminal and juvenile justice systems in	57934
the county;	57935

(4) Establish, as required to comply with this division, task	57936
forces, ad hoc committees, and other committees, whose members	57937
shall be appointed by the chairperson of the board;	57938

(5) Establish any rules that the board considers necessary	57939
and that are consistent with the federal criminal justice acts and	57940
section ~~181.52~~5502.62 of the Revised Code.	57941

~~Sec. 181.56.~~ Sec. 5502.66. (A) In counties in which a metropolitan	57942
county criminal justice services agency does not exist, the ~~office~~	57943
division of criminal justice services shall discharge the ~~office's~~	57944
division's duties that the ~~governor~~director of public safety	57945
requires it to administer by establishing administrative planning	57946
districts for criminal justice programs. An administrative	57947
planning district shall contain a group of contiguous counties in	57948
which no county has a metropolitan county criminal justice	57949
services agency.	57950

(B) In counties in which a metropolitan county criminal	57951
justice services agency does not exist, the department of youth	57952
services shall discharge pursuant to section 5139.11 of the	57953
Revised Code the department's duty by establishing administrative	57954
planning districts for juvenile justice programs.	57955

(C) All administrative planning districts shall contain a	57956
group of contiguous counties in which no county has a metropolitan	57957
county criminal justice services agency.	57958

(D) Any county or any combination of contiguous counties	57959
within an administrative planning district may form a criminal	57960
justice coordinating council or a juvenile justice coordinating	57961
council for its respective programs, if the county or the group of	57962
counties has a total population in excess of two hundred fifty	57963
thousand. The council shall comply with the conditions set forth	57964
in divisions (B) and (C) of section ~~181.55~~5502.65 of the Revised	57965
Code, and exercise within its jurisdiction the powers and duties	57966
set forth in division (B) of section ~~181.54~~5502.64 of the Revised	57967
Code.	57968

Sec. 5531.10. (A) As used in this chapter:

57969

(1) "Bond proceedings" means the resolution, order, trust	57970
agreement, indenture, lease, lease-purchase agreements, and other	57971
agreements, amendments and supplements to the foregoing, or any	57972
one or more or combination thereof, authorizing or providing for	57973
the terms and conditions applicable to, or providing for the	57974
security or liquidity of, obligations issued pursuant to this	57975
section, and the provisions contained in such obligations.	57976

(2) "Bond service charges" means principal, including	57977
mandatory sinking fund requirements for retirement of obligations,	57978
and interest, and redemption premium, if any, required to be paid	57979
by the state on obligations.	57980

(3) "Bond service fund" means the applicable fund and	57981
accounts therein created for and pledged to the payment of bond	57982
service charges, which may be, or may be part of, the state	57983
infrastructure bank revenue bond service fund created by division	57984
(R) of this section including all moneys and investments, and	57985
earnings from investments, credited and to be credited thereto.	57986

(4) "Issuing authority" means the treasurer of state, or the	57987
officer who by law performs the functions of the treasurer of	57988
state.	57989

(5) "Obligations" means bonds, notes, or other evidence of	57990
obligation including interest coupons pertaining thereto, issued	57991
pursuant to this section.	57992

(6) "Pledged receipts" means moneys accruing to the state	57993
from the lease, lease-purchase, sale, or other disposition, or	57994
use, of qualified projects, and from the repayment, including	57995
interest, of loans made from proceeds received from the sale of	57996
obligations; accrued interest received from the sale of	57997
obligations; income from the investment of the special funds; any	57998
gifts, grants, donations, and pledges, and receipts therefrom,	57999
available for the payment of bond service charges; and any amounts	58000
in the state infrastructure bank pledged to the payment of such	58001
charges. If the amounts in the state infrastructure bank are	58002
insufficient for the payment of such charges, "pledged receipts"	58003
also means moneys that are apportioned by the United States	58004
secretary of transportation under United States Code, Title XXIII,	58005
as amended, or any successor legislation, or under any other	58006
federal law relating to aid for highways, and that are to be	58007
received as a grant by the state, to the extent the state is not	58008
prohibited by state or federal law from using such moneys and the	58009
moneys are pledged to the payment of such bond service charges.	58010

(7) "Special funds" or "funds" means, except where the	58011
context does not permit, the bond service fund, and any other	58012
funds, including reserve funds, created under the bond	58013
proceedings, and the state infrastructure bank revenue bond	58014
service fund created by division (R) of this section to the extent	58015
provided in the bond proceedings, including all moneys and	58016
investments, and earnings from investment, credited and to be	58017
credited thereto.	58018

(8) "State infrastructure project" means any public	58019
transportation project undertaken by the state, including, but not	58020
limited to, all components of any such project, as described in	58021
division (D) of section ~~5131.09~~5531.09 of the Revised Code.	58022

(9) "District obligations" means bonds, notes, or other	58023
evidence of obligation including interest coupons pertaining	58024
thereto, issued to finance a qualified project by a transportation	58025
improvement district created pursuant to section 5540.02 of the	58026
Revised Code, of which the principal, including mandatory sinking	58027
fund requirements for retirement of such obligations, and interest	58028
and redemption premium, if any, are payable by the department of	58029
transportation.	58030

(B) The issuing authority, after giving written notice to the	58031
director of budget and management and upon the certification by	58032
the director of transportation to the issuing authority of the	58033
amount of moneys or additional moneys needed either for state	58034
infrastructure projects or to provide financial assistance for any	58035
of the purposes for which the state infrastructure bank may be	58036
used under section 5531.09 of the Revised Code, or needed for	58037
capitalized interest, funding reserves, and paying costs and	58038
expenses incurred in connection with the issuance, carrying,	58039
securing, paying, redeeming, or retirement of the obligations or	58040
any obligations refunded thereby, including payment of costs and	58041
expenses relating to letters of credit, lines of credit,	58042
insurance, put agreements, standby purchase agreements, indexing,	58043
marketing, remarketing and administrative arrangements, interest	58044
swap or hedging agreements, and any other credit enhancement,	58045
liquidity, remarketing, renewal, or refunding arrangements, all of	58046
which are authorized by this section, shall issue obligations of	58047
the state under this section in the required amount. The proceeds	58048
of such obligations, except for the portion to be deposited in	58049
special funds, including reserve funds, as may be provided in the	58050
bond proceedings, shall as provided in the bond proceedings be	58051
credited to the infrastructure bank obligations fund of the state	58052
infrastructure bank created by section 5531.09 of the Revised	58053
Code. The issuing authority may appoint trustees, paying agents,	58054
transfer agents, and authenticating agents, and may retain the	58055
services of financial advisors, accounting experts, and attorneys,	58056
and retain or contract for the services of marketing, remarketing,	58057
indexing, and administrative agents, other consultants, and	58058
independent contractors, including printing services, as are	58059
necessary in the issuing authority's judgment to carry out this	58060
section. The costs of such services are payable from funds of the	58061
state infrastructure bank.	58062

(C) The holders or owners of such obligations shall have no	58063
right to have moneys raised by taxation by the state of Ohio	58064
obligated or pledged, and moneys so raised shall not be obligated	58065
or pledged, for the payment of bond service charges. The right of	58066
such holders and owners to the payment of bond service charges is	58067
limited to all or that portion of the pledged receipts and those	58068
special funds pledged thereto pursuant to the bond proceedings for	58069
such obligations in accordance with this section, and each such	58070
obligation shall bear on its face a statement to that effect.	58071

(D) Obligations shall be authorized by order of the issuing	58072
authority and the bond proceedings shall provide for the purpose	58073
thereof and the principal amount or amounts, and shall provide for	58074
or authorize the manner or agency for determining the principal	58075
maturity or maturities, not exceeding twenty-five years from the	58076
date of issuance, the interest rate or rates or the maximum	58077
interest rate, the date of the obligations and the dates of	58078
payment of interest thereon, their denomination, and the	58079
establishment within or without the state of a place or places of	58080
payment of bond service charges. Sections 9.98 to 9.983 of the	58081
Revised Code are applicable to obligations issued under this	58082
section. The purpose of such obligations may be stated in the bond	58083
proceedings in terms describing the general purpose or purposes to	58084
be served. The bond proceedings also shall provide, subject to the	58085
provisions of any other applicable bond proceedings, for the	58086
pledge of all, or such part as the issuing authority may	58087
determine, of the pledged receipts and the applicable special fund	58088
or funds to the payment of bond service charges, which pledges may	58089
be made either prior or subordinate to other expenses, claims, or	58090
payments, and may be made to secure the obligations on a parity	58091
with obligations theretofore or thereafter issued, if and to the	58092
extent provided in the bond proceedings. The pledged receipts and	58093
special funds so pledged and thereafter received by the state	58094
immediately are subject to the lien of such pledge without any	58095
physical delivery thereof or further act, and the lien of any such	58096
pledges is valid and binding against all parties having claims of	58097
any kind against the state or any governmental agency of the	58098
state, irrespective of whether such parties have notice thereof,	58099
and shall create a perfected security interest for all purposes of	58100
Chapter 1309. of the Revised Code, without the necessity for	58101
separation or delivery of funds or for the filing or recording of	58102
the bond proceedings by which such pledge is created or any	58103
certificate, statement, or other document with respect thereto;	58104
and the pledge of such pledged receipts and special funds is	58105
effective and the money therefrom and thereof may be applied to	58106
the purposes for which pledged without necessity for any act of	58107
appropriation. Every pledge, and every covenant and agreement made	58108
with respect thereto, made in the bond proceedings may therein be	58109
extended to the benefit of the owners and holders of obligations	58110
authorized by this section, and to any trustee therefor, for the	58111
further security of the payment of the bond service charges.	58112

(E) The bond proceedings may contain additional provisions as	58113
to:	58114

(1) The redemption of obligations prior to maturity at the	58115
option of the issuing authority at such price or prices and under	58116
such terms and conditions as are provided in the bond proceedings;	58117

(2) Other terms of the obligations;

58118

(3) Limitations on the issuance of additional obligations;

58119

(4) The terms of any trust agreement or indenture securing	58120
the obligations or under which the same may be issued;	58121

(5) The deposit, investment, and application of special	58122
funds, and the safeguarding of moneys on hand or on deposit,	58123
without regard to Chapter 131. or 135. of the Revised Code, but	58124
subject to any special provisions of this section with respect to	58125
particular funds or moneys, provided that any bank or trust	58126
company which acts as depository of any moneys in the special	58127
funds may furnish such indemnifying bonds or may pledge such	58128
securities as required by the issuing authority;	58129

(6) Any or every provision of the bond proceedings being	58130
binding upon such officer, board, commission, authority, agency,	58131
department, or other person or body as may from time to time have	58132
the authority under law to take such actions as may be necessary	58133
to perform all or any part of the duty required by such provision;	58134

(7) Any provision that may be made in a trust agreement or	58135
indenture;	58136

(8) Any other or additional agreements with the holders of	58137
the obligations, or the trustee therefor, relating to the	58138
obligations or the security therefor, including the assignment of	58139
mortgages or other security relating to financial assistance for	58140
qualified projects under section 5531.09 of the Revised Code.	58141

(F) The obligations may have the great seal of the state or a	58142
facsimile thereof affixed thereto or printed thereon. The	58143
obligations and any coupons pertaining to obligations shall be	58144
signed or bear the facsimile signature of the issuing authority.	58145
Any obligations or coupons may be executed by the person who, on	58146
the date of execution, is the proper issuing authority although on	58147
the date of such bonds or coupons such person was not the issuing	58148
authority. In case the issuing authority whose signature or a	58149
facsimile of whose signature appears on any such obligation or	58150
coupon ceases to be the issuing authority before delivery thereof,	58151
such signature or facsimile nevertheless is valid and sufficient	58152
for all purposes as if the former issuing authority had remained	58153
the issuing authority until such delivery; and in case the seal to	58154
be affixed to obligations has been changed after a facsimile of	58155
the seal has been imprinted on such obligations, such facsimile	58156
seal shall continue to be sufficient as to such obligations and	58157
obligations issued in substitution or exchange therefor.	58158

(G) All obligations are negotiable instruments and securities	58159
under Chapter 1308. of the Revised Code, subject to the provisions	58160
of the bond proceedings as to registration. The obligations may be	58161
issued in coupon or in registered form, or both, as the issuing	58162
authority determines. Provision may be made for the registration	58163
of any obligations with coupons attached thereto as to principal	58164
alone or as to both principal and interest, their exchange for	58165
obligations so registered, and for the conversion or reconversion	58166
into obligations with coupons attached thereto of any obligations	58167
registered as to both principal and interest, and for reasonable	58168
charges for such registration, exchange, conversion, and	58169
reconversion.	58170

(H) Obligations may be sold at public sale or at private	58171
sale, as determined in the bond proceedings.	58172

(I) Pending preparation of definitive obligations, the	58173
issuing authority may issue interim receipts or certificates which	58174
shall be exchanged for such definitive obligations.	58175

(J) In the discretion of the issuing authority, obligations	58176
may be secured additionally by a trust agreement or indenture	58177
between the issuing authority and a corporate trustee which may be	58178
any trust company or bank having its principal place of business	58179
within the state. Any such agreement or indenture may contain the	58180
order authorizing the issuance of the obligations, any provisions	58181
that may be contained in any bond proceedings, and other	58182
provisions which are customary or appropriate in an agreement or	58183
indenture of such type, including, but not limited to:	58184

(1) Maintenance of each pledge, trust agreement, indenture,	58185
or other instrument comprising part of the bond proceedings until	58186
the state has fully paid the bond service charges on the	58187
obligations secured thereby, or provision therefor has been made;	58188

(2) In the event of default in any payments required to be	58189
made by the bond proceedings, or any other agreement of the	58190
issuing authority made as a part of the contract under which the	58191
obligations were issued, enforcement of such payments or agreement	58192
by mandamus, the appointment of a receiver, suit in equity, action	58193
at law, or any combination of the foregoing;	58194

(3) The rights and remedies of the holders of obligations and	58195
of the trustee, and provisions for protecting and enforcing them,	58196
including limitations on the rights of individual holders of	58197
obligations;	58198

(4) The replacement of any obligations that become mutilated	58199
or are destroyed, lost, or stolen;	58200

(5) Such other provisions as the trustee and the issuing	58201
authority agree upon, including limitations, conditions, or	58202
qualifications relating to any of the foregoing.	58203

(K) Any holder of obligations or a trustee under the bond	58204
proceedings, except to the extent that the holder's or trustee's	58205
rights are restricted by the bond proceedings, may by any suitable	58206
form of legal proceedings, protect and enforce any rights under	58207
the laws of this state or granted by such bond proceedings. Such	58208
rights include the right to compel the performance of all duties	58209
of the issuing authority and the director of transportation	58210
required by the bond proceedings or sections 5531.09 and 5531.10	58211
of the Revised Code; to enjoin unlawful activities; and in the	58212
event of default with respect to the payment of any bond service	58213
charges on any obligations or in the performance of any covenant	58214
or agreement on the part of the issuing authority or the director	58215
of transportation in the bond proceedings, to apply to a court	58216
having jurisdiction of the cause to appoint a receiver to receive	58217
and administer the pledged receipts and special funds, other than	58218
those in the custody of the treasurer of state, which are pledged	58219
to the payment of the bond service charges on such obligations or	58220
which are the subject of the covenant or agreement, with full	58221
power to pay, and to provide for payment of bond service charges	58222
on, such obligations, and with such powers, subject to the	58223
direction of the court, as are accorded receivers in general	58224
equity cases, excluding any power to pledge additional revenues or	58225
receipts or other income or moneys of the state or local	58226
governmental entities, or agencies thereof, to the payment of such	58227
principal and interest and excluding the power to take possession	58228
of, mortgage, or cause the sale or otherwise dispose of any	58229
project facilities.	58230

Each duty of the issuing authority and the issuing	58231
authority's officers and employees, and of each state or local	58232
governmental agency and its officers, members, or employees,	58233
undertaken pursuant to the bond proceedings or any loan, loan	58234
guarantee, lease, lease-purchase agreement, or other agreement	58235
made under authority of section 5531.09 of the Revised Code, and	58236
in every agreement by or with the issuing authority, is hereby	58237
established as a duty of the issuing authority, and of each such	58238
officer, member, or employee having authority to perform such	58239
duty, specifically enjoined by the law resulting from an office,	58240
trust, or station within the meaning of section 2731.01 of the	58241
Revised Code.	58242

The person who is at the time the issuing authority, or the	58243
issuing authority's officers or employees, are not liable in their	58244
personal capacities on any obligations issued by the issuing	58245
authority or any agreements of or with the issuing authority.	58246

(L) The issuing authority may authorize and issue obligations	58247
for the refunding, including funding and retirement, and advance	58248
refunding with or without payment or redemption prior to maturity,	58249
of any obligations previously issued by the issuing authority or	58250
of district obligations. Such refunding obligations may be issued	58251
in amounts sufficient for payment of the principal amount of the	58252
prior obligations or district obligations, any redemption premiums	58253
thereon, principal maturities of any such obligations or district	58254
obligations maturing prior to the redemption of the remaining	58255
obligations or district obligations on a parity therewith,	58256
interest accrued or to accrue to the maturity dates or dates of	58257
redemption of such obligations or district obligations, and any	58258
expenses incurred or to be incurred in connection with such	58259
issuance and such refunding, funding, and retirement. Subject to	58260
the bond proceedings therefor, the portion of proceeds of the sale	58261
of refunding obligations issued under this division to be applied	58262
to bond service charges on the prior obligations or district	58263
obligations shall be credited to an appropriate account held by	58264
the trustee for such prior or new obligations or to the	58265
appropriate account in the bond service fund for such obligations	58266
or district obligations. Obligations authorized under this	58267
division shall be deemed to be issued for those purposes for which	58268
such prior obligations or district obligations were issued and are	58269
subject to the provisions of this section pertaining to other	58270
obligations, except as otherwise provided in this section. The	58271
last maturity of obligations authorized under this division shall	58272
not be later than twenty-five years from the date of issuance of	58273
the original securities issued for the original purpose.	58274

(M) The authority to issue obligations under this section	58275
includes authority to issue obligations in the form of bond	58276
anticipation notes and to renew the same from time to time by the	58277
issuance of new notes. The holders of such notes or interest	58278
coupons pertaining thereto shall have a right to be paid solely	58279
from the pledged receipts and special funds that may be pledged to	58280
the payment of the bonds anticipated, or from the proceeds of such	58281
bonds or renewal notes, or both, as the issuing authority provides	58282
in the order authorizing such notes. Such notes may be	58283
additionally secured by covenants of the issuing authority to the	58284
effect that the issuing authority and the state will do such or	58285
all things necessary for the issuance of such bonds or renewal	58286
notes in the appropriate amount, and apply the proceeds thereof to	58287
the extent necessary, to make full payment of the principal of and	58288
interest on such notes at the time or times contemplated, as	58289
provided in such order. For such purpose, the issuing authority	58290
may issue bonds or renewal notes in such principal amount and upon	58291
such terms as may be necessary to provide funds to pay when	58292
required the principal of and interest on such notes,	58293
notwithstanding any limitations prescribed by or for purposes of	58294
this section. Subject to this division, all provisions for and	58295
references to obligations in this section are applicable to notes	58296
authorized under this division.	58297

The issuing authority in the bond proceedings authorizing the	58298
issuance of bond anticipation notes shall set forth for such bonds	58299
an estimated interest rate and a schedule of principal payments	58300
for such bonds and the annual maturity dates thereof.	58301

(N) Obligations issued under this section are lawful	58302
investments for banks, societies for savings, savings and loan	58303
associations, deposit guarantee associations, trust companies,	58304
trustees, fiduciaries, insurance companies, including domestic for	58305
life and domestic not for life, trustees or other officers having	58306
charge of sinking and bond retirement or other special funds of	58307
political subdivisions and taxing districts of this state, the	58308
commissioners of the sinking fund of the state, the administrator	58309
of workers' compensation in accordance with the investment policy	58310
established by the workers' compensation oversight commission	58311
pursuant to section 4121.12 of the Revised Code, the state	58312
teachers retirement system, the public employees retirement	58313
system, the school employees retirement system, and the Ohio	58314
police and fire pension fund, notwithstanding any other provisions	58315
of the Revised Code or rules adopted pursuant thereto by any	58316
agency of the state with respect to investments by them, and are	58317
also acceptable as security for the deposit of public moneys.	58318

(O) Unless otherwise provided in any applicable bond	58319
proceedings, moneys to the credit of or in the special funds	58320
established by or pursuant to this section may be invested by or	58321
on behalf of the issuing authority only in notes, bonds, or other	58322
obligations of the United States, or of any agency or	58323
instrumentality of the United States, obligations guaranteed as to	58324
principal and interest by the United States, obligations of this	58325
state or any political subdivision of this state, and certificates	58326
of deposit of any national bank located in this state and any	58327
bank, as defined in section 1101.01 of the Revised Code, subject	58328
to inspection by the superintendent of financial institutions. If	58329
the law or the instrument creating a trust pursuant to division	58330
(J) of this section expressly permits investment in direct	58331
obligations of the United States or an agency of the United	58332
States, unless expressly prohibited by the instrument, such moneys	58333
also may be invested in no-front-end-load money market mutual	58334
funds consisting exclusively of obligations of the United States	58335
or an agency of the United States and in repurchase agreements,	58336
including those issued by the fiduciary itself, secured by	58337
obligations of the United States or an agency of the United	58338
States; and in collective investment funds as defined in division	58339
(A) of section 1111.01 of the Revised Code and consisting	58340
exclusively of any such securities. The income from such	58341
investments shall be credited to such funds as the issuing	58342
authority determines, and such investments may be sold at such	58343
times as the issuing authority determines or authorizes.	58344

(P) Provision may be made in the applicable bond proceedings	58345
for the establishment of separate accounts in the bond service	58346
fund and for the application of such accounts only to the	58347
specified bond service charges on obligations pertinent to such	58348
accounts and bond service fund and for other accounts therein	58349
within the general purposes of such fund. Unless otherwise	58350
provided in any applicable bond proceedings, moneys to the credit	58351
of or in the several special funds established pursuant to this	58352
section shall be disbursed on the order of the treasurer of state,	58353
provided that no such order is required for the payment from the	58354
bond service fund when due of bond service charges on obligations.	58355

(Q)(1) The issuing authority may pledge all, or such portion	58356
as the issuing authority determines, of the pledged receipts to	58357
the payment of bond service charges on obligations issued under	58358
this section, and for the establishment and maintenance of any	58359
reserves, as provided in the bond proceedings, and make other	58360
provisions therein with respect to pledged receipts as authorized	58361
by this chapter, which provisions are controlling notwithstanding	58362
any other provisions of law pertaining thereto.	58363

(2) An action taken under division (Q)(2) of this section	58364
does not limit the generality of division (Q)(1) of this section,	58365
and is subject to division (C) of this section and, if and to the	58366
extent otherwise applicable, Section 13 of Article VIII, Ohio	58367
Constitution. The bond proceedings may contain a covenant that, in	58368
the event the pledged receipts primarily pledged and required to	58369
be used for the payment of bond service charges on obligations	58370
issued under this section, and for the establishment and	58371
maintenance of any reserves, as provided in the bond proceedings,	58372
are insufficient to make any such payment in full when due, or to	58373
maintain any such reserve, the director of transportation shall so	58374
notify the governor, and shall determine to what extent, if any,	58375
the payment may be made or moneys may be restored to the reserves	58376
from lawfully available moneys previously appropriated for that	58377
purpose to the department of transportation. The covenant also may	58378
provide that if the payments are not made or the moneys are not	58379
immediately and fully restored to the reserves from such moneys,	58380
the director shall promptly submit to the governor and to the	58381
director of budget and management a written request for either or	58382
both of the following:	58383

(a) That the next biennial budget submitted by the governor	58384
to the general assembly include an amount to be appropriated from	58385
lawfully available moneys to the department for the purpose of and	58386
sufficient for the payment in full of bond service charges	58387
previously due and for the full replenishment of the reserves;	58388

(b) That the general assembly be requested to increase	58389
appropriations from lawfully available moneys for the department	58390
in the current biennium sufficient for the purpose of and for the	58391
payment in full of bond service charges previously due and to come	58392
due in the biennium and for the full replenishment of the	58393
reserves.	58394

The director of transportation shall include with such	58395
requests a recommendation that the payment of the bond service	58396
charges and the replenishment of the reserves be made in the	58397
interest of maximizing the benefits of the state infrastructure	58398
bank. Any such covenant shall not obligate or purport to obligate	58399
the state to pay the bond service charges on such bonds or notes	58400
or to deposit moneys in a reserve established for such payments	58401
other than from moneys that may be lawfully available and	58402
appropriated for that purpose during the then-current biennium.	58403

(R) There is hereby created the state infrastructure bank	58404
revenue bond service fund, which shall be in the custody of the	58405
treasurer of state but shall not be a part of the state treasury.	58406
All moneys received by or on account of the issuing authority or	58407
state agencies and required by the applicable bond proceedings,	58408
consistent with this section, to be deposited, transferred, or	58409
credited to the bond service fund, and all other moneys	58410
transferred or allocated to or received for the purposes of the	58411
fund, shall be deposited and credited to such fund and to any	58412
separate accounts therein, subject to applicable provisions of the	58413
bond proceedings, but without necessity for any act of	58414
appropriation. The state infrastructure bank revenue bond service	58415
fund is a trust fund and is hereby pledged to the payment of bond	58416
service charges to the extent provided in the applicable bond	58417
proceedings, and payment thereof from such fund shall be made or	58418
provided for by the treasurer of state in accordance with such	58419
bond proceedings without necessity for any act of appropriation.	58420

(S) The obligations issued pursuant to this section, the	58421
transfer thereof, and the income therefrom, including any profit	58422
made on the sale thereof, shall at all times be free from taxation	58423
within this state.	58424

Sec. 5540.01. As used in this chapter:

58425

(A) "Transportation improvement district" or "district" means	58426
a transportation improvement district designated pursuant to	58427
section 5540.02 of the Revised Code.	58428

(B) "Governmental agency" means a department, division, or	58429
other unit of state government; a county, township, or municipal	58430
corporation or other political subdivision; a regional transit	58431
authority or regional transit commission created pursuant to	58432
Chapter 306. of the Revised Code; a port authority created	58433
pursuant to Chapter 4582. of the Revised Code; and the United	58434
States or any agency thereof.	58435

(C) "Project" means a street, highway, or other	58436
transportation project constructed or improved under this chapter	58437
and includes all bridges, tunnels, overpasses, underpasses,	58438
interchanges, approaches, those portions of connecting streets or	58439
highways that serve interchanges and are determined by the	58440
district to be necessary for the safe merging of traffic between	58441
the project and those streets or highways, service facilities, and	58442
administration, storage, and other buildings, property, and	58443
facilities, that the district considers necessary for the	58444
operation of the project, together with all property and rights	58445
that must be acquired by the district for the construction,	58446
maintenance, or operation of the project.	58447

(D) "Cost," as applied to the construction of a project,	58448
includes the cost of construction, including bridges over or under	58449
existing highways and railroads, acquisition of all property	58450
acquired by the district for such construction, demolishing or	58451
removing any buildings or structures on land so acquired,	58452
including the cost of acquiring any lands to which such buildings	58453
or structures may be moved, site clearance, improvement, and	58454
preparation, diverting streets or highways, interchanges with	58455
streets or highways, access roads to private property, including	58456
the cost of land or easements therefor, all machinery,	58457
furnishings, and equipment, communications facilities, financing	58458
expenses, interest prior to and during construction and for one	58459
year after completion of construction, traffic estimates,	58460
indemnity and surety bonds and premiums on insurance, and	58461
guarantees, engineering, feasibility studies, and legal expenses,	58462
plans, specifications, surveys, estimates of cost and revenues,	58463
other expenses necessary or incidental to determining the	58464
feasibility or practicability of constructing a project, and such	58465
other expense as may be necessary or incident to the construction	58466
of the project and the financing of such construction. Any	58467
obligation or expense incurred by any governmental agency or	58468
person for surveys, borings, preparation of plans and	58469
specifications, and other engineering services, or any other cost	58470
described above, in connection with the construction of a project	58471
may be regarded as part of the cost of the project and reimbursed	58472
from revenues, taxes, or the proceeds of bonds as authorized by	58473
this chapter.	58474

(E) "Owner" includes any person having any title or interest	58475
in any property authorized to be acquired by a district under this	58476
chapter.	58477

(F) "Revenues" means all moneys received by a district with	58478
respect to the lease, sublease, or sale, including installment	58479
sale, conditional sale, or sale under a lease-purchase agreement,	58480
of a project, all moneys received by a district under an agreement	58481
pursuant to section 5540.032 of the Revised Code, any gift or	58482
grant received with respect to a project, tolls, special	58483
assessments levied by the district, proceeds of bonds to the	58484
extent the use thereof for payment of principal or of premium, if	58485
any, or interest on the bonds is authorized by the district,	58486
proceeds from any insurance, condemnation, or guaranty pertaining	58487
to a project or property mortgaged to secure bonds or pertaining	58488
to the financing of a project, and income and profit from the	58489
investment of the proceeds of bonds or of any revenues.	58490

(G) "Street or highway" has the same meaning as in section	58491
4511.01 of the Revised Code.	58492

(H) "Financing expenses" means all costs and expenses	58493
relating to the authorization, issuance, sale, delivery,	58494
authentication, deposit, custody, clearing, registration,	58495
transfer, exchange, fractionalization, replacement, payment, and	58496
servicing of bonds including, without limitation, costs and	58497
expenses for or relating to publication and printing, postage,	58498
delivery, preliminary and final official statements, offering	58499
circulars, and informational statements, travel and	58500
transportation, underwriters, placement agents, investment	58501
bankers, paying agents, registrars, authenticating agents,	58502
remarketing agents, custodians, clearing agencies or corporations,	58503
securities depositories, financial advisory services,	58504
certifications, audits, federal or state regulatory agencies,	58505
accounting and computation services, legal services and obtaining	58506
approving legal opinions and other legal opinions, credit ratings,	58507
redemption premiums, and credit enhancement facilities.	58508

(I) "Bond proceedings" means the resolutions, trust	58509
agreements, certifications, notices, sale proceedings, leases,	58510
lease-purchase agreements, assignments, credit enhancement	58511
facility agreements, and other agreements, instruments, and	58512
documents, as amended and supplemented, or any one or more of	58513
combination thereof, authorizing, or authorizing or providing for	58514
the terms and conditions applicable to, or providing for the	58515
security or sale or award or liquidity of, bonds, and includes the	58516
provisions set forth or incorporated in those bonds and bond	58517
proceedings.	58518

(J) "Bond service charges" means principal, including any	58519
mandatory sinking fund or mandatory redemption requirements for	58520
retirement of bonds, and interest and any redemption premium	58521
payable on bonds, as those payments come due and are payable to	58522
the bondholder or to a person making payment under a credit	58523
enhancement facility of those bond service charges to a	58524
bondholder.	58525

(K) "Bond service fund" means the applicable fund created by	58526
the bond proceedings for and pledged to the payment of bond	58527
service charges on bonds provided for by those proceedings,	58528
including all moneys and investments, and earnings from	58529
investments, credited and to be credited to that fund as provided	58530
in the bond proceedings.	58531

(L) "Bonds" means bonds, notes, including notes anticipating	58532
bonds or other notes, commercial paper, certificates of	58533
participation, or other evidences of obligation, including any	58534
interest coupons pertaining thereto, issued pursuant to this	58535
chapter.	58536

(M) "Net revenues" means revenues lawfully available to pay	58537
both current operating expenses of a district and bond service	58538
charges in any fiscal year or other specified period, less current	58539
operating expenses of the district and any amount necessary to	58540
maintain a working capital reserve for that period.	58541

(N) "Pledged revenues" means net revenues, moneys and	58542
investments, and earnings on those investments, in the applicable	58543
bond service fund and any other special funds, and the proceeds of	58544
any bonds issued for the purpose of refunding prior bonds, all as	58545
lawfully available and by resolution of the district committed for	58546
application as pledged revenues to the payment of bond service	58547
charges on particular issues of bonds.	58548

(O) "Special funds" means the applicable bond service fund	58549
and any accounts and subaccounts in that fund, any other funds or	58550
accounts permitted by and established under, and identified as a	58551
special fund or special account in, the bond proceedings,	58552
including any special fund or account established for purposes of	58553
rebate or other requirements under federal income tax laws.	58554

(P) "Credit enhancement facilities" means letters of credit,	58555
lines of credit, standby, contingent, or firm securities purchase	58556
agreements, insurance, or surety arrangements, guarantees, and	58557
other arrangements that provide for direct or contingent payment	58558
of bond service charges, for security or additional security in	58559
the event of nonpayment or default in respect of bonds, or for	58560
making payment of bond service charges and at the option and on	58561
demand of bondholders or at the option of the district or upon	58562
certain conditions occurring under put or similar arrangements, or	58563
for otherwise supporting the credit or liquidity of the bonds, and	58564
includes credit, reimbursement, marketing, remarketing, indexing,	58565
carrying, interest rate hedge, and subrogation agreements, and	58566
other agreements and arrangements for payment and reimbursement of	58567
the person providing the credit enhancement facility and the	58568
security for that payment and reimbursement.	58569

(Q) "Refund" means to fund and retire outstanding bonds,	58570
including advance refunding with or without payment or redemption	58571
prior to stated maturity.	58572

(R) "Property" includes interests in property.

58573

(S) "Administrative agent," "agent," "commercial paper,"	58574
"floating rate interest structure," "indexing agent," "interest	58575
rate hedge," "interest rate period," "put arrangement," and	58576
"remarketing agent" have the same meanings as in section 9.98 of	58577
the Revised Code.	58578

(T) "Outstanding" as applied to bonds means outstanding in	58579
accordance with the terms of the bonds and the applicable bond	58580
proceedings.	58581

(U) "Interstate system" has the same meaning as in section	58582
5516.01 of the Revised Code.	58583

Sec. 5540.032. (A) A transportation improvement district and	58584
any governmental agency may enter into an agreement providing for	58585
the joint financing, construction, acquisition, or improvement of	58586
any project benefiting the parties thereto and providing for the	58587
joint management, maintenance, and repair thereof. Any such	58588
agreement shall be approved by resolution or ordinance passed by	58589
the legislative authority of each of the parties to such	58590
agreement, which resolution or ordinance shall authorize the	58591
execution thereof by a designated official or officials of each of	58592
such parties, and such agreement, when so approved and executed,	58593
shall be in full force and effect.	58594

(B)(1) Subject to division (B)(2) of this section, any party	58595
to such an agreement may issue and, notwithstanding any other	58596
provision of the Revised Code, a district may purchase directly	58597
from the party as an investment, securities to evidence the	58598
obligations of that party to the district pursuant to the	58599
agreement for its portion of the cost of the project pursuant to	58600
Chapter 133. or other applicable provisions of the Revised Code.	58601

(2) More than half of the property necessary for any project	58602
undertaken pursuant to an agreement under this section for which a	58603
district is purchasing securities under division (B)(1) of this	58604
section shall be located within the territory of the	58605
transportation improvement district.	58606

Sec. 5540.09. (A) The bonds do not constitute a debt, or a	58607
pledge of the faith and credit, of the state or of any political	58608
subdivision of the state. Bond service charges on outstanding	58609
bonds are payable solely from the pledged revenues pledged for	58610
their payment as authorized by this chapter and as provided in the	58611
bond proceedings. All bonds shall contain on their face a	58612
statement to that effect.	58613

(B) All expenses incurred in carrying out this chapter shall	58614
be payable solely from revenues provided under this chapter. ~~This~~	58615
Except as provided in section 5540.032 of the Revised Code, this	58616
chapter does not authorize the board of trustees of a district to	58617
incur indebtedness or liability on behalf of or payable by the	58618
state or any political subdivision of the state.	58619

Sec. 5552.01. As used in this chapter:

58620

(A) "Metropolitan planning organization" ~~has the same meaning~~	58621
~~as in division (A)(7) of section 3704.14 of the Revised Code~~means	58622
a metropolitan planning organization designated under section 9(a)	58623
of the "Federal-Aid Highway Act of 1962," 76 Stat. 1148, 23 U.S.C.	58624
134, as amended.	58625

(B) "Urban township" means a township that has a population	58626
in the unincorporated area of the township of fifteen thousand or	58627
more and that has adopted a limited home rule government under	58628
section 504.02 of the Revised Code.	58629

Sec. 5703.052. (A) There is hereby created in the state	58630
treasury the tax refund fund, from which refunds shall be paid for	58631
taxes illegally or erroneously assessed or collected, or for any	58632
other reason overpaid, that are levied by Chapter 4301., 4305.,	58633
5728., 5729., 5733., 5735., 5739., 5741., 5743., 5747., 5748.,	58634
5749., or ~~5753.~~5751., and sections 3737.71, 3905.35, 3905.36,	58635
4303.33, 5707.03, 5725.18, 5727.28, 5727.38, 5727.81, and 5727.811	58636
of the Revised Code. Refunds for fees illegally or erroneously	58637
assessed or collected, or for any other reason overpaid, that are	58638
levied by sections 3734.90 to 3734.9014 of the Revised Code also	58639
shall be paid from the fund. However, refunds for taxes levied	58640
under section 5739.101 of the Revised Code shall not be paid from	58641
the tax refund fund, but shall be paid as provided in section	58642
5739.104 of the Revised Code.	58643

(B)(1) Upon certification by the tax commissioner to the	58644
treasurer of state of a tax refund or fee refund, or by the	58645
superintendent of insurance of a domestic or foreign insurance tax	58646
refund, the treasurer of state shall place the amount certified to	58647
the credit of the fund. The certified amount transferred shall be	58648
derived from current receipts of the same tax or the fee from	58649
which the refund arose. If current receipts from the tax or fee	58650
from which the refund arose are inadequate to make the transfer of	58651
the amount so certified, the treasurer of state shall transfer	58652
such certified amount from current receipts of the sales tax	58653
levied by section 5739.02 of the Revised Code.	58654

(2) When the treasurer of state provides for the payment of a	58655
refund of a tax or fee from the current receipts of the sales tax,	58656
and the refund is for a tax or fee that is not levied by the	58657
state, the tax commissioner shall recover the amount of that	58658
refund from the next distribution of that tax or fee that	58659
otherwise would be made to the taxing jurisdiction. If the amount	58660
to be recovered would exceed twenty-five per cent of the next	58661
distribution of that tax or fee, the commissioner may spread the	58662
recovery over more than one future distribution, taking into	58663
account the amount to be recovered and the amount of the	58664
anticipated future distributions. In no event may the commissioner	58665
spread the recovery over a period to exceed twenty-four months.	58666

Sec. 5703.053. As used in this section, "postal service"	58667
means the United States postal service.	58668

An application to the tax commissioner for a tax refund under	58669
section 4307.05, 4307.07, 5727.28, 5727.91, 5728.061, 5735.122,	58670
5735.13, 5735.14, 5735.141, 5735.142, 5739.07, 5741.10, 5743.05,	58671
5743.53, 5745.11, 5749.08, or ~~5753.06~~5751.08 of the Revised Code	58672
or division (B) of section 5703.05 of the Revised Code, or a fee	58673
refunded under section 3734.905 of the Revised Code, that is	58674
received after the last day for filing under such section shall be	58675
considered to have been filed in a timely manner if:	58676

(A) The application is delivered by the postal service and	58677
the earliest postal service postmark on the cover in which the	58678
application is enclosed is not later than the last day for filing	58679
the application;	58680

(B) The application is delivered by the postal service, the	58681
only postmark on the cover in which the application is enclosed	58682
was affixed by a private postal meter, the date of that postmark	58683
is not later than the last day for filing the application, and the	58684
application is received within seven days of such last day; or	58685

(C) The application is delivered by the postal service, no	58686
postmark date was affixed to the cover in which the application is	58687
enclosed or the date of the postmark so affixed is not legible,	58688
and the application is received within seven days of the last day	58689
for making the application.	58690

Sec. 5703.057. (A) For the efficient administration of the	58691
taxes and fees administered by the tax commissioner, the	58692
commissioner may require that any person filing a tax document	58693
with the department of taxation provide identifying information,	58694
which may include the person's social security number, federal	58695
employer identification number, or other identification number	58696
requested by the commissioner. A person required by the	58697
commissioner to provide identifying information who has	58698
experienced any change with respect to that information shall	58699
notify the commissioner of the change prior to, or upon, filing	58700
the next tax document requiring such identifying information.	58701

(B) When transmitting or otherwise making use of a tax	58702
document that contains a person's social security number, the	58703
commissioner shall take all reasonable measures necessary to	58704
ensure that the number is not capable of being viewed by the	58705
general public, including, when necessary, masking the number so	58706
that it is not readily discernible by the general public.	58707

(C)(1) If the commissioner makes a request for identifying	58708
information and the commissioner does not receive valid	58709
identifying information within thirty days of making the request,	58710
the commissioner may impose a penalty upon the person to whom the	58711
request was directed of up to one hundred dollars. If, after the	58712
expiration of this thirty day period, the commissioner makes one	58713
or more subsequent requests for identifying information and the	58714
person to whom the subsequent request is directed fails to provide	58715
valid identifying information within thirty days of the	58716
commissioner's subsequent request, the commissioner may impose an	58717
additional penalty of up to two hundred dollars for each	58718
subsequent request not complied with in a timely fashion.	58719

(2) If a person required by the commissioner to provide	58720
identifying information does not notify the commissioner of a	58721
change with respect to that information as required under division	58722
(A) of this section within thirty days after filing the next tax	58723
document requiring such identifying information, the commissioner	58724
may impose a penalty of up to fifty dollars.	58725

(3) The penalties provided for under divisions (C)(1) and (2)	58726
of this section may be billed and assessed in the same manner as	58727
the tax or fee with respect to which the identifying information	58728
is sought and are in addition to any applicable criminal penalties	58729
described in division (D) of this section and any other penalties	58730
that may be imposed by the commissioner by law.	58731

(D) Section 5703.26 of the Revised Code applies with respect	58732
to false or fraudulent identifying information provided by a	58733
person to the commissioner under this section.	58734

Sec. 5703.26. No person shall knowingly make, present, aid,	58735
or assist in the preparation or presentation of a false or	58736
fraudulent report, return, schedule, statement, claim, or document	58737
authorized or required by law to be filed with the department of	58738
taxation, the treasurer of state, a county auditor, a county	58739
treasurer, or a county clerk of courts, or knowingly procure,	58740
counsel, or advise the preparation or presentation of such report,	58741
return, schedule, statement, claim, or document, or knowingly	58742
change, alter, or amend, or knowingly procure, counsel, or advise	58743
such change, alteration, or amendment of the records upon which	58744
such report, return, schedule, statement, claim, or document is	58745
based with intent to defraud the state or any of its subdivisions.	58746

~~With respect to such acts or conduct, no conviction shall be~~	58747
~~had under any other section of the Revised Code.~~	58748

Sec. 5703.47. (A) As used in this section, "federal	58749
short-term rate" means the rate of the average market yield on	58750
outstanding marketable obligations of the United States with	58751
remaining periods to maturity of three years or less, as	58752
determined under section 1274 of the "Internal Revenue Code of	58753
1986," 100 Stat. 2085, 26 U.S.C.A. 1274, for July of the current	58754
year.	58755

(B) On the fifteenth day of October of each year, the tax	58756
commissioner shall determine the federal short-term rate. For	58757
purposes of any section of the Revised Code requiring interest to	58758
be computed at the rate per annum required by this section, the	58759
rate determined by the commissioner under this section, rounded to	58760
the nearest whole number per cent, plus three per cent, shall be	58761
the interest rate per annum used in making the computation for	58762
interest that accrues during the following calendar year.	58763

(C) For the purposes of section 5719.041 of the Revised Code,	58764
references to the "federal short-term rate" are references to the	58765
federal short-term rate as determined by the tax commissioner	58766
under this section rounded to the nearest whole number per cent.	58767

~~(C)~~(D) Within ten days after the interest rate per annum is	58768
determined under this section, the tax commissioner shall notify	58769
the auditor of each county in writing of ~~that~~the rate of interest	58770
determined under division (B) of this section and the rate of	58771
interest described in division (C) of this section.	58772

Sec. 5703.50. As used in sections 5703.50 to 5703.53 of the	58773
Revised Code:	58774

(A) "Tax" includes only those taxes imposed on tangible	58775
personal property listed in accordance with Chapter 5711. of the	58776
Revised Code and taxes imposed under Chapters 5733., 5739., 5741.,	58777
~~and~~ 5747., and 5751. of the Revised Code.	58778

(B) "Taxpayer" means a person subject to or potentially	58779
subject to a tax including an employer required to deduct and	58780
withhold any amount under section 5747.06 of the Revised Code.	58781

(C) "Audit" means the examination of a taxpayer or the	58782
inspection of the books, records, memoranda, or accounts of a	58783
taxpayer for the purpose of determining liability for a tax.	58784

(D) "Assessment" means a notice of underpayment or nonpayment	58785
of a tax issued pursuant to section 5711.26, 5711.32, 5733.11,	58786
5739.13, 5741.11, 5741.13, or 5747.13, or 5751.09 of the Revised	58787
Code.	58788

(E) "County auditor" means the auditor of the county in which	58789
the tangible personal property subject to a tax is located.	58790

Sec. 5703.70. (A) On the filing of an application for refund	58791
under section 3734.905, 4307.05, 4307.07, 5727.28, 5727.91,	58792
5728.061, 5733.12, 5735.122, 5735.13, 5735.14, 5735.141, 5735.142,	58793
5735.18, 5739.07, 5739.071, 5739.104, 5741.10, 5743.05, 5743.53,	58794
or 5749.08, or 5751.08 of the Revised Code, or an application for	58795
compensation under section 5739.123 of the Revised Code, if the	58796
tax commissioner determines that the amount of the refund or	58797
compensation to which the applicant is entitled is less than the	58798
amount claimed in the application, the commissioner shall give the	58799
applicant written notice by ordinary mail of the amount. The	58800
notice shall be sent to the address shown on the application	58801
unless the applicant notifies the commissioner of a different	58802
address. The applicant shall have sixty days from the date the	58803
commissioner mails the notice to provide additional information to	58804
the commissioner or request a hearing, or both.	58805

(B) If the applicant neither requests a hearing nor provides	58806
additional information to the tax commissioner within the time	58807
prescribed by division (A) of this section, the commissioner shall	58808
take no further action, and the refund amount or compensation	58809
amount denied becomes final.	58810

(C)(1) If the applicant requests a hearing within the time	58811
prescribed by division (A) of this section, the tax commissioner	58812
shall assign a time and place for the hearing and notify the	58813
applicant of such time and place, but the commissioner may	58814
continue the hearing from time to time as necessary. After the	58815
hearing, the commissioner may make such adjustments to the refund	58816
or compensation as the commissioner finds proper, and shall issue	58817
a final determination thereon.	58818

(2) If the applicant does not request a hearing, but provides	58819
additional information, within the time prescribed by division (A)	58820
of this section, the commissioner shall review the information,	58821
make such adjustments to the refund or compensation as the	58822
commissioner finds proper, and issue a final determination	58823
thereon.	58824

(3) The commissioner shall serve a copy of the final	58825
determination made under division (C)(1) or (2) of this section on	58826
the applicant in the manner provided in section 5703.37 of the	58827
Revised Code, and the decision is final, subject to appeal under	58828
section 5717.02 of the Revised Code.	58829

(D) The tax commissioner shall certify to the director of	58830
budget and management and treasurer of state for payment from the	58831
tax refund fund created by section 5703.052 of the Revised Code,	58832
the amount of the refund to be refunded under division (B) or (C)	58833
of this section. The commissioner also shall certify to the	58834
director and treasurer of state for payment from the general	58835
revenue fund the amount of compensation to be paid under division	58836
(B) or (C) of this section.	58837

Sec. 5703.80. There is hereby created in the state treasury	58838
the property tax administration fund. All money to the credit of	58839
the fund shall be used to defray the costs incurred by the	58840
department of taxation in administering the taxation of property	58841
and the equalization of real property valuation.	58842

Each fiscal year between the first and fifteenth days of	58843
July, the tax commissioner shall compute the following amounts for	58844
the property in each taxing district in each county, and certify	58845
to the director of budget and management the sum of those amounts	58846
for all taxing districts in all counties:	58847

(A) ~~Three-tenths~~For fiscal year 2006, thirty-three	58848
hundredths of one per cent of the total amount by which taxes	58849
charged against real property on the general tax list of real and	58850
public utility property were reduced under section 319.302 of the	58851
Revised Code for the preceding tax year;	58852

(B) ~~Fifteen-hundredths~~For fiscal year 2007 and thereafter,	58853
thirty-five hundredths of one per cent of the total amount by	58854
which taxes charged against real property on the general tax list	58855
of real and public utility property were reduced under section	58856
319.302 of the Revised Code for the preceding tax year;	58857

(C) For fiscal year 2006, one-half of one per cent of the	58858
total amount of taxes charged and payable against public utility	58859
personal property on the general tax list of real and public	58860
utility property for the preceding tax year and of the total	58861
amount of taxes charged and payable against tangible personal	58862
property on the general tax list of personal property of the	58863
preceding tax year and for which returns were filed with the tax	58864
commissioner under section 5711.13 of the Revised Code;	58865

~~(C) Seventy-five~~(D) For fiscal year 2007, fifty-six	58866
hundredths of one per cent of the total amount of taxes charged	58867
and payable against public utility personal property on the	58868
general tax list of real and public utility property for the	58869
preceding tax year and of the total amount of taxes charged and	58870
payable against tangible personal property on the general tax list	58871
of personal property of the preceding tax year and for which	58872
returns were filed with the tax commissioner under section 5711.13	58873
of the Revised Code;	58874

(E) For fiscal year 2008 and thereafter, six-tenths of one	58875
per cent of the total amount of taxes charged and payable against	58876
public utility personal property on the general tax list of real	58877
and public utility property for the preceding tax year and of the	58878
total amount of taxes charged and payable against tangible	58879
personal property on the general tax list of personal property of	58880
the preceding tax year and for which returns were filed with the	58881
tax commissioner under section 5711.13 of the Revised Code.	58882

After receiving the tax commissioner's certification, the	58883
director of budget and management shall transfer from the general	58884
revenue fund to the property tax administration fund one-fourth of	58885
the amount certified on or before each of the following days: the	58886
first days of August, November, February, and May.	58887

On or before the thirtieth day of June of the fiscal year,	58888
the tax commissioner shall certify to the director of budget and	58889
management the sum of the amounts by which the amounts computed	58890
for a taxing district under ~~divisions (A), (B), and (C) of~~ this	58891
section exceeded the distributions to the taxing district under	58892
division (F) of section 321.24 of the Revised Code, and the	58893
director shall transfer that sum from the property tax	58894
administration fund to the general revenue fund.	58895

Sec. 5703.99. (A) Whoever violates section 5703.21 of the	58896
Revised Code shall be fined not less than fifty nor more than one	58897
hundred dollars.	58898

(B) Whoever violates section 5703.26 of the Revised Code is	58899
guilty of a felony of the fifth degree~~, and the court may impose~~	58900
~~upon the offender an additional fine of not more than seven~~	58901
~~thousand five hundred dollars~~.	58902

(C) Whoever violates section 5703.43 of the Revised Code	58903
~~shall be fined not more than one thousand dollars~~is guilty of a	58904
misdemeanor of the first degree.	58905

(D) Whoever violates any law that the department of taxation	58906
is required to administer, or fails to perform any duty required	58907
by such law, for which a penalty has not otherwise been provided,	58908
or fails to obey any lawful requirement or order made by the	58909
department of taxation, shall be fined not less than ~~twenty-five~~	58910
one hundred fifty nor more than one thousand dollars.	58911

Sec. 5705.091. The board of county commissioners of each	58912
county shall establish a county mental retardation and	58913
developmental disabilities general fund. Notwithstanding sections	58914
5705.09 and 5705.10 of the Revised Code, proceeds from levies	58915
under section 5705.222 and division (L) of section 5705.19 of the	58916
Revised Code shall be deposited to the credit of the county mental	58917
retardation and developmental disabilities general fund. Accounts	58918
shall be established within the county mental retardation and	58919
developmental disabilities general fund for each of the several	58920
particular purposes of the levies as specified in the resolutions	58921
under which the levies were approved, and proceeds from different	58922
levies that were approved for the same particular purpose shall be	58923
credited to accounts for that purpose. Other money received by the	58924
county for the purposes of Chapters 3323. and 5126. of the Revised	58925
Code and not required by state or federal law to be deposited to	58926
the credit of a different fund shall also be deposited to the	58927
credit of the county mental retardation and developmental	58928
disabilities general fund, in an account appropriate to the	58929
particular purpose for which the money was received. Unless	58930
otherwise provided by law, an unexpended balance at the end of a	58931
fiscal year in any account in the county mental retardation and	58932
developmental disabilities general fund shall be appropriated the	58933
next fiscal year to the same fund.	58934

A county board of mental retardation and developmental	58935
disabilities may request, by resolution, that the board of county	58936
commissioners establish a county mental retardation and	58937
developmental disabilities capital fund for money to be used for	58938
acquisition, construction, or improvement of capital facilities or	58939
acquisition of capital equipment used in providing services to	58940
mentally retarded and developmentally disabled persons. The county	58941
board of mental retardation and developmental disabilities shall	58942
transmit a certified copy of the resolution to the board of county	58943
commissioners. Upon receiving the resolution, the board of county	58944
commissioners shall establish a county mental retardation and	58945
developmental disabilities capital fund.	58946

A county board shall request, by resolution, that the board	58947
of county commissioners establish a county MR/DD medicaid reserve	58948
fund. On receipt of the resolution, the board of county	58949
commissioners shall establish a county MR/DD medicaid reserve	58950
fund. The portion of federal revenue funds that the county board	58951
earns for providing ~~habilitation center services,~~ medicaid case	58952
management services, and home and community-based services that is	58953
needed for the county board to pay for extraordinary costs,	58954
including extraordinary costs for services to individuals with	58955
mental retardation or other developmental disability, and ensure	58956
the availability of adequate funds in the event a county property	58957
tax levy for services for individuals with mental retardation or	58958
other developmental disability fails shall be deposited into the	58959
fund. The county board shall use money in the fund for those	58960
purposes in accordance with rules adopted under section 5123.0413	58961
of the Revised Code.	58962

Sec. 5705.19. This section does not apply to school	58963
districts or county school financing districts.	58964

The taxing authority of any subdivision at any time and in	58965
any year, by vote of two-thirds of all the members of the taxing	58966
authority, may declare by resolution and certify the resolution to	58967
the board of elections not less than seventy-five days before the	58968
election upon which it will be voted that the amount of taxes that	58969
may be raised within the ten-mill limitation will be insufficient	58970
to provide for the necessary requirements of the subdivision and	58971
that it is necessary to levy a tax in excess of that limitation	58972
for any of the following purposes:	58973

(A) For current expenses of the subdivision, except that the	58974
total levy for current expenses of a detention facility district	58975
or district organized under section 2151.65 of the Revised Code	58976
shall not exceed two mills and that the total levy for current	58977
expenses of a combined district organized under sections 2151.65	58978
and 2152.41 of the Revised Code shall not exceed four mills;	58979

(B) For the payment of debt charges on certain described	58980
bonds, notes, or certificates of indebtedness of the subdivision	58981
issued subsequent to January 1, 1925;	58982

(C) For the debt charges on all bonds, notes, and	58983
certificates of indebtedness issued and authorized to be issued	58984
prior to January 1, 1925;	58985

(D) For a public library of, or supported by, the subdivision	58986
under whatever law organized or authorized to be supported;	58987

(E) For a municipal university, not to exceed two mills over	58988
the limitation of one mill prescribed in section 3349.13 of the	58989
Revised Code;	58990

(F) For the construction or acquisition of any specific	58991
permanent improvement or class of improvements that the taxing	58992
authority of the subdivision may include in a single bond issue;	58993

(G) For the general construction, reconstruction,	58994
resurfacing, and repair of streets, roads, and bridges in	58995
municipal corporations, counties, or townships;	58996

(H) For parks and recreational purposes;

58997

(I) For the purpose of providing and maintaining fire	58998
apparatus, appliances, buildings, or sites therefor, or sources of	58999
water supply and materials therefor, or the establishment and	59000
maintenance of lines of fire alarm telegraph, or the payment of	59001
permanent, part-time, or volunteer firefighters or firefighting	59002
companies to operate the same, including the payment of the	59003
firefighter employers' contribution required under section 742.34	59004
of the Revised Code, or the purchase of ambulance equipment, or	59005
the provision of ambulance, paramedic, or other emergency medical	59006
services operated by a fire department or firefighting company;	59007

(J) For the purpose of providing and maintaining motor	59008
vehicles, communications, other equipment, buildings, and sites	59009
for such buildings used directly in the operation of a police	59010
department, or the payment of salaries of permanent police	59011
personnel, including the payment of the police officer employers'	59012
contribution required under section 742.33 of the Revised Code, or	59013
the payment of the costs incurred by townships as a result of	59014
contracts made with other political subdivisions in order to	59015
obtain police protection, or the provision of ambulance or	59016
emergency medical services operated by a police department;	59017

(K) For the maintenance and operation of a county home or	59018
detention facility;	59019

(L) For community mental retardation and developmental	59020
disabilities programs and services pursuant to Chapter 5126. of	59021
the Revised Code, except that the procedure for such levies shall	59022
be as provided in section 5705.222 of the Revised Code;	59023

(M) For regional planning;

59024

(N) For a county's share of the cost of maintaining and	59025
operating schools, district detention facilities, forestry camps,	59026
or other facilities, or any combination thereof, established under	59027
section 2151.65 or 2152.41 of the Revised Code or both of those	59028
sections;	59029

(O) For providing for flood defense, providing and	59030
maintaining a flood wall or pumps, and other purposes to prevent	59031
floods;	59032

(P) For maintaining and operating sewage disposal plants and	59033
facilities;	59034

(Q) For the purpose of purchasing, acquiring, constructing,	59035
enlarging, improving, equipping, repairing, maintaining, or	59036
operating, or any combination of the foregoing, a county transit	59037
system pursuant to sections 306.01 to 306.13 of the Revised Code,	59038
or of making any payment to a board of county commissioners	59039
operating a transit system or a county transit board pursuant to	59040
section 306.06 of the Revised Code;	59041

(R) For the subdivision's share of the cost of acquiring or	59042
constructing any schools, forestry camps, detention facilities, or	59043
other facilities, or any combination thereof, under section	59044
2151.65 or 2152.41 of the Revised Code or both of those sections;	59045

(S) For the prevention, control, and abatement of air	59046
pollution;	59047

(T) For maintaining and operating cemeteries;

59048

(U) For providing ambulance service, emergency medical	59049
service, or both;	59050

(V) For providing for the collection and disposal of garbage	59051
or refuse, including yard waste;	59052

(W) For the payment of the police officer employers'	59053
contribution or the firefighter employers' contribution required	59054
under sections 742.33 and 742.34 of the Revised Code;	59055

(X) For the construction and maintenance of a drainage	59056
improvement pursuant to section 6131.52 of the Revised Code;	59057

(Y) For providing or maintaining senior citizens services or	59058
facilities as authorized by section 307.694, 307.85, 505.70, or	59059
505.706 or division (EE) of section 717.01 of the Revised Code;	59060

(Z) For the provision and maintenance of zoological park	59061
services and facilities, or of a facility that encourages the	59062
study of and promotes the sciences, as authorized under section	59063
307.76 of the Revised Code;	59064

(AA) For the maintenance and operation of a free public	59065
museum of art, science, or history;	59066

(BB) For the establishment and operation of a 9-1-1 system,	59067
as defined in section 4931.40 of the Revised Code;	59068

(CC) For the purpose of acquiring, rehabilitating, or	59069
developing rail property or rail service. As used in this	59070
division, "rail property" and "rail service" have the same	59071
meanings as in section 4981.01 of the Revised Code. This division	59072
applies only to a county, township, or municipal corporation.	59073

(DD) For the purpose of acquiring property for, constructing,	59074
operating, and maintaining community centers as provided for in	59075
section 755.16 of the Revised Code;	59076

(EE) For the creation and operation of an office or joint	59077
office of economic development, for any economic development	59078
purpose of the office, and to otherwise provide for the	59079
establishment and operation of a program of economic development	59080
pursuant to sections 307.07 and 307.64 of the Revised Code;	59081

(FF) For the purpose of acquiring, establishing,	59082
constructing, improving, equipping, maintaining, or operating, or	59083
any combination of the foregoing, a township airport, landing	59084
field, or other air navigation facility pursuant to section 505.15	59085
of the Revised Code;	59086

(GG) For the payment of costs incurred by a township as a	59087
result of a contract made with a county pursuant to section	59088
505.263 of the Revised Code in order to pay all or any part of the	59089
cost of constructing, maintaining, repairing, or operating a water	59090
supply improvement;	59091

(HH) For a board of township trustees to acquire, other than	59092
by appropriation, an ownership interest in land, water, or	59093
wetlands, or to restore or maintain land, water, or wetlands in	59094
which the board has an ownership interest, not for purposes of	59095
recreation, but for the purposes of protecting and preserving the	59096
natural, scenic, open, or wooded condition of the land, water, or	59097
wetlands against modification or encroachment resulting from	59098
occupation, development, or other use, which may be styled as	59099
protecting or preserving "greenspace" in the resolution, notice of	59100
election, or ballot form;	59101

(II) For the support by a county of a crime victim assistance	59102
program that is provided and maintained by a county agency or a	59103
private, nonprofit corporation or association under section 307.62	59104
of the Revised Code;	59105

(JJ) For any or all of the purposes set forth in divisions	59106
(I) and (J) of this section. This division applies only to a	59107
township.	59108

(KK) For a countywide public safety communications system	59109
under section 307.63 of the Revised Code. This division applies	59110
only to counties.	59111

(LL) For the support by a county of criminal justice services	59112
under section 307.45 of the Revised Code;	59113

(MM) For the purpose of maintaining and operating a jail or	59114
other detention facility as defined in section 2921.01 of the	59115
Revised Code;	59116

(NN) For purchasing, maintaining, or improving, or any	59117
combination of the foregoing, real estate on which to hold	59118
agricultural fairs. This division applies only to a county.	59119

(OO) For constructing, rehabilitating, repairing, or	59120
maintaining sidewalks, walkways, trails, bicycle pathways, or	59121
similar improvements, or acquiring ownership interests in land	59122
necessary for the foregoing improvements;	59123

(PP) For both of the purposes set forth in divisions (G) and	59124
(OO) of this section.	59125

(QQ) For both of the purposes set forth in divisions (H) and	59126
(HH) of this section. This division applies only to a township.	59127

(RR) For the legislative authority of a municipal	59128
corporation, board of county commissioners of a county, or board	59129
of township trustees of a township to acquire agricultural	59130
easements, as defined in section 5301.67 of the Revised Code, and	59131
to supervise and enforce the easements.	59132

(SS) For both of the purposes set forth in divisions (BB) and	59133
(KK) of this section. This division applies only to a county.	59134

The resolution shall be confined to the purpose or purposes	59135
described in one division of this section, to which the revenue	59136
derived therefrom shall be applied. The existence in any other	59137
division of this section of authority to levy a tax for any part	59138
or all of the same purpose or purposes does not preclude the use	59139
of such revenues for any part of the purpose or purposes of the	59140
division under which the resolution is adopted.	59141

The resolution shall specify the amount of the increase in	59142
rate that it is necessary to levy, the purpose of that increase in	59143
rate, and the number of years during which the increase in rate	59144
shall be in effect, which may or may not include a levy upon the	59145
duplicate of the current year. The number of years may be any	59146
number not exceeding five, except as follows:	59147

(1) When the additional rate is for the payment of debt	59148
charges, the increased rate shall be for the life of the	59149
indebtedness.	59150

(2) When the additional rate is for any of the following, the	59151
increased rate shall be for a continuing period of time:	59152

(a) For the current expenses for a detention facility	59153
district, a district organized under section 2151.65 of the	59154
Revised Code, or a combined district organized under sections	59155
2151.65 and 2152.41 of the Revised Code;	59156

(b) For providing a county's share of the cost of maintaining	59157
and operating schools, district detention facilities, forestry	59158
camps, or other facilities, or any combination thereof,	59159
established under section 2151.65 or 2152.41 of the Revised Code	59160
or under both of those sections.	59161

(3) When the additional rate is for either of the following,	59162
the increased rate may be for a continuing period of time:	59163

(a) For the purposes set forth in division (I), (J), (U), or	59164
(KK) of this section;	59165

(b) For the maintenance and operation of a joint recreation	59166
district.	59167

(4) When the increase is for the purpose or purposes set	59168
forth in division (D), (G), (H), (CC), or (PP) of this section,	59169
the tax levy may be for any specified number of years or for a	59170
continuing period of time, as set forth in the resolution.	59171

(5) When the additional rate is for the purpose described in	59172
division (Z) of this section, the increased rate shall be for any	59173
number of years not exceeding ten.	59174

A levy for one of the purposes set forth in division (G),	59175
(I), (J), or (U) of this section may be reduced pursuant to	59176
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	59177
the purposes set forth in division (G), (I), (J), or (U) of this	59178
section may also be terminated or permanently reduced by the	59179
taxing authority if it adopts a resolution stating that the	59180
continuance of the levy is unnecessary and the levy shall be	59181
terminated or that the millage is excessive and the levy shall be	59182
decreased by a designated amount.	59183

A resolution of a detention facility district, a district	59184
organized under section 2151.65 of the Revised Code, or a combined	59185
district organized under both sections 2151.65 and 2152.41 of the	59186
Revised Code may include both current expenses and other purposes,	59187
provided that the resolution shall apportion the annual rate of	59188
levy between the current expenses and the other purpose or	59189
purposes. The apportionment need not be the same for each year of	59190
the levy, but the respective portions of the rate actually levied	59191
each year for the current expenses and the other purpose or	59192
purposes shall be limited by the apportionment.	59193

Whenever a board of county commissioners, acting either as	59194
the taxing authority of its county or as the taxing authority of a	59195
sewer district or subdistrict created under Chapter 6117. of the	59196
Revised Code, by resolution declares it necessary to levy a tax in	59197
excess of the ten-mill limitation for the purpose of constructing,	59198
improving, or extending sewage disposal plants or sewage systems,	59199
the tax may be in effect for any number of years not exceeding	59200
twenty, and the proceeds of the tax, notwithstanding the general	59201
provisions of this section, may be used to pay debt charges on any	59202
obligations issued and outstanding on behalf of the subdivision	59203
for the purposes enumerated in this paragraph, provided that any	59204
such obligations have been specifically described in the	59205
resolution.	59206

The resolution shall go into immediate effect upon its	59207
passage, and no publication of the resolution is necessary other	59208
than that provided for in the notice of election.	59209

When the electors of a subdivision have approved a tax levy	59210
under this section, the taxing authority of the subdivision may	59211
anticipate a fraction of the proceeds of the levy and issue	59212
anticipation notes in accordance with section 5705.191 or 5705.193	59213
of the Revised Code.	59214

Sec. 5705.391. ~~(A) A board of education shall adopt as part~~	59215
~~of its annual appropriation measure a spending plan or in the case~~	59216
~~of an amendment or supplement to an appropriation measure, an~~	59217
~~amended spending plan, setting forth a schedule of expenses and~~	59218
~~expenditures of all appropriated funds by the school district for~~	59219
~~the fiscal year. A copy of the annual appropriation measure and~~	59220
~~any amendment or supplement to it and the spending plan or amended~~	59221
~~plan shall be submitted to the superintendent of public~~	59222
~~instruction and shall set forth all revenues available for~~	59223
~~appropriation by the district during the fiscal year and their~~	59224
~~sources; the nature and amount of expenses to be incurred by the~~	59225
~~district during such year, the outstanding and unpaid expenses on~~	59226
~~the date the appropriation measure, amendment, or supplement is~~	59227
~~adopted; the date or dates by which such expenses must be paid;~~	59228
~~and such other information as the superintendent requires to~~	59229
~~enable the superintendent to determine whether during such year~~	59230
~~the district will incur any expenses that will impair its ability~~	59231
~~to operate its schools with the revenue available to it from~~	59232
~~existing revenue sources. The plan or amended plan shall be~~	59233
~~presented in such detail and form as the superintendent~~	59234
~~prescribes.~~	59235

~~(B)~~(A) No later than July 1, 1998, the department of	59236
education and the auditor of state shall jointly adopt rules	59237
requiring ~~school districts to include~~boards of education to	59238
submit five-year projections of operational revenues and	59239
expenditures ~~in the spending plan required by this section~~. The	59240
rules shall provide for the auditor of state or the department to	59241
examine the five-year projections and to determine whether any	59242
further fiscal analysis is needed to ascertain whether a district	59243
has the potential to incur a deficit during the first three years	59244
of the five-year period.	59245

The auditor of state or the department may conduct any	59246
further audits or analyses necessary to assess any district's	59247
fiscal condition. If further audits or analyses are conducted by	59248
the auditor of state, the auditor of state shall notify the	59249
department of the district's fiscal condition, and the department	59250
shall immediately notify the district of any potential to incur a	59251
deficit in the current fiscal year or of any strong indications	59252
that a deficit will be incurred in either of the ensuing two	59253
years. If such audits or analyses are conducted by the department,	59254
the department shall immediately notify the district and the	59255
auditor of state of such potential deficit or strong indications	59256
thereof.	59257

A district notified under this section shall take immediate	59258
steps to eliminate any deficit in the current fiscal year and	59259
shall begin to plan to avoid the projected future deficits.	59260

~~(C)~~(B) The state board of education, in accordance with	59261
sections 3319.31 and 3319.311 of the Revised Code, may limit,	59262
suspend, or revoke a license as defined under section 3319.31 of	59263
the Revised Code that has been issued to any school employee found	59264
to have willfully contributed erroneous, inaccurate, or incomplete	59265
data required for the submission of the ~~appropriation measure and~~	59266
~~spending plan~~five-year projection required by this section.	59267

Sec. 5707.031. (A) As used in this section:

59268

(1) "Qualifying dealer in intangibles" has the same meaning	59269
as in section 5733.45 of the Revised Code;	59270

(2) "Tax otherwise due" means the tax imposed on a qualifying	59271
dealer in intangibles under section 5707.03 and Chapter 5725. of	59272
the Revised Code reduced by the total amount of all other	59273
nonrefundable credits, if any, that the qualifying dealer in	59274
intangibles is entitled to claim.	59275

(B) Upon the issuance of a tax credit certificate by the Ohio	59276
venture capital authority under section 150.07 of the Revised	59277
Code, a credit may be claimed against the tax imposed on a	59278
qualifying dealer in intangibles under section 5707.03 and Chapter	59279
5725. of the Revised Code. The credit shall be claimed on a return	59280
due under section 5725.14 of the Revised Code after the	59281
certificate is issued by the authority.	59282

(C) If the qualifying dealer in intangibles elected a	59283
refundable credit under section 150.07 of the Revised Code and if	59284
the amount of the credit shown on the certificate does not exceed	59285
the tax otherwise due, then for the calendar year the qualifying	59286
dealer in intangibles shall claim a refundable credit equal to the	59287
amount of the credit shown on the certificate.	59288

(D) If the qualifying dealer in intangibles elected a	59289
refundable credit under section 150.07 of the Revised Code, and if	59290
the amount of the refundable credit shown on the certificate	59291
exceeds the tax otherwise due, then for the calendar year the	59292
qualifying dealer in intangibles shall claim a refundable credit	59293
equal to the sum of the following:	59294

(1) The amount, if any, of the tax otherwise due;

59295

(2) Seventy-five per cent of the difference between the	59296
amount of the refundable credit shown on the certificate and the	59297
tax otherwise due.	59298

(E) If the qualifying dealer in intangibles elected a	59299
nonrefundable credit under section 150.07 of the Revised Code and	59300
if the nonrefundable credit to which the qualifying dealer in	59301
intangibles would otherwise be entitled under this section for any	59302
calendar year is greater than the tax otherwise due, the excess	59303
shall be allowed as a nonrefundable credit in each of the ensuing	59304
ten calendar years, but the amount of any excess nonrefundable	59305
credit allowed in the ensuing calendar year shall be deducted from	59306
the balance carried forward to the next calendar year.	59307

Sec. 5711.16. (A) As used in this section~~, manufacturer~~:

59308

(1) "Manufacturer" means a person who purchases, receives, or	59309
holds personal property for the purpose of adding to its value by	59310
manufacturing, refining, rectifying, or combining different	59311
materials with a view of making a gain or profit by so doing.	59312

(2) "Manufacturing equipment" means machinery and equipment,	59313
and tools and implements, including any associated patterns, jigs,	59314
dies, drawings, and business fixtures, used at a manufacturing	59315
facility by a manufacturer, and includes any such property leased	59316
to the manufacturer. "Manufacturing equipment" excludes property	59317
used for general office purposes.	59318

(3) "Manufacturing facility" means a facility or portion of a	59319
facility used for manufacturing, mining, refining, rectifying, or	59320
combining different materials with a view of making a gain or	59321
profit by so doing. "Manufacturing facility" includes that portion	59322
of a facility used to store or transport raw materials,	59323
work-in-process, or finished goods inventory, for packaging, for	59324
research, or to test for quality control, as long as	59325
manufacturing, mining, refining, rectifying, or combining is also	59326
performed at the facility. "Manufacturing facility" does not	59327
include any portion of a facility used primarily for making retail	59328
sales.	59329

(4) "Manufacturing inventory" means all articles purchased,	59330
received, or otherwise held for the purpose of being used, in	59331
whole or in part, in manufacturing, mining, combining, rectifying,	59332
or refining, and of all articles that were at any time	59333
manufactured or changed in any way by a manufacturer, either by	59334
mining, combining, rectifying, refining, or adding thereto.	59335

(B) When a manufacturer is required to return a statement of	59336
the amount of the manufacturer's personal property used in	59337
business, the manufacturer shall include the average value,	59338
estimated as provided in this section, of ~~all articles purchased,~~	59339
~~received, or otherwise held for the purpose of being used, in~~	59340
~~whole or in part, in manufacturing, combining, rectifying, or~~	59341
~~refining, and of all articles that were at any time manufactured~~	59342
~~or changed in any way by the manufacturer, either by combining,~~	59343
~~rectifying, refining, or adding thereto,~~manufacturing inventory	59344
that the manufacturer has had on hand during the year ending on	59345
the day the property is listed for taxation annually, or the part	59346
of such year during which the manufacturer was engaged in	59347
business. The manufacturer shall separately list finished products	59348
not kept or stored at the place of manufacture or at a warehouse	59349
in the same county.	59350

The average value of such property shall be ascertained by	59351
taking the value of all property subject to be listed on the	59352
average basis, owned by the manufacturer on the last business day	59353
of each month the manufacturer was engaged in business during the	59354
year, adding the monthly values together, and dividing the result	59355
by the number of months the manufacturer was engaged in such	59356
business during the year. The result shall be the average value to	59357
be listed.	59358

~~(B)~~(C) A manufacturer also shall list all ~~engines and~~	59359
~~machinery, and tools and implements, of every kind used, or~~	59360
~~designed to be used, in refining and~~ manufacturing~~, and~~equipment	59361
owned or used by the manufacturer.	59362

Sec. 5711.21. (A) In assessing taxable property the assessor	59363
shall be governed by the rules of assessment prescribed by	59364
sections 5711.01 to 5711.36 of the Revised Code. Wherever any	59365
taxable property is required to be assessed at its true value in	59366
money or at any percentage of true value, the assessor shall be	59367
guided by the statements contained in the taxpayer's return and	59368
such other rules and evidence as will enable the assessor to	59369
arrive at such true value. Wherever the income yield of taxable	59370
property is required to be assessed, and the method of determining	59371
between income and return or distribution of principal, or that of	59372
allocating expenses in determining net income, or that of	59373
ascertaining the source from which partial distributions of income	59374
have been made is not expressly prescribed by sections 5711.01 to	59375
5711.36 of the Revised Code, the assessor shall be guided by the	59376
statements contained in the taxpayer's return and such general	59377
rules as the tax commissioner adopts to enable the assessor to	59378
make such determination.	59379

(B) ~~The~~For tax years before tax year 2009, the true value of	59380
the boilers, machinery, equipment, and any personal property used	59381
to generate or distribute the electricity shall be the sum of the	59382
following:	59383

(1) The true value of the property as it would be determined	59384
under this chapter if none of the electricity were distributed to	59385
others multiplied by the per cent of the electricity generated in	59386
the preceding calendar year that was used by the person who	59387
generated it; plus	59388

(2) The true value of the property that is production	59389
equipment as it would be determined for an electric company under	59390
section 5727.11 of the Revised Code multiplied by the per cent of	59391
the electricity generated in the preceding calendar year that was	59392
not used by the person who generated it; plus	59393

(3) The true value of the property that is not production	59394
equipment as it would be determined for an electric company under	59395
section 5727.11 of the Revised Code multiplied by the per cent of	59396
the electricity generated in the preceding calendar year that was	59397
not used by the person who generated it.	59398

(C) ~~The~~For tax years before tax year 2010, the true value of	59399
personal property leased to a public utility or interexchange	59400
telecommunications company as defined in section 5727.01 of the	59401
Revised Code and used by the utility or interexchange	59402
telecommunications company directly in the rendition of a public	59403
utility service as defined in division (P) of section 5739.01 of	59404
the Revised Code shall be determined in the same manner that the	59405
true value of such property is determined under section 5727.11 of	59406
the Revised Code if owned by the public utility or interexchange	59407
telecommunications company.	59408

Sec. 5711.22. (A) Deposits not taxed at the source shall be	59409
listed and assessed at their amount in dollars on the day they are	59410
required to be listed. Moneys shall be listed and assessed at the	59411
amount thereof in dollars on hand on the day that they are	59412
required to be listed. In listing investments, the amount of the	59413
income yield of each for the calendar year next preceding the date	59414
of listing shall, except as otherwise provided in this chapter, be	59415
stated in dollars and cents and the assessment thereof shall be at	59416
the amount of such income yield; but any property defined as	59417
investments in either division (A) or (B) of section 5701.06 of	59418
the Revised Code that has not been outstanding for the full	59419
calendar year next preceding the date of listing, except shares of	59420
stock of like kind as other shares of the same corporation	59421
outstanding for the full calendar year next preceding the date of	59422
listing, or which has yielded no income during such calendar year	59423
shall be listed and assessed as unproductive investments, at their	59424
true value in money on the day that such investments are required	59425
to be listed.	59426

Credits and other taxable intangibles shall be listed and	59427
assessed at their true value in money on the day as of which the	59428
same are required to be listed.	59429

Shares of stock of a bank holding company, as defined in	59430
Title 12 U.S.C.A., section 1841, that are required to be listed	59431
for taxation under this division and upon which dividends were	59432
paid during the year of their issuance, which dividends are	59433
subject to taxation under the provisions of Chapter 5747. of the	59434
Revised Code, shall be exempt from the intangibles tax for the	59435
year immediately succeeding their issuance. If such shares bear	59436
dividends the first calendar year after their issuance, which	59437
dividends are subject to taxation under the provisions of Chapter	59438
5747. of the Revised Code, it shall be deemed that the	59439
nondelinquent intangible property tax pursuant to division (A) of	59440
section 5707.04 of the Revised Code was paid on those dividends	59441
paid that first calendar year after the issuance of the shares.	59442

(B)~~(1) Boilers~~For tax years before tax year 2009, boilers,	59443
machinery, equipment, and personal property the true value of	59444
which is determined under division (B) of section 5711.21 of the	59445
Revised Code shall be listed and assessed at an amount equal to	59446
the sum of the products determined under divisions (B)(1)~~(a)~~,	59447
~~(b)~~(2), and ~~(c)~~(3) of this section.:	59448

~~(a)~~(1) Multiply the portion of the true value determined	59449
under division (B)(1) of section 5711.21 of the Revised Code by	59450
the assessment rate for the tax year in division ~~(F)~~(G) of this	59451
section;	59452

~~(b)~~(2) Multiply the portion of the true value determined	59453
under division (B)(2) of section 5711.21 of the Revised Code by	59454
the assessment rate in section 5727.111 of the Revised Code that	59455
is applicable to the production equipment of an electric company;	59456

~~(c)~~(3) Multiply the portion of the true value determined	59457
under division (B)(3) of section 5711.21 of the Revised Code by	59458
the assessment rate in section 5727.111 of the Revised Code that	59459
is applicable to the property of an electric company that is not	59460
production equipment.	59461

~~(2) Personal~~(C) For tax years before tax year 2006, personal	59462
property leased to a public utility or interexchange	59463
telecommunications company as defined in section 5727.01 of the	59464
Revised Code and used directly in the rendition of a public	59465
utility service as defined in division (P) of section 5739.01 of	59466
the Revised Code shall be listed and assessed at the same	59467
percentage of true value in money that such property is required	59468
to be assessed by section 5727.111 of the Revised Code if owned by	59469
the public utility or interexchange telecommunications company.	59470

~~(C)~~(D)(1) Merchandise or an agricultural product shipped from	59471
outside this state and held in this state in a warehouse or a	59472
place of storage without further manufacturing or processing and	59473
for storage only and for shipment outside this state, but that is	59474
~~taxable because it~~ does not qualify as "not used in business in	59475
this state" under division (B)(1) or (2) of section 5701.08 of the	59476
Revised Code, ~~shall be listed and assessed at a rate of~~	59477
~~twenty-five one-hundredths of its true value in money until~~	59478
~~reduced in accordance with the following schedule:~~	59479

~~(a) For any year, subtract five one-hundredths from the rate~~	59480
~~at which such property was required to be listed and assessed in~~	59481
~~the preceding year, if the total statewide collection of all real~~	59482
~~and tangible personal property taxes for the second preceding year~~	59483
~~exceeded the total statewide collection of all real and tangible~~	59484
~~personal property taxes for the third preceding year by more than~~	59485
~~the greater of four per cent or the rate of increase from the~~	59486
~~third to the second preceding years in the average consumer price~~	59487
~~index (all urban consumers, all items) prepared by the bureau of~~	59488
~~labor statistics of the United States department of labor;~~	59489

~~(b) If no reduction in the assessment rate is made for a~~	59490
~~year, the rate is the same as for the preceding year.~~	59491

~~(2) Each year until the year the assessment rate equals zero,~~	59492
~~the tax commissioner shall determine the assessment rate required~~	59493
~~under this division and shall notify all county auditors of that~~	59494
~~rate.~~	59495

~~(3) Notwithstanding provisions to the contrary in division~~	59496
~~(B) of section 5701.08 of the Revised Code, during and after the~~	59497
~~year for which the assessment rate as calculated under this~~	59498
~~division equals zero, any merchandise or agricultural product~~	59499
~~shipped from outside this state and held in this state in any~~	59500
~~warehouse or place of storage, whether public or private, without~~	59501
~~further manufacturing or processing and for storage only and for~~	59502
~~shipment outside this state to any person for any purpose~~ is	59503
nevertheless not used in business in this state for property tax	59504
purposes.	59505

~~(D)(1)~~(2) Merchandise or an agricultural product owned by a	59506
qualified out-of-state person shipped from outside this state and	59507
held in this state in a public warehouse without further	59508
manufacturing or processing and for temporary storage only and for	59509
shipment inside this state, but that ~~is taxable because it~~ does	59510
not qualify as "not used in business in this state" under division	59511
(B)(1) or (2) of section 5701.08 of the Revised Code, ~~shall be~~	59512
~~listed and assessed at a rate of twenty-five one-hundredths of its~~	59513
~~true value in money until reduced in accordance with the following~~	59514
~~schedule:~~	59515

~~(a) For any year, subtract five one-hundredths from the rate~~	59516
~~at which such property was required to be listed and assessed in~~	59517
~~the preceding year, if the total statewide collection of all real~~	59518
~~and tangible personal property taxes for the second preceding year~~	59519
~~exceeded the total statewide collection of all real and tangible~~	59520
~~personal property taxes for the third preceding year by more than~~	59521
~~the greater of four per cent or the rate of increase from the~~	59522
~~third to the second preceding years in the average consumer price~~	59523
~~index (all urban consumers, all items) prepared by the bureau of~~	59524
~~labor statistics of the United States department of labor;~~	59525

~~(b) If no reduction in the assessment rate is made for a~~	59526
~~year, the rate is the same as for the preceding year.~~	59527

~~(2) Each year until the year the assessment rate equals zero,~~	59528
~~the tax commissioner shall determine the assessment rate required~~	59529
~~under this division and shall notify all county auditors of that~~	59530
~~rate.~~	59531

~~(3) Notwithstanding provisions to the contrary in division~~	59532
~~(B) of section 5701.08 of the Revised Code, during and after the~~	59533
~~year for which the assessment rate as calculated under this~~	59534
~~division equals zero, any merchandise or agricultural product~~	59535
~~described in division (D)(1) of this section~~ is nevertheless not	59536
used in business in this state for property tax purposes.	59537

~~(4)~~(3) As used in division (D)(2) of this section:

59538

(a) "Qualified out-of-state person" means a person that does	59539
not own, lease, or use property, other than merchandise or an	59540
agricultural product described in this division, in this state,	59541
and does not have employees, agents, or representatives in this	59542
state;	59543

(b) "Public warehouse" means a warehouse in this state that	59544
is not subject to the control of or under the supervision of the	59545
owner of the merchandise or agricultural product stored in it, or	59546
staffed by the owner's employees, and from which the property is	59547
to be shipped inside this state.	59548

(E) Personal property valued pursuant to section 5711.15 of	59549
the Revised Code and personal property required to be listed on	59550
the average basis by division (A) of section 5711.16 of the	59551
Revised Code, except property described in division ~~(C) or~~ (D) of	59552
this section, business fixtures, and furniture not held for sale	59553
in the course of business, shall be listed and assessed at ~~the~~	59554
~~rate of twenty-five per cent of its true value in money until~~	59555
~~reduced to zero in accordance with the following schedule:~~	59556

~~(1) Beginning in tax year 2002 and for each of tax years 2003~~	59557
~~and 2004, subtract one percentage point from the rate at which the~~	59558
~~property was required to be listed and assessed in the preceding~~	59559
~~year, if the total statewide collection of tangible personal~~	59560
~~property taxes for the second preceding year exceeded the total~~	59561
~~statewide collection of tangible personal property taxes for the~~	59562
~~third preceding year. If no reduction in the assessment rate is~~	59563
~~made for a year, the rate is the same as for the preceding year.~~	59564

~~(2) In tax years 2005 and 2006, the assessment rate shall be~~	59565
~~reduced by two percentage points, if the total statewide~~	59566
~~collection of tangible personal property taxes for the second~~	59567
~~preceding year exceeded the total statewide collection of tangible~~	59568
~~personal property taxes for the third preceding year. If no~~	59569
~~reduction in the assessment rate is made for a year, the rate is~~	59570
~~the same as for the preceding year.~~	59571

~~(3) For tax year 2007 and each tax year thereafter, the~~	59572
~~assessment rate shall be reduced by two percentage points. During~~	59573
~~and after the tax year that the assessment rate equals zero, the~~	59574
~~property described in division (E) of this section shall not be~~	59575
~~listed for taxation.~~	59576

~~Each year until the year the assessment rate equals zero, the~~	59577
~~tax commissioner shall determine the assessment rate required~~	59578
~~under this division and shall notify all county auditors of that~~	59579
~~rate.~~	59580

~~For purposes of division (E) of this section, "total~~	59581
~~statewide collection of tangible person property taxes" excludes~~	59582
~~taxes collected from public utilities and interexchange~~	59583
~~telecommunications companies on property that is determined to be~~	59584
~~taxable pursuant to section 5727.06 of the Revised Code~~	59585
twenty-three per cent of its true value in money for tax year 2005	59586
and at the percentage of such true value specified in division (G)	59587
of this section for tax year 2006 and each tax year thereafter.	59588

(F) All manufacturing equipment as defined in section 5711.16	59589
of the Revised Code shall be listed and assessed at the following	59590
percentage of its true value in money:	59591

(1) For all such property not previously used in business in	59592
this state by the owner thereof, or by related member or	59593
predecessor of the owner, other than as inventory, before January	59594
1, 2005, zero per cent of true value;	59595

(2) For all other such property, at the percentage of true	59596
value specified in division (G) of this section for tax year 2005	59597
and each tax year thereafter. year 2005 shall be twenty-five per	59598
cent of true value, twelve and one-half per cent of true value for	59599
tax year 2006, and zero per cent of true value for tax year 2007	59600
and each tax year thereafter.	59601

~~(F)~~(G) Unless otherwise provided by law, all other personal	59602
property used in business that has not been legally regarded as an	59603
improvement on land and considered in arriving at the value of the	59604
real property assessed for taxation shall be listed and assessed	59605
at the ~~rate of twenty-five per cent~~following percentages of ~~its~~	59606
true value in money:	59607

(1) For tax year 2005, twenty-five per cent of true value;

59608

(2) For tax year 2006, eighteen and three-fourths per cent of	59609
true value;	59610

(3) For tax year 2007, twelve and one-half per cent of true	59611
value;	59612

(4) For tax year 2008, six and one-fourth per cent of true	59613
value;	59614

(5) For tax year 2009 and each tax year thereafter, zero per	59615
cent of true value.	59616

(H) During and after the tax year in which the assessment	59617
rate equals zero per cent, the property described in division (E),	59618
(F), or (G) of this section shall not be listed for taxation.	59619

(I) Divisions (E), (F), and (G) of this section apply to the	59620
property of a person described in divisions (E)(3) to (11) of	59621
section 5751.01 of the Revised Code. Division (I) of this section	59622
does not prevent the application of the exemption of property from	59623
taxation under section 5725.25 or 5725.26 of the Revised Code.	59624

Sec. 5711.28. Whenever the assessor imposes a penalty	59625
prescribed by section 5711.27 or 5725.17 of the Revised Code, the	59626
assessor shall send notice of such penalty assessment to the	59627
taxpayer by mail. If the notice also reflects the assessment of	59628
any property not listed in or omitted from a return, or the	59629
assessment of any item or class of taxable property listed in a	59630
return by the taxpayer in excess of the value or amount thereof as	59631
so listed, or without allowing a claim duly made for deduction	59632
from the net book value of accounts receivable, or depreciated	59633
book value of personal property used in business, so listed, and	59634
the taxpayer objects to one or more of such corrections in	59635
addition to the penalty, the taxpayer shall proceed as prescribed	59636
by section 5711.31 of the Revised Code, but if no such correction	59637
is reflected in the notice, or if the taxpayer does not object to	59638
any such correction made, hethe taxpayer shall proceed as	59639
prescribed herein.	59640

Within sixty days after the mailing of the notice of a	59641
penalty assessment prescribed by this section, the taxpayer may	59642
file with the tax commissioner, in person or by certified mail, a	59643
petition for abatement of such penalty assessment. If the petition	59644
is filed by certified mail, the date of the United States postmark	59645
placed on the sender's receipt by the postal employee to whom the	59646
petition is presented shall be treated as the date of filing. The	59647
petition shall have attached thereto and incorporated therein by	59648
reference a true copy of the notice of assessment complained of,	59649
but the failure to attach a copy of such notice and incorporate it	59650
by reference does not invalidate the petition. The petition shall	59651
also indicate that the taxpayer's only objection is to the	59652
assessed penalty and the reason for such objection.	59653

Upon the filing of a petition for abatement of penalty, the	59654
commissioner shall notify the treasurer of state or the auditor	59655
and treasurer of each county having any part of the penalty	59656
assessment entered on the tax list or duplicate. The commissioner	59657
shall review the petition without the need for hearing. If it	59658
appears that the failure of the taxpayer to timely return or list	59659
as required under this chapter, or to file a complying report and	59660
pay tax under Chapter 5725. of the Revised Code, whichever the	59661
case may be, was due to reasonable cause and not willful neglect,	59662
the commissioner may abate in whole or in part the penalty	59663
assessment. The commissioner shall transmit a certificate of the	59664
commissioner's determination to the taxpayer, and if no appeal is	59665
taken therefrom as provided by law, or upon the final	59666
determination of an appeal which may be taken, the commissioner	59667
shall notify the treasurer of state or the proper county auditor	59668
of such final determination. If the final determination orders	59669
abatement of the penalty assessment, the notification may be in	59670
the form of an amended assessment certificate. Upon receipt of the	59671
notification, the treasurer of state or county auditor shall make	59672
any corrections to the treasurer's or auditor's records and tax	59673
lists and duplicates required in accordance therewith and proceed	59674
as prescribed by section 5711.32 or 5725.22 of the Revised Code.	59675

The decision of the commissioner shall be final with respect	59676
to the percentage of penalty, if any, the commissioner finds	59677
appropriate ~~for the failure to return timely or list the property~~,	59678
but neither the commissioner's decision nor a final judgment of	59679
the board of tax appeals or any court to which such final	59680
determination may be appealed shall finalize the assessment of	59681
such property.	59682

Sec. 5715.24. (A) The tax commissioner, annually, shall	59683
determine whether the real property and the various classes	59684
thereof in the several counties, municipal corporations, and	59685
taxing districts which have completed a sexennial reappraisal in	59686
the current year and which will have the new taxable values placed	59687
on the tax list and duplicate have been assessed as required by	59688
law, and whether the values set forth in the agricultural land tax	59689
list in such taxing districts correctly reflect the true and	59690
agricultural use values of the lands contained therein. The	59691
determination shall be made prior to the first Monday in August	59692
unless the commissioner, for good cause, extends the date. If the	59693
commissioner finds that the real property or any class thereof in	59694
any such county, municipal corporation, or taxing district, as	59695
reported to it by the several county auditors of the counties that	59696
have completed such reappraisal is not listed for taxation or	59697
recorded on the agricultural land tax list in accordance	59698
therewith, hethe commissioner shall increase or decrease the	59699
appropriate aggregate value of the real property or any class	59700
thereof in any such county, township, municipal corporation,	59701
taxing district, or ward or division of a municipal corporation,	59702
by a per cent or amount that will cause such property to be	59703
correctly valued on the agricultural land tax list and to be	59704
correctly assessed on the tax list at its taxable value so that	59705
every class of real property shall be listed and valued for	59706
taxation and valued for purposes of sections 5713.33 to 5713.35 of	59707
the Revised Code as required by law. In determining whether a	59708
class of real property has been assessed at its correct taxable	59709
value and in determining any per cent or amount by which the	59710
aggregate value of the class from a prior year shall be increased	59711
or decreased to be correctly assessed, the commissioner shall	59712
consider only the aggregate values of property that existed in the	59713
prior year and that is to be taxed in the current year. In	59714
addition to any other adjustments the commissioner considers	59715
necessary to comply with this requirement, the value of new	59716
construction shall not be regarded as an increase in such	59717
aggregate value from the prior year, and the value of property	59718
destroyed or demolished since the prior year shall be deducted	59719
from the aggregate value of that class for the prior year.	59720

In implementing any increase or decrease in valuation of real	59721
property ordered by the commissioner pursuant to this section, the	59722
county auditor shall, when practicable, increase or decrease the	59723
taxable valuation of parcels in accordance with actual changes in	59724
valuation of real property which occur in different subdivisions,	59725
neighborhoods, or among classes of real property in the county.	59726

(B) Division (A) of this section also applies to a county in	59727
the third calendar year following the year in which a sexennial	59728
reappraisal is completed.	59729

Sec. 5719.041. If the payment of a general personal property	59730
or classified property tax is not made on or before the last day	59731
prescribed by section 5719.03 or 5719.031 of the Revised Code, an	59732
interest charge shall begin to accrue and shall continue until all	59733
charges are paid, except that no interest charge shall accrue for	59734
or in the month in which such payment was due under such section	59735
or under the circumstances and for the period described in	59736
division (A)(2) of section 5711.33 of the Revised Code or upon	59737
delinquent taxes that are the subject of a delinquent tax contract	59738
entered into pursuant to section 5719.05 of the Revised Code.	59739

The interest charge shall accrue against the balance of such	59740
taxes and any penalty thereon outstanding that remains unpaid on	59741
the last day of each month and shall be at the rate per calendar	59742
month, rounded to the nearest one-hundredth of one per cent, equal	59743
to one-twelfth of the ~~rate per annum prescribed by~~federal	59744
short-term rate determined by the tax commissioner under section	59745
5703.47 of the Revised Code for the calendar year that includes	59746
the month for which the charge accrues. The charge is payable in	59747
addition to the unpaid balance of taxes and penalties on the day	59748
the charge accrues, unless the entire balance is sooner paid.	59749

If a delinquent tax contract becomes void, interest shall be	59750
charged on the day on which the contract becomes void in the	59751
amount that would have been charged had the delinquent tax	59752
contract not been entered into and shall thereafter accrue as	59753
provided in this section.	59754

Interest shall be allowed, at the same rate per calendar	59755
month as is applicable that month for underpayments, on any	59756
overpayment of the tax charged on a general personal property or a	59757
classified property tax duplicate, from the first day of the month	59758
following the date of the overpayment until the last day of the	59759
month preceding the date of the refund of the overpayment. The	59760
interest shall be paid from the fund or funds to which the	59761
overpayment was credited.	59762

When the county treasurer makes the treasurer's annual	59763
settlement with the county auditor under division (D) of section	59764
321.24 of the Revised Code, the treasurer shall certify to the	59765
auditor a list of all entries on the cumulative delinquent tax	59766
duplicate that are at that time in the process of being paid in	59767
installments under a valid delinquent tax contract. For each entry	59768
that appears on the duplicate that is not on the certified list,	59769
the auditor shall compute the full amount of interest charges	59770
which have accrued against such entry since the preceding such	59771
settlement was made and shall include such charges through the	59772
last day of the month preceding the current settlement. The	59773
auditor shall include such amounts on the tax list and duplicates	59774
prepared by the auditor as prescribed in section 5719.04 of the	59775
Revised Code unless the interest is less than one dollar, in which	59776
case it shall not be added to such tax lists and duplicates.	59777

Before the county treasurer accepts any payment of taxes	59778
against which there are accrued interest charges that do not	59779
appear on the delinquent tax duplicate, the treasurer shall notify	59780
the auditor who shall issue a certificate to the treasurer showing	59781
the amount of such interest charges, and the treasurer shall	59782
collect the amount shown on such certificate at the time of	59783
accepting payment of such taxes. If the amount of such interest	59784
charges is less than one dollar, no such certificate shall be	59785
issued. In the case of delinquent personal property taxes, the	59786
interest shown on such certificate shall be credited to the	59787
undivided general tax fund, and distributed in the same manner as	59788
the delinquent taxes upon which the interest charges accrued. In	59789
the case of delinquent classified property taxes, the interest	59790
shown on such certificate shall be credited to the county library	59791
and local government support fund and distributed in accordance	59792
with section 5747.48 of the Revised Code. When the payment of	59793
delinquent taxes is credited on the tax duplicate the treasurer	59794
shall make a separate notation thereon indicating the amount	59795
collected and the index number of the auditor's certificate herein	59796
prescribed.	59797

Sec. 5725.01. As used in sections 5725.01 to 5725.26 of the	59798
Revised Code:	59799

(A) "Financial institution" means:

59800

(1) A national bank organized and existing as a national bank	59801
association pursuant to the "National Bank Act," 12 U.S.C. 21;	59802

(2) A federal savings association or federal savings bank	59803
that is chartered under 12 U.S.C. 1464;	59804

(3) A bank, banking association, trust company, savings and	59805
loan association, savings bank, or other banking institution that	59806
is incorporated or organized under the laws of any state;	59807

(4) Any corporation organized under 12 U.S.C. 611 to 631;

59808

(5) Any agency or branch of a foreign depository as defined	59809
in 12 U.S.C. 3101;	59810

(6) A company licensed as a small business investment company	59811
under the "Small Business Investment Act of 1958," 72 Stat. 689,	59812
15 U.S.C. 66l, as amended; or	59813

(7) A company chartered under the "Farm Credit Act of 1933,"	59814
48 Stat. 257, 12 U.S.C. 1131(d), as amended.	59815

Corporations or institutions organized under the "Federal	59816
Farm Loan Act" and amendments thereto, insurance companies, and	59817
credit unions shall not be considered financial institutions or	59818
dealers in intangibles within the meaning of such sections.	59819

(B) "Dealer in intangibles" includes every person who keeps	59820
an office or other place of business in this state and engages at	59821
such office or other place in ~~the~~a business that consists	59822
primarily of lending money, or discounting, buying, or selling	59823
bills of exchange, drafts, acceptances, notes, mortgages, or other	59824
evidences of indebtedness, or of buying or selling bonds, stocks,	59825
or other investment securities, whether on the person's own	59826
account with a view to profit, or as agent or broker for others,	59827
with a view to profit or personal earnings. Dealer in intangibles	59828
excludes institutions used exclusively for charitable purposes,	59829
insurance companies, and financial institutions. ~~Neither casual~~	59830
~~nor isolated transactions of any of the kinds enumerated in this~~	59831
~~division of this section, nor the~~The investment of funds as	59832
personal accumulations or as business reserves or working capital	59833
does not constitute engaging in a business within the meaning of	59834
this division ~~of this section~~; but a person who, having engaged in	59835
~~the~~a business that consists primarily of lending money, or	59836
discounting, buying, or selling bills of exchange, drafts,	59837
acceptances, notes, mortgages, or other evidences of indebtedness	59838
on the person's own account, remains in business primarily for the	59839
purpose of realizing upon the assets of ~~such~~the business is	59840
deemed a dealer in intangibles, though not presently engaged in a	59841
business that consists primarily of lending money or discounting	59842
or buying such securities.	59843

(C) "Insurance company" includes every corporation,	59844
association, and society engaged in the business of insurance of	59845
any character, or engaged in the business of entering into	59846
contracts substantially amounting to insurance of any character,	59847
or of indemnifying or guaranteeing against loss or damage, or	59848
acting as surety on bonds or undertakings. "Insurance company"	59849
also includes any health insuring corporation as defined in	59850
section 1751.01 of the Revised Code.	59851

(D) "Domestic insurance company" includes every insurance	59852
company organized and existing under the laws of this state, and	59853
every unincorporated association and society formed under the laws	59854
of this state for the purpose of engaging in said business, except	59855
a company, association, or society that is an insurance holding	59856
company affiliate controlled by a nonresident affiliate and has	59857
risks in this state formerly written by its foreign affiliates in	59858
a total amount exceeding the risks outstanding on the taxpayer's	59859
latest annual report that arise from business initially written by	59860
it in this state; and excludes every foreign insurance company. As	59861
used in this division, terms defined in section 3901.32 of the	59862
Revised Code have the same meanings given to them in that section.	59863

(E) "Foreign insurance company" includes every insurance	59864
company organized or existing under the laws of any other state,	59865
territory, country, or the United States and every insurance	59866
holding company affiliate excepted under division (D) of this	59867
section.	59868

Sec. 5725.19. (A) As used in this section, "tax otherwise	59869
due" means the tax imposed on a domestic insurance company under	59870
section 5725.18 of the Revised Code reduced by the total amount of	59871
all other nonrefundable credits, if any, that the domestic	59872
insurance company is entitled to claim.	59873

(B) Upon the issuance of a tax credit certificate by the Ohio	59874
venture capital authority under section 150.07 of the Revised	59875
Code, a credit may be claimed against the tax imposed on a	59876
domestic insurance company under section 5725.18 of the Revised	59877
Code. The credit shall be claimed in the calendar year specified	59878
in the certificate issued by the authority.	59879

(C) If the company elected a refundable credit under section	59880
150.07 of the Revised Code and if the amount of the credit shown	59881
on the certificate does not exceed the tax otherwise due, then for	59882
the calendar year the company shall claim a refundable credit	59883
equal to the amount of the credit shown on the certificate.	59884

(D) If the company elected a refundable credit under section	59885
150.07 of the Revised Code, and the amount of the credit shown on	59886
the certificate exceeds the tax otherwise due ~~under section~~	59887
~~5725.18 of the Revised Code~~, then for the calendar year the	59888
company ~~may receive a refund equal to seventy-five per cent of~~	59889
~~such excess. If~~shall claim a refundable credit equal to the sum	59890
of the following:	59891

(1) The amount, if any, of the tax otherwise due;

59892

(2) Seventy-five per cent of the difference between the	59893
amount of the refundable credit shown on the certificate and the	59894
tax otherwise due.	59895

(E) If the company elected a nonrefundable credit, the amount	59896
of the credit shown on the certificate shall not exceed the amount	59897
of tax otherwise due. If the company elected a nonrefundable	59898
credit and the credit to which the company would otherwise be	59899
entitled under this section for any calendar year is greater than	59900
the tax otherwise due ~~under section 5725.18 of the Revised Code~~,	59901
the excess shall be allowed as a nonrefundable credit in each of	59902
the ensuing ten calendar years, but the amount of any excess	59903
credit allowed in the ensuing calendar year shall be deducted from	59904
the balance carried forward to the next calendar year.	59905

Sec. 5725.32. A refundable credit granted by the tax credit	59906
authority under section 122.17 of the Revised Code may be claimed	59907
against the tax imposed by section 5725.18 of the Revised Code.	59908

Sec. 5727.01. As used in this chapter:

59909

(A) "Public utility" means each person referred to as a	59910
telephone company, telegraph company, electric company, natural	59911
gas company, pipe-line company, water-works company, water	59912
transportation company, heating company, rural electric company,	59913
railroad company, or combined company.	59914

(B) "Gross receipts" means the entire receipts for business	59915
done by any person from operations as a public utility, or	59916
incidental thereto, or in connection therewith, including any	59917
receipts received under Chapter 4928. of the Revised Code. The	59918
gross receipts for business done by an incorporated company	59919
engaged in operation as a public utility includes the entire	59920
receipts for business done by such company under the exercise of	59921
its corporate powers, whether from the operation as a public	59922
utility or from any other business.	59923

(C) "Rural electric company" means any nonprofit corporation,	59924
organization, association, or cooperative engaged in the business	59925
of supplying electricity to its members or persons owning an	59926
interest therein in an area the major portion of which is rural.	59927

(D) Any person:

59928

(1) Is a telegraph company when engaged in the business of	59929
transmitting telegraphic messages to, from, through, or in this	59930
state;	59931

(2) Is a telephone company when primarily engaged in the	59932
business of providing local exchange telephone service, excluding	59933
cellular radio service, in this state;	59934

(3) Is an electric company when engaged in the business of	59935
generating, transmitting, or distributing electricity within this	59936
state for use by others, but excludes a rural electric company;	59937

(4) Is a natural gas company when engaged in the business of	59938
supplying or distributing natural gas for lighting, power, or	59939
heating purposes to consumers within this state, excluding a	59940
person that is a governmental aggregator or retail natural gas	59941
supplier as defined in section 4929.01 of the Revised Code;	59942

(5) Is a pipe-line company when engaged in the business of	59943
transporting natural gas, oil, or coal or its derivatives through	59944
pipes or tubing, either wholly or partially within this state;	59945

(6) Is a water-works company when engaged in the business of	59946
supplying water through pipes or tubing, or in a similar manner,	59947
to consumers within this state;	59948

(7) Is a water transportation company when engaged in the	59949
transportation of passengers or property, by boat or other	59950
watercraft, over any waterway, whether natural or artificial, from	59951
one point within this state to another point within this state, or	59952
between points within this state and points without this state;	59953

(8) Is a heating company when engaged in the business of	59954
supplying water, steam, or air through pipes or tubing to	59955
consumers within this state for heating purposes;	59956

(9) Is a railroad company when engaged in the business of	59957
owning or operating a railroad either wholly or partially within	59958
this state on rights-of-way acquired and held exclusively by such	59959
company, or otherwise, and includes a passenger, street, suburban,	59960
or interurban railroad company.	59961

As used in division (D)(2) of this section, "local exchange	59962
telephone service" means making available or furnishing access and	59963
a dial tone to all persons within a local calling area for use in	59964
originating and receiving voice grade communications over a	59965
switched network operated by the provider of the service within	59966
the area and for gaining access to other telecommunication	59967
services.	59968

(E) "Taxable property" means the property required by section	59969
5727.06 of the Revised Code to be assessed by the tax	59970
commissioner, but does not include either of the following:	59971

(1) An item of tangible personal property that for the period	59972
subsequent to the effective date of an air, water, or noise	59973
pollution control certificate and continuing so long as the	59974
certificate is in force, has been certified as part of the	59975
pollution control facility with respect to which the certificate	59976
has been issued;	59977

(2) An item of tangible personal property that during the	59978
construction of a plant or facility and until the item is first	59979
capable of operation, whether actually used in operation or not,	59980
is incorporated in or being held exclusively for incorporation in	59981
that plant or facility.	59982

(F) "Taxing district" means a municipal corporation of	59983
township, or part thereof, in which the aggregate rate of taxation	59984
is uniform.	59985

(G) "Telecommunications service" has the same meaning as in	59986
division (AA) of section 5739.01 of the Revised Code.	59987

(H) "Interexchange telecommunications company" means a person	59988
that is engaged in the business of transmitting telephonic	59989
messages to, from, through, or in this state, but that is not a	59990
telephone company.	59991

(I) "Sale and leaseback transaction" means a transaction in	59992
which a public utility or interexchange telecommunications company	59993
sells any tangible personal property to a person other than a	59994
public utility or interexchange telecommunications company and	59995
leases that property back from the buyer.	59996

(J) "Production equipment" means all taxable steam, nuclear,	59997
hydraulic, and other production plant equipment used to generate	59998
electricity. For tax years prior to 2001, "production equipment"	59999
includes taxable station equipment that is located at a production	60000
plant.	60001

(K) "Tax year" means the year for which property or gross	60002
receipts are subject to assessment under this chapter. This	60003
division does not limit the tax commissioner's ability to assess	60004
and value property or gross receipts outside the tax year.	60005

(L) "Combined company" means any person engaged in the	60006
activity of an electric company or rural electric company that is	60007
also engaged in the activity of a heating company or a natural gas	60008
company, or any combination thereof.	60009

(M) "Public utility property lessor" means any person that	60010
leases to a public utility, other than a railroad or water	60011
transportation company, or to an interexchange telecommunications	60012
company property that would be taxable property if the public	60013
utility or interexchange telecommunications company owned the	60014
property. A public utility property lessor is subject to this	60015
chapter only for the purposes of reporting and paying tax on	60016
taxable property it leases to a public utility or interexchange	60017
telecommunications company.	60018

Sec. 5727.02. As used in this chapter, "public utility,"	60019
"electric company," "natural gas company," "pipe-line company,"	60020
"water-works company," "water transportation company" or "heating	60021
company" does not include any of the following:	60022

(A) ~~Any~~(1) Except as provided in division (A)(2) of this	60023
section, any person that is engaged in some other primary business	60024
to which the supplying of electricity, heat, natural gas, water,	60025
water transportation, steam, or air to others is incidental. As	60026
used in ~~this~~ division (A) of this section and in section 5727.031	60027
of the Revised Code, "supplying of electricity" means generating,	60028
transmitting, or distributing electricity.	60029

(2) For tax year 2006 and each tax year thereafter, a person	60030
that is engaged in some other primary business to which the	60031
supplying of electricity to others is incidental shall be treated	60032
as an "electric company" and a "public utility" for purposes of	60033
this chapter solely to the extent required by section 5727.031 of	60034
the Revised Code.	60035

(B) Any person that supplies electricity, natural gas, water,	60036
water transportation, steam, or air to its tenants, whether for a	60037
separate charge or otherwise;	60038

(C) Any person whose primary business in this state consists	60039
of producing, refining, or marketing petroleum or its products.	60040

(D) Any person whose primary business in this state consists	60041
of producing or gathering natural gas rather than supplying or	60042
distributing natural gas to consumers.	60043

Sec. 5727.031. (A) For tax year 2006 and each tax year	60044
thereafter, a person that is engaged in some other primary	60045
business to which the supplying of electricity to others is	60046
incidental shall file a report under section 5727.08 of the	60047
Revised Code as an electric company but shall only report therein	60048
as taxable property the amounts required in divisions (B) and (C)	60049
of this section. All time limits and other procedural requirements	60050
of this chapter for the reporting and assessment of property of	60051
electric companies apply to persons required to file a report	60052
under this section.	60053

(B) A person subject to this section shall report the true	60054
value of the boilers, machinery, equipment, and any personal	60055
property used to supply electricity to others, which shall be the	60056
sum of the following:	60057

(1) The true value of the property that is production	60058
equipment as it would be determined for an electric company under	60059
section 5727.11 of the Revised Code multiplied by the per cent of	60060
the electricity generated in the preceding calendar year that was	60061
not used by the person who generated it; plus	60062

(2) The true value of the property that is not production	60063
equipment as it would be determined for an electric company under	60064
section 5727.11 of the Revised Code multiplied by the per cent of	60065
the electricity generated in the preceding calendar year that was	60066
not used by the person who generated it.	60067

(C) The property reported under division (B) of this section	60068
shall be listed and assessed at an amount equal to the sum of the	60069
products determined under divisions (C)(1) and (2) of this	60070
section.	60071

(1) Multiply the portion of the true value determined under	60072
division (B)(1) of this section by the assessment rate in section	60073
5727.111 of the Revised Code that is applicable to the production	60074
equipment of an electric company;	60075

(2) Multiply the portion of the true value determined under	60076
division (B)(2) of this section by the assessment rate in section	60077
5727.111 of the Revised Code that is applicable to the property of	60078
an electric company that is not production equipment.	60079

Sec. 5727.06. (A) Except as otherwise provided by law, the	60080
following constitutes the taxable property of a public utility or,	60081
interexchange telecommunications company, or public utility	60082
property lessor that shall be assessed by the tax commissioner:	60083

(1) For tax years before tax year 2006:

60084

(a) In the case of a railroad company, all real property and	60085
tangible personal property owned or operated by the railroad	60086
company in this state on the thirty-first day of December of the	60087
preceding year;	60088

~~(2)~~(b) In the case of a water transportation company, all	60089
tangible personal property, except watercraft, owned or operated	60090
by the water transportation company in this state on the	60091
thirty-first day of December of the preceding year and all	60092
watercraft owned or operated by the water transportation company	60093
in this state during the preceding calendar year;	60094

~~(3)~~(c) In the case of all other public utilities and	60095
interexchange telecommunications companies, all tangible personal	60096
property that on the thirty-first day of December of the preceding	60097
year was both located in this state and:	60098

~~(a)~~(i) Owned by the public utility or interexchange	60099
telecommunications company; or	60100

~~(b)~~(ii) Leased by the public utility or interexchange	60101
telecommunications company under a sale and leaseback transaction.	60102

(2) For tax years 2006, 2007, and 2008:

60103

(a) In the case of a railroad company, all real property and	60104
tangible personal property owned, or operated by the railroad	60105
company in this state on the thirty-first day of December of the	60106
preceding year;	60107

(b) In the case of a water transportation company, all	60108
tangible personal property, except watercraft, owned, or operated	60109
by the water transportation company in this state on the	60110
thirty-first day of December of the preceding year and all	60111
watercraft owned, or operated by the water transportation company	60112
in this state during the preceding calendar year;	60113

(c) In the case of all other public utilities and	60114
interexchange telecommunications companies, all tangible personal	60115
property that on the thirty-first day of December of the preceding	60116
year was both located in this state and either owned by the public	60117
utility or interexchange telecommunications company or leased by	60118
the public utility or interexchange telecommunications company	60119
under a sale and leaseback transaction.	60120

(3) For tax year 2009 and each tax year thereafter:

60121

(a) In the case of a railroad company, all real property used	60122
in railroad operations and tangible personal property owned or	60123
operated by the railroad company in this state on the thirty-first	60124
day of December of the preceding year;	60125

(b) In the case of a water transportation company, all	60126
tangible personal property, except watercraft, owned or operated	60127
by the water transportation company in this state on the	60128
thirty-first day of December of the preceding year and all	60129
watercraft owned or operated by the water transportation company	60130
in this state during the preceding calendar year;	60131

(c) In the case of all other public utilities and	60132
interexchange telecommunications companies, all tangible personal	60133
property that on the thirty-first day of December of the preceding	60134
year was both located in this state and either owned by the public	60135
utility or interexchange telecommunications company or leased by	60136
the public utility or interexchange telecommunications company	60137
under a sale and leaseback transaction;	60138

(d) In the case of a public utility property lessor, all	60139
personal property that on the thirty-first day of December of the	60140
preceding year was both located in this state and leased, in other	60141
than a sale and leaseback transaction, to an interexchange	60142
telecommunications company or a public utility other than a	60143
railroad company or water transportation company. The assessment	60144
rate used under section 5727.111 of the Revised Code shall be	60145
based on the assessment rate that would apply if the interexchange	60146
telecommunications company or public utility owned the property.	60147

(B) In the case of an interexchange telecommunications	60148
company, all taxable property shall be subject to the provisions	60149
of this chapter and shall be valued by the commissioner in	60150
accordance with division (A) of section 5727.11 of the Revised	60151
Code. A person described by this division shall file the report	60152
required by section 5727.08 of the Revised Code. Persons described	60153
in this division shall not be considered taxpayers, as defined in	60154
division (B) of section 5711.01 of the Revised Code, and shall not	60155
be required to file a return and list their taxable property under	60156
any provision of Chapter 5711. of the Revised Code.	60157

(C) The lien of the state for taxes levied each year on the	60158
real and personal property of public utilities and interexchange	60159
telecommunications companies and on the personal property of	60160
public utility property lessors shall attach thereto on the	60161
thirty-first day of December of the preceding year.	60162

(D) Property that is required by division (A)(3)(b) of this	60163
section to be assessed by the tax commissioner under this chapter	60164
shall not be listed by the owner of the property under Chapter	60165
5711. of the Revised Code.	60166

(E) The tax commissioner may adopt rules governing the	60167
listing of the taxable property of public utilities and	60168
interexchange telecommunications companies and the determination	60169
of true value.	60170

Sec. 5727.08. On or before the first day of March, annually,	60171
each public utility and interexchange telecommunications company,	60172
and, for tax years 2009 and thereafter, each public utility	60173
property lessor, shall file a report with the tax commissioner, on	60174
a form prescribed by the tax commissioner. The report shall	60175
include such information as the tax commissioner requires to	60176
enable the tax commissioner to make any assessment or	60177
apportionment required under this chapter.	60178

The report shall be signed by either the owner of the public	60179
utility interexchange telecommunications company, or public	60180
utility property lessor or the president, secretary, treasurer, or	60181
another duly authorized person.	60182

If such a public utility company, or lessor fails to file the	60183
report on or before the first day of March, or the date it is due	60184
under an extension allowed pursuant to section 5727.48 of the	60185
Revised Code, or fails to accurately report all taxable property,	60186
the tax commissioner may impose a penalty of up to fifty per cent	60187
of the taxable value of the property that was not timely or	60188
accurately reported. However, if ~~the~~such a public utility,	60189
company, or lessor files, within sixty days after the first day of	60190
March or the extended due date, the report or an amended report	60191
and discloses all items of taxable property that are required by	60192
this chapter to be reported, the penalty shall not be more than	60193
five per cent of the taxable value that was not timely or	60194
accurately reported. The penalty shall be added to and considered	60195
a part of the total taxable value of the property that was not	60196
timely or accurately reported, and may be abated in whole or in	60197
part by the tax commissioner pursuant to a petition for	60198
reassessment filed under section 5727.47 of the Revised Code.	60199

Sec. 5727.10. Annually, the tax commissioner shall	60200
determine, in accordance with section 5727.11 of the Revised Code,	60201
the true value in money of all taxable property, except property	60202
of a railroad company, required by ~~division (A)(2) or (3) of~~	60203
section 5727.06 of the Revised Code to be assessed by the	60204
commissioner. The commissioner also shall determine the total	60205
taxable value of such property based on the percentages of true	60206
value at which the property is required to be assessed by section	60207
5727.111 of the Revised Code.	60208

The commissioner shall be guided by the information contained	60209
in the report filed by the public utility and such other evidence	60210
and rules as will enable ~~him~~the commissioner to make these	60211
determinations.	60212

Before issuing the preliminary assessment under section	60213
5727.23 of the Revised Code, the commissioner shall notify each	60214
public utility of the proposed total taxable value of its taxable	60215
property, including any proposed penalty. After receiving such	60216
notice, a public utility may, upon written application, within the	60217
time prescribed by the commissioner, appear before ~~him~~the	60218
commissioner and be heard in the matter of the proposal. The	60219
commissioner may, on the application of a public utility, or on	60220
~~his~~the commissioner's own motion, correct the proposal.	60221

Sec. 5727.11. (A) Except as otherwise provided in this	60222
section, the true value of all taxable property, except property	60223
of a railroad company, required by ~~division (A)(2) or (3) of~~	60224
section 5727.06 of the Revised Code to be assessed by the tax	60225
commissioner shall be determined by a method of valuation using	60226
cost as capitalized on the public utility's books and records less	60227
composite annual allowances as prescribed by the commissioner. If	60228
the commissioner finds that application of this method will not	60229
result in the determination of true value of the public utility's	60230
taxable property, the commissioner may use another method of	60231
valuation.	60232

(B)(1) Except as provided in division (B)(2) of this section,	60233
the true value of current gas stored underground is the cost of	60234
that gas shown on the books and records of the public utility on	60235
the thirty-first day of December of the preceding year.	60236

(2) For tax year 2001 and thereafter, the true value of	60237
current gas stored underground is the quotient obtained by	60238
dividing (a) the average value of the current gas stored	60239
underground, which shall be determined by adding the value of the	60240
gas on hand at the end of each calendar month in the calendar year	60241
preceding the tax year, or, if applicable, the last day of	60242
business of each month for a partial month, divided by (b) the	60243
total number of months the natural gas company was in business	60244
during the calendar year prior to the beginning of the tax year.	60245
with the approval of the tax commissioner, a natural gas company	60246
may use a date other than the end of a calendar month to value its	60247
current gas stored underground.	60248

(C) The true value of noncurrent gas stored underground is	60249
thirty-five per cent of the cost of that gas shown on the books	60250
and records of the public utility on the thirty-first day of	60251
December of the preceding year.	60252

(D)(1) Except as provided in division (D)(2) of this section,	60253
the true value of the production equipment of an electric company	60254
and the true value of all taxable property of a rural electric	60255
company is the equipment's or property's cost as capitalized on	60256
the company's books and records less fifty per cent of that cost	60257
as an allowance for depreciation and obsolescence.	60258

(2) The true value of the production equipment of an electric	60259
company or rural electric company purchased, transferred, or	60260
placed into service after the effective date of this amendment is	60261
the purchase price of the equipment as capitalized on the	60262
company's books and records less composite annual allowances as	60263
prescribed by the tax commissioner.	60264

(E) The true value of taxable property ~~described in division~~	60265
~~(A)(2) or (3) of~~, except property of a railroad company, required	60266
by section 5727.06 of the Revised Code to be assessed by the tax	60267
commissioner shall not include the allowance for funds used during	60268
construction or interest during construction that has been	60269
capitalized on the public utility's books and records as part of	60270
the total cost of the taxable property. This division shall not	60271
apply to the taxable property of an electric company or a rural	60272
electric company, excluding transmission and distribution	60273
property, first placed into service after December 31, 2000, or to	60274
the taxable property a person purchases, which includes transfers,	60275
if that property was used in business by the seller prior to the	60276
purchase.	60277

(F) The true value of watercraft owned or operated by a water	60278
transportation company shall be determined by multiplying the true	60279
value of the watercraft as determined under division (A) of this	60280
section by a fraction, the numerator of which is the number of	60281
revenue-earning miles traveled by the watercraft in the waters of	60282
this state and the denominator of which is the number of	60283
revenue-earning miles traveled by the watercraft in all waters.	60284

(G) The cost of property subject to a sale and leaseback	60285
transaction is the cost of the property as capitalized on the	60286
books and records of the public utility owning the property	60287
immediately prior to the sale and leaseback transaction.	60288

(H) The cost as capitalized on the books and records of a	60289
public utility includes amounts capitalized that represent	60290
regulatory assets, if such amounts previously were included on the	60291
company's books and records as capitalized costs of taxable	60292
personal property.	60293

(I) Any change in the composite annual allowances as	60294
prescribed by the commissioner on a prospective basis shall not be	60295
admissible in any judicial or administrative action or proceeding	60296
as evidence of value with regard to prior years' taxes.	60297
Information about the business, property, or transactions of any	60298
taxpayer obtained by the commissioner for the purpose of adopting	60299
or modifying the composite annual allowances shall not be subject	60300
to discovery or disclosure.	60301

Sec. 5727.111. The taxable property of each public utility,	60302
except a railroad company, and of each interexchange	60303
telecommunications company shall be assessed at the following	60304
percentages of true value:	60305

(A)~~(1) Except as provided in division (A)(2) of this section,~~	60306
~~fifty per cent in the case of a rural electric company;~~	60307

~~(2) For tax year 2001 and thereafter, fifty~~Fifty per cent in	60308
the case of the taxable transmission and distribution property of	60309
a rural electric company, and twenty-five per cent for all its	60310
other taxable property;	60311

(B) In the case of a telephone or telegraph company,	60312
twenty-five per cent for taxable property first subject to	60313
taxation in this state for tax year 1995 or thereafter, and the	60314
following for all other taxable property:	60315

(1) For tax years prior to 2005, eighty-eight per cent;

60316

(2) For tax year 2005, sixty-seven per cent;

60317

(3) For tax year 2006, forty-six per cent;

60318

(4) For tax year 2007 and thereafter, twenty-five per cent.

60319

(C) Twenty-five per cent in the case of a natural gas	60320
company.	60321

(D) Eighty-eight per cent in the case of a pipe-line,	60322
water-works, or heating company;	60323

(E)(1) ~~Except as provided in division (E)(2) or (3) of this~~	60324
~~section, one hundred per cent in the case of the taxable~~	60325
~~production equipment of an electric company and eighty-eight per~~	60326
~~cent for all its other taxable property;~~	60327

~~(2)~~ For tax year ~~2001 and thereafter~~2005, eighty-eight per	60328
cent in the case of the taxable transmission and distribution	60329
property of an electric company, and twenty-five per cent for all	60330
its other taxable property;	60331

~~(3) Property listed and assessed under divisions (B)(1) and~~	60332
~~(2) of section 5711.22 of the Revised Code and leased to an~~	60333
~~electric company shall continue to be assessed at one hundred per~~	60334
~~cent for production equipment and eighty-eight~~(2) For tax year	60335
2006 and each tax year thereafter, eighty-five per cent in the	60336
case of the taxable transmission and distribution property of an	60337
electric company, and twenty-four per cent for all ~~such~~its other	60338
taxable property ~~until January 1, 2002~~.	60339

(F) Twenty-five per cent in the case of an interexchange	60340
telecommunications company;	60341

(G) Twenty-five per cent in the case of a water	60342
transportation company.	60343

Sec. 5727.12. As used in this chapter, "property used in	60344
railroad operations" means property used in or determined by the	60345
tax commissioner to be held by a railroad for use in railroad	60346
operations. In determining the true value of all real and personal	60347
property owned or leased by each railroad company and used in	60348
railroad operations, the commissioner shall use the unitary method	60349
and value all of the property of the company's railroad system as	60350
a whole, considering the factors generally used in that method,	60351
and weighing each factor appropriately. The true value of the	60352
property used in railroad operations shall be apportioned to this	60353
state as provided in section 5727.14 of the Revised Code. The	60354
commissioner shall separately determine the true value of property	60355
owned by the company that the commissioner determines is not used	60356
in railroad operations. The commissioner may require the advice of	60357
county auditors concerning such values.	60358

All property of a railroad shall be assessed for taxation at	60359
the same percentage of true value at which all other real property	60360
in this state is assessed, in the case of real property, and at	60361
the percentage of true value provided under divisions (E) ~~and~~,	60362
(F), and (G) of section 5711.22 of the Revised Code, in the case	60363
of personal property.	60364

A determination of the value of each tract, lot, or parcel of	60365
real property or each item of personal property not used in	60366
railroad operations shall be considered a separate determination	60367
with respect to which a separate petition for reassessment may be	60368
filed under section 5727.47 of the Revised Code.	60369

Where a line of railroad is subsidized under the terms of the	60370
federal regional rail reorganization act or the federal rail	60371
revitalization and regulatory reform act, the real and other fixed	60372
property shall be assessed solely in the name of its owner.	60373

Sec. 5727.23. On or before the first Monday in October,	60374
annually, the tax commissioner shall assess the taxable property	60375
of each public utility~~. The~~and interexchange telecommunications	60376
company, and for tax year 2009 and thereafter of each public	60377
utility property lessor. If the taxpayer failed to file its annual	60378
report required by section 5727.08 of the Revised Code at least	60379
sixty days prior to such date, the commissioner may make the	60380
assessment under this section within sixty days after the taxpayer	60381
files the report, but this does not preclude the commissioner from	60382
making an assessment without receiving the report.	60383

The action of the tax commissioner shall be evidenced by a	60384
preliminary assessment that reflects the taxable value apportioned	60385
to each county and each taxing district in the county. The	60386
commissioner may amend the preliminary assessment as provided in	60387
this section. Each preliminary assessment and amended preliminary	60388
assessment shall be certified to the public utility, interexchange	60389
telecommunications company, or public utility property lessor, and	60390
to, the auditor of each county to which taxable value has been	60391
apportioned.	60392

The county auditor shall place the apportioned taxable value	60393
on the general tax list and duplicate of real and public utility	60394
property, and taxes shall be levied and collected thereon at the	60395
same rates and in the same manner as taxes are levied and	60396
collected on real property in the taxing district in question.	60397

Unless a petition for reassessment of an assessment has been	60398
properly filed pursuant to section 5727.47 of the Revised Code,	60399
each preliminary assessment and, if amended, each preliminary	60400
assessment as last amended shall become final ninety days after	60401
certification of the preliminary assessment or thirty days after	60402
certification of the amended preliminary assessment, whichever is	60403
later. If a petition for reassessment is properly filed, the	60404
assessment shall become final when the tax commissioner issues a	60405
final determination.	60406

Neither the certification of any preliminary or amended	60407
assessment nor the expiration of the period of time that makes any	60408
assessment final constitutes a final determination, assessment,	60409
reassessment, valuation, finding, computation, or order of the	60410
commissioner that is appealable under section 5717.02 of the	60411
Revised Code.	60412

Sec. 5727.241. (A) As used in this section:

60413

(1) "Tax otherwise due" means the tax imposed on a taxpayer	60414
under section 5727.24 of the Revised Code reduced by the total	60415
amount of all other nonrefundable credits, if any, that the	60416
taxpayer is entitled to claim.	60417

(2) "Taxpayer" means any person subject to the tax imposed by	60418
section 5727.24 of the Revised Code.	60419

(B) Upon the issuance of a tax credit certificate by the Ohio	60420
venture capital authority under section 150.07 of the Revised	60421
Code, a credit may be claimed against the tax imposed on a	60422
taxpayer under section 5727.24 of the Revised Code. The credit	60423
shall be claimed on a return due under section 5727.25 of the	60424
Revised Code after the certificate is issued by the authority.	60425

(C) If the taxpayer elected a refundable credit under section	60426
150.07 of the Revised Code and if the amount of the credit shown	60427
on the certificate does not exceed the tax otherwise due, then for	60428
the calendar year the taxpayer shall claim a refundable credit	60429
equal to the amount of the credit shown on the certificate.	60430

(D) If the taxpayer elected a refundable credit under section	60431
150.07 of the Revised Code, and if the amount of the refundable	60432
credit shown on the certificate exceeds the tax otherwise due,	60433
then for the calendar year the taxpayer shall claim a refundable	60434
credit equal to the sum of the following:	60435

(1) The amount, if any, of the tax otherwise due;

60436

(2) Seventy-five per cent of the difference between the	60437
amount of the refundable credit shown on the certificate and the	60438
tax otherwise due.	60439

(E) If the taxpayer elected a nonrefundable credit under	60440
section 150.07 of the Revised Code and if the nonrefundable credit	60441
to which the taxpayer would otherwise be entitled under this	60442
section for any calendar year is greater than the tax otherwise	60443
due, the excess shall be allowed as a nonrefundable credit in each	60444
of the ensuing ten calendar years, but the amount of any excess	60445
nonrefundable credit allowed in the ensuing calendar year shall be	60446
deducted from the balance carried forward to the next calendar	60447
year.	60448

Sec. 5727.47. (A) Notice of each assessment certified	60449
pursuant to section 5727.23 or 5727.38 of the Revised Code shall	60450
be mailed to the public utility, and its mailing shall be	60451
prima-facie evidence of its receipt by the public utility to which	60452
it is addressed. With the notice, the tax commissioner shall	60453
provide instructions on how to petition for reassessment and	60454
request a hearing on the petition. If a public utility objects to	60455
any assessment certified to it pursuant to such sections, it may	60456
file with the commissioner, either personally or by certified	60457
mail, within sixty days after the mailing of the notice of	60458
assessment a written petition for reassessment signed by the	60459
utility's authorized agent having knowledge of the facts. If the	60460
petition is filed by certified mail, the date of the United States	60461
postmark placed on the sender's receipt by the postal employee to	60462
whom the petition is presented shall be treated as the date of	60463
filing. The petition shall indicate the utility's objections, but	60464
additional objections may be raised in writing if received by the	60465
commissioner prior to the date shown on the final determination.	60466

In the case of a petition seeking a reduction in taxable	60467
value filed with respect to an assessment issued under section	60468
5727.23 of the Revised Code, the petitioner shall state in the	60469
petition the total amount of reduction in taxable value sought by	60470
the petitioner. If the petitioner objects to the percentage of	60471
true value at which taxable property is assessed by the	60472
commissioner, the petitioner shall state in the petition the total	60473
amount of reduction in taxable value sought both with and without	60474
regard to the objection pertaining to the percentage of true value	60475
at which its taxable property is assessed. If a petitioner objects	60476
to the commissioner's apportionment of the taxable value of the	60477
petitioner's taxable property, the petitioner shall distinctly	60478
state in the petition that the petitioner objects to the	60479
commissioner's apportionment, and, within forty-five days after	60480
filing the petition for reassessment, shall submit the	60481
petitioner's proposed apportionment of the taxable value of its	60482
taxable property among taxing districts. If a petitioner that	60483
objects to the commissioner's apportionment fails to state its	60484
objections to that apportionment in its petition for reassessment	60485
or fails to submit its proposed apportionment within forty-five	60486
days after filing the petition for reassessment, the commissioner	60487
shall dismiss the petitioner's objection to the commissioner's	60488
apportionment, and the taxable value of the petitioner's taxable	60489
property, subject to any adjustment to taxable value pursuant to	60490
the petition or appeal, shall be apportioned in the manner used by	60491
the commissioner in the preliminary or amended preliminary	60492
assessment issued under section 5727.23 of the Revised Code.	60493

If an additional objection seeking a reduction in taxable	60494
value in excess of the reduction stated in the original petition	60495
is properly and timely raised with respect to an assessment issued	60496
under section 5727.23 of the Revised Code, the petitioner shall	60497
state the total amount of the reduction in taxable value sought in	60498
the additional objection both with and without regard to any	60499
reduction in taxable value pertaining to the percentage of true	60500
value at which taxable property is assessed. If a petitioner fails	60501
to state the reduction in taxable value sought in the original	60502
petition or in additional objections properly raised after the	60503
petition is filed, the commissioner shall notify the petitioner of	60504
the failure by certified mail. If the petitioner fails to notify	60505
the commissioner in writing of the reduction in taxable value	60506
sought in the petition or in an additional objection within thirty	60507
days after receiving the commissioner's notice, the commissioner	60508
shall dismiss the petition or the additional objection in which	60509
that reduction is sought.	60510

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	60511
public utility filing a petition for reassessment regarding an	60512
assessment issued under section 5727.23 or 5727.38 of the Revised	60513
Code shall pay the tax with respect to the assessment objected to	60514
as required by law. The acceptance of any tax payment by the	60515
treasurer of state or any county treasurer shall not prejudice any	60516
claim for taxes on final determination by the commissioner or	60517
final decision by the board of tax appeals or any court.	60518

(2) If a public utility properly and timely files a petition	60519
for reassessment regarding an assessment issued under section	60520
5727.23 of the Revised Code, the petitioner shall pay the tax as	60521
prescribed by divisions (B)(2)(a), (b), and (c) of this section:	60522

(a) If the petitioner does not object to the commissioner's	60523
apportionment of the taxable value of the petitioner's taxable	60524
property, the petitioner is not required to pay the part of the	60525
tax otherwise due on the taxable value that the petitioner seeks	60526
to have reduced, subject to division (B)(2)(c) of this section.	60527

(b) If the petitioner objects to the commissioner's	60528
apportionment of the taxable value of the petitioner's taxable	60529
property, the petitioner is not required to pay the tax otherwise	60530
due on the part of the taxable value apportioned to any taxing	60531
district that the petitioner objects to, subject to division	60532
(B)(2)(c) of this section. If, pursuant to division (A) of this	60533
section, the petitioner has, in a proper and timely manner,	60534
apportioned taxable value to a taxing district to which the	60535
commissioner did not apportion the petitioner's taxable value, the	60536
petitioner shall pay the tax due on the taxable value that the	60537
petitioner has apportioned to the taxing district, subject to	60538
division (B)(2)(c) of this section.	60539

(c) If a petitioner objects to the percentage of true value	60540
at which taxable property is assessed by the commissioner, the	60541
petitioner shall pay the tax due on the basis of the percentage of	60542
true value at which the public utility's taxable property is	60543
assessed by the commissioner. In any case, the petitioner's	60544
payment of tax shall not be less than the amount of tax due based	60545
on the taxable value reflected on the last appeal notice issued by	60546
the commissioner under division (C) of this section. Until the	60547
county auditor receives notification under division (E) of this	60548
section and proceeds under section 5727.471 of the Revised Code to	60549
issue any refund that is found to be due, the county auditor shall	60550
not issue a refund for any increase in the reduction in taxable	60551
value that is sought by a petitioner later than forty-five days	60552
after the petitioner files the original petition as required under	60553
division (A) of this section.	60554

(3) Any part of the tax that, under division (B)(2)(a) or (b)	60555
of this section, is not paid shall be collected upon receipt of	60556
the notification as provided in section 5727.471 of the Revised	60557
Code with interest thereon computed in the same manner as interest	60558
is computed under division (E) of section 5715.19 of the Revised	60559
Code, subject to any correction of the assessment by the	60560
commissioner under division (E) of this section or the final	60561
judgment of the board of tax appeals or a court to which the	60562
board's final judgment is appealed. The penalty imposed under	60563
section 323.121 of the Revised Code shall apply only to the unpaid	60564
portion of the tax if the petitioner's tax payment is less than	60565
the amount of tax due based on the taxable value reflected on the	60566
last appeal notice issued by the commissioner under division (C)	60567
of this section.	60568

(4) For purposes of divisions (B)(1) and (B)(2)(a) and (b) of	60569
this section, the petitioner shall make a binding election along	60570
with the petition for reassessment either to pay the full amount	60571
of the taxes based on the taxable value shown on the preliminary	60572
assessment or amended preliminary assessment issued under section	60573
5727.23 of the Revised Code, or to pay an amount of taxes based on	60574
the reduced value or apportioned value shown on the appeal notice	60575
issued under division (C) of this section, subject to division	60576
(B)(2)(c) of this section.	60577

(C) Upon receipt of a properly filed petition for	60578
reassessment, the tax commissioner shall notify the treasurer of	60579
state or the auditor of each county to which the assessment	60580
objected to has been certified. In the case of a petition with	60581
respect to an assessment issued under section 5727.23 of the	60582
Revised Code, the commissioner shall issue an appeal notice within	60583
thirty days after receiving the amount of the taxable value	60584
reduction and apportionment changes sought by the petitioner in	60585
the original petition or in any additional objections properly and	60586
timely raised by the petitioner. The appeal notice shall indicate	60587
the amount of the reduction in taxable value sought in the	60588
petition or in the additional objections and the extent to which	60589
the reduction in taxable value and any change in apportionment	60590
requested by the petitioner would affect the commissioner's	60591
apportionment of the taxable value among taxing districts in the	60592
county as shown in the assessment. If a petitioner is seeking a	60593
reduction in taxable value on the basis of a lower percentage of	60594
true value than the percentage at which the commissioner assessed	60595
the petitioner's taxable property, the appeal notice shall	60596
indicate the reduction in taxable value sought by the petitioner	60597
without regard to the reduction sought on the basis of the lower	60598
percentage and shall indicate that the petitioner is required to	60599
pay tax on the reduced taxable value determined without regard to	60600
the reduction sought on the basis of a lower percentage of true	60601
value, as provided under division (B)(2)(c) of this section. The	60602
appeal notice shall include a statement that the reduced taxable	60603
value and the apportionment indicated in the notice are not final	60604
and are subject to adjustment by the commissioner or by the board	60605
of tax appeals or a court on appeal. If the commissioner finds an	60606
error in the appeal notice, the commissioner may amend the notice,	60607
but the notice is only for informational and tax payment purposes;	60608
the notice is not subject to appeal by any person. The	60609
commissioner also shall mail a copy of the appeal notice to the	60610
petitioner. Upon the request of a taxing authority, the county	60611
auditor may disclose to the taxing authority the extent to which a	60612
reduction in taxable value sought by a petitioner would affect the	60613
apportionment of taxable value to the taxing district or districts	60614
under the taxing authority's jurisdiction, but such a disclosure	60615
does not constitute a notice required by law to be given for the	60616
purpose of section 5717.02 of the Revised Code.	60617

(D) If the petitioner requests a hearing on the petition, the	60618
tax commissioner shall assign a time and place for the hearing on	60619
the petition and notify the petitioner of such time and place, but	60620
the commissioner may continue the hearing from time to time as	60621
necessary.	60622

(E) The tax commissioner may make corrections to the	60623
assessment as the commissioner finds proper. The commissioner	60624
shall serve a copy of the commissioner's final determination on	60625
the petitioner in the manner provided in section 5703.37 of the	60626
Revised Code. The commissioner's decision in the matter shall be	60627
final, subject to appeal under section 5717.02 of the Revised	60628
Code. The commissioner also shall transmit a copy of the final	60629
determination to the treasurer of state or applicable county	60630
auditor. In the absence of any further appeal, or when a decision	60631
of the board of tax appeals or of any court to which the decision	60632
has been appealed becomes final, the commissioner shall notify the	60633
public utility and, as appropriate, the treasurer of state who	60634
shall proceed under section 5727.42 of the Revised Code, or the	60635
applicable county auditor who shall proceed under section 5727.471	60636
of the Revised Code.	60637

The notification made under this division is not subject to	60638
further appeal.	60639

(F) On appeal, no adjustment shall be made in the tax	60640
commissioner's assessment issued under section 5727.23 of the	60641
Revised Code that reduces the taxable value of a petitioner's	60642
taxable property by an amount that exceeds the reduction sought by	60643
the petitioner in its petition for reassessment or in any	60644
additional objections properly and timely raised after the	60645
petition is filed with the commissioner.	60646

Sec. 5727.81. (A) For the purpose of raising revenue for	60647
public education and state and local government operations, an	60648
excise tax is hereby levied and imposed on an electric	60649
distribution company for all electricity distributed by such	60650
company ~~beginning with the measurement period that includes May 1,~~	60651
~~2001~~, at the following rates per kilowatt hour of electricity	60652
distributed in a thirty-day period by the company through a meter	60653
of an end user in this state:	60654

KILOWATT HOURS DISTRIBUTED	RATE PER	60655
TO AN END USER	KILOWATT HOUR	60656
For the first 2,000	$.~~00465~~ 00605	60657
For the next 2,001 to 15,000	$.~~00419~~ 00545	60658
For 15,001 and above	$.~~00363~~ 00472	60659

If no meter is used to measure the kilowatt hours of	60660
electricity distributed by the company, the rates shall apply to	60661
the estimated kilowatt hours of electricity distributed to an	60662
unmetered location in this state.	60663

The electric distribution company shall base the monthly tax	60664
on the kilowatt hours of electricity distributed to an end user	60665
through the meter of the end user that is not measured for a	60666
thirty-day period by dividing the days in the measurement period	60667
into the total kilowatt hours measured during the measurement	60668
period to obtain a daily average usage. The tax shall be	60669
determined by obtaining the sum of divisions (A)(1), (2), and (3)	60670
of this section and multiplying that amount by the number of days	60671
in the measurement period:	60672

(1) Multiplying $~~0.00465~~.00605 per kilowatt hour for the	60673
first sixty-seven kilowatt hours distributed using a daily	60674
average;	60675

(2) Multiplying $~~0.00419~~.00545 for the next sixty-eight to	60676
five hundred kilowatt hours distributed using a daily average;	60677

(3) Multiplying $~~0.00363~~.00472 for the remaining kilowatt	60678
hours distributed using a daily average.	60679

~~Until January 1, 2003, except as provided in division (C) of~~	60680
~~this section, the electric distribution company shall pay the tax~~	60681
~~to the treasurer of state in accordance with section 5727.82 of~~	60682
~~the Revised Code. Beginning January 1, 2003, except~~Except as	60683
provided in division (C) of this section, the electric	60684
distribution company shall pay the tax to the tax commissioner in	60685
accordance with section 5727.82 of the Revised Code, unless	60686
required to remit each tax payment by electronic funds transfer to	60687
the treasurer of state in accordance with section 5727.83 of the	60688
Revised Code.	60689

Only the distribution of electricity through a meter of an	60690
end user in this state shall be used by the electric distribution	60691
company to compute the amount or estimated amount of tax due. In	60692
the event a meter is not actually read for a measurement period,	60693
the estimated kilowatt hours distributed by an electric	60694
distribution company to bill for its distribution charges shall be	60695
used.	60696

(B) Except as provided in division (C) of this section, each	60697
electric distribution company shall pay the tax imposed by this	60698
section in all of the following circumstances:	60699

(1) The electricity is distributed by the company through a	60700
meter of an end user in this state;	60701

(2) The company is distributing electricity through a meter	60702
located in another state, but the electricity is consumed in this	60703
state in the manner prescribed by the tax commissioner;	60704

(3) The company is distributing electricity in this state	60705
without the use of a meter, but the electricity is consumed in	60706
this state as estimated and in the manner prescribed by the tax	60707
commissioner.	60708

(C)(1) As used in division (C) of this section:

60709

(a) "Total price of electricity" means the aggregate value in	60710
money of anything paid or transferred, or promised to be paid or	60711
transferred, to obtain electricity or electric service, including	60712
but not limited to the value paid or promised to be paid for the	60713
transmission or distribution of electricity and for transition	60714
costs as described in Chapter 4928. of the Revised Code.	60715

(b) "Package" means the provision or the acquisition, at a	60716
combined price, of electricity with other services or products, or	60717
any combination thereof, such as natural gas or other fuels;	60718
energy management products, software, and services; machinery and	60719
equipment acquisition; and financing agreements.	60720

(c) "Single location" means a facility located on contiguous	60721
property separated only by a roadway, railway, or waterway.	60722

(2) Division (C) of this section applies to any commercial or	60723
industrial purchaser's receipt of electricity through a meter of	60724
an end user in this state or through more than one meter at a	60725
single location in this state in a quantity that exceeds	60726
forty-five million kilowatt hours of electricity over the course	60727
of the preceding calendar year, or any commercial or industrial	60728
purchaser that will consume more than forty-five million kilowatt	60729
hours of electricity over the course of the succeeding twelve	60730
months as estimated by the tax commissioner. The tax commissioner	60731
shall make such an estimate upon the written request byof an	60732
applicant for registration as a self-assessing purchaser under	60733
this division. Such a purchaser may elect to self-assess the	60734
excise tax imposed by this section at the rate of $.00075 per	60735
kilowatt hour on the first five hundred four million kilowatt	60736
hours distributed to that meter or location during the	60737
registration year, and ~~four~~five per cent of the total price of	60738
all electricity distributed to that meter or location. A qualified	60739
end user that receives electricity through a meter of an end user	60740
in this state or through more than one meter at a single location	60741
in this state and that consumes, over the course of the previous	60742
calendar year, more than forty-five million kilowatt hours in	60743
other than its qualifying manufacturing process, may elect to	60744
self-assess the tax as allowed by this division with respect to	60745
the electricity used in other than its qualifying manufacturing	60746
process. ~~Until January 1, 2003, payment of the tax shall be made~~	60747
~~directly to the treasurer of state in accordance with divisions~~	60748
~~(A)(4) and (5) of section 5727.82 of the Revised Code. Beginning~~	60749
~~January 1, 2003, payment~~The tax due from a self-assessing	60750
purchaser under this division shall be the tax as assessed under	60751
this division less any credit allowed under section 5727.812 of	60752
the Revised Code.	60753

Payment of the tax shall be made directly to the tax	60754
commissioner in accordance with divisions (A)(4) and (5) of	60755
section 5727.82 of the Revised Code, or the treasurer of state in	60756
accordance with section 5727.83 of the Revised Code. If the	60757
electric distribution company serving the self-assessing purchaser	60758
is a municipal electric utility and the purchaser is within the	60759
municipal corporation's corporate limits, payment of the portion	60760
of the tax described in division (A)(3)(a) of section 5727.82 of	60761
the Revised Code shall be made to such municipal corporation's	60762
general fund and reports shall be filed in accordance with	60763
divisions (A)(4) and (5) of section 5727.82 of the Revised Code,	60764
except that "municipal corporation" shall be substituted for	60765
"treasurer of state" and "tax commissioner." The remainder of the	60766
tax shall be paid directly to the tax commissioner in accordance	60767
with divisions (A)(4) and (5) of section 5727.82 of the Revised	60768
Code, or the treasurer of state in accordance with section 5727.83	60769
of the Revised Code. A self-assessing purchaser that pays the	60770
excise tax as provided in this division shall not be required to	60771
pay the tax to the electric distribution company from which its	60772
electricity is distributed. If a self-assessing purchaser's	60773
receipt of electricity is not subject to the tax as measured under	60774
this division, the tax on the receipt of such electricity shall be	60775
measured and paid as provided in division (A) of this section.	60776

(3) In the case of the acquisition of a package, unless the	60777
elements of the package are separately stated isolating the total	60778
price of electricity from the price of the remaining elements of	60779
the package, the tax imposed under this section applies to the	60780
entire price of the package. If the elements of the package are	60781
separately stated, the tax imposed under this section applies to	60782
the total price of the electricity.	60783

(4) Any electric supplier that sells electricity as part of a	60784
package shall separately state to the purchaser the total price of	60785
the electricity and, upon request by the tax commissioner, the	60786
total price of each of the other elements of the package.	60787

(5) The tax commissioner may adopt rules relating to the	60788
computation of the total price of electricity with respect to	60789
self-assessing purchasers, which may include rules to establish	60790
the total price of electricity purchased as part of a package.	60791

(6) An annual application for registration as a	60792
self-assessing purchaser shall be made for each qualifying meter	60793
or location on a form prescribed by the tax commissioner. The	60794
registration year begins on the first day of May and ends on the	60795
following thirtieth day of April. Persons may apply after the	60796
first day of May for the remainder of the registration year. In	60797
the case of an applicant applying on the basis of an estimated	60798
consumption of forty-five million kilowatt hours over the course	60799
of the succeeding twelve months, the applicant shall provide such	60800
information as the tax commissioner considers to be necessary to	60801
estimate such consumption. At the time of making the application	60802
and by the first day of May of each year, ~~excluding May 1, 2000,~~ a	60803
self-assessing purchaser shall pay a fee of five hundred dollars	60804
to the tax commissioner, or to the treasurer of state as provided	60805
in section 5727.83 of the Revised Code, for each qualifying meter	60806
or location. The tax commissioner shall immediately pay to the	60807
treasurer of state all amounts that the tax commissioner receives	60808
under this section. The treasurer of state shall deposit such	60809
amounts into the kilowatt hour excise tax administration fund,	60810
which is hereby created in the state treasury. Money in the fund	60811
shall be used to defray the tax commissioner's cost in	60812
administering the tax owed under section 5727.81 of the Revised	60813
Code by self-assessing purchasers. After the application is	60814
approved by the tax commissioner, the registration shall remain in	60815
effect for the current registration year, or until canceled by the	60816
registrant upon written notification to the commissioner of the	60817
election to pay the tax in accordance with division (A) of this	60818
section, or until canceled by the tax commissioner for not paying	60819
the tax or fee under division (C) of this section or for not	60820
meeting the qualifications in division (C)(2) of this section. The	60821
tax commissioner shall give written notice to the electric	60822
distribution company from which electricity is delivered to a	60823
self-assessing purchaser of the purchaser's self-assessing status,	60824
and the electric distribution company is relieved of the	60825
obligation to pay the tax imposed by division (A) of this section	60826
for electricity distributed to that self-assessing purchaser until	60827
it is notified by the tax commissioner that the self-assessing	60828
purchaser's registration is canceled. Within fifteen days of	60829
notification of the canceled registration, the electric	60830
distribution company shall be responsible for payment of the tax	60831
imposed by division (A) of this section on electricity distributed	60832
to a purchaser that is no longer registered as a self-assessing	60833
purchaser. A self-assessing purchaser with a canceled registration	60834
must file a report and remit the tax imposed by division (A) of	60835
this section on all electricity it receives for any measurement	60836
period prior to the tax being reported and paid by the electric	60837
distribution company. A self-assessing purchaser whose	60838
registration is canceled by the tax commissioner is not eligible	60839
to register as a self-assessing purchaser for two years after the	60840
registration is canceled.	60841

(7) If the tax commissioner cancels the self-assessing	60842
registration of a purchaser registered on the basis of its	60843
estimated consumption because the purchaser does not consume at	60844
least forty-five million kilowatt hours of electricity over the	60845
course of the twelve-month period for which the estimate was made,	60846
the tax commissioner shall assess and collect from the purchaser	60847
the difference between (a) the amount of tax that would have been	60848
payable under division (A) of this section on the electricity	60849
distributed to the purchaser during that period, and (b) the	60850
amount of tax paid by the purchaser on such electricity pursuant	60851
to division (C)(2)(a) of this section plus any credit the	60852
purchaser was entitled to during that period under section	60853
5727.812 of the Revised Code. The assessment shall be paid within	60854
sixty days after the tax commissioner issues it, regardless of	60855
whether the purchaser files a petition for reassessment under	60856
section 5727.89 of the Revised Code covering that period. If the	60857
purchaser does not pay the assessment within the time prescribed,	60858
the amount assessed is subject to the additional charge and the	60859
interest prescribed by divisions (B) and (C) of section 5727.82 of	60860
the Revised Code, and is subject to assessment under section	60861
5727.89 of the Revised Code. If the purchaser is a qualified end	60862
user, division (C)(7) of this section applies only to electricity	60863
it consumes in other than its qualifying manufacturing process.	60864

(D) The tax imposed by this section does not apply to the	60865
distribution of any kilowatt hours of electricity to the federal	60866
government, to an end user located at a federal facility that uses	60867
electricity for the enrichment of uranium, to a qualified	60868
regeneration meter, or to an end user for any day the end user is	60869
a qualified end user. The exemption under this division for a	60870
qualified end user only applies to the manufacturing location	60871
where the qualified end user uses more than three million kilowatt	60872
hours per day in a qualifying manufacturing process.	60873

Sec. 5727.812. (A) As used in this section:

60874

(1) "Baseline revenue" means the total amount of tax imposed	60875
on self-assessing purchasers under division (C) of section 5727.81	60876
of the Revised Code during the twelve-month period from July 1,	60877
2004, through June 30, 2005.	60878

(2) "Consumer price index" means the consumer price index for	60879
all urban consumers (United States city average, all items)	60880
prepared by the United States department of labor, bureau of labor	60881
statistics.	60882

(3) "Inflation-adjusted baseline revenue" means baseline	60883
revenue multiplied by (a) the consumer price index for May of the	60884
year in which the tax commissioner makes the determination under	60885
division (C)(3) of this section divided by (b) the consumer price	60886
index for June 2005.	60887

(4) "Threshold revenue" means, for any fiscal year, the sum	60888
of inflation-adjusted baseline revenue and ten million dollars.	60889

(B) On or before September 1, 2006, the tax commissioner	60890
shall determine the baseline revenue.	60891

(C) On or before the first day of September each year	60892
beginning in 2006, the tax commissioner shall:	60893

(1) Compute the threshold revenue for the preceding fiscal	60894
year;	60895

(2) Determine the amount of taxes imposed on self-assessing	60896
purchasers under division (C) of section 5727.81 of the Revised	60897
Code during the preceding fiscal year;	60898

(3) Compute the amount, if any, by which the amount of taxes	60899
determined under division (C)(2) of this section exceeds the	60900
threshold revenue computed under division (C)(1) of this section;	60901
and	60902

(4) Compute the percentage that the excess amount, if any,	60903
computed under division (C)(3) of this section is of the threshold	60904
revenue.	60905

(D) A credit shall be applied against the tax due from each	60906
self-assessing purchaser under division (C) of section 5727.81 of	60907
the Revised Code. The credit shall equal the percentage computed	60908
under division (C)(4) of this section multiplied by the amount of	60909
tax due and paid from the self-assessing purchaser for the	60910
twelve-month period from July of the preceding year through June	60911
of the current year. The credit shall be applied by subtracting	60912
one-twelfth of that amount from the amount of tax due from the	60913
self-assessing purchaser for each month from the October following	60914
the computation through the following September.	60915

(E) Upon making the determinations and computations under	60916
division (C) of this section, the tax commissioner shall notify	60917
each self-assessing purchaser entitled to the credit of the amount	60918
of the credit and the amount that may be applied against the tax	60919
each month, and shall certify the amounts and percentage computed	60920
or determined under division (C) of this section to the speaker	60921
and minority leader of the house of representatives, to the	60922
president and minority leader of the senate, and to the	60923
chairperson and ranking members of the committees of each chamber	60924
dealing principally with appropriations and principally with	60925
taxation.	60926

(F) If a person is entitled to a credit under division (D) of	60927
this section but the person's registration as a self-assessing	60928
purchaser is canceled during the registration year or terminates	60929
at the end of a registration year before the person recovers the	60930
entire amount of the person's credit, the person shall receive a	60931
refund of the balance of the credit amount the person does not	60932
receive because of the cancellation or termination. Within sixty	60933
days after such cancellation or termination, the tax commissioner	60934
shall determine the amount of the refund to which such a person is	60935
entitled. The tax commissioner shall transmit the amount of the	60936
credit to the treasurer of state, who, within thirty days of such	60937
transmission, shall issue a warrant on the state treasury to the	60938
person entitled to the credit. Refunds are payable from the	60939
general revenue fund.	60940

Sec. 5727.82. (A)(1) Except as provided in divisions (A)(3)	60941
and (D) of this section, by the twentieth day of each month, each	60942
electric distribution company required to pay the tax imposed by	60943
section 5727.81 of the Revised Code shall file with the tax	60944
commissioner a return as prescribed by the tax commissioner and	60945
shall make payment of the full amount of tax due for the preceding	60946
month. The first payment of this tax shall be made on or before	60947
June 20, 2001. The electric distribution company shall make	60948
payment to the tax commissioner unless required to remit each tax	60949
payment by electronic funds transfer to the treasurer of state as	60950
provided in section 5727.83 of the Revised Code.	60951

(2) By the twentieth day of May, August, November, and	60952
February, each natural gas distribution company required to pay	60953
the tax imposed by section 5727.811 of the Revised Code shall file	60954
with the tax commissioner a return as prescribed by the tax	60955
commissioner and shall make payment to the tax commissioner, or to	60956
the treasurer of state as provided in section 5727.83 of the	60957
Revised Code, of the full amount of tax due for the preceding	60958
quarter. The first payment of this tax shall be made on or before	60959
November 20, 2001, for the quarter ending September 30, 2001.	60960

(3)(a) If the electric distribution company required to pay	60961
the tax imposed by section 5727.81 of the Revised Code is a	60962
municipal electric utility, it may retain in its general fund that	60963
portion of the tax on the kilowatt hours distributed to end users	60964
located within the boundaries of the municipal corporation, but	60965
only that portion of the tax that was imposed by division (A) or	60966
(C)(2) of section 5727.81 of the Revised Code as those divisions	60967
existed prior to their amendment by H.B. 66 of the 126th general	60968
assembly. ~~However, the~~	60969

(b) The municipal electric utility shall make payment in	60970
accordance with division (A)(1) of this section of the tax due on	60971
the kilowatt hours distributed to end users located outside the	60972
boundaries of the municipal corporation, and of the remainder of	60973
the tax due under division (A)(3)(a) of this section that was not	60974
retained in the general fund of the municipal electric utility.	60975

(4) By the twentieth day of each month, each self-assessing	60976
purchaser that under division (C) of section 5727.81 of the	60977
Revised Code pays directly to the tax commissioner or the	60978
treasurer of state the tax imposed by section 5727.81 of the	60979
Revised Code shall file with the tax commissioner a return as	60980
prescribed by the tax commissioner and shall make payment of the	60981
full amount of the tax due for the preceding month less any credit	60982
allowed by section 5727.812 of the Revised Code.	60983

(5) As prescribed by the tax commissioner, a return shall be	60984
signed by the company or self-assessing purchaser required to file	60985
it, or an authorized employee, officer, or agent of the company or	60986
purchaser. The return shall be deemed filed when received by the	60987
tax commissioner.	60988

(B) Any natural gas distribution company, electric	60989
distribution company, or self-assessing purchaser required by this	60990
section to file a return who fails to file it and pay the tax	60991
within the period prescribed shall pay an additional charge of	60992
fifty dollars or ten per cent of the tax required to be paid for	60993
the reporting period, whichever is greater. The tax commissioner	60994
may collect the additional charge by assessment pursuant to	60995
section 5727.89 of the Revised Code. The commissioner may abate	60996
all or a portion of the additional charge and may adopt rules	60997
governing such abatements.	60998

(C) If any tax due is not paid timely in accordance with this	60999
section, the natural gas distribution company, electric	61000
distribution company, or self-assessing purchaser liable for the	61001
tax shall pay interest, calculated at the rate per annum	61002
prescribed by section 5703.47 of the Revised Code, from the date	61003
the tax payment was due to the date of payment or to the date an	61004
assessment is issued, whichever occurs first. Interest shall be	61005
paid in the same manner as the tax, and the commissioner may	61006
collect the interest by assessment pursuant to section 5727.89 of	61007
the Revised Code.	61008

(D) Not later than the tenth day of each month, a qualified	61009
end user not making the election to self-assess under division (C)	61010
of section 5727.81 of the Revised Code shall report in writing to	61011
the electric distribution company that distributes electricity to	61012
the end user the kilowatt hours that were consumed as a qualified	61013
end user in a qualifying manufacturing process for the prior month	61014
and the number of days, if any, on which the end user was not a	61015
qualified end user. For each calendar day during that month, a	61016
qualified end user shall report the kilowatt hours that were not	61017
used in a qualifying manufacturing process. For each calendar day	61018
the end user was not a qualified end user, the end user shall	61019
report in writing to the electric distribution company the total	61020
number of kilowatt hours used on that day, and the electric	61021
distribution company shall pay the tax imposed under section	61022
5727.81 of the Revised Code on each kilowatt hour that was not	61023
distributed to a qualified end user in a qualifying manufacturing	61024
process. The electric distribution company may rely in good faith	61025
on a qualified end user's report filed under this division. If it	61026
is determined that the end user was not a qualified end user for	61027
any calendar day or the quantity of electricity used by the	61028
qualified end user in a qualifying manufacturing process was	61029
overstated, the tax commissioner shall assess and collect any tax	61030
imposed under section 5727.81 of the Revised Code directly from	61031
the qualified end user. As requested by the commissioner, each end	61032
user reporting to an electric distribution company that it is a	61033
qualified end user shall provide documentation to the commissioner	61034
that establishes the volume of electricity consumed daily by the	61035
qualified end user and the total number of kilowatt hours consumed	61036
in a qualifying manufacturing process.	61037

(E) The tax commissioner shall immediately pay to the	61038
treasurer of state all amounts that the tax commissioner receives	61039
under this section. The treasurer of state shall credit such	61040
amounts in accordance with this chapter.	61041

Sec. 5727.84. (A) As used in this section and sections	61042
5727.85, 5727.86, and 5727.87 of the Revised Code:	61043

(1) "School district" means a city, local, or exempted	61044
village school district.	61045

(2) "Joint vocational school district" means a joint	61046
vocational school district created under section 3311.16 of the	61047
Revised Code, and includes a cooperative education school district	61048
created under section 3311.52 or 3311.521 of the Revised Code and	61049
a county school financing district created under section 3311.50	61050
of the Revised Code.	61051

(3) "Local taxing unit" means a subdivision or taxing unit,	61052
as defined in section 5705.01 of the Revised Code, a park district	61053
created under Chapter 1545. of the Revised Code, or a township	61054
park district established under section 511.23 of the Revised	61055
Code, but excludes school districts and joint vocational school	61056
districts.	61057

(4) "State education aid" means the sum of state aid amounts	61058
computed for a school district or joint vocational school district	61059
under Chapter 3317. of the Revised Code.	61060

(5) "State education aid offset" means the amount determined	61061
for each school district or joint vocational school district under	61062
division (A)(1) of section 5727.85 of the Revised Code.	61063

(6) "Recognized valuation" has the same meaning as in section	61064
3317.02 of the Revised Code.	61065

(7) "Electric company tax value loss" means the amount	61066
determined under division (D) of this section.	61067

(8) "Natural gas company tax value loss" means the amount	61068
determined under division (E) of this section.	61069

(9) "Tax value loss" means the sum of the electric company	61070
tax value loss and the natural gas company tax value loss.	61071

(10) "Fixed-rate levy" means any tax levied on property other	61072
than a fixed-sum levy.	61073

(11) "Fixed-rate levy loss" means the amount determined under	61074
division (G) of this section.	61075

(12) "Fixed-sum levy" means a tax levied on property at	61076
whatever rate is required to produce a specified amount of tax	61077
money or levied in excess of the ten-mill limitation to pay debt	61078
charges, and includes school district emergency levies imposed	61079
pursuant to section 5705.194 of the Revised Code.	61080

(13) "Fixed-sum levy loss" means the amount determined under	61081
division (H) of this section.	61082

(14) "Consumer price index" means the consumer price index	61083
(all items, all urban consumers) prepared by the bureau of labor	61084
statistics of the United States department of labor.	61085

(B) The kilowatt-hour tax receipts fund is hereby created in	61086
the state treasury and shall consist of money arising from the tax	61087
imposed by section 5727.81 of the Revised Code. ~~All~~Beginning	61088
August 1, 2005, all money in the kilowatt-hour tax receipts fund	61089
shall be credited as follows:	61090

(1) ~~Fifty-nine~~Sixty-nine and ~~nine~~two hundred ~~seventy-six~~	61091
thirteen one-thousandths per cent, shall be credited to the	61092
general revenue fund.	61093

(2) Two and ~~six hundred forty-six~~thirty-five one-thousandths	61094
per cent shall be credited to the local government fund, for	61095
distribution in accordance with section 5747.50 of the Revised	61096
Code.	61097

(3) ~~Three~~Two hundred ~~seventy-eight~~ninety-one	61098
one-thousandths per cent shall be credited to the local government	61099
revenue assistance fund, for distribution in accordance with	61100
section 5747.61 of the Revised Code.	61101

(4) ~~Twenty-five~~Nineteen and ~~four-tenths~~five hundred	61102
thirty-eight one-thousandths per cent shall be credited to the	61103
school district property tax replacement fund, which is hereby	61104
created in the state treasury for the purpose of making the	61105
payments described in section 5727.85 of the Revised Code.	61106

(5) ~~Eleven~~Eight and ~~six-tenths~~nine hundred twenty-three	61107
one-thousandths per cent shall be credited to the local government	61108
property tax replacement fund, which is hereby created in the	61109
state treasury for the purpose of making the payments described in	61110
section 5727.86 of the Revised Code.	61111

~~(6) In fiscal years 2002, 2003, 2004, 2005, and 2006, if the~~	61112
~~revenue arising from the tax levied by section 5727.81 of the~~	61113
~~Revised Code is less than five hundred fifty-two million dollars,~~	61114
~~the amount credited to the general revenue fund under division~~	61115
~~(B)(1) of this section shall be reduced by the amount necessary to~~	61116
~~credit to each of the funds in divisions (B)(2) and (3) of this~~	61117
~~section the amount it would have received if the tax did raise~~	61118
~~five hundred fifty-two million dollars for that fiscal year. The~~	61119
~~tax commissioner shall certify to the director of budget and~~	61120
~~management the amounts that shall be credited under this division.~~	61121

~~(7) Beginning in fiscal year 2007, if the revenue arising~~	61122
~~from the tax levied by section 5727.81 of the Revised Code is less~~	61123
~~than five hundred fifty-two million dollars, the amount credited~~	61124
~~to the general revenue fund under division (B)(1) of this section~~	61125
~~shall be reduced by the amount necessary to credit to each of the~~	61126
~~funds in divisions (B)(2), (3), (4), and (5) of this section the~~	61127
~~amount that it would have received if the tax did raise five~~	61128
~~hundred fifty-two million dollars for that fiscal year. The tax~~	61129
~~commissioner shall certify to the director of budget and~~	61130
~~management the amounts to be credited under division (B)(7) of~~	61131
~~this section.~~	61132

(C) The natural gas tax receipts fund is hereby created in	61133
the state treasury and shall consist of money arising from the tax	61134
imposed by section 5727.811 of the Revised Code. All money in the	61135
fund shall be credited as follows:	61136

(1) Sixty-eight and seven-tenths per cent shall be credited	61137
to the school district property tax replacement fund for the	61138
purpose of making the payments described in section 5727.85 of the	61139
Revised Code.	61140

(2) Thirty-one and three-tenths per cent shall be credited to	61141
the local government property tax replacement fund for the purpose	61142
of making the payments described in section 5727.86 of the Revised	61143
Code.	61144

~~(3) Beginning in fiscal year 2007, if the revenue arising~~	61145
~~from the tax levied by section 5727.811 of the Revised Code is~~	61146
~~less than ninety million dollars, an amount equal to the~~	61147
~~difference between the amount collected and ninety million dollars~~	61148
~~shall be transferred from the general revenue fund to each of the~~	61149
~~funds in divisions (C)(1) and (2) of this section in the same~~	61150
~~percentages as if that amount had been collected as taxes under~~	61151
~~section 5727.811 of the Revised Code. The tax commissioner shall~~	61152
~~certify to the director of budget and management the amounts that~~	61153
~~shall be transferred under this division.~~	61154

(D) Not later than January 1, 2002, the tax commissioner	61155
shall determine for each taxing district its electric company tax	61156
value loss, which is the sum of the applicable amounts described	61157
in divisions (D)(1) to (3) of this section:	61158

(1) The difference obtained by subtracting the amount	61159
described in division (D)(1)(b) from the amount described in	61160
division (D)(1)(a) of this section.	61161

(a) The value of electric company and rural electric company	61162
tangible personal property as assessed by the tax commissioner for	61163
tax year 1998 on a preliminary assessment, or an amended	61164
preliminary assessment if issued prior to March 1, 1999, and as	61165
apportioned to the taxing district for tax year 1998;	61166

(b) The value of electric company and rural electric company	61167
tangible personal property as assessed by the tax commissioner for	61168
tax year 1998 had the property been apportioned to the taxing	61169
district for tax year 2001, and assessed at the rates in effect	61170
for tax year 2001.	61171

(2) The difference obtained by subtracting the amount	61172
described in division (D)(2)(b) from the amount described in	61173
division (D)(2)(a) of this section.	61174

(a) The three-year average for tax years 1996, 1997, and 1998	61175
of the assessed value from nuclear fuel materials and assemblies	61176
assessed against a person under Chapter 5711. of the Revised Code	61177
from the leasing of them to an electric company for those	61178
respective tax years, as reflected in the preliminary assessments;	61179

(b) The three-year average assessed value from nuclear fuel	61180
materials and assemblies assessed under division (D)(2)(a) of this	61181
section for tax years 1996, 1997, and 1998, as reflected in the	61182
preliminary assessments, using an assessment rate of twenty-five	61183
per cent.	61184

(3) In the case of a taxing district having a nuclear power	61185
plant within its territory, any amount, resulting in an electric	61186
company tax value loss, obtained by subtracting the amount	61187
described in division (D)(1) of this section from the difference	61188
obtained by subtracting the amount described in division (D)(3)(b)	61189
of this section from the amount described in division (D)(3)(a) of	61190
this section.	61191

(a) The value of electric company tangible personal property	61192
as assessed by the tax commissioner for tax year 2000 on a	61193
preliminary assessment, or an amended preliminary assessment if	61194
issued prior to March 1, 2001, and as apportioned to the taxing	61195
district for tax year 2000;	61196

(b) The value of electric company tangible personal property	61197
as assessed by the tax commissioner for tax year 2001 on a	61198
preliminary assessment, or an amended preliminary assessment if	61199
issued prior to March 1, 2002, and as apportioned to the taxing	61200
district for tax year 2001.	61201

(E) Not later than January 1, 2002, the tax commissioner	61202
shall determine for each taxing district its natural gas company	61203
tax value loss, which is the sum of the amounts described in	61204
divisions (E)(1) and (2) of this section:	61205

(1) The difference obtained by subtracting the amount	61206
described in division (E)(1)(b) from the amount described in	61207
division (E)(1)(a) of this section.	61208

(a) The value of all natural gas company tangible personal	61209
property, other than property described in division (E)(2) of this	61210
section, as assessed by the tax commissioner for tax year 1999 on	61211
a preliminary assessment, or an amended preliminary assessment if	61212
issued prior to March 1, 2000, and apportioned to the taxing	61213
district for tax year 1999;	61214

(b) The value of all natural gas company tangible personal	61215
property, other than property described in division (E)(2) of this	61216
section, as assessed by the tax commissioner for tax year 1999 had	61217
the property been apportioned to the taxing district for tax year	61218
2001, and assessed at the rates in effect for tax year 2001.	61219

(2) The difference in the value of current gas obtained by	61220
subtracting the amount described in division (E)(2)(b) from the	61221
amount described in division (E)(2)(a) of this section.	61222

(a) The three-year average assessed value of current gas as	61223
assessed by the tax commissioner for tax years 1997, 1998, and	61224
1999 on a preliminary assessment, or an amended preliminary	61225
assessment if issued prior to March 1, 2001, and as apportioned in	61226
the taxing district for those respective years;	61227

(b) The three-year average assessed value from current gas	61228
under division (E)(2)(a) of this section for tax years 1997, 1998,	61229
and 1999, as reflected in the preliminary assessment, using an	61230
assessment rate of twenty-five per cent.	61231

(F) The tax commissioner may request that natural gas	61232
companies, electric companies, and rural electric companies file a	61233
report to help determine the tax value loss under divisions (D)	61234
and (E) of this section. The report shall be filed within thirty	61235
days of the commissioner's request. A company that fails to file	61236
the report or does not timely file the report is subject to the	61237
penalty in section 5727.60 of the Revised Code.	61238

(G) Not later than January 1, 2002, the tax commissioner	61239
shall determine for each school district, joint vocational school	61240
district, and local taxing unit its fixed-rate levy loss, which is	61241
the sum of its electric company tax value loss multiplied by the	61242
tax rate in effect in tax year 1998 for fixed-rate levies and its	61243
natural gas company tax value loss multiplied by the tax rate in	61244
effect in tax year 1999 for fixed-rate levies.	61245

(H) Not later than January 1, 2002, the tax commissioner	61246
shall determine for each school district, joint vocational school	61247
district, and local taxing unit its fixed-sum levy loss, which is	61248
the amount obtained by subtracting the amount described in	61249
division (H)(2) of this section from the amount described in	61250
division (H)(1) of this section:	61251

(1) The sum of the electric company tax value loss multiplied	61252
by the tax rate in effect in tax year 1998, and the natural gas	61253
company tax value loss multiplied by the tax rate in effect in tax	61254
year 1999, for fixed-sum levies for all taxing districts within	61255
each school district, joint vocational school district, and local	61256
taxing unit. For the years 2002 through 2006, this computation	61257
shall include school district emergency levies that existed in	61258
1998 in the case of the electric company tax value loss, and 1999	61259
in the case of the natural gas company tax value loss, and all	61260
other fixed-sum levies that existed in 1998 in the case of the	61261
electric company tax value loss and 1999 in the case of the	61262
natural gas company tax value loss and continue to be charged in	61263
the tax year preceding the distribution year. For the years 2007	61264
through 2016 in the case of school district emergency levies, and	61265
for all years after 2006 in the case of all other fixed-sum	61266
levies, this computation shall exclude all fixed-sum levies that	61267
existed in 1998 in the case of the electric company tax value loss	61268
and 1999 in the case of the natural gas company tax value loss,	61269
but are no longer in effect in the tax year preceding the	61270
distribution year. For the purposes of this section, an emergency	61271
levy that existed in 1998 in the case of the electric company tax	61272
value loss, and 1999 in the case of the natural gas company tax	61273
value loss, continues to exist in a year beginning on or after	61274
January 1, 2007, but before January 1, 2017, if, in that year, the	61275
board of education levies a school district emergency levy for an	61276
annual sum at least equal to the annual sum levied by the board in	61277
tax year 1998 or 1999, respectively, less the amount of the	61278
payment certified under this division for 2002.	61279

(2) The total taxable value in tax year 1999 less the tax	61280
value loss in each school district, joint vocational school	61281
district, and local taxing unit multiplied by one-fourth of one	61282
mill.	61283

If the amount computed under division (H) of this section for	61284
any school district, joint vocational school district, or local	61285
taxing unit is greater than zero, that amount shall equal the	61286
fixed-sum levy loss reimbursed pursuant to division (E) of section	61287
5727.85 of the Revised Code or division (A)(2) of section 5727.86	61288
of the Revised Code, and the one-fourth of one mill that is	61289
subtracted under division (H)(2) of this section shall be	61290
apportioned among all contributing fixed-sum levies in the	61291
proportion of each levy to the sum of all fixed-sum levies within	61292
each school district, joint vocational school district, or local	61293
taxing unit.	61294

(I) Notwithstanding divisions (D), (E), (G), and (H) of this	61295
section, in computing the tax value loss, fixed-rate levy loss,	61296
and fixed-sum levy loss, the tax commissioner shall use the	61297
greater of the 1998 tax rate or the 1999 tax rate in the case of	61298
levy losses associated with the electric company tax value loss,	61299
but the 1999 tax rate shall not include for this purpose any tax	61300
levy approved by the voters after June 30, 1999, and the tax	61301
commissioner shall use the greater of the 1999 or the 2000 tax	61302
rate in the case of levy losses associated with the natural gas	61303
company tax value loss.	61304

(J) Not later than January 1, 2002, the tax commissioner	61305
shall certify to the department of education the tax value loss	61306
determined under divisions (D) and (E) of this section for each	61307
taxing district, the fixed-rate levy loss calculated under	61308
division (G) of this section, and the fixed-sum levy loss	61309
calculated under division (H) of this section. The calculations	61310
under divisions (G) and (H) of this section shall separately	61311
display the levy loss for each levy eligible for reimbursement.	61312

(K) Not later than September 1, 2001, the tax commissioner	61313
shall certify the amount of the fixed-sum levy loss to the county	61314
auditor of each county in which a school district with a fixed-sum	61315
levy loss has territory.	61316

Sec. 5727.85. (A) By the thirty-first day of July of each	61317
year, beginning in 2002 and ending in 2016, the department of	61318
education shall determine the following for each school district	61319
and each joint vocational school district eligible for payment	61320
under division (C) or (D) of this section:	61321

(1) The state education aid offset, which is the difference	61322
obtained by subtracting the amount described in division (A)(1)(b)	61323
of this section from the amount described in division (A)(1)(a) of	61324
this section:	61325

(a) The state education aid computed for the school district	61326
or joint vocational school district for the current fiscal year as	61327
of the thirty-first day of July;	61328

(b) The state education aid that would be computed for the	61329
school district or joint vocational school district for the	61330
current fiscal year as of the thirty-first day of July if the	61331
recognized valuation included the tax value loss for the school	61332
district or joint vocational school district.	61333

(2) The greater of zero or the difference obtained by	61334
subtracting the state education aid offset determined under	61335
division (A)(1) of this section from the fixed-rate levy loss	61336
certified under division (J) of section 5727.84 of the Revised	61337
Code for all taxing districts in each school district and joint	61338
vocational school district.	61339

By the fifth day of August of each such year, the department	61340
of education shall certify the amount so determined under division	61341
(A)(1) of this section to the director of budget and management.	61342

(B) Not later than the thirty-first day of October of the	61343
years 2006 through 2016, the department of education shall	61344
determine all of the following for each school district:	61345

(1) The amount obtained by subtracting the district's state	61346
education aid computed for fiscal year 2002 from the district's	61347
state education aid computed for the current fiscal year;	61348

(2) The inflation-adjusted property tax loss. The	61349
inflation-adjusted property tax loss equals the fixed-rate levy	61350
loss, excluding the tax loss from levies within the ten-mill	61351
limitation to pay debt charges, determined under division (G) of	61352
section 5727.84 of the Revised Code for all taxing districts in	61353
each school district, plus the product obtained by multiplying	61354
that loss by the cumulative percentage increase in the consumer	61355
price index from January 1, 2002, to the thirtieth day of June of	61356
the current year.	61357

(3) The difference obtained by subtracting the amount	61358
computed under division (B)(1) from the amount of the	61359
inflation-adjusted property tax loss. If this difference is zero	61360
or a negative number, no further payments shall be made under	61361
division (C) of this section to the school district from the	61362
school district property tax replacement fund.	61363

(C) The department of education shall pay from the school	61364
district property tax replacement fund to each school district all	61365
of the following:	61366

(1) In February 2002, one-half of the fixed-rate levy loss	61367
certified under division (J) of section 5727.84 of the Revised	61368
Code between the twenty-first and twenty-eighth days of February.	61369

(2) From August 2002 through August 2006, one-half of the	61370
amount calculated for that fiscal year under division (A)(2) of	61371
this section between the twenty-first and twenty-eighth days of	61372
August and of February.	61373

(3) From February 2007 through August 2016, one-half of the	61374
amount calculated for that calendar year under division (B)(3) of	61375
this section between the twenty-first and twenty-eighth days of	61376
August and of February.	61377

(4) For taxes levied within the ten-mill limitation for debt	61378
purposes in tax year 1998 in the case of electric company tax	61379
value losses, and in tax year 1999 in the case of natural gas	61380
company tax value losses, payments shall be made equal to one	61381
hundred per cent of the loss computed as if the tax were a	61382
fixed-rate levy, but those payments shall extend from fiscal year	61383
2006 through fiscal year 2016.	61384

The department of education shall report to each school	61385
district the apportionment of the payments among the school	61386
district's funds based on the certifications under division (J) of	61387
section 5727.84 of the Revised Code.	61388

(D) Not later than January 1, 2002, for all taxing districts	61389
in each joint vocational school district, the tax commissioner	61390
shall certify to the department of education the fixed-rate levy	61391
loss determined under division (G) of section 5727.84 of the	61392
Revised Code. From February 2002 to August 2016, the department	61393
shall pay from the school district property tax replacement fund	61394
to the joint vocational school district one-half of the amount	61395
calculated for that fiscal year under division (A)(2) of this	61396
section between the twenty-first and twenty-eighth days of August	61397
and of February.	61398

(E)(1) Not later than January 1, 2002, for each fixed-sum	61399
levy levied by each school district or joint vocational school	61400
district and for each year for which a determination is made under	61401
division (H) of section 5727.84 of the Revised Code that a	61402
fixed-sum levy loss is to be reimbursed, the tax commissioner	61403
shall certify to the department of education the fixed-sum levy	61404
loss determined under that division. The certification shall cover	61405
a time period sufficient to include all fixed-sum levies for which	61406
the tax commissioner made such a determination. The department	61407
shall pay from the school district property tax replacement fund	61408
to the school district or joint vocational school district	61409
one-half of the fixed-sum levy loss so certified for each year	61410
between the twenty-first and twenty-eighth days of August and of	61411
February.	61412

(2) Beginning in 2003, by the thirty-first day of January of	61413
each year, the tax commissioner shall review the certification	61414
originally made under division (E)(1) of this section. If the	61415
commissioner determines that a debt levy that had been scheduled	61416
to be reimbursed in the current year has expired, a revised	61417
certification for that and all subsequent years shall be made to	61418
the department of education.	61419

(F) If the balance of the half-mill equalization fund created	61420
under section 3318.18 of the Revised Code is insufficient to make	61421
the full amount of payments required under division (D) of that	61422
section, the department of education, at the end of the third	61423
quarter of the fiscal year, shall certify to the director of	61424
budget and management the amount of the deficiency, and the	61425
director shall transfer an amount equal to the deficiency from the	61426
school district property tax replacement fund to the half-mill	61427
equalization fund.	61428

(G) Beginning in August 2002, and ending in ~~February~~May	61429
2017, the director of budget and management shall transfer from	61430
the school district property tax replacement fund to the general	61431
revenue fund each of the following:	61432

(1) Between the twenty-eighth day of August and the fifth day	61433
of September, the lesser of one-half of the amount certified for	61434
that fiscal year under division (A)(2) of this section or the	61435
balance in the school district property tax replacement fund;	61436

(2) Between the first and fifth days of ~~March~~May, the lesser	61437
of one-half of the amount certified for that fiscal year under	61438
division (A)(2) of this section or the balance in the school	61439
district property tax replacement fund.	61440

~~(G) By August 5, 2002, the tax commissioner shall estimate~~	61441
~~the amount of money in the school district property tax~~	61442
~~replacement fund in excess of the amount necessary to make~~	61443
~~payments under divisions (C), (D), (E), and (F) of this section.~~	61444
~~Notwithstanding division (C) of this section, the department of~~	61445
~~education, in consultation with the tax commissioner and from~~	61446
~~those excess funds, may pay any school district four and one-half~~	61447
~~times the amount certified under division (A)(2) of this section.~~	61448
~~Payments shall be made in order from the smallest annual loss to~~	61449
~~the largest annual loss. A payment made under this division shall~~	61450
~~be in lieu of the payment to be made in August 2002 under division~~	61451
~~(C)(2) of this section. No payments shall be made in the manner~~	61452
~~established in this division to any school district with annual~~	61453
~~losses from permanent improvement fixed-rate levies in excess of~~	61454
~~twenty thousand dollars, or annual losses from any other~~	61455
~~fixed-rate levies in excess of twenty thousand dollars. A school~~	61456
~~district receiving a payment under this division is no longer~~	61457
~~entitled to any further payments under division (C) of this~~	61458
~~section.~~	61459

~~(H) On the thirty-first day of July of 2003, 2004, 2005, and~~	61460
~~2006, and on the thirty-first day of January and July of 2007 and~~	61461
~~each year thereafter, if the amount credited to the school~~	61462
~~district property tax replacement fund exceeds the amount needed~~	61463
~~to make payments from the fund under divisions (C), (D), (E), and~~	61464
~~(F) of this section, the department of education shall distribute~~	61465
~~the excess among school districts and joint vocational school~~	61466
~~districts. The amount distributed to each district shall bear the~~	61467
~~same proportion to the excess remaining in the fund as the ADM of~~	61468
~~the district bears to the ADM of all of the districts. For the~~	61469
~~purpose of this division, "ADM" means the formula ADM in the case~~	61470
~~of a school district, and the average daily membership reported~~	61471
~~under section 3317.03 of the Revised Code in the case of a joint~~	61472
~~vocational school district.~~	61473

~~If, in the opinion of the department of education, the excess~~	61474
~~remaining in the school district property tax replacement fund in~~	61475
~~any year is not sufficient to warrant distribution under this~~	61476
~~division, the excess shall remain to the credit of the fund.~~	61477

~~Amounts received by a school district or joint vocational~~	61478
~~school district under this division shall be used exclusively for~~	61479
~~capital improvements.~~	61480

(H) On the first day of June each year, the director of	61481
budget and management shall transfer any balance remaining in the	61482
school district property tax replacement fund after the payments	61483
have been made under divisions (C), (D), (E), (F), and (G) of this	61484
section to the half-mill equalization fund created under section	61485
3318.18 of the Revised Code.	61486

(I) From fiscal year 2002 through fiscal year 2016, if the	61487
total amount in the school district property tax replacement fund	61488
is insufficient to make all payments under divisions (C), (D), ~~and~~	61489
(E), and (F) of this section at the time the payments are to be	61490
made, the director of budget and management shall transfer from	61491
the general revenue fund to the school district property tax	61492
replacement fund the difference between the total amount to be	61493
paid and the total amount in the school district property tax	61494
replacement fund, except that no transfer shall be made by reason	61495
of a deficiency to the extent that it results from the amendment	61496
of section 5727.84 of the Revised Code by Amended Substitute House	61497
Bill No. 95 of the 125th general assembly.	61498

(J) If all ~~or a part~~ of the territory of a school district or	61499
joint vocational school district is merged with an existing	61500
district, or if a part of the territory of a school district or	61501
joint vocational school district is transferred to ~~another~~an	61502
existing or new district, the department of education, in	61503
consultation with the tax commissioner, shall adjust the payments	61504
made under this section ~~to each of the districts in proportion to~~	61505
~~the tax value loss apportioned to the merged or transferred~~	61506
~~territory~~as follows:	61507

(1) For the merger of all of the territory of two or more	61508
districts, the fixed-rate levy loss and the fixed-sum levy loss of	61509
the successor district shall be equal to the sum of the fixed-rate	61510
levy losses and the fixed-sum levy losses for each of the	61511
districts involved in the merger.	61512

(2) For the transfer of a part of one district's territory to	61513
an existing district, the amount of the fixed-rate levy loss that	61514
is transferred to the recipient district shall be an amount equal	61515
to the transferring district's total fixed-rate levy loss times a	61516
fraction, the numerator of which is the value of electric company	61517
tangible personal property located in the part of the territory	61518
that was transferred, and the denominator of which is the total	61519
value of electric company tangible personal property located in	61520
the entire district from which the territory was transferred. The	61521
value of electric company tangible personal property under this	61522
division shall be determined for the most recent year for which	61523
data is available. Fixed-sum levy losses for both districts shall	61524
be determined under division (J)(4) of this section.	61525

(3) For the transfer of a part of the territory of one or	61526
more districts to create a new district:	61527

(a) If the new district is created on or after January 1,	61528
2000, but before January 1, 2005, the new district shall be paid	61529
its current fixed-rate levy loss through August 2006. From	61530
February 2007 to August 2016, the new district shall be paid the	61531
lesser of: (i) the amount calculated under division (B) of this	61532
section or (ii) an amount determined under the schedule in	61533
division (A)(1) of section 5727.86 of the Revised Code, as if for	61534
this purpose the new district was a local taxing unit under that	61535
section. Fixed-sum levy losses for the districts shall be	61536
determined under division (J)(4) of this section.	61537

(b) If the new district is created on or after January 1,	61538
2005, the new district shall be deemed not to have any fixed-rate	61539
levy loss or, except as provided in division (J)(4) of this	61540
section, fixed-sum levy loss. The district or districts from which	61541
the territory was transferred shall have no reduction in their	61542
fixed-rate levy loss, or, except as provided in division (J)(4) of	61543
this section, their fixed-sum levy loss.	61544

(4) If a recipient district under division (J)(2) of this	61545
section or a new district under division (J)(3)(a) or (b) of this	61546
section takes on debt from one or more of the districts from which	61547
territory was transferred, and any of the districts transferring	61548
the territory had fixed-sum levy losses, the department of	61549
education, in consultation with the tax commissioner, shall make	61550
an equitable division of the fixed-sum levy losses.	61551

(K) There is hereby created the public utility property tax	61552
study committee, effective January 1, 2011. The committee shall	61553
consist of the following seven members: the tax commissioner,	61554
three members of the senate appointed by the president of the	61555
senate, and three members of the house of representatives	61556
appointed by the speaker of the house of representatives. The	61557
appointments shall be made not later than January 31, 2011. The	61558
tax commissioner shall be the chairperson of the committee.	61559

The committee shall study the extent to which each school	61560
district or joint vocational school district has been compensated,	61561
under sections 5727.84 and 5727.85 of the Revised Code as enacted	61562
by Substitute Senate Bill No. 3 of the 123rd general assembly and	61563
any subsequent acts, for the property tax loss caused by the	61564
reduction in the assessment rates for natural gas, electric, and	61565
rural electric company tangible personal property. Not later than	61566
June 30, 2011, the committee shall issue a report of its findings,	61567
including any recommendations for providing additional	61568
compensation for the property tax loss or regarding remedial	61569
legislation, to the president of the senate and the speaker of the	61570
house of representatives, at which time the committee shall cease	61571
to exist.	61572

The department of taxation and department of education shall	61573
provide such information and assistance as is required for the	61574
committee to carry out its duties.	61575

Sec. 5727.99. (A) Whoever violates section 5727.55 of the	61576
Revised Code ~~shall be fined not less than one hundred nor more~~	61577
~~than one thousand dollars~~is guilty of a misdemeanor of the third	61578
degree.	61579

(B) Whoever violates section 5727.71 of the Revised Code	61580
~~shall be fined not more than five hundred dollars and imprisoned~~	61581
~~not more than thirty days~~is guilty of a misdemeanor of the fourth	61582
degree.	61583

(C) Whoever violates section 5727.72 of the Revised Code	61584
~~shall be fined not more than five hundred dollars or imprisoned~~	61585
~~not more than thirty days, or both~~is guilty of a misdemeanor of	61586
the third degree.	61587

(D) Whoever violates sections 5727.80 to 5727.83, or sections	61588
5727.88 to 5727.95 of the Revised Code or any rule adopted by the	61589
tax commissioner under those sections, is guilty of a misdemeanor	61590
of the first degree ~~on the first offense; on each subsequent~~. If	61591
the person previously has been convicted of any offense under	61592
Title LVII of the Revised Code, the person is guilty of a felony	61593
of the fourth degree.	61594

Sec. 5728.01. As used in sections 5728.02 to 5728.14 of the	61595
Revised Code:	61596

(A) "Motor vehicle" means everything on wheels that is	61597
self-propelled, other than by muscular power or power collected	61598
from electric trolley wires and other than vehicles or machinery	61599
not designed for or employed in general highway transportation,	61600
used to transport or propel persons or property over a public	61601
highway.	61602

(B) "Commercial car" means any motor vehicle used for	61603
transporting persons or property, wholly on its own structure on a	61604
public highway.	61605

(C) "Commercial tractor" means any motor vehicle designed and	61606
used to propel or draw a trailer or semi-trailer or both on a	61607
public highway without having any provision for carrying loads	61608
independently of such trailer or semi-trailer.	61609

(D) "Trailer" means everything on wheels that is not	61610
self-propelled, except vehicles or machinery not designed for or	61611
employed in general highway transportation, used for carrying	61612
property wholly on its own structure and for being drawn by a	61613
motor vehicle on a public highway, including any such vehicle when	61614
formed by or operated as a combination of a semi-trailer and a	61615
vehicle of the dolly type such as that commonly known as a trailer	61616
dolly. "Trailer" does not include manufactured homes as defined in	61617
division (C)(4) of section 3781.06 of the Revised Code or mobile	61618
homes as defined in division (O) of section 4501.01 of the Revised	61619
Code.	61620

(E) "Semi-trailer" means everything on wheels that is not	61621
self-propelled, except vehicles or machinery not designed for or	61622
employed in general highway transportation, designed and used for	61623
carrying property on a public highway when being propelled or	61624
drawn by a commercial tractor when part of its own weight or the	61625
weight of its load, or both, rest upon and is carried by a	61626
commercial tractor.	61627

(F) "Commercial tandem" means any commercial car and trailer	61628
or any commercial tractor, semi-trailer, and trailer when fastened	61629
together and used as one unit.	61630

(G) "Commercial tractor combination" means any commercial	61631
tractor and semi-trailer when fastened together and used as one	61632
unit.	61633

(H) "Axle" means two or more load carrying wheels mounted in	61634
a single transverse vertical plane.	61635

(I) "Public highway" means any highway, road, or street	61636
dedicated to public use, including a highway under the control and	61637
jurisdiction of the Ohio turnpike commission created by the	61638
provisions of section 5537.02 of the Revised Code and land and	61639
lots over which the public, either as user or owner, generally has	61640
a right to pass even though such land or lots are closed	61641
temporarily by public authorities for the purpose of construction,	61642
reconstruction, maintenance, or repair.	61643

(J) "Jurisdiction" means a state of the United States, the	61644
District of Columbia, or a province or territory of Canada.	61645

Sec. 5728.02. (A) Except as provided in section 5728.03 of	61646
the Revised Code, every person who is liable for the tax imposed	61647
by section 5728.06 of the Revised Code on the operation of a	61648
commercial car ~~with three or more axles when operated alone or as~~	61649
~~part of a commercial tandem, a commercial car with two axles that~~	61650
~~is to be operated as part of a commercial tandem with a gross~~	61651
~~vehicle weight or a registered gross vehicle weight exceeding~~	61652
~~twenty-six thousand pounds,~~ or a commercial tractor that is, or is	61653
to be, operated or driven upon a public highway in two or more	61654
jurisdictions shall cause to be filed annually with the tax	61655
commissioner ~~a written~~an application for a fuel use permit on	61656
~~blank forms~~ to be furnished by the commissioner for that purpose.	61657

Each application for a fuel use permit for a commercial car	61658
or a commercial tractor shall contain any information the tax	61659
commissioner prescribes.	61660

(B) Upon receipt of the application, the tax commissioner	61661
shall issue to the person making the application a fuel use permit	61662
and any identification device that the commissioner considers	61663
necessary for the proper administration of this chapter. The	61664
permit and the identification device shall be of a design and	61665
contain any information the commissioner considers necessary. The	61666
identification device shall be displayed on the commercial car or	61667
commercial tractor for which it was issued at all times in the	61668
manner the commissioner prescribes. The fuel use permits and the	61669
identification device shall not be transferable. In case of the	61670
loss of a fuel use permit or identification device, the	61671
commissioner shall issue a duplicate of the permit or device.	61672

The fuel use permit shall be valid until it expires or is	61673
suspended or surrendered.	61674

Sec. 5728.03. (A) In lieu of filing an application for an	61675
annual fuel use permit under section 5728.02 of the Revised Code	61676
and in lieu of filing returns under section 5728.08 of the Revised	61677
Code, a person who is the owner of a commercial car ~~with three or~~	61678
~~more axles when operated alone or as part of a commercial tandem,~~	61679
~~a commercial car with two axles that is to be operated as part of~~	61680
~~a commercial tandem with a gross vehicle weight or a registered~~	61681
~~gross vehicle weight exceeding twenty-six thousand pounds,~~ or a	61682
commercial tractor that would otherwise be liable for the tax	61683
imposed by section 5728.06 of the Revised Code, that is, or is to	61684
be, operated or driven upon a public highway, may file an	61685
application with the tax commissioner for a single-trip fuel use	61686
permit. The application shall be based on rules adopted by the tax	61687
commissioner and shall include an amount estimated to be	61688
substantially equivalent to the fuel use tax liability that the	61689
applicant will incur by driving on the highways of this state	61690
during the period covered by the single-trip permit. The amount so	61691
estimated shall be considered to be the fuel use tax liability so	61692
incurred.	61693

The commissioner may authorize independent permit services or	61694
other persons to issue single-trip fuel use permits.	61695

(B) The tax commissioner shall adopt rules establishing all	61696
of the following:	61697

(1) Procedures for the issuance of single-trip permits;

61698

(2) The length of time the permits are effective;

61699

(3) Requirements that independent permit services or other	61700
persons must meet to be authorized to issue single-trip fuel use	61701
permits and procedures for obtaining that authorization;	61702

(4) Estimates of the amount substantially equivalent to the	61703
fuel use tax liability that an applicant will incur by driving on	61704
the highways of this state during the period covered by the	61705
permit.	61706

(C) No person whose fuel use permit issued under section	61707
5728.02 of the Revised Code is currently under suspension in	61708
accordance with section 5728.11 of the Revised Code shall be	61709
issued a single-trip fuel use permit under this section.	61710

(D) All moneys collected pursuant to this section shall be	61711
deposited in the state treasury in accordance with section 5728.08	61712
of the Revised Code.	61713

Sec. 5728.04. (A) It is unlawful for any person to operate a	61714
commercial car ~~with three or more axles when operated alone or as~~	61715
~~part of a commercial tandem, a commercial car with two axles that~~	61716
~~is to be operated as part of a commercial tandem with a gross~~	61717
~~vehicle weight or a registered gross vehicle weight exceeding~~	61718
~~twenty-six thousand pounds,~~ or a commercial tractor ~~when operated~~	61719
~~alone or as part of a commercial tractor combination or commercial~~	61720
~~tandem~~that is subject to the tax imposed by section 5728.06 of	61721
the Revised Code on a public highway in two or more jurisdictions	61722
under either of the following circumstances:	61723

(1) Without a fuel use permit or single trip fuel use permit	61724
for such commercial car or commercial tractor.	61725

(2) With a suspended or surrendered fuel use permit for such	61726
commercial car or commercial tractor.	61727

(B) The judge or magistrate of any court finding any person	61728
guilty of unlawfully operating a commercial car or commercial	61729
tractor as provided for in this section shall immediately notify	61730
the tax commissioner of such violation and shall transmit to the	61731
tax commissioner the name and the permanent address of the owner	61732
of the commercial car or commercial tractor operated in violation	61733
of this section, the registration number, the state of	61734
registration, and the certificate of title number of the	61735
commercial car or commercial tractor. The commercial car or	61736
commercial tractor involved in a violation of division (A)(1) or	61737
(2) of this section may be detained until a valid fuel use permit	61738
is obtained or reinstated.	61739

Sec. 5728.06. (A) For the following purposes, an excise tax	61740
is hereby imposed on the use of motor fuel to operate on the	61741
public highways of this state a commercial car with three or more	61742
axles, regardless of weight, operated alone or as part of a	61743
commercial tandem, a commercial car with two axles ~~operated as~~	61744
~~part of a commercial tandem~~ having a gross vehicle weight or	61745
registered gross vehicle weight exceeding twenty-six thousand	61746
pounds operated alone or as part of a commercial tandem, or a	61747
commercial tractor operated alone or as part of a commercial	61748
tractor combination or commercial tandem: to provide revenue for	61749
maintaining the state highway system, to widen existing surfaces	61750
on such highways, to resurface such highways, to enable the	61751
counties of the state properly to plan for, maintain, and repair	61752
their roads, to enable the municipal corporations to plan,	61753
construct, reconstruct, repave, widen, maintain, repair, clear,	61754
and clean public highways, roads, and streets; to pay that portion	61755
of the construction cost of a highway project that a county,	61756
township, or municipal corporation normally would be required to	61757
pay, but that the director of transportation, pursuant to division	61758
(B) of section 5531.08 of the Revised Code, determines instead	61759
will be paid from moneys in the highway operating fund; to	61760
maintain and repair bridges and viaducts; to purchase, erect, and	61761
maintain street and traffic signs and markers; to purchase, erect,	61762
and maintain traffic lights and signals; to pay the costs	61763
apportioned to the public under section 4907.47 of the Revised	61764
Code; and to supplement revenue already available for such	61765
purposes, to distribute equitably among those persons using the	61766
privilege of driving motor vehicles upon such highways and streets	61767
the cost of maintaining and repairing the same, and to pay the	61768
interest, principal, and charges on bonds and other obligations	61769
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	61770
and sections 5528.30 and 5528.31 of the Revised Code. The tax is	61771
imposed in the same amount as the motor fuel tax imposed under	61772
Chapter 5735. of the Revised Code plus an additional tax of three	61773
cents per gallon of motor fuel used before July 1, 2004, provided	61774
that the additional tax shall be reduced to two cents per gallon	61775
of motor fuel used from July 1, 2004 through June 30, 2005, as	61776
determined by the gallons consumed while operated on the public	61777
highways of this state. Subject to section 5735.292 of the Revised	61778
Code, on and after July 1, 2005, the tax shall be imposed in the	61779
same amount as the motor fuel tax imposed under Chapter 5735. of	61780
the Revised Code. Payment of the fuel use tax shall be made by the	61781
purchase ~~of motor fuel~~ within Ohio of such gallons of motor fuel,	61782
for which the tax imposed under Chapter 5735. of the Revised Code	61783
has been paid, as is equivalent to the gallons consumed while	61784
operating such a motor vehicle on the public highways of this	61785
state, or by direct remittance to the treasurer of state with the	61786
fuel use tax return filed pursuant to section 5728.08 of the	61787
Revised Code.	61788

Any person subject to the tax imposed under this section who	61789
purchases motor fuel in this state for use in another state in	61790
excess of the amount consumed while operating such motor vehicle	61791
on the public highways of this state shall be allowed a credit	61792
against the tax imposed by this section or a refund equal to the	61793
motor fuel tax paid to this state on such excess. No such credit	61794
or refund shall be allowed for taxes paid to any state that	61795
imposes a tax on motor fuel purchased or obtained in this state	61796
and used on the highways of such other state but does not allow a	61797
similar credit or refund for the tax paid to this state on motor	61798
fuel purchased or acquired in the other state and used on the	61799
public highways of this state.	61800

The tax commissioner is authorized to determine whether such	61801
credits or refunds are available and to prescribe such rules as	61802
are required for the purpose of administering this chapter.	61803

(B) Within sixty days after the last day of each month, the	61804
tax commissioner shall determine the amount of motor fuel tax	61805
allowed as a credit against the tax imposed by this section. The	61806
commissioner shall certify the amount to the director of budget	61807
and management and the treasurer of state, who shall credit the	61808
amount in accordance with section 5728.08 of the Revised Code from	61809
current revenue arising from the tax levied by section 5735.05 of	61810
the Revised Code.	61811

(C) The owner of each commercial car and commercial tractor	61812
subject to sections 5728.01 to 5728.14 of the Revised Code is	61813
liable for the payment of the full amount of the taxes imposed by	61814
this section.	61815

An owner who is a person regularly engaged, for compensation,	61816
in the business of leasing or renting motor vehicles without	61817
furnishing drivers may designate that the lessee of a motor	61818
vehicle leased for a period of thirty days or more shall report	61819
and pay the tax incurred during the duration of the lease. An	61820
owner who is an independent contractor that furnishes both the	61821
driver and motor vehicle, may designate that the person so	61822
furnished with the driver and motor vehicle for a period of thirty	61823
days or more shall report and pay the tax incurred during that	61824
period. An independent contractor that is not an owner, but that	61825
furnishes both the driver and motor vehicle and that has been	61826
designated by the owner of the motor vehicle to report and pay the	61827
tax, may designate that the person so furnished with driver and	61828
motor vehicle for a period of thirty days or more shall report and	61829
pay the tax incurred during that period.	61830

Sec. 5728.08. Except as provided in section 5728.03 of the	61831
Revised Code and except as otherwise provided in ~~this~~division (A)	61832
of section 5728.06 of the Revised Code, whoever is liable for the	61833
payment of the tax levied by section 5728.06 of the Revised Code,	61834
on or before the last day of each January, April, July, and	61835
October, shall file with the tax commissioner, on forms prescribed	61836
by the commissioner, a fuel use tax return and make payment of the	61837
full amount of the tax due for the operation of each commercial	61838
car and commercial tractor for the preceding three calendar	61839
months. ~~If the commercial cars or commercial tractors are farm~~	61840
~~trucks and the amount of motor fuel used to operate the trucks~~	61841
~~during the preceding twelve calendar months was less than fifteen~~	61842
~~thousand gallons, the fuel use tax return shall be filed and the~~	61843
~~full amount of tax due paid on or before the last day of each July~~	61844
~~for the preceding twelve calendar months. If the commercial cars~~	61845
~~or commercial tractors are farm trucks and the amount of motor~~	61846
~~fuel used to operate the trucks during the preceding twelve~~	61847
~~calendar months was fifteen thousand gallons or more, the fuel use~~	61848
~~tax return shall be filed and the full amount of the tax due paid~~	61849
~~either on or before the last day of each July for the preceding~~	61850
~~twelve calendar months, or on or before the last day of each~~	61851
~~January, April, July, and October for the preceding three calendar~~	61852
~~months, at the option of the person liable for payment of the tax.~~	61853
~~If the commercial cars or commercial tractors are not farm trucks,~~	61854
~~and if, in the estimation of the commissioner, the amount of the~~	61855
~~tax due does not warrant quarterly filing, the commissioner may~~	61856
~~authorize the filing of the fuel use tax return and payment of the~~	61857
~~full amount due on or before the last day of each July for the~~	61858
~~preceding twelve months.~~	61859

The commissioner shall immediately forward to the treasurer	61860
of state all money received from the tax levied by section 5728.06	61861
of the Revised Code.	61862

The treasurer of state shall place to the credit of the tax	61863
refund fund created by section 5703.052 of the Revised Code, out	61864
of receipts from the taxes levied by section 5728.06 of the	61865
Revised Code, amounts equal to the refund certified by the tax	61866
commissioner pursuant to section 5728.061 of the Revised Code.	61867
Receipts from the tax shall be used by the commissioner to defray	61868
expenses incurred by the department of taxation in administering	61869
sections 5728.01 to 5728.14 of the Revised Code.	61870

All moneys received in the state treasury from taxes levied	61871
by section 5728.06 of the Revised Code and fees assessed under	61872
section 5728.03 of the Revised Code that are not required to be	61873
placed to the credit of the tax refund fund as provided by this	61874
section shall, during each calendar year, be credited to the	61875
highway improvement bond retirement fund created by section	61876
5528.12 of the Revised Code until the commissioners of the sinking	61877
fund certify to the treasurer of state, as required by section	61878
5528.17 of the Revised Code, that there are sufficient moneys to	61879
the credit of the highway improvement bond retirement fund to meet	61880
in full all payments of interest, principal, and charges for the	61881
retirement of bonds and other obligations issued pursuant to	61882
Section 2g of Article VIII, Ohio Constitution, and sections	61883
5528.10 and 5528.11 of the Revised Code due and payable during the	61884
current calendar year and during the following calendar year. From	61885
the date of the receipt of the certification required by section	61886
5528.17 of the Revised Code by the treasurer of state until the	61887
thirty-first day of December of the calendar year in which the	61888
certification is made, all moneys received in the state treasury	61889
from taxes levied under section 5728.06 of the Revised Code and	61890
fees assessed under section 5728.03 of the Revised Code that are	61891
not required to be placed to the credit of the tax refund fund as	61892
provided by this section shall be credited to the highway	61893
obligations bond retirement fund created by section 5528.32 of the	61894
Revised Code until the commissioners of the sinking fund certify	61895
to the treasurer of state, as required by section 5528.38 of the	61896
Revised Code, that there are sufficient moneys to the credit of	61897
the highway obligations bond retirement fund to meet in full all	61898
payments of interest, principal, and charges for the retirement of	61899
bonds and other obligations issued pursuant to Section 2i of	61900
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	61901
of the Revised Code due and payable during the current calendar	61902
year and during the following calendar year. From the date of the	61903
receipt of the certification required by section 5528.38 of the	61904
Revised Code by the treasurer of state until the thirty-first day	61905
of December of the calendar year in which the certification is	61906
made, all moneys received in the state treasury from taxes levied	61907
under section 5728.06 of the Revised Code and fees assessed under	61908
section 5728.03 of the Revised Code that are not required to be	61909
placed to the credit of the tax refund fund as provided by this	61910
section shall be credited to the highway operating fund created by	61911
section 5735.291 of the Revised Code, except as provided by the	61912
following paragraph of this section.	61913

From the date of the receipt by the treasurer of state of	61914
certifications from the commissioners of the sinking fund, as	61915
required by sections 5528.18 and 5528.39 of the Revised Code,	61916
certifying that the moneys to the credit of the highway	61917
improvement bond retirement fund are sufficient to meet in full	61918
all payments of interest, principal, and charges for the	61919
retirement of all bonds and other obligations that may be issued	61920
pursuant to Section 2g of Article VIII, Ohio Constitution, and	61921
sections 5528.10 and 5528.11 of the Revised Code, and to the	61922
credit of the highway obligations bond retirement fund are	61923
sufficient to meet in full all payments of interest, principal,	61924
and charges for the retirement of all obligations issued pursuant	61925
to Section 2i of Article VIII, Ohio Constitution, and sections	61926
5528.30 and 5528.31 of the Revised Code, all moneys received in	61927
the state treasury from the taxes levied under section 5728.06 and	61928
fees assessed under section 5728.03 of the Revised Code that are	61929
not required to be placed to the credit of the tax refund fund as	61930
provided by this section, shall be deposited to the credit of the	61931
highway operating fund.	61932

~~As used in this section, "farm truck" means any commercial~~	61933
~~car or commercial tractor that is registered as a farm truck under~~	61934
~~Chapter 4503. of the Revised Code.~~	61935

Sec. 5728.99. (A)(1) Except as provided in division (A)(2)	61936
of this section, whoever violates any provision of sections	61937
5728.01 to 5728.14 of the Revised Code, or any rule promulgated by	61938
the tax commissioner under the authority of any provision of those	61939
sections, for the violation of which no penalty is provided	61940
elsewhere, ~~shall be fined not less than twenty-five nor more than~~	61941
~~one hundred dollars~~is guilty of a misdemeanor of the fourth	61942
degree.	61943

(2) Division (A)(1) of this section does not apply to the	61944
filing of any false or fraudulent return, application, or permit	61945
under section 5728.02, 5728.03, or 5728.08 of the Revised Code.	61946
The filing of any false or fraudulent return, application, or	61947
permit under any of those sections is a violation of section	61948
2921.13 of the Revised Code.	61949

(B)(1) Whoever violates division (A)(1) of section 5728.04 of	61950
the Revised Code is guilty of a misdemeanor of the ~~fourth~~third	61951
degree.	61952

(2) Whoever violates division (A)(2) of section 5728.04 of	61953
the Revised Code is guilty of a misdemeanor of the first degree.	61954

Sec. 5729.032. A refundable credit granted by the tax credit	61955
authority under section 122.17 of the Revised Code may be claimed	61956
against the tax imposed by section 5729.03 of the Revised Code.	61957

Sec. 5729.08. (A) As used in this section, "tax otherwise	61958
due" means the tax imposed on a foreign insurance company under	61959
section 5729.03 of the Revised Code reduced by the total amount of	61960
all other nonrefundable credits, if any, that the foreign	61961
insurance company is entitled to claim.	61962

(B) Upon the issuance of a tax credit certificate by the Ohio	61963
venture capital authority under section 150.07 of the Revised	61964
Code, a credit may be claimed against the tax imposed on a foreign	61965
insurance company under section 5729.03 of the Revised Code. The	61966
credit shall be claimed in the calendar year specified in the	61967
certificate issued by the authority.	61968

(C) If the company elected a refundable credit under section	61969
150.07 of the Revised Code and if the amount of the credit shown	61970
on the certificate does not exceed the tax otherwise due, then for	61971
the calendar year the company shall claim a refundable credit	61972
equal to the amount of the credit shown on the certificate.	61973

(D) If the company elected a refundable credit under section	61974
150.07 of the Revised Code, and the amount of the credit shown on	61975
the certificate exceeds the tax otherwise due ~~under section~~	61976
~~5729.03 of the Revised Code~~, than for the calendar year the	61977
company ~~may receive a refund equal to seventy-five per cent of~~	61978
~~such excess. If~~shall claim a refundable credit equal to the sum	61979
of the following:	61980

(1) The amount, if any, of the tax otherwise due;

61981

(2) Seventy-five per cent of the difference between the	61982
amount of the refundable credit shown on the certificate and the	61983
tax otherwise due.	61984

(E) If the company elected a nonrefundable credit, the amount	61985
of the credit shown on the certificate shall not exceed the amount	61986
of tax otherwise due. If the company elected a nonrefundable	61987
credit and the credit to which the company would otherwise be	61988
entitled under this section for any calendar year is greater than	61989
the tax otherwise due ~~under section 5729.03 of the Revised Code~~,	61990
the excess shall be allowed as a nonrefundable credit in each of	61991
the ensuing ten calendar years, but the amount of any excess	61992
credit allowed in the ensuing calendar year shall be deducted from	61993
the balance carried forward to the next calendar year.	61994

Sec. 5731.01. As used in this chapter:

61995

(A) The "value of the gross estate" of the decedent shall	61996
include, to the extent provided in sections 5731.03 to 5731.131 of	61997
the Revised Code, the value, on the ~~dae~~date of the decedent's	61998
death or on an alternate valuation date prescribed by division (D)	61999
of this section, of all property, real or personal, tangible or	62000
intangible, wherever situated, except real property situated and	62001
tangible personal property having an actual situs outside of this	62002
state.	62003

(B) Subject to the provisions of section 5731.011 of the	62004
Revised Code that permit a valuation of qualified farm property at	62005
its value for its actual qualified use, the value of any property	62006
included in the gross estate shall be the price at which such	62007
property would change hands between a willing buyer and a willing	62008
seller, neither being under any compulsion to buy or sell and both	62009
having reasonable knowledge of relevant facts. All relevant facts	62010
and elements of value as of the valuation date shall be considered	62011
in determining such value.	62012

The rulings and regulations of the internal revenue service	62013
and decisions of the federal courts defining the principles	62014
applicable in determining fair market value for purposes of the	62015
federal estate tax imposed by Subchapter A, Chapter 11 of the	62016
Internal Revenue Code ~~of 1954, 26 U.S.C. 2001, as amended,~~ shall	62017
be applied in determining fair market value for purposes of the	62018
estate taxes imposed by this chapter, to the extent that these	62019
rulings, regulations, and decisions are not inconsistent with the	62020
express provisions of this chapter, but the actual determination	62021
of the fair market value by the internal revenue service of any	62022
asset included in the gross estate is not controlling for purposes	62023
of the estate taxes imposed by this chapter, unless the person	62024
filing the estate tax return and the tax commissioner have agreed	62025
in writing to be bound by the federal determination, as provided	62026
in section 5731.26 of the Revised Code.	62027

(C) In the case of stock and securities of a corporation the	62028
value of which, by reason of their not being listed on an exchange	62029
and by reason of the absence of sales of them, cannot be	62030
determined with reference to bid and asked prices, or with	62031
reference to sales prices, the value of them shall be determined	62032
by taking into consideration, in addition to all other factors,	62033
the value of stock or securities of corporations engaged in the	62034
same or a similar line of business which are listed on an exchange	62035
or which are traded actively in the over-the-counter market.	62036

If a valuation of securities is undertaken by reference to	62037
market transactions and if the block of securities to be valued is	62038
so large in relation to actual sales on existing markets that it	62039
could not be liquidated in a reasonable time without depressing	62040
the market, the price at which the block could be sold, as such,	62041
outside the usual market, as through an underwriter, shall be	62042
considered in determining the value of such block of securities.	62043

(D) "Alternate valuation date" means the date for valuation	62044
of a gross estate permitted by filing an election under this	62045
division. Whether or not an alternate valuation date election is	62046
available to an estate for federal estate tax purposes or, if	62047
available, is made for the estate, the value of the gross estate	62048
may be determined, if the person required to file the estate tax	62049
return so elects, by valuing all the property included in the	62050
gross estate on the alternate date, if any, provided in section	62051
2032 (a) of the Internal Revenue Code ~~of 1954, 26 U.S.C. 2032(a),~~	62052
~~as amended~~ as such section generally applies, for federal estate	62053
tax purposes, to the estates of persons dying on the decedent's	62054
date of death.	62055

No deduction under this chapter of any item shall be allowed	62056
if allowance is, in effect, given by use of the alternate	62057
valuation date. In the determination of any tax liability of any	62058
estate in which an election is filed under this division, all	62059
provisions in this chapter ~~which~~that refer to value at the time	62060
of the decedent's death shall be construed for all purposes to	62061
mean the value of such property used in determining the value of	62062
the gross estate. For the purposes of the charitable deduction	62063
under section 5731.17 of the Revised Code, any bequest, legacy,	62064
devise, or transfer enumerated in it shall be valued as of the	62065
date of the decedent's death with adjustment for any difference in	62066
value, not due to mere lapse of time or the occurrence or	62067
nonoccurrence of a contingency, of the property as of the date six	62068
months after the decedent's death, or in case of its earlier	62069
disposition, on such date of disposition.	62070

An election under this division shall be exercised on the	62071
estate tax return by the person required to file the return. When	62072
made, an election under this division is irrevocable. An election	62073
cannot be exercised under this division if a return is filed more	62074
than one year after the time prescribed, including any extensions	62075
of time granted, pursuant to law for filing the return.	62076

(E) Unless otherwise indicated by the context, "county" means	62077
one of the following:	62078

(1) The county in which the decedent's estate is	62079
administered;	62080

(2) If no administration of the decedent's estate is being	62081
had, the county of residence of the decedent at the time of ~~his~~	62082
death;	62083

(3) If the decedent dies a resident of another state, any	62084
county in which any property subject to tax is located.	62085

(F) "Internal Revenue Code" means the "Internal Revenue Code	62086
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	62087

Sec. 5731.05. (A) Except as provided in divisions (B) and	62088
(C) of this section, the value of the gross estate shall include	62089
the value of all property, to the extent of any interest in	62090
property, of which the decedent has at any time made a transfer,	62091
by trust or otherwise, in contemplation of ~~his~~ death.	62092

(B) Any transfer, except as provided in division (C) of this	62093
section, by trust or otherwise, made within a period of three	62094
years ending with the date of the decedent's death shall be deemed	62095
to have been made in contemplation of death, unless the contrary	62096
is shown. No transfer made before that three-year period shall be	62097
treated as having been made in contemplation of death.	62098

62099

(1) A bona fide sale for an adequate and full consideration	62100
in money or money's worth;	62101

(2) A transfer of property that would not be included in the	62102
decedent's gross estate if retained by ~~him~~the decedent until	62103
death;	62104

(3) The first ten thousand dollars of the transfers that were	62105
made by the decedent to each transferee, other than the spouse of	62106
the decedent, in each calendar year, but only to the extent that	62107
those transfers qualify as present interests under section 2503(b)	62108
and (c) of the "Internal Revenue Code ~~of 1986," 26 U.S.C. 2503, as~~	62109
~~amended~~. The exclusion provided by division (C)(3) of this section	62110
does not apply to any portion of a transfer that is treated as	62111
being made by the spouse of the decedent under section 2513 of the	62112
"Internal Revenue Code ~~of 1986," 26 U.S.C. 2513, as amended~~.	62113

(4) A transfer of property made to the spouse of the	62114
transferor, except as provided in section 5731.131 of the Revised	62115
Code;	62116

(5) Federal or state gift taxes paid with respect to any	62117
includible transfer.	62118

~~(D) The amendments made to this section by Amended Substitute~~	62119
~~House Bill No. 111 and Substitute Senate Bill No. 336 of the 118th~~	62120
~~general assembly that are effective on July 1, 1993, shall apply~~	62121
~~only to the estates of decedents who die on or after that date.~~	62122

Sec. 5731.131. ~~(A)~~ The value of the gross estate shall	62123
include the value of any property in which the decedent had an	62124
income interest for life as follows:	62125

~~(1)~~(A) If a marital deduction was allowed with respect to the	62126
transfer of such property to the decedent under section 2523(f) of	62127
the "Internal Revenue Code ~~of 1986," 26 U.S.C. 2523(f), as~~	62128
~~amended~~, in connection with the determination of the value of the	62129
taxable estate of the decedent's predeceasing spouse;	62130

~~(2)~~(B) If the decedent's predeceasing spouse was not a	62131
resident of this state at the time of ~~his~~ death and if a marital	62132
deduction was allowed with respect to the transfer of such	62133
property to the decedent under section 2056(b)(7) of the "Internal	62134
Revenue Code ~~of 1986," 26 U.S.C. 2056(b)(7), as amended~~, in	62135
connection with the determination of the value of the taxable	62136
estate of the decedent's predeceasing spouse;	62137

~~(3)~~(C) If the decedent's predeceasing spouse died prior to	62138
July 1, 1993, and if a marital deduction was allowed with respect	62139
to the transfer of such property to the decedent under division	62140
(A)(1) of section 5731.15 of the Revised Code as it existed prior	62141
to July 1, 1993, in connection with the determination of the value	62142
of the taxable estate of the decedent's predeceasing spouse;	62143

~~(4)~~(D) If a qualified terminable interest property deduction	62144
was allowed with respect to the transfer of such property to the	62145
decedent under division (B) of section 5731.15 of the Revised	62146
Code, in connection with the determination of the value of the	62147
taxable estate of the decedent's predeceasing spouse.	62148

~~(B) The amendments made to this section by Amended Substitute~~	62149
~~House Bill No. 111 and substitute Senate Bill No. 336 of the 118th~~	62150
~~general assembly that are effective on July 1, 1993, shall apply~~	62151
~~only to the estates of decedents who die on or after that date.~~	62152

Sec. 5731.14. For purposes of the tax levied by section	62153
5731.02 of the Revised Code, the value of the taxable estate shall	62154
be determined by deducting from the value of the gross estate	62155
deductions provided for in sections 5731.15 to 5731.17 ~~and 5731.20~~	62156
of the Revised Code.	62157

Sec. 5731.18. (A) In addition to the tax levied by section	62158
5731.02 of the Revised Code, a tax is hereby levied upon the	62159
transfer of the estate of every person dying on or after July 1,	62160
1968, who, at the time of ~~his~~ death was a resident of this state,	62161
in an amount equal to the maximum credit allowable by subtitle B,	62162
~~chapter~~Chapter 11 of the Internal Revenue Code ~~of 1954, 26 U.S.C.~~	62163
~~2011, as amended~~, for any taxes paid to any state.	62164

(B) The tax levied on any estate under this section shall be	62165
credited with the amount of the tax levied under section 5731.02	62166
of the Revised Code and with the amount of any estate,	62167
inheritance, legacy, or succession taxes actually paid to any	62168
state or territory of the United States or to the District of	62169
Columbia on any property included in the decedent's gross estate	62170
for federal estate tax purposes.	62171

(C) The additional tax levied under this section shall be	62172
administered, collected, and paid as provided in section 5731.24	62173
of the Revised Code.	62174

Sec. 5731.181. (A) For purposes of this section,	62175
"generation-skipping transfer," "taxable distribution," and	62176
"taxable termination" have the same meaning as in Chapter 13 of	62177
subtitle B of the Internal Revenue Code ~~of 1986, 100 Stat. 2718,~~	62178
~~26 U.S.C. 2601-2624, as amended~~.	62179

(B) A tax is hereby levied upon every generation-skipping	62180
transfer of property having a situs in this state, that occurs at	62181
the same time as, and as a result of, the death of an individual,	62182
in an amount equal to the credit allowed by Chapter 13 of subtitle	62183
B of the Internal Revenue Code ~~of 1986, 100 Stat. 2718, 26 U.S.C.~~	62184
~~2601-2624, as amended~~, for any taxes paid to any state in respect	62185
of any property included in the generation-skipping transfer.	62186

For purposes of this division, "property having a situs in	62187
this state" includes all the following:	62188

(1) Real property situated in this state;

62189

(2) Tangible personal property having an actual situs in this	62190
state;	62191

(3) Intangible personal property employed in carrying on a	62192
business in this state;	62193

(4) Intangible personal property owned by a trust, the	62194
trustee of which resides in or has its principal place of business	62195
in this state, or, if there is more than one trustee of the trust,	62196
the principal place of administration of which is in this state.	62197

(C) The return with respect to the generation-skipping tax	62198
levied by division (B) of this section shall be filed in the form	62199
that the tax commissioner shall prescribe, on or before the day	62200
prescribed by law, including extensions, for filing the	62201
generation-skipping transfer tax return under Chapter 13 of	62202
subtitle B of the Internal Revenue Code ~~of 1986, 100 Stat. 2718,~~	62203
~~26 U.S.C. 2601-2624, as amended~~, for the same generation-skipping	62204
transfer. The return shall be filed by the distributee in the case	62205
of a taxable distribution and by the trustee in the case of a	62206
taxable termination.	62207

(D) The generation-skipping tax levied by division (B) of	62208
this section shall be paid, without notice or demand by the tax	62209
commissioner, with the return, and shall be charged, collected,	62210
and administered in the same manner as estate taxes levied by this	62211
chapter. This chapter is generally applicable to, except to the	62212
extent it is inconsistent with the nature of, the	62213
generation-skipping tax.	62214

(E) If another state levies a generation-skipping tax on a	62215
transfer described in division (B) of this section, the tax	62216
commissioner may enter into a compromise of the	62217
generation-skipping tax levied by division (B) of this section in	62218
the manner provided in section 5731.35 of the Revised Code, except	62219
that no approval of any probate court is required. If such a	62220
compromise agreement is made, no interest and penalties shall	62221
accrue for the period prior to the execution of the agreement and	62222
for sixty days after its execution.	62223

Sec. 5731.22. If the executor, administrator, or other	62224
person required to file a return fails to file the return required	62225
by this chapter or to pay the tax due under this chapter on or	62226
before the date prescribed therefor, determined with regard to any	62227
extension of time for filing or payment, ~~unless it is shown that~~	62228
~~such failure is due to reasonable cause and not due to willful~~	62229
~~neglect, there shall be added~~the tax commissioner may add to the	62230
amount of tax as finally determined a penalty ~~determined by the~~	62231
~~tax commissioner, in the amount~~ of ~~five~~up to fifteen per cent of	62232
the amount of ~~that tax if the failure is not for more than one~~	62233
~~month, or, if the failure is for more than one month, in the~~	62234
~~amount of five per cent of the amount of that tax plus an~~	62235
~~additional five per cent for each additional month or fraction of~~	62236
~~a month during which the failure continues, not exceeding~~	62237
~~twenty-five per cent in the aggregate. If, due to fraud, there is~~	62238
~~a failure to file the return or an underpayment of tax due under~~	62239
~~this chapter, there shall be added to the amount of tax as finally~~	62240
~~determined a penalty determined by the tax commissioner, in an~~	62241
~~amount not to exceed ten thousand dollars~~the tax due and unpaid.	62242
The ~~penalties~~penalty imposed by this section shall be collected	62243
~~at the same time and~~ in the same manner as the tax ~~itself~~.	62244

The ~~penalties~~penalty shall be charged against the executor,	62245
administrator, or other person having custody or control of any	62246
property the transfer of which is subject to estate tax, and such	62247
executor, administrator, or other person is personally liable for	62248
the ~~penalties. Such penalties~~penalty. The penalty shall be	62249
divided in the same manner prescribed for the division of the tax	62250
in sections 5731.50 and 5731.51 of the Revised Code.	62251

Sec. 5731.23. (A) Subject to division (A) of section 5731.25	62252
of the Revised Code or any other statute extending the time for	62253
payment of an estate tax, the tax levied by section 5731.02 and	62254
division (A) of section 5731.19 of the Revised Code shall, without	62255
notice or demand by the tax commissioner, be due and payable by	62256
the person liable for it, at the expiration of nine months from	62257
the date of the decedent's death, to the treasurer of the county.	62258
If any amount of tax levied by section 5731.02 or division (A) of	62259
section 5731.19 of the Revised Code is not paid on or before nine	62260
months from the date of the decedent's death, interest on such	62261
amount shall be paid for the period from such date to the date	62262
paid, computed at the rate ~~per annum prescribed by~~determined by	62263
the tax commissioner under division (B) of section 5703.47 of the	62264
Revised Code. Interest at the same rate shall be paid on any	62265
amount of tax determined to be due by way of deficiency from nine	62266
months from the date of the decedent's death to the date of	62267
payment thereof. Such interest shall be charged and collected in	62268
the same manner as the tax.	62269

(B) Interest computed at the rate ~~per annum prescribed by~~	62270
described in division (C) of section 5703.47 of the Revised Code	62271
shall be allowed and paid upon any overpayment of tax levied by	62272
section 5731.02 or division (A) of section 5731.19 of the Revised	62273
Code from nine months from the date of the decedent's death or the	62274
date of payment of the tax, whichever is later, to the date such	62275
overpayment is repaid. Such payment may be made upon an estimated	62276
basis whether or not a return is filed, and shall be charged and	62277
collected in the same manner as provided in section 5731.21 of the	62278
Revised Code.	62279

(C) At any time after nine months from the date of the	62280
decedent's death, payment of an estimated deficiency may be made	62281
and shall be credited against any deficiency of tax finally	62282
determined. Interest on any deficiency ultimately determined to be	62283
due shall be charged only upon the unpaid portion thereof.	62284

Sec. 5731.39. (A) No corporation organized or existing under	62285
the laws of this state shall transfer on its books or issue a new	62286
certificate for any share of its capital stock registered in the	62287
name of a decedent, or in trust for a decedent, or in the name of	62288
a decedent and another person or persons, without the written	62289
consent of the tax commissioner.	62290

(B) No safe deposit company, trust company, financial	62291
institution as defined in division (A) of section 5725.01 of the	62292
Revised Code or other corporation or person, having in possession,	62293
control, or custody a deposit standing in the name of a decedent,	62294
or in trust for a decedent, or in the name of a decedent and	62295
another person or persons, shall deliver or transfer an amount in	62296
excess of three-fourths of the total value of such deposit,	62297
including accrued interest and dividends, as of the date of	62298
decedent's death, without the written consent of the tax	62299
commissioner. The written consent of the tax commissioner need not	62300
be obtained prior to the delivery or transfer of amounts having a	62301
value of three-fourths or less of said total value.	62302

(C) No life insurance company shall pay the proceeds of an	62303
annuity or matured endowment contract, or of a life insurance	62304
contract payable to the estate of a decedent, or of any other	62305
insurance contract taxable under Chapter 5731. of the Revised	62306
Code, without the written consent of the tax commissioner. Any	62307
life insurance company may pay the proceeds of any insurance	62308
contract not specified in this division (C) without the written	62309
consent of the tax commissioner.	62310

(D) No trust company or other corporation or person shall pay	62311
the proceeds of any death benefit, retirement, pension or profit	62312
sharing plan in excess of two thousand dollars, without the	62313
written consent of the tax commissioner. Such trust company or	62314
other corporation or person, however, may pay the proceeds of any	62315
death benefit, retirement, pension, or profit-sharing plan which	62316
consists of insurance on the life of the decedent payable to a	62317
beneficiary other than the estate of the insured without the	62318
written consent of the tax commissioner.	62319

(E) No safe deposit company, trust company, financial	62320
institution as defined in division (A) of section 5725.01 of the	62321
Revised Code, or other corporation or person, having in	62322
possession, control, or custody securities, assets, or other	62323
property (including the shares of the capital stock of, or other	62324
interest in, such safe deposit company, trust company, financial	62325
institution as defined in division (A) of section 5725.01 of the	62326
Revised Code, or other corporation), standing in the name of a	62327
decedent, or in trust for a decedent, or in the name of a decedent	62328
and another person or persons, and the transfer of which is	62329
taxable under Chapter 5731. of the Revised Code, shall deliver or	62330
transfer any such securities, assets, or other property which have	62331
a value as of the date of decedent's death in excess of	62332
three-fourths of the total value thereof, without the written	62333
consent of the tax commissioner. The written consent of the tax	62334
commissioner need not be obtained prior to the delivery or	62335
transfer of any such securities, assets, or other property having	62336
a value of three-fourths or less of said total value.	62337

(F) No safe deposit company, financial institution as defined	62338
in division (A) of section 5725.01 of the Revised Code, or other	62339
corporation or person having possession or control of a safe	62340
deposit box or similar receptacle standing in the name of a	62341
decedent or in the name of the decedent and another person or	62342
persons, or to which the decedent had a right of access, except	62343
when such safe deposit box or other receptacle stands in the name	62344
of a corporation or partnership, or in the name of the decedent as	62345
guardian or executor, shall deliver any of the contents thereof	62346
unless the safe deposit box or similar receptacle has been opened	62347
and inventoried in the presence of the tax commissioner or the	62348
commissioner's agent, and a written consent to transfer issued;	62349
provided, however, that a safe deposit company, financial	62350
institution, or other corporation or person having possession or	62351
control of a safe deposit box may deliver wills, deeds to burial	62352
lots, and insurance policies to a representative of the decedent,	62353
but that a representative of the safe deposit company, financial	62354
institution, or other corporation or person must supervise the	62355
opening of the box and make a written record of the wills, deeds,	62356
and policies removed. Such written record shall be included in the	62357
tax commissioner's inventory records.	62358

(G) Notwithstanding any provision of this section:

62359

(1) The tax commissioner may authorize any delivery or	62360
transfer or waive any of the foregoing requirements under such	62361
terms and conditions as the commissioner may prescribe;	62362

(2) An adult care facility, as defined in section 3722.01 of	62363
the Revised Code, or a home, as defined in section 3721.10 of the	62364
Revised Code, may transfer or use the money in a personal needs	62365
allowance account in accordance with section ~~5111.112~~5111.113 of	62366
the Revised Code without the written consent of the tax	62367
commissioner, and without the account having been opened and	62368
inventoried in the presence of the commissioner or the	62369
commissioner's agent.	62370

Failure to comply with this section shall render such safe	62371
deposit company, trust company, life insurance company, financial	62372
institution as defined in division (A) of section 5725.01 of the	62373
Revised Code, or other corporation or person liable for the amount	62374
of the taxes and interest due under the provisions of Chapter	62375
5731. of the Revised Code on the transfer of such stock, deposit,	62376
proceeds of an annuity or matured endowment contract or of a life	62377
insurance contract payable to the estate of a decedent, or other	62378
insurance contract taxable under Chapter 5731. of the Revised	62379
Code, proceeds of any death benefit, retirement, pension, or	62380
profit sharing plan in excess of two thousand dollars, or	62381
securities, assets, or other property of any resident decedent,	62382
and in addition thereto, to a penalty of not less than five	62383
hundred or more than five thousand dollars.	62384

Sec. 5731.41. To enforce section 5731.39 of the Revised	62385
Code, and to administer Chapters 5713. and 4503. of the Revised	62386
Code the tax commissioner may appoint agents in the unclassified	62387
civil service who shall perform such duties as are prescribed by	62388
the commissioner. Such agents shall, as compensation, receive	62389
annually eight cents per capita for each full one thousand of the	62390
first twenty thousand of the population of the county and two	62391
cents per capita for each full one thousand over twenty thousand	62392
of the population of the county, as shown by the last federal	62393
census, which shall be paid in equal monthly installments from the	62394
undivided inheritance or estate tax in the county treasury on the	62395
warrant of the county auditor or from the county real estate	62396
assessment fund pursuant to division (B)(6) of section 325.31 of	62397
the Revised Code, any other provision of law to the contrary	62398
notwithstanding. The amount paid to any agent in the unclassified	62399
service for all of the duties performed ~~in estate tax matters~~	62400
under this section, as directed by the commissioner, shall not	62401
exceed three thousand nor be less than twelve hundred dollars in	62402
any calendar year.	62403

Sec. 5731.99. Whoever violates this chapter, or any lawful	62404
rule promulgated by the tax commissioner under authority of this	62405
chapter, for the violation of which no other penalty is provided	62406
in this chapter, shall be fined not less than ~~one~~five hundred or	62407
more than ~~five~~ten thousand dollars.	62408

Sec. 5733.01. (A) The tax provided by this chapter for	62409
domestic corporations shall be the amount charged against each	62410
corporation organized for profit under the laws of this state and	62411
each nonprofit corporation organized pursuant to Chapter 1729. of	62412
the Revised Code, except as provided in sections 5733.09 and	62413
5733.10 of the Revised Code, for the privilege of exercising its	62414
franchise during the calendar year in which that amount is	62415
payable, and the tax provided by this chapter for foreign	62416
corporations shall be the amount charged against each corporation	62417
organized for profit and each nonprofit corporation organized or	62418
operating in the same or similar manner as nonprofit corporations	62419
organized under Chapter 1729. of the Revised Code, under the laws	62420
of any state or country other than this state, except as provided	62421
in sections 5733.09 and 5733.10 of the Revised Code, for the	62422
privilege of doing business in this state, owning or using a part	62423
or all of its capital or property in this state, holding a	62424
certificate of compliance with the laws of this state authorizing	62425
it to do business in this state, or otherwise having nexus in or	62426
with this state under the Constitution of the United States,	62427
during the calendar year in which that amount is payable.	62428

(B) A corporation is subject to the tax imposed by section	62429
5733.06 of the Revised Code for each calendar year that it is so	62430
organized, doing business, owning or using a part or all of its	62431
capital or property, holding a certificate of compliance, or	62432
otherwise having nexus in or with this state under the	62433
Constitution of the United States, on the first day of January of	62434
that calendar year.	62435

(C) Any corporation subject to this chapter that is not	62436
subject to the federal income tax shall file its returns and	62437
compute its tax liability as required by this chapter in the same	62438
manner as if that corporation were subject to the federal income	62439
tax.	62440

(D) For purposes of this chapter, a federally chartered	62441
financial institution shall be deemed to be organized under the	62442
laws of the state within which its principal office is located.	62443

(E) ~~Any~~For purposes of this chapter, any person, as defined	62444
in section 5701.01 of the Revised Code, shall be treated as a	62445
corporation ~~for purposes of this chapter~~ if the person is	62446
classified for federal income tax purposes as an association	62447
taxable as a corporation, and an equity interest in the person	62448
shall be treated as capital stock of the person.	62449

(F) For the purposes of this chapter, "disregarded entity"	62450
has the same meaning as in division (D) of section 5745.01 of the	62451
Revised Code.	62452

(1) A person's interest in a disregarded entity, whether held	62453
directly or indirectly, shall be treated as the person's ownership	62454
of the assets and liabilities of the disregarded entity, and the	62455
income, including gain or loss, shall be included in the person's	62456
net income under this chapter.	62457

(2) Any sale, exchange, or other disposition of the person's	62458
interest in the disregarded entity, whether held directly or	62459
indirectly, shall be treated as a sale, exchange, or other	62460
disposition of the person's share of the disregarded entity's	62461
underlying assets or liabilities, and the gain or loss from such	62462
sale, exchange, or disposition shall be included in the person's	62463
net income under this chapter.	62464

(3) The disregarded entity's payroll, property, and sales	62465
factors shall be included in the person's factors.	62466

(G) The tax a corporation is required to pay under this	62467
chapter shall be as follows:	62468

(1)(a) For financial institutions, the greater of the minimum	62469
payment required under division (E) of section 5733.06 of the	62470
Revised Code or the difference between all taxes charged the	62471
financial institution under this chapter, without regard to	62472
division (G)(2) of this section, less any credits allowable	62473
against such tax.	62474

(b) A corporation satisfying the description in division	62475
(E)(5), (6), (7), or (8) of section 5751.01 of the Revised Code	62476
that is not a financial institution, insurance company, or dealer	62477
in intangibles is subject to the taxes imposed under this chapter	62478
as a corporation and not subject to tax as a financial	62479
institution, and shall pay the greater of the minimum payment	62480
required under division (E) of section 5733.06 of the Revised Code	62481
or the difference between all the taxes charged under this	62482
chapter, without regard to division (G)(2) of this section, less	62483
any credits allowable against such tax.	62484

(2) For all corporations other than those persons described	62485
in division (G)(1)(a) or (b) of this section, the amount under	62486
division (G)(2)(a) of this section applicable to the tax year	62487
specified less the amount under division (G)(2)(b) of this	62488
section:	62489

(a)(i) For tax year 2005, the greater of the minimum payment	62490
required under division (E) of section 5733.06 of the Revised Code	62491
or the difference between all taxes charged the corporation under	62492
this chapter less any credits allowable against such tax;	62493

(ii) For tax year 2006, the greater of the minimum payment	62494
required under division (E) of section 5733.06 of the Revised Code	62495
or four-fifths of the difference between all taxes charged the	62496
corporation under this chapter less any credits allowable against	62497
such tax except the qualifying pass-through entity tax credit	62498
described in division (A)(1) and the refundable credits described	62499
in divisions (A)(29), (30), and (31) of section 5733.98 of the	62500
Revised Code;	62501

(iii) For tax year 2007, the greater of the minimum payment	62502
required under division (E) of section 5733.06 of the Revised Code	62503
or three-fifths of the difference between all taxes charged the	62504
corporation under this chapter less any credits allowable against	62505
such tax except the qualifying pass-through entity tax credit	62506
described in division (A)(1) and the refundable credits described	62507
in divisions (A)(29), (30), and (31) of section 5733.98 of the	62508
Revised Code;	62509

(iv) For tax year 2008, the greater of the minimum payment	62510
required under division (E) of section 5733.06 of the Revised Code	62511
or two-fifths of the difference between all taxes charged the	62512
corporation under this chapter less any credits allowable against	62513
such tax except the qualifying pass-through entity tax credit	62514
described in division (A)(1) and the refundable credits described	62515
in divisions (A)(29), (30), and (31) of section 5733.98 of the	62516
Revised Code except the qualifying pass-through entity tax credit	62517
under division (A)(1) and the refundable credits under divisions	62518
(A)(29), (30), and (31) of section 5733.98 of the Revised Code;	62519

(v) For tax year 2009, the greater of the minimum payment	62520
required under division (E) of section 5733.06 of the Revised Code	62521
or one-fifth of the difference between all taxes charged the	62522
corporation under this chapter less any credits allowable against	62523
such tax except the qualifying pass-through entity tax credit	62524
described in division (A)(1) and the refundable credits described	62525
in divisions (A)(29), (30), and (31) of section 5733.98 of the	62526
Revised Code except the qualifying pass-through entity tax credit	62527
under division (A)(1) and the refundable credits under divisions	62528
(A)(29), (30), and (31) of section 5733.98 of the Revised Code;	62529

(vi) For tax year 2010 and each tax year thereafter, no tax.

62530

(b) A corporation shall subtract from the amount calculated	62531
under division (G)(2)(a)(ii), (iii), (iv), or (v) of this section	62532
any qualifying pass-through entity tax credit described in	62533
division (A)(1) and any refundable credit described in division	62534
(A)(29), (30), or (31) of section 5733.98 of the Revised Code to	62535
which the corporation is entitled. Any unused qualifying	62536
pass-through entity tax credit is not refundable.	62537

(c) For the purposes of computing the amount of a credit that	62538
may be carried forward to a subsequent tax year under division	62539
(G)(2) of this section, a credit is utilized against the tax for a	62540
tax year to the extent the credit applies against the tax for that	62541
tax year, even if the difference is then multiplied by the	62542
fraction under division (G)(2)(a) of this section.	62543

(3) Nothing in division (G) of this section eliminates or	62544
reduces the tax imposed by section 5733.41 of the Revised Code on	62545
a qualifying pass-through entity.	62546

Sec. 5733.065. (A) As used in this section, "litter stream	62547
products" means:	62548

(1) Intoxicating liquor, beer, wine, mixed beverages, or	62549
spirituous liquor as defined in section 4301.01 of the Revised	62550
Code;	62551

(2) Soft drinks as defined in section 913.22 of the Revised	62552
Code;	62553

(3) Glass, metal, plastic, or fiber containers with a	62554
capacity of less than two gallons sold for the purpose of being	62555
incorporated into or becoming a part of a product enumerated in	62556
divisions (A)(1) and (2) of this section;	62557

(4) Container crowns and closures sold for the purpose of	62558
being incorporated into or becoming a part of a product enumerated	62559
in divisions (A)(1) and (2) of this section;	62560

(5) Packaging materials transferred or intended for transfer	62561
of use or possession in conjunction with retail sales of products	62562
enumerated in divisions (A)(1) and (2) of this section;	62563

(6) Packaging materials in the finished form in which they	62564
are to be used, including sacks, bags, cups, lids, straws, plates,	62565
wrappings, boxes, or containers of any type used in the packaging	62566
or serving of food or beverages, when the food or beverages are	62567
prepared for human consumption by a restaurant or take-out food	62568
outlet at the premises where sold at retail and are delivered to a	62569
purchaser for consumption off the premises where the food or	62570
beverages are sold;	62571

(7) Cigarettes, cigars, tobacco, matches, candy, and gum.

62572

(B) For the purpose of providing additional funding for ~~the~~	62573
~~division of~~ recycling and litter prevention ~~under Chapter 1502. of~~	62574
~~the Revised Code~~, there is hereby levied an additional tax on	62575
corporations for the privilege of manufacturing or selling litter	62576
stream products in this state. The tax imposed by this section is	62577
in addition to the tax charged under section 5733.06 of the	62578
Revised Code, computed at the rate prescribed by section 5733.066	62579
of the Revised Code. ~~This section does not apply for tax year 1981~~	62580
~~to a corporation whose taxable year for tax year 1981 ended on or~~	62581
~~before June 30, 1980.~~	62582

(C) The tax shall be imposed upon each corporation subject to	62583
the tax imposed by section 5733.06 of the Revised Code that	62584
manufactures or sells litter stream products in this state. The	62585
tax for each year shall be in an amount equal to the greater of	62586
either:	62587

(1) Twenty-two hundredths of one per cent upon the value of	62588
that portion of the taxpayer's issued and outstanding shares of	62589
stock as determined under division (B) of section 5733.05 of the	62590
Revised Code that is subject to the rate contained in division (B)	62591
of section 5733.06 of the Revised Code;	62592

(2) Fourteen one-hundredths of a mill times the value of the	62593
taxpayer's issued and outstanding shares of stock as determined	62594
under division (C) of section 5733.05 of the Revised Code.	62595

The additional tax charged any taxpayer or group of combined	62596
taxpayers pursuant to this section for any tax year shall not	62597
exceed five thousand dollars.	62598

(D)(1) In the case of a corporation engaged in the business	62599
of manufacturing litter stream products, no tax shall be due under	62600
this section unless the sale of litter stream products in this	62601
state during the taxable year exceeds five per cent of the total	62602
sales in this state of the corporation during that period or	62603
unless the total sales in this state of litter stream products by	62604
the corporation during the taxable year exceed ten million	62605
dollars.	62606

(2) In the case of a corporation engaged in the business of	62607
selling litter stream products in the form in which the item is or	62608
is to be received, no tax shall be due under this section unless	62609
the corporation's sales of litter stream products in this state	62610
during the taxable year constitute more than five per cent of its	62611
total sales in this state during that period.	62612

(3) In the case of a corporation transferring possession of	62613
litter stream products included in division (A)(6) of this	62614
section, in which food or beverages prepared for human consumption	62615
are placed, when the food or beverages are prepared for retail	62616
sale at the premises where sold and are delivered to a purchaser	62617
for consumption off the premises where the food or beverages are	62618
sold, no tax shall be due under this section unless such sales for	62619
off-premises consumption during the taxable year exceed five per	62620
cent of the corporation's total annual sales during the taxable	62621
year.	62622

(E)(1) The tax imposed by this section is due in the	62623
proportions and on the dates on which the tax imposed by section	62624
5733.06 of the Revised Code may be paid without penalty.	62625

(2) Payment of the tax and any reports or returns required to	62626
enable the tax commissioner to determine the correct amount of the	62627
tax shall be submitted with and are due at the same time as	62628
payments and reports required to be submitted under this chapter.	62629

(3) If the tax is not paid in full on or before the date	62630
required by division (E)(1) of this section, the unpaid portion of	62631
the tax due and unpaid shall be subject to all provisions of this	62632
chapter for the collection of unpaid, delinquent taxes imposed by	62633
section 5733.06 of the Revised Code, except that all such taxes,	62634
interest, and penalties, when collected, shall be treated as	62635
proceeds arising from the tax imposed by this section and shall be	62636
deposited in the general revenue fund.	62637

The tax levied on corporations under this section does not	62638
prohibit or otherwise limit the authority of municipal	62639
corporations to impose an income tax on the income of such	62640
corporations.	62641

Sec. 5733.066. There shall be added to the rates contained	62642
in section 5733.06 of the Revised Code the following:	62643

(A) To the rate in division (A) of that section upon that	62644
portion of the value of the taxpayer's issued and outstanding	62645
shares of stock as determined under division (B) of section	62646
5733.05 of the Revised Code that is subject to such rate, an	62647
additional eleven-hundredths per cent upon that value to provide	62648
funding for ~~the division of~~ recycling and litter prevention ~~under~~	62649
~~Chapter 1502. of the Revised Code~~;	62650

(B) To the rate in division (B) of that section upon that	62651
portion of the value so determined that is subject to that rate,	62652
an additional twenty-two-hundredths per cent upon that value to	62653
provide funding for ~~the division~~ recycling and litter prevention	62654
~~under Chapter 1502. of the Revised Code~~;	62655

(C) To the rate in division (C) of that section times that	62656
portion of the value of the taxpayer's issued and outstanding	62657
shares of stock as determined under division (C) of section	62658
5733.05 of the Revised Code, an additional fourteen one-hundredths	62659
mills times that value to provide funding for ~~the division of~~	62660
recycling and litter prevention ~~under Chapter 1502. of the Revised~~	62661
~~Code~~.	62662

The additional tax charged any taxpayer or group of combined	62663
taxpayers pursuant to this section for any tax year shall not	62664
exceed five thousand dollars.	62665

This section does not apply to any family farm corporation as	62666
defined in section 4123.01 of the Revised Code.	62667

The tax levied on corporations under this section does not	62668
prohibit or otherwise limit the authority of municipal	62669
corporations to impose an income tax on the income of such	62670
corporations.	62671

Sec. 5733.33. (A) As used in this section:

62672

(1) "Manufacturing machinery and equipment" means engines and	62673
machinery, and tools and implements, of every kind used, or	62674
designed to be used, in refining and manufacturing. "Manufacturing	62675
machinery and equipment" does not include property acquired after	62676
December 31, 1999, that is used:	62677

(a) For the transmission and distribution of electricity;

62678

(b) For the generation of electricity, if fifty per cent or	62679
more of the electricity that the property generates is consumed,	62680
during the one-hundred-twenty-month period commencing with the	62681
date the property is placed in service, by persons that are not	62682
related members to the person who generates the electricity.	62683

(2) "New manufacturing machinery and equipment" means	62684
manufacturing machinery and equipment, the original use in this	62685
state of which commences with the taxpayer or with a partnership	62686
of which the taxpayer is a partner. "New manufacturing machinery	62687
and equipment" does not include property acquired after December	62688
31, 1999, that is used:	62689

(a) For the transmission and distribution of electricity;

62690

(b) For the generation of electricity, if fifty per cent or	62691
more of the electricity that the property generates is consumed,	62692
during the one-hundred-twenty-month period commencing with the	62693
date the property is placed in service, by persons that are not	62694
related members to the person who generates the electricity.	62695

(3)(a) "Purchase" has the same meaning as in section	62696
179(d)(2) of the Internal Revenue Code.	62697

(b) For purposes of this section, any property that is not	62698
manufactured or assembled primarily by the taxpayer is considered	62699
purchased at the time the agreement to acquire the property	62700
becomes binding. Any property that is manufactured or assembled	62701
primarily by the taxpayer is considered purchased at the time the	62702
taxpayer places the property in service in the county for which	62703
the taxpayer will calculate the county excess amount.	62704

(c) Notwithstanding section 179(d) of the Internal Revenue	62705
Code, a taxpayer's direct or indirect acquisition of new	62706
manufacturing machinery and equipment is not purchased on or after	62707
July 1, 1995, if the taxpayer, or a person whose relationship to	62708
the taxpayer is described in subparagraphs (A), (B), or (C) of	62709
section 179(d)(2) of the Internal Revenue Code, had directly or	62710
indirectly entered into a binding agreement to acquire the	62711
property at any time prior to July 1, 1995.	62712

(4) "Qualifying period" means the period that begins July 1,	62713
1995, and ends ~~December 31, 2015~~June 30, 2005.	62714

(5) "County average new manufacturing machinery and equipment	62715
investment" means either of the following:	62716

(a) The average annual cost of new manufacturing machinery	62717
and equipment purchased for use in the county during baseline	62718
years, in the case of a taxpayer that was in existence for more	62719
than one year during baseline years.	62720

(b) Zero, in the case of a taxpayer that was not in existence	62721
for more than one year during baseline years.	62722

(6) "Partnership" includes a limited liability company formed	62723
under Chapter 1705. of the Revised Code or under the laws of any	62724
other state, provided that the company is not classified for	62725
federal income tax purposes as an association taxable as a	62726
corporation.	62727

(7) "Partner" includes a member of a limited liability	62728
company formed under Chapter 1705. of the Revised Code or under	62729
the laws of any other state, provided that the company is not	62730
classified for federal income tax purposes as an association	62731
taxable as a corporation.	62732

(8) "Distressed area" means either a municipal corporation	62733
that has a population of at least fifty thousand or a county that	62734
meets two of the following criteria of economic distress, or a	62735
municipal corporation the majority of the population of which is	62736
situated in such a county:	62737

(a) Its average rate of unemployment, during the most recent	62738
five-year period for which data are available, is equal to at	62739
least one hundred twenty-five per cent of the average rate of	62740
unemployment for the United States for the same period;	62741

(b) It has a per capita income equal to or below eighty per	62742
cent of the median county per capita income of the United States	62743
as determined by the most recently available figures from the	62744
United States census bureau;	62745

(c)(i) In the case of a municipal corporation, at least	62746
twenty per cent of the residents have a total income for the most	62747
recent census year that is below the official poverty line;	62748

(ii) In the case of a county, in intercensal years, the	62749
county has a ratio of transfer payment income to total county	62750
income equal to or greater than twenty-five per cent.	62751

(9) "Eligible area" means a distressed area, a labor surplus	62752
area, an inner city area, or a situational distress area.	62753

(10) "Inner city area" means, in a municipal corporation that	62754
has a population of at least one hundred thousand and does not	62755
meet the criteria of a labor surplus area or a distressed area,	62756
targeted investment areas established by the municipal corporation	62757
within its boundaries that are comprised of the most recent census	62758
block tracts that individually have at least twenty per cent of	62759
their population at or below the state poverty level or other	62760
census block tracts contiguous to such census block tracts.	62761

(11) "Labor surplus area" means an area designated as a labor	62762
surplus area by the United States department of labor.	62763

(12) "Official poverty line" has the same meaning as in	62764
division (A) of section 3923.51 of the Revised Code.	62765

(13) "Situational distress area" means a county or a	62766
municipal corporation that has experienced or is experiencing a	62767
closing or downsizing of a major employer, that will adversely	62768
affect the county's or municipal corporation's economy. In order	62769
to be designated as a situational distress area for a period not	62770
to exceed thirty-six months, the county or municipal corporation	62771
may petition the director of development. The petition shall	62772
include written documentation that demonstrates all of the	62773
following adverse effects on the local economy:	62774

(a) The number of jobs lost by the closing or downsizing;

62775

(b) The impact that the job loss has on the county's or	62776
municipal corporation's unemployment rate as measured by the state	62777
director of job and family services;	62778

62779

(d) The amount of state and local taxes associated with the	62780
job loss;	62781

(e) The impact that the closing or downsizing has on the	62782
suppliers located in the county or municipal corporation.	62783

(14) "Cost" has the same meaning and limitation as in section	62784
179(d)(3) of the Internal Revenue Code.	62785

(15) "Baseline years" means:

62786

(a) Calendar years 1992, 1993, and 1994, with regard to a	62787
credit claimed for the purchase during calendar year 1995, 1996,	62788
1997, or 1998 of new manufacturing machinery and equipment;	62789

(b) Calendar years 1993, 1994, and 1995, with regard to a	62790
credit claimed for the purchase during calendar year 1999 of new	62791
manufacturing machinery and equipment;	62792

(c) Calendar years 1994, 1995, and 1996, with regard to a	62793
credit claimed for the purchase during calendar year 2000 of new	62794
manufacturing machinery and equipment;	62795

(d) Calendar years 1995, 1996, and 1997, with regard to a	62796
credit claimed for the purchase during calendar year 2001 of new	62797
manufacturing machinery and equipment;	62798

(e) Calendar years 1996, 1997, and 1998, with regard to a	62799
credit claimed for the purchase during calendar year 2002 of new	62800
manufacturing machinery and equipment;	62801

(f) Calendar years 1997, 1998, and 1999, with regard to a	62802
credit claimed for the purchase during calendar year 2003 of new	62803
manufacturing machinery and equipment;	62804

(g) Calendar years 1998, 1999, and 2000, with regard to a	62805
credit claimed for the purchase during calendar year 2004 of new	62806
manufacturing machinery and equipment;	62807

(h) Calendar years 1999, 2000, and 2001, with regard to a	62808
credit claimed for the purchase ~~during calendar year 2005~~on or	62809
after January 1, 2005, and on or before June 30, 2005, of new	62810
manufacturing machinery and equipment;	62811

~~(i) Calendar years 2000, 2001, and 2002, with regard to a~~	62812
~~credit claimed for the purchase during calendar year 2006 of new~~	62813
~~manufacturing machinery and equipment;~~	62814

~~(j) Calendar years 2001, 2002, and 2003, with regard to a~~	62815
~~credit claimed for the purchase during calendar year 2007 of new~~	62816
~~manufacturing machinery and equipment;~~	62817

~~(k) Calendar years 2002, 2003, and 2004, with regard to a~~	62818
~~credit claimed for the purchase during calendar year 2008 of new~~	62819
~~manufacturing machinery and equipment;~~	62820

~~(l) Calendar years 2003, 2004, and 2005, with regard to a~~	62821
~~credit claimed for the purchase during calendar year 2009 of new~~	62822
~~manufacturing machinery and equipment;~~	62823

~~(m) Calendar years 2004, 2005, and 2006, with regard to a~~	62824
~~credit claimed for the purchase during calendar year 2010 of new~~	62825
~~manufacturing machinery and equipment;~~	62826

~~(n) Calendar years 2005, 2006, and 2007, with regard to a~~	62827
~~credit claimed for the purchase during calendar year 2011 of new~~	62828
~~manufacturing machinery and equipment;~~	62829

~~(o) Calendar years 2006, 2007, and 2008, with regard to a~~	62830
~~credit claimed for the purchase during calendar year 2012 of new~~	62831
~~manufacturing machinery and equipment;~~	62832

~~(p) Calendar years 2007, 2008, and 2009, with regard to a~~	62833
~~credit claimed for the purchase during calendar year 2013 of new~~	62834
~~manufacturing machinery and equipment;~~	62835

~~(q) Calendar years 2008, 2009, and 2010, with regard to a~~	62836
~~credit claimed for the purchase during calendar year 2014 of new~~	62837
~~manufacturing machinery and equipment;~~	62838

~~(r) Calendar years 2009, 2010, and 2011, with regard to a~~	62839
~~credit claimed for the purchase during calendar year 2015 of new~~	62840
~~manufacturing machinery and equipment~~.	62841

(16) "Related member" has the same meaning as in section	62842
5733.042 of the Revised Code.	62843

(B)(1) Subject to division (I) of this section, a	62844
nonrefundable credit is allowed against the tax imposed by section	62845
5733.06 of the Revised Code for a taxpayer that purchases new	62846
manufacturing machinery and equipment during the qualifying	62847
period, provided that the new manufacturing machinery and	62848
equipment are installed in this state no later than ~~December 31,~~	62849
~~2016~~ June 30, 2006.	62850

(2)(a) Except as otherwise provided in division (B)(2)(b) of	62851
this section, a credit may be claimed under this section in excess	62852
of one million dollars only if the cost of all manufacturing	62853
machinery and equipment owned in this state by the taxpayer	62854
claiming the credit on the last day of the calendar year exceeds	62855
the cost of all manufacturing machinery and equipment owned in	62856
this state by the taxpayer on the first day of that calendar year.	62857

As used in division (B)(2)(a) of this section, "calendar	62858
year" means the calendar year in which the machinery and equipment	62859
for which the credit is claimed was purchased.	62860

(b) Division (B)(2)(a) of this section does not apply if the	62861
taxpayer claiming the credit applies for and is issued a waiver of	62862
the requirement of that division. A taxpayer may apply to the	62863
director of development for such a waiver in the manner prescribed	62864
by the director, and the director may issue such a waiver if the	62865
director determines that granting the credit is necessary to	62866
increase or retain employees in this state, and that the credit	62867
has not caused relocation of manufacturing machinery and equipment	62868
among counties within this state for the primary purpose of	62869
qualifying for the credit.	62870

(C)(1) Except as otherwise provided in division (C)(2) and	62871
division (I) of this section, the credit amount is equal to seven	62872
and one-half per cent of the excess of the cost of the new	62873
manufacturing machinery and equipment purchased during the	62874
calendar year for use in a county over the county average new	62875
manufacturing machinery and equipment investment for that county.	62876

(2) Subject to division (I) of this section, as used in	62877
division (C)(2) of this section "county excess" means the	62878
taxpayer's excess cost for a county as computed under division	62879
(C)(1) of this section.	62880

Subject to division (I) of this section, a taxpayer with a	62881
county excess, whose purchases included purchases for use in any	62882
eligible area in the county, the credit amount is equal to	62883
thirteen and one-half per cent of the cost of the new	62884
manufacturing machinery and equipment purchased during the	62885
calendar year for use in the eligible areas in the county,	62886
provided that the cost subject to the thirteen and one-half per	62887
cent rate shall not exceed the county excess. If the county excess	62888
is greater than the cost of the new manufacturing machinery and	62889
equipment purchased during the calendar year for use in eligible	62890
areas in the county, the credit amount also shall include an	62891
amount equal to seven and one-half per cent of the amount of the	62892
difference.	62893

(3) If a taxpayer is allowed a credit for purchases of new	62894
manufacturing machinery and equipment in more than one county or	62895
eligible area, it shall aggregate the amount of those credits each	62896
year.	62897

(4) The taxpayer shall claim one-seventh of the credit amount	62898
for the tax year immediately following the calendar year in which	62899
the new manufacturing machinery and equipment is purchased for use	62900
in the county by the taxpayer or partnership. One-seventh of the	62901
taxpayer credit amount is allowed for each of the six ensuing tax	62902
years. Except for carried-forward amounts, the taxpayer is not	62903
allowed any credit amount remaining if the new manufacturing	62904
machinery and equipment is sold by the taxpayer or partnership or	62905
is transferred by the taxpayer or partnership out of the county	62906
before the end of the seven-year period unless, at the time of the	62907
sale or transfer, the new manufacturing machinery and equipment	62908
has been fully depreciated for federal income tax purposes.	62909

(5)(a) A taxpayer that acquires manufacturing machinery and	62910
equipment as a result of a merger with the taxpayer with whom	62911
commenced the original use in this state of the manufacturing	62912
machinery and equipment, or with a taxpayer that was a partner in	62913
a partnership with whom commenced the original use in this state	62914
of the manufacturing machinery and equipment, is entitled to any	62915
remaining or carried-forward credit amounts to which the taxpayer	62916
was entitled.	62917

(b) A taxpayer that enters into an agreement under division	62918
(C)(3) of section 5709.62 of the Revised Code and that acquires	62919
manufacturing machinery or equipment as a result of purchasing a	62920
large manufacturing facility, as defined in section 5709.61 of the	62921
Revised Code, from another taxpayer with whom commenced the	62922
original use in this state of the manufacturing machinery or	62923
equipment, and that operates the large manufacturing facility so	62924
purchased, is entitled to any remaining or carried-forward credit	62925
amounts to which the other taxpayer who sold the facility would	62926
have been entitled under this section had the other taxpayer not	62927
sold the manufacturing facility or equipment.	62928

(c) New manufacturing machinery and equipment is not	62929
considered sold if a pass-through entity transfers to another	62930
pass-through entity substantially all of its assets as part of a	62931
plan of reorganization under which substantially all gain and loss	62932
is not recognized by the pass-through entity that is transferring	62933
the new manufacturing machinery and equipment to the transferee	62934
and under which the transferee's basis in the new manufacturing	62935
machinery and equipment is determined, in whole or in part, by	62936
reference to the basis of the pass-through entity which	62937
transferred the new manufacturing machinery and equipment to the	62938
transferee.	62939

(d) Division (C)(5) of this section shall apply only if the	62940
acquiring taxpayer or transferee does not sell the new	62941
manufacturing machinery and equipment or transfer the new	62942
manufacturing machinery and equipment out of the county before the	62943
end of the seven-year period to which division (C)(4) of this	62944
section refers.	62945

(e) Division (C)(5)(b) of this section applies only to the	62946
extent that the taxpayer that sold the manufacturing machinery or	62947
equipment, upon request, timely provides to the tax commissioner	62948
any information that the tax commissioner considers to be	62949
necessary to ascertain any remaining or carried-forward amounts to	62950
which the taxpayer that sold the facility would have been entitled	62951
under this section had the taxpayer not sold the manufacturing	62952
machinery or equipment. Nothing in division (C)(5)(b) or (e) of	62953
this section shall be construed to allow a taxpayer to claim any	62954
credit amount with respect to the acquired manufacturing machinery	62955
or equipment that is greater than the amount that would have been	62956
available to the other taxpayer that sold the manufacturing	62957
machinery or equipment had the other taxpayer not sold the	62958
manufacturing machinery or equipment.	62959

(D) The taxpayer shall claim the credit in the order required	62960
under section 5733.98 of the Revised Code. Each year, any credit	62961
amount in excess of the tax due under section 5733.06 of the	62962
Revised Code after allowing for any other credits that precede the	62963
credit under this section in that order may be carried forward for	62964
three tax years.	62965

(E) A taxpayer purchasing new manufacturing machinery and	62966
equipment and intending to claim the credit shall file, with the	62967
department of development, a notice of intent to claim the credit	62968
on a form prescribed by the department of development. The	62969
department of development shall inform the tax commissioner of the	62970
notice of intent to claim the credit. No credit may be claimed	62971
under this section for any manufacturing machinery and equipment	62972
with respect to which a notice was not filed on or before	62973
September 30, 2005.	62974

(F) The director of development shall annually certify, by	62975
the first day of January of each year during the qualifying	62976
period, the eligible areas for the tax credit for the calendar	62977
year that includes that first day of January. The director shall	62978
send a copy of the certification to the tax commissioner.	62979

(G) New manufacturing machinery and equipment for which a	62980
taxpayer claims the credit under section 5733.31, 5733.311,	62981
5747.26, or 5747.261 of the Revised Code shall not be considered	62982
new manufacturing machinery and equipment for purposes of the	62983
credit under this section.	62984

(H)(1) Notwithstanding sections 5733.11 and 5747.13 of the	62985
Revised Code, but subject to division (H)(2) of this section, the	62986
tax commissioner may issue an assessment against a person with	62987
respect to a credit claimed under this section for new	62988
manufacturing machinery and equipment described in division	62989
(A)(1)(b) or (2)(b) of this section, if the machinery or equipment	62990
subsequently does not qualify for the credit.	62991

(2) Division (H)(1) of this section shall not apply after the	62992
twenty-fourth month following the last day of the period described	62993
in divisions (A)(1)(b) and (2)(b) of this section.	62994

(I) Notwithstanding any other provision of this section to	62995
the contrary, in the case of a qualifying controlled group, the	62996
credit available under this section to a taxpayer or taxpayers in	62997
the qualifying controlled group shall be computed as if all	62998
corporations in the group were a single corporation. The credit	62999
shall be allocated to such a taxpayer or taxpayers in the group in	63000
any amount elected for the taxable year by the group. Such	63001
election shall be revocable and amendable during the period	63002
described in division (B) of section 5733.12 of the Revised Code.	63003

This division applies to all purchases of new manufacturing	63004
machinery and equipment made on or after January 1, 2001, and to	63005
all baseline years used to compute any credit attributable to such	63006
purchases; provided, that this division may be applied solely at	63007
the election of the qualifying controlled group with respect to	63008
all purchases of new manufacturing machinery and equipment made	63009
before that date, and to all baseline years used to compute any	63010
credit attributable to such purchases. The qualifying controlled	63011
group at any time may elect to apply this division to purchases	63012
made prior to January 1, 2001, subject to the following:	63013

(1) The election is irrevocable;

63014

(2) The election need not accompany a timely filed report,	63015
but the election may accompany a subsequently filed but timely	63016
application for refund, a subsequently filed but timely amended	63017
report, or a subsequently filed but timely petition for	63018
reassessment.	63019

Sec. 5733.351. (A) As used in this section, "qualified	63020
research expenses" has the same meaning as in section 41 of the	63021
Internal Revenue Code.	63022

(B)(1) A nonrefundable credit is allowed against the tax	63023
imposed by section 5733.06 of the Revised Code for tax year 2002	63024
for a taxpayer whose taxable year for tax year 2002 ended before	63025
July 1, 2001. The credit shall equal seven per cent of the excess	63026
of qualified research expenses incurred in this state by the	63027
taxpayer between January 1, 2001, and the end of the taxable year,	63028
over the taxpayer's average annual qualified research expenses	63029
incurred in this state for the three preceding taxable years.	63030

(2) A nonrefundable credit also is allowed against the tax	63031
imposed by section 5733.06 of the Revised Code for each tax year,	63032
commencing with tax year 2004, and in the case of a corporation	63033
subject to division (G)(2) of section 5733.01 of the Revised Code	63034
ending with tax year 2008. The credit shall equal seven per cent	63035
of the excess of qualified research expenses incurred in this	63036
state by the taxpayer for the taxable year over the taxpayer's	63037
average annual qualified research expenses incurred in this state	63038
for the three preceding taxable years.	63039

(3) The taxpayer shall claim the credit allowed under	63040
division (B)(1) or (2) of this section in the order required by	63041
section 5733.98 of the Revised Code. Any credit amount in excess	63042
of the tax due under section 5733.06 of the Revised Code, after	63043
allowing for any other credits that precede the credit under this	63044
section in the order required under section 5733.98 of the Revised	63045
Code, may be carried forward for seven taxable years, but the	63046
amount of the excess credit allowed in any such year shall be	63047
deducted from the balance carried forward to the next year. A	63048
corporation subject to division (G)(2) of section 5733.01 of the	63049
Revised Code may carry forward any credit not fully utilized by	63050
tax year 2008 and apply it against the tax levied by Chapter 5751.	63051
of the Revised Code to the extent allowed under section 5751.51 of	63052
the Revised Code, provided that the total number of taxable years	63053
under this section and calendar years under Chapter 5751. of the	63054
Revised Code for which the credit is carried forward shall not	63055
exceed seven.	63056

(C) In the case of a qualifying controlled group, the credit	63057
allowed under division (B)(1) or (2) of this section to taxpayers	63058
in the qualifying controlled group shall be computed as if all	63059
corporations in the qualifying controlled group were a	63060
consolidated, single taxpayer. The credit shall be allocated to	63061
such taxpayers in any amount elected for the taxable year by the	63062
qualifying controlled group. The election shall be revocable and	63063
amendable during the period prescribed by division (B) of section	63064
5733.12 of the Revised Code.	63065

Sec. 5733.352. (A) As used in this section:

63066

(1) "Borrower" means any person that receives a loan from the	63067
director of development under section 166.21 of the Revised Code,	63068
regardless of whether the borrower is subject to the taxes imposed	63069
by sections 5733.06, 5733.065, and 5733.066 of the Revised Code.	63070

(2) "Related member" has the same meaning as in section	63071
5733.042 of the Revised Code.	63072

(3) "Qualified research and development loan payments" has	63073
the same meaning as in division (D) of section 166.21 of the	63074
Revised Code.	63075

(B) Beginning inwith tax year 2004, and in the case of a	63076
corporation subject to division (G)(2) of section 5733.01 of the	63077
Revised Code ending with tax year 2008, a nonrefundable credit is	63078
allowed against the taxes imposed by sections 5733.06, 5733.065,	63079
and 5733.066 of the Revised Code equal to a borrower's qualified	63080
research and development loan payments made during the calendar	63081
year immediately preceding the tax year for which the credit is	63082
claimed. The amount of the credit for a tax year shall not exceed	63083
one hundred fifty thousand dollars. No taxpayer is entitled to	63084
claim a credit under this section unless it has obtained a	63085
certificate issued by the director of development under division	63086
(D) of section 166.21 of the Revised Code. The credit shall be	63087
claimed in the order required under section 5733.98 of the Revised	63088
Code. The credit, to the extent it exceeds the taxpayer's tax	63089
liability for the tax year after allowance for any other credits	63090
that precede the credit under this section in that order, shall be	63091
carried forward to the next succeeding tax year or years until	63092
fully used. A corporation subject to division (G)(2) of section	63093
5733.01 of the Revised Code may carry forward any credit not fully	63094
utilized by tax year 2008 and apply it against the tax levied by	63095
Chapter 5751. of the Revised Code to the extent allowed under	63096
section 5751.52 of the Revised Code.	63097

(C) A borrower entitled to a credit under this section may	63098
assign the credit, or a portion thereof, to any of the following:	63099

(1) A related member of that borrower;

63100

(2) The owner or lessee of the eligible research and	63101
development project;	63102

(3) A related member of the owner or lessee of the eligible	63103
research and development project.	63104

A borrower making an assignment under this division shall	63105
provide written notice of the assignment to the tax commissioner	63106
and the director of development, in such form as the tax	63107
commissioner prescribes, before the credit that was assigned is	63108
used. The assignor may not claim the credit to the extent it was	63109
assigned to an assignee. The assignee may claim the credit only to	63110
the extent the assignor has not claimed it.	63111

(D) If any taxpayer is a partner in a partnership or a member	63112
in a limited liability company treated as a partnership for	63113
federal income tax purposes, the taxpayer shall be allowed the	63114
taxpayer's distributive or proportionate share of the credit	63115
available through the partnership or limited liability company.	63116

(E) The aggregate credit against the taxes imposed by	63117
sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised	63118
Code that may be claimed under this section and section 5747.331	63119
of the Revised Code by a borrower as a result of qualified	63120
research and development loan payments attributable during a	63121
calendar year to any one loan shall not exceed one hundred fifty	63122
thousand dollars.	63123

Sec. 5733.40. As used in sections 5733.40 and 5733.41 and	63124
Chapter 5747. of the Revised Code:	63125

(A)(1) "Adjusted qualifying amount" means either of the	63126
following:	63127

(a) The sum of aeach qualifying investor's distributive	63128
share of the income, gain, expense, or loss of a qualifying	63129
pass-through entity for the qualifying taxable year of the	63130
qualifying pass-through entity multiplied by the apportionment	63131
fraction defined in division (B) of this section, subject to	63132
section 5733.401 of the Revised Code and divisions (A)(2) to (7)	63133
of this section;	63134

(b) The sum of aeach qualifying beneficiary's share of the	63135
qualifying net income and qualifying net gain distributed by a	63136
qualifying trust for the qualifying taxable year of the qualifying	63137
trust multiplied by the apportionment fraction defined in division	63138
(B) of this section, subject to section 5733.401 of the Revised	63139
Code and divisions (A)(2) to ~~(6)~~(7) of this section.	63140

(2) The sum shall exclude any amount which, pursuant to the	63141
Constitution of the United States, the Constitution of Ohio, or	63142
any federal law is not subject to a tax on or measured by net	63143
income.	63144

(3) ~~The sum shall be increased by~~For the purposes of	63145
Chapters 5733. and 5747. of the Revised Code, the profit or net	63146
income of the qualifying entity shall be increased by disallowing	63147
all amounts representing expenses, other than amounts described in	63148
division (A)(7) of this section, that the qualifying entity paid	63149
to or incurred with respect to direct or indirect transactions	63150
with one or more related members, excluding the cost of goods sold	63151
calculated in accordance with section 263A of the Internal Revenue	63152
Code and United States department of the treasury regulations	63153
issued thereunder. Nothing in division (A)(3) of this section	63154
shall be construed to limit solely to this chapter the application	63155
of section 263A of the Internal Revenue Code and United States	63156
department of the treasury regulations issued thereunder.	63157

(4) ~~The sum shall be increased by~~For the purposes of	63158
Chapters 5733. and 5747. of the Revised Code, the profit or net	63159
income of the qualifying entity shall be increased by disallowing	63160
all recognized losses, other than losses from sales of inventory	63161
the cost of which is calculated in accordance with section 263A of	63162
the Internal Revenue Code and United States department of the	63163
treasury regulations issued thereunder, with respect to all direct	63164
or indirect transactions with one or more related members. ~~Losses~~	63165
For the purposes of Chapters 5733. and 5747. of the Revised Code,	63166
losses from the sales of such inventory shall be allowed only to	63167
the extent calculated in accordance with section 482 of the	63168
Internal Revenue Code and United States department of the treasury	63169
regulations issued thereunder. Nothing in division (A)(4) of this	63170
section shall be construed to limit solely to this section the	63171
application of section 263A and section 482 of the Internal	63172
Revenue Code and United States department of the treasury	63173
regulations issued thereunder.	63174

(5) The sum shall be increased or decreased by an amount	63175
equal to the qualifying investor's or qualifying beneficiary's	63176
distributive or proportionate share of the amount that the	63177
qualifying entity would be required to add or deduct under	63178
divisions (A)(20) and (21) of section 5747.01 of the Revised Code	63179
if the qualifying entity were a taxpayer for the purposes of	63180
Chapter 5747. of the Revised Code.	63181

(6) The sum shall be computed without regard to section	63182
5733.051 or division (D) of section 5733.052 of the Revised Code.	63183

(7) For the purposes of Chapters 5733. and 5747. of the	63184
Revised Code, guaranteed payments or compensation paid to	63185
investors by a qualifying entity that is not subject to the tax	63186
imposed by section 5733.06 of the Revised Code shall be considered	63187
a distributive share of income of the qualifying entity. Division	63188
(A)(7) of this section applies only to such payments or such	63189
compensation paid to an investor who at any time during the	63190
qualifying entity's taxable year holds at least a twenty per cent	63191
direct or indirect interest in the profits or capital of the	63192
qualifying entity.	63193

(B) "Apportionment fraction" means:

63194

(1) With respect to a qualifying pass-through entity other	63195
than a financial institution, the fraction calculated pursuant to	63196
division (B)(2) of section 5733.05 of the Revised Code as if the	63197
qualifying pass-through entity were a corporation subject to the	63198
tax imposed by section 5733.06 of the Revised Code;	63199

(2) With respect to a qualifying pass-through entity that is	63200
a financial institution, the fraction calculated pursuant to	63201
division (C) of section 5733.056 of the Revised Code as if the	63202
qualifying pass-through entity were a financial institution	63203
subject to the tax imposed by section 5733.06 of the Revised Code.	63204

(3) With respect to a qualifying trust, the fraction	63205
calculated pursuant to division (B)(2) of section 5733.05 of the	63206
Revised Code as if the qualifying trust were a corporation subject	63207
to the tax imposed by section 5733.06 of the Revised Code, except	63208
that the property, payroll, and sales fractions shall be	63209
calculated by including in the numerator and denominator of the	63210
fractions only the property, payroll, and sales, respectively,	63211
directly related to the production of income or gain from	63212
acquisition, ownership, use, maintenance, management, or	63213
disposition of tangible personal property located in this state at	63214
any time during the qualifying trust's qualifying taxable year or	63215
of real property located in this state.	63216

(C) "Qualifying beneficiary" means any individual that,	63217
during the qualifying taxable year of a qualifying trust, is a	63218
beneficiary of that trust, but does not include an individual who	63219
is a resident taxpayer for the purposes of Chapter 5747. of the	63220
Revised Code for the entire qualifying taxable year of the	63221
qualifying trust.	63222

(D) "Fiscal year" means an accounting period ending on any	63223
day other than the thirty-first day of December.	63224

(E) "Individual" means a natural person.

63225

(F) "Month" means a calendar month.

63226

(G) "Partnership" has the same meaning as in section 5747.01	63227
of the Revised Code.	63228

(H) "Investor" means any person that, during any portion of a	63229
taxable year of a qualifying pass-through entity, is a partner,	63230
member, shareholder, or investor in that qualifying pass-through	63231
entity.	63232

(I) Except as otherwise provided in section 5733.402 or	63233
5747.401 of the Revised Code, "qualifying investor" means any	63234
investor except those described in divisions (I)(1) to (9) of this	63235
section.	63236

(1) An investor satisfying one of the descriptions under	63237
section 501(a) or (c) of the Internal Revenue Code, a partnership	63238
with equity securities registered with the United States	63239
securities and exchange commission under section 12 of the	63240
"Securities Exchange Act of 1934," as amended, or an investor	63241
described in division (F) of section 3334.01, or division (A) or	63242
(C) of section 5733.09 of the Revised Code for the entire	63243
qualifying taxable year of the qualifying pass-through entity.	63244

(2) An investor who is either an individual or an estate and	63245
is a resident taxpayer for the purposes of section 5747.01 of the	63246
Revised Code for the entire qualifying taxable year of the	63247
qualifying pass-through entity.	63248

(3) An investor who is an individual for whom the qualifying	63249
pass-through entity makes a good faith and reasonable effort to	63250
comply fully and timely with the filing and payment requirements	63251
set forth in division (D) of section 5747.08 of the Revised Code	63252
and section 5747.09 of the Revised Code with respect to the	63253
individual's adjusted qualifying amount for the entire qualifying	63254
taxable year of the qualifying pass-through entity.	63255

(4) An investor that is another qualifying pass-through	63256
entity having only investors described in division (I)(1), (2),	63257
(3), or (6) of this section during the three-year period beginning	63258
twelve months prior to the first day of the qualifying taxable	63259
year of the qualifying pass-through entity.	63260

(5) An investor that is another pass-through entity having no	63261
investors other than individuals and estates during the qualifying	63262
taxable year of the qualifying pass-through entity in which it is	63263
an investor, and that makes a good faith and reasonable effort to	63264
comply fully and timely with the filing and payment requirements	63265
set forth in division (D) of section 5747.08 of the Revised Code	63266
and section 5747.09 of the Revised Code with respect to investors	63267
that are not resident taxpayers of this state for the purposes of	63268
Chapter 5747. of the Revised Code for the entire qualifying	63269
taxable year of the qualifying pass-through entity in which it is	63270
an investor.	63271

(6) An investor that is a financial institution required to	63272
calculate the tax in accordance with division ~~(D)~~(E) of section	63273
5733.06 of the Revised Code on the first day of January of the	63274
calendar year immediately following the last day of the financial	63275
institution's calendar or fiscal year in which ends the taxpayer's	63276
taxable year.	63277

(7) An investor other than an individual that satisfies all	63278
the following:	63279

(a) The investor submits a written statement to the	63280
qualifying pass-through entity stating that the investor	63281
irrevocably agrees that the investor has nexus with this state	63282
under the Constitution of the United States and is subject to and	63283
liable for the tax calculated under division (A) or (B) of section	63284
5733.06 of the Revised Code with respect to the investor's	63285
adjusted qualifying amount for the entire qualifying taxable year	63286
of the qualifying pass-through entity. The statement is subject to	63287
the penalties of perjury, shall be retained by the qualifying	63288
pass-through entity for no fewer than seven years, and shall be	63289
delivered to the tax commissioner upon request.	63290

(b) The investor makes a good faith and reasonable effort to	63291
comply timely and fully with all the reporting and payment	63292
requirements set forth in Chapter 5733. of the Revised Code with	63293
respect to the investor's adjusted qualifying amount for the	63294
entire qualifying taxable year of the qualifying pass-through	63295
entity.	63296

(c) Neither the investor nor the qualifying pass-through	63297
entity in which it is an investor, before, during, or after the	63298
qualifying pass-through entity's qualifying taxable year, carries	63299
out any transaction or transactions with one or more related	63300
members of the investor or the qualifying pass-through entity	63301
resulting in a reduction or deferral of tax imposed by Chapter	63302
5733. of the Revised Code with respect to all or any portion of	63303
the investor's adjusted qualifying amount for the qualifying	63304
pass-through entity's taxable year, or that constitute a sham,	63305
lack economic reality, or are part of a series of transactions the	63306
form of which constitutes a step transaction or transactions or	63307
does not reflect the substance of those transactions.	63308

(8) Any other investor that the tax commissioner may	63309
designate by rule. The tax commissioner may adopt rules including	63310
a rule defining "qualifying investor" or "qualifying beneficiary"	63311
and governing the imposition of the withholding tax imposed by	63312
section 5747.41 of the Revised Code with respect to an individual	63313
who is a resident taxpayer for the purposes of Chapter 5747. of	63314
the Revised Code for only a portion of the qualifying taxable year	63315
of the qualifying entity.	63316

(9) An investor that is a trust or fund the beneficiaries of	63317
which, during the qualifying taxable year of the qualifying	63318
pass-through entity, are limited to the following:	63319

(a) A person that is or may be the beneficiary of a trust	63320
subject to Subchapter D of Chapter 1 of Subtitle A of the Internal	63321
Revenue Code.	63322

(b) A person that is or may be the beneficiary of or the	63323
recipient of payments from a trust or fund that is a nuclear	63324
decommissioning reserve fund, a designated settlement fund, or any	63325
other trust or fund established to resolve and satisfy claims that	63326
may otherwise be asserted by the beneficiary or a member of the	63327
beneficiary's family. Sections 267(c)(4), 468A(e), and 468B(d)(2)	63328
of the Internal Revenue Code apply to the determination of whether	63329
such a person satisfies division (I)(9) of this section.	63330

(c) A person who is or may be the beneficiary of a trust	63331
that, under its governing instrument, is not required to	63332
distribute all of its income currently. Division (I)(9)(c) of this	63333
section applies only if the trust, prior to the due date for	63334
filing the qualifying pass-through entity's return for taxes	63335
imposed by section 5733.41 and sections 5747.41 to 5747.453 of the	63336
Revised Code, irrevocably agrees in writing that for the taxable	63337
year during or for which the trust distributes any of its income	63338
to any of its beneficiaries, the trust is a qualifying trust and	63339
will pay the estimated tax, and will withhold and pay the withheld	63340
tax, as required under sections 5747.40 to 5747.453 of the Revised	63341
Code.	63342

For the purposes of division (I)(9) of this section, a trust	63343
or fund shall be considered to have a beneficiary other than	63344
persons described under divisions (I)(9)(a) to (c) of this section	63345
if a beneficiary would not qualify under those divisions under the	63346
doctrines of "economic reality," "sham transaction," "step	63347
doctrine," or "substance over form." A trust or fund described in	63348
division (I)(9) of this section bears the burden of establishing	63349
by a preponderance of the evidence that any transaction giving	63350
rise to the tax benefits provided under division (I)(9) of this	63351
section does not have as a principal purpose a claim of those tax	63352
benefits. Nothing in this section shall be construed to limit	63353
solely to this section the application of the doctrines referred	63354
to in this paragraph.	63355

(J) "Qualifying net gain" means any recognized net gain with	63356
respect to the acquisition, ownership, use, maintenance,	63357
management, or disposition of tangible personal property located	63358
in this state at any time during a trust's qualifying taxable year	63359
or real property located in this state.	63360

(K) "Qualifying net income" means any recognized income, net	63361
of related deductible expenses, other than distributions	63362
deductions with respect to the acquisition, ownership, use,	63363
maintenance, management, or disposition of tangible personal	63364
property located in this state at any time during the trust's	63365
qualifying taxable year or real property located in this state.	63366

(L) "Qualifying entity" means a qualifying pass-through	63367
entity or a qualifying trust.	63368

(M) "Qualifying trust" means a trust subject to subchapter J	63369
of the Internal Revenue Code that, during any portion of the	63370
trust's qualifying taxable year, has income or gain from the	63371
acquisition, management, ownership, use, or disposition of	63372
tangible personal property located in this state at any time	63373
during the trust's qualifying taxable year or real property	63374
located in this state. "Qualifying trust" does not include a	63375
person described in section 501(c) of the Internal Revenue Code or	63376
a person described in division (C) of section 5733.09 of the	63377
Revised Code.	63378

(N) "Qualifying pass-through entity" means a pass-through	63379
entity as defined in section 5733.04 of the Revised Code,	63380
excluding: a person described in section 501(c) of the Internal	63381
Revenue Code,; a partnership with equity securities registered	63382
with the United States securities and exchange commission under	63383
section 12 of the Securities Exchange Act of 1934, as amended,; or	63384
a person described in division (C) of section 5733.09 of the	63385
Revised Code.	63386

(O) "Quarter" means the first three months, the second three	63387
months, the third three months, or the last three months of a	63388
qualifying entity's qualifying taxable year.	63389

(P) "Related member" has the same meaning as in division	63390
(A)(6) of section 5733.042 of the Revised Code without regard to	63391
division (B) of that section. However, for the purposes of	63392
divisions (A)(3) and (4) of this section only, "related member"	63393
has the same meaning as in division (A)(6) of section 5733.042 of	63394
the Revised Code without regard to division (B) of that section,	63395
but shall be applied by substituting "forty per cent" for "twenty	63396
per cent" wherever "twenty per cent" appears in division (A) of	63397
that section.	63398

(Q) "Return" or "report" means the notifications and reports	63399
required to be filed pursuant to sections 5747.42 to 5747.45 of	63400
the Revised Code for the purpose of reporting the tax imposed	63401
under section 5733.41 or 5747.41 of the Revised Code, and included	63402
declarations of estimated tax when so required.	63403

(R) "Qualifying taxable year" means the calendar year or the	63404
qualifying entity's fiscal year ending during the calendar year,	63405
or fractional part thereof, for which the adjusted qualifying	63406
amount is calculated pursuant to sections 5733.40 and 5733.41 or	63407
sections 5747.40 to 5747.453 of the Revised Code.	63408

(S) "Distributive share" includes the sum of the income,	63409
gain, expense, or loss of a disregarded entity or qualified	63410
subchapter S subsidiary.	63411

Sec. 5733.41. The purpose of the tax imposed by this section	63412
is to complement and to reinforce the tax imposed under section	63413
5733.06 of the Revised Code.	63414

For the same purposes for which the tax is levied under	63415
section 5733.06 of the Revised Code, there is hereby levied a tax	63416
on every qualifying pass-through entity having at least one	63417
qualifying investor that is not an individual. The tax imposed by	63418
this section is imposed on the sum of the adjusted qualifying	63419
amounts of the qualifying pass-through entity's qualifying	63420
investors that are not individuals as follows: for qualifying	63421
investors subject to division (G)(2) of section 5733.01 of the	63422
Revised Code, at six and eight-tenths per cent for the entity's	63423
taxable year ending in 2005, at five and one-tenth per cent for	63424
the entity's taxable year ending in 2006, at three and four-tenths	63425
per cent for the entity's taxable year ending in 2007, at one and	63426
seven-tenths per cent for the entity's taxable year ending in	63427
2008, and at zero per cent for the entity's taxable year ending in	63428
2009 or in subsequent years; and for all other qualifying	63429
investors, at the rate specified in division (B) of section	63430
5733.06 of the Revised Code that is in effect on the last day of	63431
the entity's taxable year.	63432

The tax imposed by this section applies only if the	63433
qualifying entity has nexus with this state under the Constitution	63434
of the United States for any portion of the qualifying entity's	63435
qualifying taxable year, and the sum of the qualifying entity's	63436
adjusted qualifying amounts exceeds one thousand dollars for the	63437
qualifying entity's qualifying taxable year. This section does not	63438
apply to a pass-through entity if all of the partners,	63439
shareholders, members, or investors of the pass-through entity are	63440
taxpayers for the purposes of section 5733.04 of the Revised Code	63441
without regard to section 5733.09 of the Revised Code for the	63442
entire qualifying taxable year of the pass-through entity.	63443

If, prior to the due date of the return, a qualifying	63444
pass-through entity receives from an investor a written	63445
representation, under penalties of perjury, that the investor is	63446
described in division (I)(1), (2), (6), (7), (8), or (9) of	63447
section 5733.40 of the Revised Code for the qualifying	63448
pass-through entity's entire qualifying taxable year, the	63449
qualifying pass-through entity is not required to withhold or pay	63450
the taxes or estimated taxes imposed under this section or	63451
sections 5747.41 to 5747.453 of the Revised Code with respect to	63452
that investor for that qualifying taxable year, and is not subject	63453
to any interest or interest penalties for failure to withhold or	63454
pay those taxes or estimated taxes with respect to that investor	63455
for that qualifying taxable year.	63456

If, prior to the due date of the return, a qualifying trust	63457
receives from a beneficiary of that trust a written	63458
representation, under penalties of perjury, that the beneficiary	63459
is a resident taxpayer for the purposes of Chapter 5747. of the	63460
Revised Code for the qualifying trust's entire qualifying taxable	63461
year, the qualifying trust is not required to withhold or pay the	63462
taxes or estimated taxes imposed under this section or sections	63463
5747.41 to 5747.453 of the Revised Code with respect to that	63464
beneficiary for that qualifying taxable year, and is not subject	63465
to any interest or interest penalties for failure to withhold or	63466
pay those taxes or estimated taxes with respect to that	63467
beneficiary for that qualifying taxable year.	63468

The tax commissioner may adopt rules for the purpose of the	63469
tax levied by this section or section 5747.41 of the Revised Code,	63470
including a rule defining "qualifying investor" or "qualifying	63471
beneficiary"," and a rule requiring or permitting a qualifying	63472
entity to combine its income with related members and to pay the	63473
tax and estimated tax on a combined basis.	63474

Sections 5747.10 to 5747.19 and 5747.42 to 5747.453 of the	63475
Revised Code apply to a qualifying entity subject to the tax	63476
imposed under this section.	63477

The levy of the tax under this section does not prevent a	63478
municipal corporation or a joint economic development district	63479
created under section 715.70 or 715.71 or sections 715.72 to	63480
715.81 of the Revised Code from levying a tax on income.	63481

Sec. 5733.49. (A) Upon the issuance of a tax credit	63482
certificate by the Ohio venture capital authority under section	63483
150.07 of the Revised Code, a credit may be claimed against the	63484
tax imposed by section 5733.06 of the Revised Code. The credit	63485
shall be claimed for the tax year specified in the certificate	63486
issued by the authority and in the order required under section	63487
5733.98 of the Revised Code.	63488

(B) If the taxpayer elected a refundable credit under section	63489
150.07 of the Revised Code and the amount of the credit shown on	63490
the certificate does not exceed the tax otherwise due under	63491
section 5733.06, 5733.065, and 5733.066 of the Revised Code after	63492
all nonrefundable credits are deducted, then the taxpayer shall	63493
claim a refundable credit equal to the amount of the credit shown	63494
on the certificate.	63495

(C) If the taxpayer elected a refundable credit under section	63496
150.07 of the Revised Code, and the amount of the credit shown on	63497
the certificate exceeds the tax otherwise due under sections	63498
5733.06, 5733.065, and 5733.066 of the Revised Code after all	63499
nonrefundable credits~~, including the credit allowed under this~~	63500
~~section,~~ are deducted ~~in that order~~, the taxpayer shall ~~receive a~~	63501
~~refund equal to seventy-five per cent of that excess. If the~~	63502
~~taxpayer elected a nonrefundable credit, the amount of the credit,~~	63503
~~claimed in that order, shall not exceed the tax otherwise due~~	63504
~~under those sections after all the taxpayer's credits are deducted~~	63505
~~in that order. If~~claim a refundable credit equal to the sum of	63506
the following:	63507

(1) The amount, if any, of the tax otherwise due under	63508
sections 5733.06, 5733.065, and 5733.066 of the Revised Code after	63509
all nonrefundable credits are deducted;	63510

(2) Seventy-five per cent of the difference between the	63511
amount of the refundable credit shown on the certificate and the	63512
tax otherwise due under sections 5733.06, 5733.065, and 5733.066	63513
of the Revised Code after all nonrefundable credits are deducted.	63514

(D) If the taxpayer elected a nonrefundable credit and the	63515
credit to which the taxpayer would otherwise be entitled under	63516
this section for any tax year is greater than the tax otherwise	63517
due under sections 5733.06, 5733.065, and 5733.066 of the Revised	63518
Code, after allowing for any other credits that, under section	63519
5733.98 of the Revised Code, precede the credit allowed under this	63520
section, the excess shall be allowed as a nonrefundable credit in	63521
each of the ensuing ten tax years, but the amount of any excess	63522
credit allowed in the ensuing tax year shall be deducted from the	63523
balance carried forward to the next tax year.	63524

Sec. 5733.98. (A) To provide a uniform procedure for	63525
calculating the amount of tax imposed by section 5733.06 of the	63526
Revised Code that is due under this chapter, a taxpayer shall	63527
claim any credits to which it is entitled in the following order,	63528
except as otherwise provided in section 5733.058 of the Revised	63529
Code:	63530

(1) ~~The~~For tax year 2005, the credit for taxes paid by a	63531
qualifying pass-through entity allowed under section 5733.0611 of	63532
the Revised Code;	63533

(2) The credit allowed for financial institutions under	63534
section 5733.45 of the Revised Code;	63535

(3) The credit for qualifying affiliated groups under section	63536
5733.068 of the Revised Code;	63537

(4) The subsidiary corporation credit under section 5733.067	63538
of the Revised Code;	63539

(5) The savings and loan assessment credit under section	63540
5733.063 of the Revised Code;	63541

(6) The credit for recycling and litter prevention donations	63542
under section 5733.064 of the Revised Code;	63543

(7) The credit for employers that enter into agreements with	63544
child day-care centers under section 5733.36 of the Revised Code;	63545

(8) The credit for employers that reimburse employee child	63546
care expenses under section 5733.38 of the Revised Code;	63547

(9) The credit for maintaining railroad active grade crossing	63548
warning devices under section 5733.43 of the Revised Code;	63549

(10) The credit for purchases of lights and reflectors under	63550
section 5733.44 of the Revised Code;	63551

(11) The job retention credit under division (B) of section	63552
5733.0610 of the Revised Code;	63553

(12) The credit for losses on loans made under the Ohio	63554
venture capital program under sections 150.01 to 150.10 of the	63555
Revised Code if the taxpayer elected a nonrefundable credit under	63556
section 150.07 of the Revised Code;	63557

(13) The credit for purchases of new manufacturing machinery	63558
and equipment under section 5733.31 or section 5733.311 of the	63559
Revised Code;	63560

(14) The second credit for purchases of new manufacturing	63561
machinery and equipment under section 5733.33 of the Revised Code;	63562

(15) The job training credit under section 5733.42 of the	63563
Revised Code;	63564

(16) The credit for qualified research expenses under section	63565
5733.351 of the Revised Code;	63566

(17) The enterprise zone credit under section 5709.66 of the	63567
Revised Code;	63568

(18) The credit for the eligible costs associated with a	63569
voluntary action under section 5733.34 of the Revised Code;	63570

(19) The credit for employers that establish on-site child	63571
day-care centers under section 5733.37 of the Revised Code;	63572

(20) The ethanol plant investment credit under section	63573
5733.46 of the Revised Code;	63574

(21) The credit for purchases of qualifying grape production	63575
property under section 5733.32 of the Revised Code;	63576

(22) The export sales credit under section 5733.069 of the	63577
Revised Code;	63578

(23) The credit for research and development and technology	63579
transfer investors under section 5733.35 of the Revised Code;	63580

(24) The enterprise zone credits under section 5709.65 of the	63581
Revised Code;	63582

(25) The credit for using Ohio coal under section 5733.39 of	63583
the Revised Code;	63584

(26) ~~The research and development credit under section~~	63585
~~5733.352 of the Revised Code;~~	63586

~~(27)~~ The credit for small telephone companies under section	63587
5733.57 of the Revised Code;	63588

~~(28)~~(27) The credit for eligible nonrecurring 9-1-1 charges	63589
under section 5733.55 of the Revised Code;	63590

~~(29)~~(28) The credit for providing programs to aid the	63591
communicatively impaired under section 5733.56 of the Revised	63592
Code;	63593

~~(30)~~(29) The research and development credit under section	63594
5733.352 of the Revised Code;	63595

(30) For tax years 2006 and subsequent tax years, the credit	63596
for taxes paid by a qualifying pass-through entity allowed under	63597
section 5733.0611 of the Revised Code;	63598

(31) The refundable jobs creation credit under division (A)	63599
of section 5733.0610 of the Revised Code;	63600

~~(31)~~(32) The refundable credit for tax withheld under	63601
division (B)(2) of section 5747.062 of the Revised Code;	63602

~~(32)~~(33) The credit for losses on loans made to the Ohio	63603
venture capital program under sections 150.01 to 150.10 of the	63604
Revised Code if the taxpayer elected a refundable credit under	63605
section 150.07 of the Revised Code.	63606

(B) For any credit except the credits enumerated in divisions	63607
(A)~~(30),~~ (31), ~~and~~ (32), and (33) of this section, the amount of	63608
the credit for a tax year shall not exceed the tax due after	63609
allowing for any other credit that precedes it in the order	63610
required under this section. Any excess amount of a particular	63611
credit may be carried forward if authorized under the section	63612
creating that credit.	63613

Sec. 5733.99. Whoever violates section 5733.21 of the	63614
Revised Code shall be fined not less than one hundred nor more	63615
than ~~one~~five thousand dollars.	63616

Sec. 5735.99. (A) Whoever violates division (F) of section	63617
5735.02, division (D) of section 5735.021, division (B) of section	63618
5735.063, division (B) of section 5735.064, or division (A)(2) of	63619
section 5735.20 of the Revised Code is guilty of a misdemeanor of	63620
the first degree.	63621

(B) Whoever violates division (E) of section 5735.06 of the	63622
Revised Code is guilty of a felony of the fourth degree.	63623

(C) Whoever violates section 5735.025 or division (A)(1) of	63624
section 5735.20 of the Revised Code is guilty of a misdemeanor of	63625
the first degree, if the tax owed or the fraudulent refund	63626
received is not greater than five hundred dollars. If the tax owed	63627
or the fraudulent refund received is greater than five hundred	63628
dollars but not greater than ten thousand dollars, the ~~offender~~	63629
person is guilty of a felony of the fourth degree~~; for each~~	63630
~~subsequent~~. If the person previously has been convicted of any	63631
offense ~~when the tax owed or the fraudulent refund received is~~	63632
~~greater than five hundred dollars but not greater than ten~~	63633
~~thousand dollars~~under Title LVII of the Revised Code, the	63634
~~offender~~person is guilty of a felony of the third degree. If the	63635
tax owed or the fraudulent refund received is greater than ten	63636
thousand dollars, the ~~offender~~person is guilty of a felony of the	63637
second degree.	63638

(D) Whoever violates a provision of this chapter for which a	63639
penalty is not otherwise prescribed under this section is guilty	63640
of a misdemeanor of the fourth degree.	63641

(E) Whoever violates division (D)(5) of section 5735.19 of	63642
the Revised Code is guilty of a misdemeanor of the first degree.	63643

Sec. 5737.03. An annual excise tax is hereby levied on the	63644
handling of grain, in lieu of all taxes on grain as property of	63645
any person engaged in such business, for all the purposes for	63646
which taxes would otherwise be levied on such grain as property in	63647
the taxing district in which any such business is carried on,	63648
measured as follows:	63649

~~One-half~~(A) For the statement due in 2005, one-half mill per	63650
bushel upon all wheat and flax handled at one or more places in	63651
this state in any such business during the taxable year, as	63652
defined in section 5737.04 of the Revised Code, and one-fourth	63653
mill per bushel upon all other grain handled. ~~The~~	63654

(B) For the statement due in 2006, one-fourth mill per bushel	63655
upon all wheat and flax handled at one or more places in this	63656
state in any such business during the taxable year, as defined in	63657
section 5737.04 of the Revised Code, and one-eighth mill per	63658
bushel upon all other grain handled.	63659

(C) No statement or tax is due in 2007 or subsequent years	63660
thereafter.	63661

The tax imposed by this section shall not be paid by a track	63662
buyer, who shall be liable for the personal property taxes only,	63663
as levied by sections 5711.01 to 5711.36~~, inclusive,~~ of the	63664
Revised Code.	63665

All grain included in the statements required by section	63666
5737.04 of the Revised Code, upon the handling of which a tax is	63667
imposed by this section, is exempt from taxation as personal	63668
property. Any grain that would be included in such statements for	63669
taxable year 2007 or subsequent years thereafter is exempt from	63670
taxation as personal property.	63671

Sec. 5739.01. As used in this chapter:

63672

(A) "Person" includes individuals, receivers, assignees,	63673
trustees in bankruptcy, estates, firms, partnerships,	63674
associations, joint-stock companies, joint ventures, clubs,	63675
societies, corporations, the state and its political subdivisions,	63676
and combinations of individuals of any form.	63677

(B) "Sale" and "selling" include all of the following	63678
transactions for a consideration in any manner, whether absolutely	63679
or conditionally, whether for a price or rental, in money or by	63680
exchange, and by any means whatsoever:	63681

(1) All transactions by which title or possession, or both,	63682
of tangible personal property, is or is to be transferred, or a	63683
license to use or consume tangible personal property is or is to	63684
be granted;	63685

(2) All transactions by which lodging by a hotel is or is to	63686
be furnished to transient guests;	63687

(3) All transactions by which:

63688

(a) An item of tangible personal property is or is to be	63689
repaired, except property, the purchase of which would not be	63690
subject to the tax imposed by section 5739.02 of the Revised Code;	63691

(b) An item of tangible personal property is or is to be	63692
installed, except property, the purchase of which would not be	63693
subject to the tax imposed by section 5739.02 of the Revised Code	63694
or property that is or is to be incorporated into and will become	63695
a part of a production, transmission, transportation, or	63696
distribution system for the delivery of a public utility service;	63697

(c) The service of washing, cleaning, waxing, polishing, or	63698
painting a motor vehicle is or is to be furnished;	63699

(d) Until August 1, 2003, industrial laundry cleaning	63700
services are or are to be provided and, on and after August 1,	63701
2003, laundry and dry cleaning services are or are to be provided;	63702

(e) Automatic data processing, computer services, or	63703
electronic information services are or are to be provided for use	63704
in business when the true object of the transaction is the receipt	63705
by the consumer of automatic data processing, computer services,	63706
or electronic information services rather than the receipt of	63707
personal or professional services to which automatic data	63708
processing, computer services, or electronic information services	63709
are incidental or supplemental. Notwithstanding any other	63710
provision of this chapter, such transactions that occur between	63711
members of an affiliated group are not sales. An affiliated group	63712
means two or more persons related in such a way that one person	63713
owns or controls the business operation of another member of the	63714
group. In the case of corporations with stock, one corporation	63715
owns or controls another if it owns more than fifty per cent of	63716
the other corporation's common stock with voting rights.	63717

(f) Telecommunications service, ~~other than mobile~~	63718
~~telecommunications service after July 31, 2002~~including prepaid	63719
calling service, prepaid wireless calling service, or ancillary	63720
service, is or is to be provided, but ~~does~~ not ~~include~~	63721
~~transactions by which local telecommunications service is obtained~~	63722
~~from a~~including coin-operated telephone ~~and paid for by using~~	63723
~~coin~~service;	63724

(g) Landscaping and lawn care service is or is to be	63725
provided;	63726

(h) Private investigation and security service is or is to be	63727
provided;	63728

(i) Information services or tangible personal property is	63729
provided or ordered by means of a nine hundred telephone call;	63730

(j) Building maintenance and janitorial service is or is to	63731
be provided;	63732

(k) Employment service is or is to be provided;

63733

(l) Employment placement service is or is to be provided;

63734

(m) Exterminating service is or is to be provided;

63735

(n) Physical fitness facility service is or is to be	63736
provided;	63737

(o) Recreation and sports club service is or is to be	63738
provided.	63739

(p) ~~After July 31, 2002, mobile telecommunications service is~~	63740
~~or is to be provided when that service is sitused to this state~~	63741
~~pursuant to the "Mobile Telecommunications Sourcing Act," Pub. L.~~	63742
~~No. 106-252, 114 Stat. 626 to 632 (2000), 4 U.S.C.A. 116 to 126,~~	63743
~~as amended.~~	63744

~~(q)~~ On and after August 1, 2003, satellite broadcasting	63745
service is or is to be provided;	63746

~~(r)~~(q) On and after August 1, 2003, personal care service is	63747
or is to be provided to an individual. As used in this division,	63748
"personal care service" includes skin care, the application of	63749
cosmetics, manicuring, pedicuring, hair removal, tattooing, body	63750
piercing, tanning, massage, and other similar services. "Personal	63751
care service" does not include a service provided by or on the	63752
order of a licensed physician or licensed chiropractor, or the	63753
cutting, coloring, or styling of an individual's hair.	63754

~~(s)~~(r) On and after August 1, 2003, the transportation of	63755
persons by motor vehicle or aircraft is or is to be provided, when	63756
the transportation is entirely within this state, except for	63757
transportation provided by an ambulance service, by a transit bus,	63758
as defined in section 5735.01 of the Revised Code, and	63759
transportation provided by a citizen of the United States holding	63760
a certificate of public convenience and necessity issued under 49	63761
U.S.C. 41102;	63762

~~(t)~~(s) On and after August 1, 2003, motor vehicle towing	63763
service is or is to be provided. As used in this division, "motor	63764
vehicle towing service" means the towing or conveyance of a	63765
wrecked, disabled, or illegally parked motor vehicle.	63766

~~(u)~~(t) On and after August 1, 2003, snow removal service is	63767
or is to be provided. As used in this division, "snow removal	63768
service" means the removal of snow by any mechanized means, but	63769
does not include the providing of such service by a person that	63770
has less than five thousand dollars in sales of such service	63771
during the calendar year.	63772

(4) All transactions by which printed, imprinted,	63773
overprinted, lithographic, multilithic, blueprinted, photostatic,	63774
or other productions or reproductions of written or graphic matter	63775
are or are to be furnished or transferred;	63776

(5) The production or fabrication of tangible personal	63777
property for a consideration for consumers who furnish either	63778
directly or indirectly the materials used in the production of	63779
fabrication work; and include the furnishing, preparing, or	63780
serving for a consideration of any tangible personal property	63781
consumed on the premises of the person furnishing, preparing, or	63782
serving such tangible personal property. Except as provided in	63783
section 5739.03 of the Revised Code, a construction contract	63784
pursuant to which tangible personal property is or is to be	63785
incorporated into a structure or improvement on and becoming a	63786
part of real property is not a sale of such tangible personal	63787
property. The construction contractor is the consumer of such	63788
tangible personal property, provided that the sale and	63789
installation of carpeting, the sale and installation of	63790
agricultural land tile, the sale and erection or installation of	63791
portable grain bins, or the provision of landscaping and lawn care	63792
service and the transfer of property as part of such service is	63793
never a construction contract.	63794

As used in division (B)(5) of this section:

63795

(a) "Agricultural land tile" means fired clay or concrete	63796
tile, or flexible or rigid perforated plastic pipe or tubing,	63797
incorporated or to be incorporated into a subsurface drainage	63798
system appurtenant to land used or to be used directly in	63799
production by farming, agriculture, horticulture, or floriculture.	63800
The term does not include such materials when they are or are to	63801
be incorporated into a drainage system appurtenant to a building	63802
or structure even if the building or structure is used or to be	63803
used in such production.	63804

(b) "Portable grain bin" means a structure that is used or to	63805
be used by a person engaged in farming or agriculture to shelter	63806
the person's grain and that is designed to be disassembled without	63807
significant damage to its component parts.	63808

(6) All transactions in which all of the shares of stock of a	63809
closely held corporation are transferred, if the corporation is	63810
not engaging in business and its entire assets consist of boats,	63811
planes, motor vehicles, or other tangible personal property	63812
operated primarily for the use and enjoyment of the shareholders;	63813

(7) All transactions in which a warranty, maintenance or	63814
service contract, or similar agreement by which the vendor of the	63815
warranty, contract, or agreement agrees to repair or maintain the	63816
tangible personal property of the consumer is or is to be	63817
provided;	63818

(8) ~~; (9)~~ The transfer of copyrighted motion picture films	63819
used solely for advertising purposes, except that the transfer of	63820
such films for exhibition purposes is not a sale.	63821

(9) On and after August 1, 2003, all transactions by which	63822
tangible personal property is or is to be stored, except such	63823
property that the consumer of the storage holds for sale in the	63824
regular course of business.	63825

Except ~~Other than~~ as provided in this section, "sale" and	63826
"selling" do not include transfers of interest in leased property	63827
where the original lessee and the terms of the original lease	63828
agreement remain unchanged, or professional, insurance, or	63829
personal service transactions that involve the transfer of	63830
tangible personal property as an inconsequential element, for	63831
which no separate charges are made.	63832

(C) "Vendor" means the person providing the service or by	63833
whom the transfer effected or license given by a sale is or is to	63834
be made or given and, for sales described in division (B)(3)(i) of	63835
this section, the telecommunications service vendor that provides	63836
the nine hundred telephone service; if two or more persons are	63837
engaged in business at the same place of business under a single	63838
trade name in which all collections on account of sales by each	63839
are made, such persons shall constitute a single vendor.	63840

Physicians, dentists, hospitals, and veterinarians who are	63841
engaged in selling tangible personal property as received from	63842
others, such as eyeglasses, mouthwashes, dentifrices, or similar	63843
articles, are vendors. Veterinarians who are engaged in	63844
transferring to others for a consideration drugs, the dispensing	63845
of which does not require an order of a licensed veterinarian or	63846
physician under federal law, are vendors.	63847

(D)(1) "Consumer" means the person for whom the service is	63848
provided, to whom the transfer effected or license given by a sale	63849
is or is to be made or given, to whom the service described in	63850
division (B)(3)(f) or (i) of this section is charged, or to whom	63851
the admission is granted.	63852

(2) Physicians, dentists, hospitals, and blood banks operated	63853
by nonprofit institutions and persons licensed to practice	63854
veterinary medicine, surgery, and dentistry are consumers of all	63855
tangible personal property and services purchased by them in	63856
connection with the practice of medicine, dentistry, the rendition	63857
of hospital or blood bank service, or the practice of veterinary	63858
medicine, surgery, and dentistry. In addition to being consumers	63859
of drugs administered by them or by their assistants according to	63860
their direction, veterinarians also are consumers of drugs that	63861
under federal law may be dispensed only by or upon the order of a	63862
licensed veterinarian or physician, when transferred by them to	63863
others for a consideration to provide treatment to animals as	63864
directed by the veterinarian.	63865

(3) A person who performs a facility management, or similar	63866
service contract for a contractee is a consumer of all tangible	63867
personal property and services purchased for use in connection	63868
with the performance of such contract, regardless of whether title	63869
to any such property vests in the contractee. The purchase of such	63870
property and services is not subject to the exception for resale	63871
under division (E)(1) of this section.	63872

(4)(a) In the case of a person who purchases printed matter	63873
for the purpose of distributing it or having it distributed to the	63874
public or to a designated segment of the public, free of charge,	63875
that person is the consumer of that printed matter, and the	63876
purchase of that printed matter for that purpose is a sale.	63877

(b) In the case of a person who produces, rather than	63878
purchases, printed matter for the purpose of distributing it or	63879
having it distributed to the public or to a designated segment of	63880
the public, free of charge, that person is the consumer of all	63881
tangible personal property and services purchased for use or	63882
consumption in the production of that printed matter. That person	63883
is not entitled to claim exemption under division (B)(43)(f) of	63884
section 5739.02 of the Revised Code for any material incorporated	63885
into the printed matter or any equipment, supplies, or services	63886
primarily used to produce the printed matter.	63887

(c) The distribution of printed matter to the public or to a	63888
designated segment of the public, free of charge, is not a sale to	63889
the members of the public to whom the printed matter is	63890
distributed or to any persons who purchase space in the printed	63891
matter for advertising or other purposes.	63892

(5) A person who makes sales of any of the services listed in	63893
division (B)(3) of this section is the consumer of any tangible	63894
personal property used in performing the service. The purchase of	63895
that property is not subject to the resale exception under	63896
division (E)(1) of this section.	63897

(6) A person who engages in highway transportation for hire	63898
is the consumer of all packaging materials purchased by that	63899
person and used in performing the service, except for packaging	63900
materials sold by such person in a transaction separate from the	63901
service.	63902

(E) "Retail sale" and "sales at retail" include all sales,	63903
except those in which the purpose of the consumer is to resell the	63904
thing transferred or benefit of the service provided, by a person	63905
engaging in business, in the form in which the same is, or is to	63906
be, received by the person.	63907

(F) "Business" includes any activity engaged in by any person	63908
with the object of gain, benefit, or advantage, either direct or	63909
indirect. "Business" does not include the activity of a person in	63910
managing and investing the person's own funds.	63911

(G) "Engaging in business" means commencing, conducting, or	63912
continuing in business, and liquidating a business when the	63913
liquidator thereof holds itself out to the public as conducting	63914
such business. Making a casual sale is not engaging in business.	63915

(H)(1)(a) "Price," except as provided in divisions (H)(2) and	63916
(3) of this section, means the total amount of consideration,	63917
including cash, credit, property, and services, for which tangible	63918
personal property or services are sold, leased, or rented, valued	63919
in money, whether received in money or otherwise, without any	63920
deduction for any of the following:	63921

(i) The vendor's cost of the property sold;

63922

(ii) The cost of materials used, labor or service costs,	63923
interest, losses, all costs of transportation to the vendor, all	63924
taxes imposed on the vendor, including the tax imposed under	63925
Chapter 5751. of the Revised Code, and any other expense of the	63926
vendor;	63927

(iii) Charges by the vendor for any services necessary to	63928
complete the sale;	63929

(iv) On and after August 1, 2003, delivery charges. As used	63930
in this division, "delivery charges" means charges by the vendor	63931
for preparation and delivery to a location designated by the	63932
consumer of tangible personal property or a service, including	63933
transportation, shipping, postage, handling, crating, and packing.	63934

(v) Installation charges;

63935

(vi) ~~The value of exempt tangible personal property given to~~	63936
~~the consumer where taxable and exempt tangible personal property~~	63937
~~have been bundled together and sold by the vendor as a single~~	63938
~~product or piece of merchandise~~Credit for any trade-in.	63939

(b) "Price" includes consideration received by the vendor	63940
from a third party, if the vendor actually receives the	63941
consideration from a party other than the consumer, and the	63942
consideration is directly related to a price reduction or discount	63943
on the sale; the vendor has an obligation to pass the price	63944
reduction or discount through to the consumer; the amount of the	63945
consideration attributable to the sale is fixed and determinable	63946
by the vendor at the time of the sale of the item to the consumer;	63947
and one of the following criteria is met:	63948

(i) The consumer presents a coupon, certificate, or other	63949
document to the vendor to claim a price reduction or discount	63950
where the coupon, certificate, or document is authorized,	63951
distributed, or granted by a third party with the understanding	63952
that the third party will reimburse any vendor to whom the coupon,	63953
certificate, or document is presented;	63954

(ii) The consumer identifies the consumer's self to the	63955
seller as a member of a group or organization entitled to a price	63956
reduction or discount. A preferred customer card that is available	63957
to any patron does not constitute membership in such a group or	63958
organization.	63959

(iii) The price reduction or discount is identified as a	63960
third party price reduction or discount on the invoice received by	63961
the consumer, or on a coupon, certificate, or other document	63962
presented by the consumer.	63963

63964

(i) Discounts, including cash, term, or coupons that are not	63965
reimbursed by a third party that are allowed by a vendor and taken	63966
by a consumer on a sale;	63967

(ii) Interest, financing, and carrying charges from credit	63968
extended on the sale of tangible personal property or services, if	63969
the amount is separately stated on the invoice, bill of sale, or	63970
similar document given to the purchaser;	63971

(iii) Any taxes legally imposed directly on the consumer that	63972
are separately stated on the invoice, bill of sale, or similar	63973
document given to the consumer. For the purpose of this division,	63974
the tax imposed under Chapter 5751. of the Revised Code is not a	63975
tax directly on the consumer, even if the tax or a portion thereof	63976
is separately stated.	63977

(iv) Notwithstanding divisions (H)(1)(b)(i) to (iii) of this	63978
section, any discount allowed by an automobile manufacturer to its	63979
employee, or to the employee of a supplier, on the purchase of a	63980
new motor vehicle from a new motor vehicle dealer in this state.	63981

(2) In the case of a sale of any new motor vehicle by a new	63982
motor vehicle dealer, as defined in section 4517.01 of the Revised	63983
Code, in which another motor vehicle is accepted by the dealer as	63984
part of the consideration received, "price" has the same meaning	63985
as in division (H)(1) of this section, reduced by the credit	63986
afforded the consumer by the dealer for the motor vehicle received	63987
in trade.	63988

(3) In the case of a sale of any watercraft or outboard motor	63989
by a watercraft dealer licensed in accordance with section	63990
1547.543 of the Revised Code, in which another watercraft,	63991
watercraft and trailer, or outboard motor is accepted by the	63992
dealer as part of the consideration received, "price" has the same	63993
meaning as in division (H)(1) of this section, reduced by the	63994
credit afforded the consumer by the dealer for the watercraft,	63995
watercraft and trailer, or outboard motor received in trade. As	63996
used in this division, "watercraft" includes an outdrive unit	63997
attached to the watercraft.	63998

(4) In the case of a transaction in which telecommunications	63999
service, mobile telecommunications service, or cable television	64000
service is sold in a bundled transaction with other distinct	64001
services for a single price that is not itemized, the entire price	64002
is subject to the taxes levied under sections 5739.02, 5739.021,	64003
5739.023, and 5739.026 of the Revised Code, unless the vendor can	64004
reasonably identify the nontaxable portion from its books and	64005
records kept in the regular course of business. Upon the request	64006
of the consumer, the vendor shall disclose to the consumer the	64007
selling price for the taxable services included in the selling	64008
price for the taxable and nontaxable services billed on an	64009
aggregated basis. The burden of proving any nontaxable charges is	64010
on the vendor.	64011

(I) "Receipts" means the total amount of the prices of the	64012
sales of vendors, provided that cash discounts allowed and taken	64013
on sales at the time they are consummated are not included, minus	64014
any amount deducted as a bad debt pursuant to section 5739.121 of	64015
the Revised Code. "Receipts" does not include the sale price of	64016
property returned or services rejected by consumers when the full	64017
sale price and tax are refunded either in cash or by credit.	64018

(J) "Place of business" means any location at which a person	64019
engages in business.	64020

(K) "Premises" includes any real property or portion thereof	64021
upon which any person engages in selling tangible personal	64022
property at retail or making retail sales and also includes any	64023
real property or portion thereof designated for, or devoted to,	64024
use in conjunction with the business engaged in by such person.	64025

(L) "Casual sale" means a sale of an item of tangible	64026
personal property that was obtained by the person making the sale,	64027
through purchase or otherwise, for the person's own use and was	64028
previously subject to any state's taxing jurisdiction on its sale	64029
or use, and includes such items acquired for the seller's use that	64030
are sold by an auctioneer employed directly by the person for such	64031
purpose, provided the location of such sales is not the	64032
auctioneer's permanent place of business. As used in this	64033
division, "permanent place of business" includes any location	64034
where such auctioneer has conducted more than two auctions during	64035
the year.	64036

(M) "Hotel" means every establishment kept, used, maintained,	64037
advertised, or held out to the public to be a place where sleeping	64038
accommodations are offered to guests, in which five or more rooms	64039
are used for the accommodation of such guests, whether the rooms	64040
are in one or several structures.	64041

(N) "Transient guests" means persons occupying a room or	64042
rooms for sleeping accommodations for less than thirty consecutive	64043
days.	64044

(O) "Making retail sales" means the effecting of transactions	64045
wherein one party is obligated to pay the price and the other	64046
party is obligated to provide a service or to transfer title to or	64047
possession of the item sold. "Making retail sales" does not	64048
include the preliminary acts of promoting or soliciting the retail	64049
sales, other than the distribution of printed matter which	64050
displays or describes and prices the item offered for sale, nor	64051
does it include delivery of a predetermined quantity of tangible	64052
personal property or transportation of property or personnel to or	64053
from a place where a service is performed, regardless of whether	64054
the vendor is a delivery vendor.	64055

(P) "Used directly in the rendition of a public utility	64056
service" means that property that is to be incorporated into and	64057
will become a part of the consumer's production, transmission,	64058
transportation, or distribution system and that retains its	64059
classification as tangible personal property after such	64060
incorporation; fuel or power used in the production, transmission,	64061
transportation, or distribution system; and tangible personal	64062
property used in the repair and maintenance of the production,	64063
transmission, transportation, or distribution system, including	64064
only such motor vehicles as are specially designed and equipped	64065
for such use. Tangible personal property and services used	64066
primarily in providing highway transportation for hire are not	64067
used directly in the rendition of a public utility service.	64068

(Q) "Refining" means removing or separating a desirable	64069
product from raw or contaminated materials by distillation or	64070
physical, mechanical, or chemical processes.	64071

(R) "Assembly" and "assembling" mean attaching or fitting	64072
together parts to form a product, but do not include packaging a	64073
product.	64074

(S) "Manufacturing operation" means a process in which	64075
materials are changed, converted, or transformed into a different	64076
state or form from which they previously existed and includes	64077
refining materials, assembling parts, and preparing raw materials	64078
and parts by mixing, measuring, blending, or otherwise committing	64079
such materials or parts to the manufacturing process.	64080
"Manufacturing operation" does not include packaging.	64081

(T) "Fiscal officer" means, with respect to a regional	64082
transit authority, the secretary-treasurer thereof, and with	64083
respect to a county that is a transit authority, the fiscal	64084
officer of the county transit board if one is appointed pursuant	64085
to section 306.03 of the Revised Code or the county auditor if the	64086
board of county commissioners operates the county transit system.	64087

(U) "Transit authority" means a regional transit authority	64088
created pursuant to section 306.31 of the Revised Code or a county	64089
in which a county transit system is created pursuant to section	64090
306.01 of the Revised Code. For the purposes of this chapter, a	64091
transit authority must extend to at least the entire area of a	64092
single county. A transit authority that includes territory in more	64093
than one county must include all the area of the most populous	64094
county that is a part of such transit authority. County population	64095
shall be measured by the most recent census taken by the United	64096
States census bureau.	64097

(V) "Legislative authority" means, with respect to a regional	64098
transit authority, the board of trustees thereof, and with respect	64099
to a county that is a transit authority, the board of county	64100
commissioners.	64101

(W) "Territory of the transit authority" means all of the	64102
area included within the territorial boundaries of a transit	64103
authority as they from time to time exist. Such territorial	64104
boundaries must at all times include all the area of a single	64105
county or all the area of the most populous county that is a part	64106
of such transit authority. County population shall be measured by	64107
the most recent census taken by the United States census bureau.	64108

(X) "Providing a service" means providing or furnishing	64109
anything described in division (B)(3) of this section for	64110
consideration.	64111

(Y)(1)(a) "Automatic data processing" means processing of	64112
others' data, including keypunching or similar data entry services	64113
together with verification thereof, or providing access to	64114
computer equipment for the purpose of processing data.	64115

(b) "Computer services" means providing services consisting	64116
of specifying computer hardware configurations and evaluating	64117
technical processing characteristics, computer programming, and	64118
training of computer programmers and operators, provided in	64119
conjunction with and to support the sale, lease, or operation of	64120
taxable computer equipment or systems.	64121

(c) "Electronic information services" means providing access	64122
to computer equipment by means of telecommunications equipment for	64123
the purpose of either of the following:	64124

(i) Examining or acquiring data stored in or accessible to	64125
the computer equipment;	64126

(ii) Placing data into the computer equipment to be retrieved	64127
by designated recipients with access to the computer equipment.	64128

(d) "Automatic data processing, computer services, or	64129
electronic information services" shall not include personal or	64130
professional services.	64131

(2) As used in divisions (B)(3)(e) and (Y)(1) of this	64132
section, "personal and professional services" means all services	64133
other than automatic data processing, computer services, or	64134
electronic information services, including but not limited to:	64135

(a) Accounting and legal services such as advice on tax	64136
matters, asset management, budgetary matters, quality control,	64137
information security, and auditing and any other situation where	64138
the service provider receives data or information and studies,	64139
alters, analyzes, interprets, or adjusts such material;	64140

(b) Analyzing business policies and procedures;

64141

64142

(d) Feasibility studies, including economic and technical	64143
analysis of existing or potential computer hardware or software	64144
needs and alternatives;	64145

(e) Designing policies, procedures, and custom software for	64146
collecting business information, and determining how data should	64147
be summarized, sequenced, formatted, processed, controlled, and	64148
reported so that it will be meaningful to management;	64149

(f) Developing policies and procedures that document how	64150
business events and transactions are to be authorized, executed,	64151
and controlled;	64152

(g) Testing of business procedures;

64153

(h) Training personnel in business procedure applications;

64154

(i) Providing credit information to users of such information	64155
by a consumer reporting agency, as defined in the "Fair Credit	64156
Reporting Act," 84 Stat. 1114, 1129 (1970), 15 U.S.C. 1681a(f), or	64157
as hereafter amended, including but not limited to gathering,	64158
organizing, analyzing, recording, and furnishing such information	64159
by any oral, written, graphic, or electronic medium;	64160

(j) Providing debt collection services by any oral, written,	64161
graphic, or electronic means.	64162

The services listed in divisions (Y)(2)(a) to (j) of this	64163
section are not automatic data processing or computer services.	64164

(Z) "Highway transportation for hire" means the	64165
transportation of personal property belonging to others for	64166
consideration by any of the following:	64167

(1) The holder of a permit or certificate issued by this	64168
state or the United States authorizing the holder to engage in	64169
transportation of personal property belonging to others for	64170
consideration over or on highways, roadways, streets, or any	64171
similar public thoroughfare;	64172

(2) A person who engages in the transportation of personal	64173
property belonging to others for consideration over or on	64174
highways, roadways, streets, or any similar public thoroughfare	64175
but who could not have engaged in such transportation on December	64176
11, 1985, unless the person was the holder of a permit or	64177
certificate of the types described in division (Z)(1) of this	64178
section;	64179

(3) A person who leases a motor vehicle to and operates it	64180
for a person described by division (Z)(1) or (2) of this section.	64181

(AA)(1) "Telecommunications service" means the ~~transmission~~	64182
~~of any interactive, two-way electromagnetic communications,~~	64183
~~including voice, image, data, and information, through the use of~~	64184
~~any medium such as wires, cables, microwaves, cellular radio,~~	64185
~~radio waves, light waves, or any combination of those or similar~~	64186
~~media. "Telecommunications service" includes message toll service~~	64187
~~even though the vendor provides the message toll service by means~~	64188
~~of wide area transmission type service or private communications~~	64189
~~service purchased from another telecommunications service~~	64190
~~provider, and other related fees and ancillary services, including~~	64191
~~universal service fees, detailed billing service, directory~~	64192
~~assistance, service initiation, voice mail service, and vertical~~	64193
~~services, such as caller ID and three-way calling~~electronic	64194
transmission, conveyance, or routing of voice, data, audio, video,	64195
or any other information or signals to a point, or between or	64196
among points. "Telecommunications service" includes such	64197
transmission, conveyance, or routing in which computer processing	64198
applications are used to act on the form, code, or protocol of the	64199
content for purposes of transmission, conveyance, or routing	64200
without regard to whether the service is referred to as voice-over	64201
internet protocol service or is classified by the federal	64202
communications commission as enhanced or value-added.	64203
"Telecommunications service" does not include any of the	64204
following:	64205

~~(1) Sales of telecommunications service billed to persons~~	64206
~~before January 1, 2004, by telephone companies subject to the~~	64207
~~excise tax imposed by Chapter 5727. of the Revised Code;~~	64208

~~(2) Sales of telecommunications service to a provider of~~	64209
~~telecommunications service or of mobile telecommunications~~	64210
~~service, including access services, for use in providing~~	64211
~~telecommunications service or mobile telecommunications service;~~	64212

~~(3) Value-added nonvoice services in which computer~~	64213
~~processing applications are used to act on the form, content,~~	64214
~~code, or protocol of the information to be transmitted;~~	64215

~~(4) Transmission of interactive video programming by a cable~~	64216
~~television system as defined in section 505.90 of the Revised~~	64217
~~Code;~~	64218

~~(5) After July 31, 2002, mobile telecommunications service~~	64219
(a) Data processing and information services that allow data to be	64220
generated, acquired, stored, processed, or retrieved and delivered	64221
by an electronic transmission to a consumer where the consumer's	64222
primary purpose for the underlying transaction is the processed	64223
data or information;	64224

(b) Installation or maintenance of wiring or equipment on a	64225
customer's premises;	64226

64227

(d) Advertising, including directory advertising;

64228

(e) Billing and collection services provided to third	64229
parties;	64230

(f) Internet access service;

64231

(g) Radio and television audio and video programming	64232
services, regardless of the medium, including the furnishing of	64233
transmission, conveyance, and routing of such services by the	64234
programming service provider. Radio and television audio and video	64235
programming services include cable service, as defined in 47	64236
U.S.C. 522(6), and audio and video programming services delivered	64237
by commercial mobile radio service providers, as defined in 47	64238
C.F.R. 20.3;	64239

(h) Ancillary service;

64240

(i) Digital products delivered electronically, including	64241
software, music, video, reading materials, or ring tones.	64242

(2) "Ancillary service" means a service that is associated	64243
with or incidental to the provision of telecommunications service,	64244
including conference bridging service, detailed telecommunications	64245
billing service, directory assistance, vertical service, and voice	64246
mail service. As used in this division:	64247

(a) "Conference bridging service" means an ancillary service	64248
that links two or more participants of an audio or video	64249
conference call, including providing a telephone number.	64250
"Conference bridging service" does not include telecommunications	64251
services used to reach the conference bridge.	64252

(b) "Detailed telecommunications billing service" means an	64253
ancillary service of separately stating information pertaining to	64254
individual calls on a customer's billing statement.	64255

(c) "Directory assistance" means an ancillary service of	64256
providing telephone number or address information.	64257

(d) "Vertical service" means an ancillary service that is	64258
offered in connection with one or more telecommunications	64259
services, which offers advanced calling features that allow	64260
customers to identify callers and manage multiple calls and call	64261
connections, including conference bridging service.	64262

(e) "Voice mail service" means an ancillary service that	64263
enables the customer to store, send, or receive recorded messages.	64264
"Voice mail service" does not include any vertical services that	64265
the customer may be required to have in order to utilize the voice	64266
mail service.	64267

(3) "900 service" means an inbound toll telecommunications	64268
service purchased by a subscriber that allows the subscriber's	64269
customers to call in to the subscriber's prerecorded announcement	64270
or live service, and which is typically marketed under the name	64271
"900" service and any subsequent numbers designated by the federal	64272
communications commission. "900 service" does not include the	64273
charge for collection services provided by the seller of the	64274
telecommunications service to the subscriber, or services or	64275
products sold by the subscriber to the subscriber's customer.	64276

(4) "Prepaid calling service" means the right to access	64277
exclusively telecommunications services, which must be paid for in	64278
advance and which enables the origination of calls using an access	64279
number or authorization code, whether manually or electronically	64280
dialed, and that is sold in predetermined units of dollars of	64281
which the number declines with use in a known amount.	64282

(5) "Prepaid wireless calling service" means a	64283
telecommunications service that provides the right to utilize	64284
mobile telecommunications service as well as other	64285
non-telecommunications services, including the download of digital	64286
products delivered electronically, and content and ancillary	64287
services, that must be paid for in advance and that is sold in	64288
predetermined units of dollars of which the number declines with	64289
use in a known amount.	64290

(6) "Value-added non-voice data service" means a	64291
telecommunications service in which computer processing	64292
applications are used to act on the form, content, code, or	64293
protocol of the information or data primarily for a purpose other	64294
than transmission, conveyance, or routing.	64295

(7) "Coin-operated telephone service" means a	64296
telecommunications service paid for by inserting money into a	64297
telephone accepting direct deposits of money to operate.	64298

(8) "Customer" has the same meaning as in section 5739.034 of	64299
the Revised Code.	64300

(BB) "Laundry and dry cleaning services" means removing soil	64301
or dirt from towels, linens, articles of clothing, or other fabric	64302
items that belong to others and supplying towels, linens, articles	64303
of clothing, or other fabric items. "Laundry and dry cleaning	64304
services" does not include the provision of self-service	64305
facilities for use by consumers to remove soil or dirt from	64306
towels, linens, articles of clothing, or other fabric items.	64307

(CC) "Magazines distributed as controlled circulation	64308
publications" means magazines containing at least twenty-four	64309
pages, at least twenty-five per cent editorial content, issued at	64310
regular intervals four or more times a year, and circulated	64311
without charge to the recipient, provided that such magazines are	64312
not owned or controlled by individuals or business concerns which	64313
conduct such publications as an auxiliary to, and essentially for	64314
the advancement of the main business or calling of, those who own	64315
or control them.	64316

(DD) "Landscaping and lawn care service" means the services	64317
of planting, seeding, sodding, removing, cutting, trimming,	64318
pruning, mulching, aerating, applying chemicals, watering,	64319
fertilizing, and providing similar services to establish, promote,	64320
or control the growth of trees, shrubs, flowers, grass, ground	64321
cover, and other flora, or otherwise maintaining a lawn or	64322
landscape grown or maintained by the owner for ornamentation or	64323
other nonagricultural purpose. However, "landscaping and lawn care	64324
service" does not include the providing of such services by a	64325
person who has less than five thousand dollars in sales of such	64326
services during the calendar year.	64327

(EE) "Private investigation and security service" means the	64328
performance of any activity for which the provider of such service	64329
is required to be licensed pursuant to Chapter 4749. of the	64330
Revised Code, or would be required to be so licensed in performing	64331
such services in this state, and also includes the services of	64332
conducting polygraph examinations and of monitoring or overseeing	64333
the activities on or in, or the condition of, the consumer's home,	64334
business, or other facility by means of electronic or similar	64335
monitoring devices. "Private investigation and security service"	64336
does not include special duty services provided by off-duty police	64337
officers, deputy sheriffs, and other peace officers regularly	64338
employed by the state or a political subdivision.	64339

(FF) "Information services" means providing conversation,	64340
giving consultation or advice, playing or making a voice or other	64341
recording, making or keeping a record of the number of callers,	64342
and any other service provided to a consumer by means of a nine	64343
hundred telephone call, except when the nine hundred telephone	64344
call is the means by which the consumer makes a contribution to a	64345
recognized charity.	64346

(GG) "Research and development" means designing, creating, or	64347
formulating new or enhanced products, equipment, or manufacturing	64348
processes, and also means conducting scientific or technological	64349
inquiry and experimentation in the physical sciences with the goal	64350
of increasing scientific knowledge which may reveal the bases for	64351
new or enhanced products, equipment, or manufacturing processes.	64352

(HH) "Qualified research and development equipment" means	64353
capitalized tangible personal property, and leased personal	64354
property that would be capitalized if purchased, used by a person	64355
primarily to perform research and development. Tangible personal	64356
property primarily used in testing, as defined in division (A)(4)	64357
of section 5739.011 of the Revised Code, or used for recording or	64358
storing test results, is not qualified research and development	64359
equipment unless such property is primarily used by the consumer	64360
in testing the product, equipment, or manufacturing process being	64361
created, designed, or formulated by the consumer in the research	64362
and development activity or in recording or storing such test	64363
results.	64364

(II) "Building maintenance and janitorial service" means	64365
cleaning the interior or exterior of a building and any tangible	64366
personal property located therein or thereon, including any	64367
services incidental to such cleaning for which no separate charge	64368
is made. However, "building maintenance and janitorial service"	64369
does not include the providing of such service by a person who has	64370
less than five thousand dollars in sales of such service during	64371
the calendar year.	64372

(JJ) "Employment service" means providing or supplying	64373
personnel, on a temporary or long-term basis, to perform work or	64374
labor under the supervision or control of another, when the	64375
personnel so supplied receive their wages, salary, or other	64376
compensation from the provider of the service. "Employment	64377
service" does not include:	64378

(1) Acting as a contractor or subcontractor, where the	64379
personnel performing the work are not under the direct control of	64380
the purchaser.	64381

(2) Medical and health care services.

64382

(3) Supplying personnel to a purchaser pursuant to a contract	64383
of at least one year between the service provider and the	64384
purchaser that specifies that each employee covered under the	64385
contract is assigned to the purchaser on a permanent basis.	64386

(4) Transactions between members of an affiliated group, as	64387
defined in division (B)(3)(e) of this section.	64388

(KK) "Employment placement service" means locating or finding	64389
employment for a person or finding or locating an employee to fill	64390
an available position.	64391

(LL) "Exterminating service" means eradicating or attempting	64392
to eradicate vermin infestations from a building or structure, or	64393
the area surrounding a building or structure, and includes	64394
activities to inspect, detect, or prevent vermin infestation of a	64395
building or structure.	64396

(MM) "Physical fitness facility service" means all	64397
transactions by which a membership is granted, maintained, or	64398
renewed, including initiation fees, membership dues, renewal fees,	64399
monthly minimum fees, and other similar fees and dues, by a	64400
physical fitness facility such as an athletic club, health spa, or	64401
gymnasium, which entitles the member to use the facility for	64402
physical exercise.	64403

(NN) "Recreation and sports club service" means all	64404
transactions by which a membership is granted, maintained, or	64405
renewed, including initiation fees, membership dues, renewal fees,	64406
monthly minimum fees, and other similar fees and dues, by a	64407
recreation and sports club, which entitles the member to use the	64408
facilities of the organization. "Recreation and sports club" means	64409
an organization that has ownership of, or controls or leases on a	64410
continuing, long-term basis, the facilities used by its members	64411
and includes an aviation club, gun or shooting club, yacht club,	64412
card club, swimming club, tennis club, golf club, country club,	64413
riding club, amateur sports club, or similar organization.	64414

(OO) "Livestock" means farm animals commonly raised for food	64415
or food production, and includes but is not limited to cattle,	64416
sheep, goats, swine, and poultry. "Livestock" does not include	64417
invertebrates, fish, amphibians, reptiles, horses, domestic pets,	64418
animals for use in laboratories or for exhibition, or other	64419
animals not commonly raised for food or food production.	64420

(PP) "Livestock structure" means a building or structure used	64421
exclusively for the housing, raising, feeding, or sheltering of	64422
livestock, and includes feed storage or handling structures and	64423
structures for livestock waste handling.	64424

(QQ) "Horticulture" means the growing, cultivation, and	64425
production of flowers, fruits, herbs, vegetables, sod, mushrooms,	64426
and nursery stock. As used in this division, "nursery stock" has	64427
the same meaning as in section 927.51 of the Revised Code.	64428

(RR) "Horticulture structure" means a building or structure	64429
used exclusively for the commercial growing, raising, or	64430
overwintering of horticultural products, and includes the area	64431
used for stocking, storing, and packing horticultural products	64432
when done in conjunction with the production of those products.	64433

(SS) "Newspaper" means an unbound publication bearing a title	64434
or name that is regularly published, at least as frequently as	64435
biweekly, and distributed from a fixed place of business to the	64436
public in a specific geographic area, and that contains a	64437
substantial amount of news matter of international, national, or	64438
local events of interest to the general public.	64439

(TT) "Professional racing team" means a person that employs	64440
at least twenty full-time employees for the purpose of conducting	64441
a motor vehicle racing business for profit. The person must	64442
conduct the business with the purpose of racing one or more motor	64443
racing vehicles in at least ten competitive professional racing	64444
events each year that comprise all or part of a motor racing	64445
series sanctioned by one or more motor racing sanctioning	64446
organizations. A "motor racing vehicle" means a vehicle for which	64447
the chassis, engine, and parts are designed exclusively for motor	64448
racing, and does not include a stock or production model vehicle	64449
that may be modified for use in racing. For the purposes of this	64450
division:	64451

(1) A "competitive professional racing event" is a motor	64452
vehicle racing event sanctioned by one or more motor racing	64453
sanctioning organizations, at which aggregate cash prizes in	64454
excess of eight hundred thousand dollars are awarded to the	64455
competitors.	64456

(2) "Full-time employee" means an individual who is employed	64457
for consideration for thirty-five or more hours a week, or who	64458
renders any other standard of service generally accepted by custom	64459
or specified by contract as full-time employment.	64460

(UU)(1) "Lease" or "rental" means any transfer of the	64461
possession or control of tangible personal property for a fixed or	64462
indefinite term, for consideration. "Lease" or "rental" includes	64463
future options to purchase or extend, and agreements described in	64464
26 U.S.C. 7701(h)(1) covering motor vehicles and trailers where	64465
the amount of consideration may be increased or decreased by	64466
reference to the amount realized upon the sale or disposition of	64467
the property. "Lease" or "rental" does not include:	64468

(a) A transfer of possession or control of tangible personal	64469
property under a security agreement or a deferred payment plan	64470
that requires the transfer of title upon completion of the	64471
required payments;	64472

(b) A transfer of possession or control of tangible personal	64473
property under an agreement that requires the transfer of title	64474
upon completion of required payments and payment of an option	64475
price that does not exceed the greater of one hundred dollars or	64476
one per cent of the total required payments;	64477

(c) Providing tangible personal property along with an	64478
operator for a fixed or indefinite period of time, if the operator	64479
is necessary for the property to perform as designed. For purposes	64480
of this division, the operator must do more than maintain,	64481
inspect, or set-up the tangible personal property.	64482

(2) "Lease" and "rental," as defined in division (UU) of this	64483
section, shall not apply to leases or rentals that exist before	64484
~~the effective date of this amendment~~June 26, 2003.	64485

(3) "Lease" and "rental" have the same meaning as in division	64486
(UU)(1) of this section regardless of whether a transaction is	64487
characterized as a lease or rental under generally accepted	64488
accounting principles, the Internal Revenue Code, Title XIII of	64489
the Revised Code, or other federal, state, or local laws.	64490

(VV) "Mobile telecommunications service" has the same meaning	64491
as in the "Mobile Telecommunications Sourcing Act," Pub. L. No.	64492
106-252, 114 Stat. 631 (2000), 4 U.S.C.A. 124(7), as amended, and,	64493
on and after August 1, 2003, includes related fees and ancillary	64494
services, including universal service fees, detailed billing	64495
service, directory assistance, service initiation, voice mail	64496
service, and vertical services, such as caller ID and three-way	64497
calling.	64498

(WW) "Certified service provider" has the same meaning as in	64499
section 5740.01 of the Revised Code.	64500

(XX) "Satellite broadcasting service" means the distribution	64501
or broadcasting of programming or services by satellite directly	64502
to the subscriber's receiving equipment without the use of ground	64503
receiving or distribution equipment, except the subscriber's	64504
receiving equipment or equipment used in the uplink process to the	64505
satellite, and includes all service and rental charges, premium	64506
channels or other special services, installation and repair	64507
service charges, and any other charges having any connection with	64508
the provision of the satellite broadcasting service.	64509

(YY) "Tangible personal property" means personal property	64510
that can be seen, weighed, measured, felt, or touched, or that is	64511
in any other manner perceptible to the senses. For purposes of	64512
this chapter and Chapter 5741. of the Revised Code, "tangible	64513
personal property" includes motor vehicles, electricity, water,	64514
gas, steam, and prewritten computer software.	64515

(ZZ) "Direct mail" means printed material delivered or	64516
distributed by United States mail or other delivery service to a	64517
mass audience or to addressees on a mailing list provided by the	64518
consumer or at the direction of the consumer when the cost of the	64519
items are not billed directly to the recipients. "Direct mail"	64520
includes tangible personal property supplied directly or	64521
indirectly by the consumer to the direct mail vendor for inclusion	64522
in the package containing the printed material. "Direct mail" does	64523
not include multiple items of printed material delivered to a	64524
single address.	64525

(AAA) "Computer" means an electronic device that accepts	64526
information in digital or similar form and manipulates it for a	64527
result based on a sequence of instructions.	64528

(BBB) "Computer software" means a set of coded instructions	64529
designed to cause a computer or automatic data processing	64530
equipment to perform a task.	64531

(CCC) "Delivered electronically" means delivery of computer	64532
software from the seller to the purchaser by means other than	64533
tangible storage media.	64534

(DDD) "Prewritten computer software" means computer software,	64535
including prewritten upgrades, that is not designed and developed	64536
by the author or other creator to the specifications of a specific	64537
purchaser. The combining of two or more prewritten computer	64538
software programs or prewritten portions thereof does not cause	64539
the combination to be other than prewritten computer software.	64540
"Prewritten computer software" includes software designed and	64541
developed by the author or other creator to the specifications of	64542
a specific purchaser when it is sold to a person other than the	64543
purchaser. If a person modifies or enhances computer software of	64544
which the person is not the author or creator, the person shall be	64545
deemed to be the author or creator only of such person's	64546
modifications or enhancements. Prewritten computer software or a	64547
prewritten portion thereof that is modified or enhanced to any	64548
degree, where such modification or enhancement is designed and	64549
developed to the specifications of a specific purchaser, remains	64550
prewritten computer software; provided, however, that where there	64551
is a reasonable, separately stated charge or an invoice or other	64552
statement of the price given to the purchaser for the modification	64553
or enhancement, the modification or enhancement shall not	64554
constitute prewritten computer software.	64555

(EEE)(1) ~~Prior to July 1, 2004, "food" means cereals and~~	64556
~~cereal products, milk and milk products including ice cream, meat~~	64557
~~and meat products, fish and fish products, eggs and egg products,~~	64558
~~vegetables and vegetable products, fruits, fruit products, and~~	64559
~~pure fruit juices, condiments, sugar and sugar products, coffee~~	64560
~~and coffee substitutes, tea, and cocoa and cocoa products. "Food"~~	64561
~~does not include spirituous liquors, wine, mixed beverages, or~~	64562
~~beer; soft drinks; sodas and beverages that are ordinarily~~	64563
~~dispensed at or in connection with bars and soda fountains, other~~	64564
~~than coffee, tea, and cocoa; root beer and root beer extracts;~~	64565
~~malt and malt extracts; mineral oils, cod liver oils, and halibut~~	64566
~~liver oil; medicines, including tonics, vitamin preparations, and~~	64567
~~other products sold primarily for their medicinal properties; and~~	64568
~~water, including mineral, bottled, and carbonated waters, and ice.~~	64569

~~(2) On and after July 1, 2004, "food~~"Food" means substances,	64570
whether in liquid, concentrated, solid, frozen, dried, or	64571
dehydrated form, that are sold for ingestion or chewing by humans	64572
and are consumed for their taste or nutritional value. "Food" does	64573
not include alcoholic beverages, dietary supplements, soft drinks,	64574
or tobacco.	64575

~~(3)~~(2) As used in division (EEE)~~(2)~~(1) of this section:

64576

(a) "Alcoholic beverages" means beverages that are suitable	64577
for human consumption and contain one-half of one per cent or more	64578
of alcohol by volume.	64579

(b) "Dietary supplements" means any product, other than	64580
tobacco, that is intended to supplement the diet and that is	64581
intended for ingestion in tablet, capsule, powder, softgel,	64582
gelcap, or liquid form, or, if not intended for ingestion in such	64583
a form, is not represented as conventional food for use as a sole	64584
item of a meal or of the diet; that is required to be labeled as a	64585
dietary supplement, identifiable by the "supplement facts" box	64586
found on the label, as required by 21 C.F.R. 101.36; and that	64587
contains one or more of the following dietary ingredients:	64588

(i) A vitamin;

64589

(ii) A mineral;

64590

(iii) An herb or other botanical;

64591

(iv) An amino acid;

64592

(v) A dietary substance for use by humans to supplement the	64593
diet by increasing the total dietary intake;	64594

(vi) A concentrate, metabolite, constituent, extract, or	64595
combination of any ingredient described in divisions	64596
(EEE)~~(3)~~(2)(b)(i) to (v) of this section.	64597

(c) "Soft drinks" means nonalcoholic beverages that contain	64598
natural or artificial sweeteners. "Soft drinks" does not include	64599
beverages that contain milk or milk products, soy, rice, or	64600
similar milk substitutes, or that contains greater than fifty per	64601
cent vegetable or fruit juice by volume.	64602

(d) "Tobacco" means cigarettes, cigars, chewing or pipe	64603
tobacco, or any other item that contains tobacco.	64604

(FFF) "Drug" means a compound, substance, or preparation, and	64605
any component of a compound, substance, or preparation, other than	64606
food, dietary supplements, or alcoholic beverages that is	64607
recognized in the official United States pharmacopoeia, official	64608
homeopathic pharmacopoeia of the United States, or official	64609
national formulary, and supplements to them; is intended for use	64610
in the diagnosis, cure, mitigation, treatment, or prevention of	64611
disease; or is intended to affect the structure or any function of	64612
the body.	64613

(GGG) "Prescription" means an order, formula, or recipe	64614
issued in any form of oral, written, electronic, or other means of	64615
transmission by a duly licensed practitioner authorized by the	64616
laws of this state to issue a prescription.	64617

(HHH) "Durable medical equipment" means equipment, including	64618
repair and replacement parts for such equipment, that can	64619
withstand repeated use, is primarily and customarily used to serve	64620
a medical purpose, generally is not useful to a person in the	64621
absence of illness or injury, and is not worn in or on the body.	64622
"Durable medical equipment" does not include mobility enhancing	64623
equipment.	64624

(III) "Mobility enhancing equipment" means equipment,	64625
including repair and replacement parts for such equipment, that is	64626
primarily and customarily used to provide or increase the ability	64627
to move from one place to another and is appropriate for use	64628
either in a home or a motor vehicle, that is not generally used by	64629
persons with normal mobility, and that does not include any motor	64630
vehicle or equipment on a motor vehicle normally provided by a	64631
motor vehicle manufacturer. "Mobility enhancing equipment" does	64632
not include durable medical equipment.	64633

(JJJ) "Prosthetic device" means a replacement, corrective, or	64634
supportive device, including repair and replacement parts for the	64635
device, worn on or in the human body to artificially replace a	64636
missing portion of the body, prevent or correct physical deformity	64637
or malfunction, or support a weak or deformed portion of the body.	64638
As used in this division, "prosthetic device" does not include	64639
corrective eyeglasses, contact lenses, or dental prosthesis.	64640

(KKK)(1) "Fractional aircraft ownership program" means a	64641
program in which persons within an affiliated group sell and	64642
manage fractional ownership program aircraft, provided that at	64643
least one hundred airworthy aircraft are operated in the program	64644
and the program meets all of the following criteria:	64645

(a) Management services are provided by at least one program	64646
manager within an affiliated group on behalf of the fractional	64647
owners.	64648

(b) Each program aircraft is owned or possessed by at least	64649
one fractional owner.	64650

(c) Each fractional owner owns or possesses at least a	64651
one-sixteenth interest in at least one fixed-wing program	64652
aircraft.	64653

(d) A dry-lease aircraft interchange arrangement is in effect	64654
among all of the fractional owners.	64655

(e) Multi-year program agreements are in effect regarding the	64656
fractional ownership, management services, and dry-lease aircraft	64657
interchange arrangement aspects of the program.	64658

(2) As used in division (KKK)(1) of this section:

64659

(a) "Affiliated group" has the same meaning as in division	64660
(B)(3)(e) of this section.	64661

(b) "Fractional owner" means a person that owns or possesses	64662
at least a one-sixteenth interest in a program aircraft and has	64663
entered into the agreements described in division (KKK)(1)(e) of	64664
this section.	64665

(c) "Fractional ownership program aircraft" or "program	64666
aircraft" means a turbojet aircraft that is owned or possessed by	64667
a fractional owner and that has been included in a dry-lease	64668
aircraft interchange arrangement and agreement under divisions	64669
(KKK)(1)(d) and (e) of this section, or an aircraft a program	64670
manager owns or possesses primarily for use in a fractional	64671
aircraft ownership program.	64672

(d) "Management services" means administrative and aviation	64673
support services furnished under a fractional aircraft ownership	64674
program in accordance with a management services agreement under	64675
division (KKK)(1)(e) of this section, and offered by the program	64676
manager to the fractional owners, including, at a minimum, the	64677
establishment and implementation of safety guidelines; the	64678
coordination of the scheduling of the program aircraft and crews;	64679
program aircraft maintenance; program aircraft insurance; crew	64680
training for crews employed, furnished, or contracted by the	64681
program manager or the fractional owner; the satisfaction of	64682
record-keeping requirements; and the development and use of an	64683
operations manual and a maintenance manual for the fractional	64684
aircraft ownership program.	64685

(e) "Program manager" means the person that offers management	64686
services to fractional owners pursuant to a management services	64687
agreement under division (KKK)(1)(e) of this section.	64688

Sec. 5739.012. (A) As used in this section:

64689

(1) "Bundled transaction" means the retail sale of two or	64690
more products, except real property and services to real property,	64691
where the products are otherwise distinct and identifiable	64692
products and are sold for one non-itemized price. "Bundled	64693
transaction" does not include the sale of any products in which	64694
the sales price varies, or is negotiable, based on the selection	64695
by the consumer of the products included in the transaction.	64696

As used in division (A)(1) of this section:

64697

(a) "Distinct and identifiable products" does not include any	64698
of the following:	64699

(i) Packaging, including containers, boxes, sacks, bags, and	64700
bottles, and packaging materials, including wrapping, labels,	64701
tags, and instruction guides that accompany the retail sale of the	64702
products and are incidental or immaterial to the retail sale	64703
thereof;	64704

(ii) A product provided free of charge with the required	64705
purchase of another product. A product is provided free of charge	64706
if the sales price of the product purchased does not vary	64707
depending on the inclusion of the product provided free of charge.	64708

(iii) Items included in the definition of "price" under	64709
division (H) of section 5739.01 of the Revised Code.	64710

(b) "One non-itemized price" does not include a price that is	64711
separately identified by product on binding sales or other	64712
supporting sales-related documents made available to the consumer	64713
in paper or electronic form, including an invoice, bill of sale,	64714
receipt, contract, service agreement, lease agreement, periodic	64715
notice of rates and services, rate card, or price list.	64716

(2) "De minimis" means the vendor's or seller's purchase	64717
price or sales price of taxable products is ten per cent or less	64718
of the total purchase price or sales price of bundled products.	64719
Vendors and sellers shall use either the purchase price or the	64720
sales price of the products to determine if the taxable products	64721
are de minimis, and shall use the full term of a service contract	64722
to determine if the taxable products are de minimis. Vendors and	64723
sellers shall not use a combination of the purchase price and	64724
sales price of the products to determine if the taxable products	64725
are de minimis.	64726

(3) "Over-the-counter drug" means a drug that contains a	64727
label that identifies the product as a drug as required by 21	64728
C.F.R. 201.66, and the label includes either a "Drug Facts" panel	64729
or a statement of the active ingredients with a list of those	64730
ingredients contained in the drug.	64731

(B) A transaction that otherwise meets the definition of a	64732
bundled transaction is not a bundled transaction if it is any of	64733
the following:	64734

(1) A retail sale of tangible personal property and a service	64735
where the tangible personal property is essential to the use of	64736
the service, and is provided exclusively in connection with the	64737
service, and the true object of the transaction is the service;	64738

(2) A retail sale of services where one service is provided	64739
that is essential to the use or receipt of a second service, the	64740
first service is provided exclusively in connection with the	64741
second service, and the true object of the transaction is the	64742
second service;	64743

(3) A transaction that includes taxable products and	64744
nontaxable products, and the purchase price or sales price of the	64745
taxable products is de minimis;	64746

(4) A retail sale of exempt tangible personal property and	64747
taxable tangible personal property where the transaction includes	64748
food and food ingredients, drugs, durable medical equipment,	64749
mobility enhancing equipment, over-the-counter drugs, prosthetic	64750
devices, or medical supplies, and the vendor's or seller's	64751
purchase price or sales price of the taxable tangible personal	64752
property is fifty per cent or less of the total purchase price or	64753
sales price of the bundled tangible personal property. Vendors and	64754
sellers may not use a combination of the purchase price and sales	64755
price of the tangible personal property when making the fifty per	64756
cent determination for a transaction.	64757

(C) In the case of a bundled transaction that includes	64758
telecommunications service, ancillary service, internet access, or	64759
audio or video programming service:	64760

(1) If the price is attributable to products that are taxable	64761
and products that are nontaxable, the portion of the price	64762
attributable to the nontaxable products shall be subject to tax	64763
unless the provider, by reasonable and verifiable standards, can	64764
identify the portion from its books and records that are kept in	64765
the regular course of business for other purposes, including, but	64766
not limited to, non-tax purposes.	64767

(2) If the price is attributable to products that are subject	64768
to tax at different tax rates, the total price shall be treated as	64769
attributable to the products subject to tax at the highest tax	64770
rate unless the provider can identify by reasonable and verifiable	64771
standards the portion of the price attributable to the products	64772
subject to tax at the lower rate from its books and records that	64773
are kept in the regular course of business for other purposes,	64774
including non-tax purposes.	64775

(D) In all other cases of bundled transactions, the	64776
taxability of the transaction shall be determined by the true	64777
object of the consumer entering into the transaction.	64778

Sec. 5739.02. For the purpose of providing revenue with	64779
which to meet the needs of the state, for the use of the general	64780
revenue fund of the state, for the purpose of securing a thorough	64781
and efficient system of common schools throughout the state, for	64782
the purpose of affording revenues, in addition to those from	64783
general property taxes, permitted under constitutional	64784
limitations, and from other sources, for the support of local	64785
governmental functions, and for the purpose of reimbursing the	64786
state for the expense of administering this chapter, an excise tax	64787
is hereby levied on each retail sale made in this state.	64788

(A)(1) The tax shall be collected as provided in section	64789
5739.025 of the Revised Code, provided that on and after July 1,	64790
2003, and on or before June 30, 2005, the rate of tax shall be six	64791
per cent. On and after July 1, 2005, the rate of the tax shall be	64792
five and one-half per cent. The tax applies and is collectible	64793
when the sale is made, regardless of the time when the price is	64794
paid or delivered.	64795

(2) In the case of the lease or rental, with a fixed term of	64796
more than thirty days or an indefinite term with a minimum period	64797
of more than thirty days, of any motor vehicles designed by the	64798
manufacturer to carry a load of not more than one ton, watercraft,	64799
outboard motor, or aircraft, or of any tangible personal property,	64800
other than motor vehicles designed by the manufacturer to carry a	64801
load of more than one ton, to be used by the lessee or renter	64802
primarily for business purposes, the tax shall be collected by the	64803
vendor at the time the lease or rental is consummated and shall be	64804
calculated by the vendor on the basis of the total amount to be	64805
paid by the lessee or renter under the lease agreement. If the	64806
total amount of the consideration for the lease or rental includes	64807
amounts that are not calculated at the time the lease or rental is	64808
executed, the tax shall be calculated and collected by the vendor	64809
at the time such amounts are billed to the lessee or renter. In	64810
the case of an open-end lease or rental, the tax shall be	64811
calculated by the vendor on the basis of the total amount to be	64812
paid during the initial fixed term of the lease or rental, and for	64813
each subsequent renewal period as it comes due. As used in this	64814
division, "motor vehicle" has the same meaning as in section	64815
4501.01 of the Revised Code, and "watercraft" includes an outdrive	64816
unit attached to the watercraft.	64817

A lease with a renewal clause and a termination penalty or	64818
similar provision that applies if the renewal clause is not	64819
exercised is presumed to be a sham transaction. In such a case,	64820
the tax shall be calculated and paid on the basis of the entire	64821
length of the lease period, including any renewal periods, until	64822
the termination penalty or similar provision no longer applies.	64823
The taxpayer shall bear the burden, by a preponderance of the	64824
evidence, that the transaction or series of transactions is not a	64825
sham transaction.	64826

(3) Except as provided in division (A)(2) of this section, in	64827
the case of a sale, the price of which consists in whole or in	64828
part of the lease or rental of tangible personal property, the tax	64829
shall be measured by the installments of that lease or rental.	64830

(4) In the case of a sale of a physical fitness facility	64831
service or recreation and sports club service, the price of which	64832
consists in whole or in part of a membership for the receipt of	64833
the benefit of the service, the tax applicable to the sale shall	64834
be measured by the installments thereof.	64835

(B) The tax does not apply to the following:

64836

(1) Sales to the state or any of its political subdivisions,	64837
or to any other state or its political subdivisions if the laws of	64838
that state exempt from taxation sales made to this state and its	64839
political subdivisions;	64840

(2) Sales of food for human consumption off the premises	64841
where sold;	64842

(3) Sales of food sold to students only in a cafeteria,	64843
dormitory, fraternity, or sorority maintained in a private,	64844
public, or parochial school, college, or university;	64845

(4) Sales of newspapers and of magazine subscriptions and	64846
sales or transfers of magazines distributed as controlled	64847
circulation publications;	64848

(5) The furnishing, preparing, or serving of meals without	64849
charge by an employer to an employee provided the employer records	64850
the meals as part compensation for services performed or work	64851
done;	64852

(6) Sales of motor fuel upon receipt, use, distribution, or	64853
sale of which in this state a tax is imposed by the law of this	64854
state, but this exemption shall not apply to the sale of motor	64855
fuel on which a refund of the tax is allowable under division (A)	64856
of section 5735.14 of the Revised Code; and the tax commissioner	64857
may deduct the amount of tax levied by this section applicable to	64858
the price of motor fuel when granting a refund of motor fuel tax	64859
pursuant to division (A) of section 5735.14 of the Revised Code	64860
and shall cause the amount deducted to be paid into the general	64861
revenue fund of this state;	64862

(7) Sales of natural gas by a natural gas company, of water	64863
by a water-works company, or of steam by a heating company, if in	64864
each case the thing sold is delivered to consumers through pipes	64865
or conduits, and all sales of communications services by a	64866
telegraph company, all terms as defined in section 5727.01 of the	64867
Revised Code, and sales of electricity delivered through wires;	64868

(8) Casual sales by a person, or auctioneer employed directly	64869
by the person to conduct such sales, except as to such sales of	64870
motor vehicles, watercraft or outboard motors required to be	64871
titled under section 1548.06 of the Revised Code, watercraft	64872
documented with the United States coast guard, snowmobiles, and	64873
all-purpose vehicles as defined in section 4519.01 of the Revised	64874
Code;	64875

(9) Sales of services or tangible personal property, other	64876
than motor vehicles, mobile homes, and manufactured homes, by	64877
churches, organizations exempt from taxation under section	64878
501(c)(3) of the Internal Revenue Code of 1986, or nonprofit	64879
organizations operated exclusively for charitable purposes as	64880
defined in division (B)(12) of this section, provided that the	64881
number of days on which such tangible personal property or	64882
services, other than items never subject to the tax, are sold does	64883
not exceed six in any calendar year. If the number of days on	64884
which such sales are made exceeds six in any calendar year, the	64885
church or organization shall be considered to be engaged in	64886
business and all subsequent sales by it shall be subject to the	64887
tax. In counting the number of days, all sales by groups within a	64888
church or within an organization shall be considered to be sales	64889
of that church or organization, except that sales made by separate	64890
student clubs and other groups of students of a primary or	64891
secondary school, and sales made by a parent-teacher association,	64892
booster group, or similar organization that raises money to	64893
support or fund curricular or extracurricular activities of a	64894
primary or secondary school, shall not be considered to be sales	64895
of such school, and sales by each such club, group, association,	64896
or organization shall be counted separately for purposes of the	64897
six-day limitation. This division does not apply to sales by a	64898
noncommercial educational radio or television broadcasting	64899
station.	64900

(10) Sales not within the taxing power of this state under	64901
the Constitution of the United States;	64902

(11) Except for transactions that are sales under division	64903
(B)(3)~~(s)~~(r) of section 5739.01 of the Revised Code, the	64904
transportation of persons or property, unless the transportation	64905
is by a private investigation and security service;	64906

(12) Sales of tangible personal property or services to	64907
churches, to organizations exempt from taxation under section	64908
501(c)(3) of the Internal Revenue Code of 1986, and to any other	64909
nonprofit organizations operated exclusively for charitable	64910
purposes in this state, no part of the net income of which inures	64911
to the benefit of any private shareholder or individual, and no	64912
substantial part of the activities of which consists of carrying	64913
on propaganda or otherwise attempting to influence legislation;	64914
sales to offices administering one or more homes for the aged or	64915
one or more hospital facilities exempt under section 140.08 of the	64916
Revised Code; and sales to organizations described in division (D)	64917
of section 5709.12 of the Revised Code.	64918

"Charitable purposes" means the relief of poverty; the	64919
improvement of health through the alleviation of illness, disease,	64920
or injury; the operation of an organization exclusively for the	64921
provision of professional, laundry, printing, and purchasing	64922
services to hospitals or charitable institutions; the operation of	64923
a home for the aged, as defined in section 5701.13 of the Revised	64924
Code; the operation of a radio or television broadcasting station	64925
that is licensed by the federal communications commission as a	64926
noncommercial educational radio or television station; the	64927
operation of a nonprofit animal adoption service or a county	64928
humane society; the promotion of education by an institution of	64929
learning that maintains a faculty of qualified instructors,	64930
teaches regular continuous courses of study, and confers a	64931
recognized diploma upon completion of a specific curriculum; the	64932
operation of a parent-teacher association, booster group, or	64933
similar organization primarily engaged in the promotion and	64934
support of the curricular or extracurricular activities of a	64935
primary or secondary school; the operation of a community or area	64936
center in which presentations in music, dramatics, the arts, and	64937
related fields are made in order to foster public interest and	64938
education therein; the production of performances in music,	64939
dramatics, and the arts; or the promotion of education by an	64940
organization engaged in carrying on research in, or the	64941
dissemination of, scientific and technological knowledge and	64942
information primarily for the public.	64943

Nothing in this division shall be deemed to exempt sales to	64944
any organization for use in the operation or carrying on of a	64945
trade or business, or sales to a home for the aged for use in the	64946
operation of independent living facilities as defined in division	64947
(A) of section 5709.12 of the Revised Code.	64948

(13) Building and construction materials and services sold to	64949
construction contractors for incorporation into a structure or	64950
improvement to real property under a construction contract with	64951
this state or a political subdivision of this state, or with the	64952
United States government or any of its agencies; building and	64953
construction materials and services sold to construction	64954
contractors for incorporation into a structure or improvement to	64955
real property that are accepted for ownership by this state or any	64956
of its political subdivisions, or by the United States government	64957
or any of its agencies at the time of completion of the structures	64958
or improvements; building and construction materials sold to	64959
construction contractors for incorporation into a horticulture	64960
structure or livestock structure for a person engaged in the	64961
business of horticulture or producing livestock; building	64962
materials and services sold to a construction contractor for	64963
incorporation into a house of public worship or religious	64964
education, or a building used exclusively for charitable purposes	64965
under a construction contract with an organization whose purpose	64966
is as described in division (B)(12) of this section; building	64967
materials and services sold to a construction contractor for	64968
incorporation into a building under a construction contract with	64969
an organization exempt from taxation under section 501(c)(3) of	64970
the Internal Revenue Code of 1986 when the building is to be used	64971
exclusively for the organization's exempt purposes; building and	64972
construction materials sold for incorporation into the original	64973
construction of a sports facility under section 307.696 of the	64974
Revised Code; and building and construction materials and services	64975
sold to a construction contractor for incorporation into real	64976
property outside this state if such materials and services, when	64977
sold to a construction contractor in the state in which the real	64978
property is located for incorporation into real property in that	64979
state, would be exempt from a tax on sales levied by that state;	64980

(14) Sales of ships or vessels or rail rolling stock used or	64981
to be used principally in interstate or foreign commerce, and	64982
repairs, alterations, fuel, and lubricants for such ships or	64983
vessels or rail rolling stock;	64984

(15) Sales to persons primarily engaged in any of the	64985
activities mentioned in division (B)(43)(a) or (g) of this	64986
section, to persons engaged in making retail sales, or to persons	64987
who purchase for sale from a manufacturer tangible personal	64988
property that was produced by the manufacturer in accordance with	64989
specific designs provided by the purchaser, of packages, including	64990
material, labels, and parts for packages, and of machinery,	64991
equipment, and material for use primarily in packaging tangible	64992
personal property produced for sale, including any machinery,	64993
equipment, and supplies used to make labels or packages, to	64994
prepare packages or products for labeling, or to label packages or	64995
products, by or on the order of the person doing the packaging, or	64996
sold at retail. "Packages" includes bags, baskets, cartons,	64997
crates, boxes, cans, bottles, bindings, wrappings, and other	64998
similar devices and containers, but does not include motor	64999
vehicles or bulk tanks, trailers, or similar devices attached to	65000
motor vehicles. "Packaging" means placing in a package. Division	65001
(B)~~(14)~~(15) of this section does not apply to persons engaged in	65002
highway transportation for hire.	65003

(16) Sales of food to persons using food stamp benefits to	65004
purchase the food. As used in this division, "food" has the same	65005
meaning as in the "Food Stamp Act of 1977," 91 Stat. 958, 7 U.S.C.	65006
2012, as amended, and federal regulations adopted pursuant to that	65007
act.	65008

(17) Sales to persons engaged in farming, agriculture,	65009
horticulture, or floriculture, of tangible personal property for	65010
use or consumption directly in the production by farming,	65011
agriculture, horticulture, or floriculture of other tangible	65012
personal property for use or consumption directly in the	65013
production of tangible personal property for sale by farming,	65014
agriculture, horticulture, or floriculture; or material and parts	65015
for incorporation into any such tangible personal property for use	65016
or consumption in production; and of tangible personal property	65017
for such use or consumption in the conditioning or holding of	65018
products produced by and for such use, consumption, or sale by	65019
persons engaged in farming, agriculture, horticulture, or	65020
floriculture, except where such property is incorporated into real	65021
property;	65022

(18) Sales of drugs for a human being,that may be dispensed	65023
only pursuant to a prescription; insulin as recognized in the	65024
official United States pharmacopoeia; urine and blood testing	65025
materials when used by diabetics or persons with hypoglycemia to	65026
test for glucose or acetone; hypodermic syringes and needles when	65027
used by diabetics for insulin injections; epoetin alfa when	65028
purchased for use in the treatment of persons with medical	65029
disease; hospital beds when purchased ~~for use by persons with~~	65030
~~medical problems for medical purposes~~by hospitals, nursing homes,	65031
or other medical facilities; and medical oxygen and medical	65032
oxygen-dispensing equipment when purchased ~~for use by persons with~~	65033
~~medical problems for medical purposes~~by hospitals, nursing homes,	65034
or other medical facilities;	65035

(19) Sales of prosthetic devices, durable medical equipment	65036
for home use, or mobility enhancing equipment, when made pursuant	65037
to a prescription and when such devices or equipment are for use	65038
by a human being.	65039

(20) Sales of emergency and fire protection vehicles and	65040
equipment to nonprofit organizations for use solely in providing	65041
fire protection and emergency services, including trauma care and	65042
emergency medical services, for political subdivisions of the	65043
state;	65044

(21) Sales of tangible personal property manufactured in this	65045
state, if sold by the manufacturer in this state to a retailer for	65046
use in the retail business of the retailer outside of this state	65047
and if possession is taken from the manufacturer by the purchaser	65048
within this state for the sole purpose of immediately removing the	65049
same from this state in a vehicle owned by the purchaser;	65050

(22) Sales of services provided by the state or any of its	65051
political subdivisions, agencies, instrumentalities, institutions,	65052
or authorities, or by governmental entities of the state or any of	65053
its political subdivisions, agencies, instrumentalities,	65054
institutions, or authorities;	65055

(23) Sales of motor vehicles to nonresidents of this state	65056
upon the presentation of an affidavit executed in this state by	65057
the nonresident purchaser affirming that the purchaser is a	65058
nonresident of this state, that possession of the motor vehicle is	65059
taken in this state for the sole purpose of immediately removing	65060
it from this state, that the motor vehicle will be permanently	65061
titled and registered in another state, and that the motor vehicle	65062
will not be used in this state;	65063

(24) Sales to persons engaged in the preparation of eggs for	65064
sale of tangible personal property used or consumed directly in	65065
such preparation, including such tangible personal property used	65066
for cleaning, sanitizing, preserving, grading, sorting, and	65067
classifying by size; packages, including material and parts for	65068
packages, and machinery, equipment, and material for use in	65069
packaging eggs for sale; and handling and transportation equipment	65070
and parts therefor, except motor vehicles licensed to operate on	65071
public highways, used in intraplant or interplant transfers or	65072
shipment of eggs in the process of preparation for sale, when the	65073
plant or plants within or between which such transfers or	65074
shipments occur are operated by the same person. "Packages"	65075
includes containers, cases, baskets, flats, fillers, filler flats,	65076
cartons, closure materials, labels, and labeling materials, and	65077
"packaging" means placing therein.	65078

(25)(a) Sales of water to a consumer for residential use,	65079
except the sale of bottled water, distilled water, mineral water,	65080
carbonated water, or ice;	65081

(b) Sales of water by a nonprofit corporation engaged	65082
exclusively in the treatment, distribution, and sale of water to	65083
consumers, if such water is delivered to consumers through pipes	65084
or tubing.	65085

(26) Fees charged for inspection or reinspection of motor	65086
vehicles under section 3704.14 of the Revised Code;	65087

(27) Sales to persons licensed to conduct a food service	65088
operation pursuant to section 3717.43 of the Revised Code, of	65089
tangible personal property primarily used directly for the	65090
following:	65091

(a) To prepare food for human consumption for sale;

65092

(b) To preserve food that has been or will be prepared for	65093
human consumption for sale by the food service operator, not	65094
including tangible personal property used to display food for	65095
selection by the consumer;	65096

(c) To clean tangible personal property used to prepare or	65097
serve food for human consumption for sale.	65098

(28) Sales of animals by nonprofit animal adoption services	65099
or county humane societies;	65100

(29) Sales of services to a corporation described in division	65101
(A) of section 5709.72 of the Revised Code, and sales of tangible	65102
personal property that qualifies for exemption from taxation under	65103
section 5709.72 of the Revised Code;	65104

(30) Sales and installation of agricultural land tile, as	65105
defined in division (B)(5)(a) of section 5739.01 of the Revised	65106
Code;	65107

(31) Sales and erection or installation of portable grain	65108
bins, as defined in division (B)(5)(b) of section 5739.01 of the	65109
Revised Code;	65110

(32) The sale, lease, repair, and maintenance of, parts for,	65111
or items attached to or incorporated in, motor vehicles that are	65112
primarily used for transporting tangible personal property	65113
belonging to others by a person engaged in highway transportation	65114
for hire, except for packages and packaging used for the	65115
transportation of tangible personal property;	65116

(33) Sales to the state headquarters of any veterans'	65117
organization in this state that is either incorporated and issued	65118
a charter by the congress of the United States or is recognized by	65119
the United States veterans administration, for use by the	65120
headquarters;	65121

(34) Sales to a telecommunications service vendor, mobile	65122
telecommunications service vendor, or satellite broadcasting	65123
service vendor of tangible personal property and services used	65124
directly and primarily in transmitting, receiving, switching, or	65125
recording any interactive, one- or two-way electromagnetic	65126
communications, including voice, image, data, and information,	65127
through the use of any medium, including, but not limited to,	65128
poles, wires, cables, switching equipment, computers, and record	65129
storage devices and media, and component parts for the tangible	65130
personal property. The exemption provided in this division shall	65131
be in lieu of all other exemptions under division (B)(43)(a) of	65132
this section to which the vendor may otherwise be entitled, based	65133
upon the use of the thing purchased in providing the	65134
telecommunications, mobile telecommunications, or satellite	65135
broadcasting service.	65136

(35) Sales of investment metal bullion and investment coins.	65137
"Investment metal bullion" means any elementary precious metal	65138
that has been put through a process of smelting or refining,	65139
including, but not limited to, gold, silver, platinum, and	65140
palladium, and which is in such state or condition that its value	65141
depends upon its content and not upon its form. "Investment metal	65142
bullion" does not include fabricated precious metal that has been	65143
processed or manufactured for one or more specific and customary	65144
industrial, professional, or artistic uses. "Investment coins"	65145
means numismatic coins or other forms of money and legal tender	65146
manufactured of gold, silver, platinum, palladium, or other metal	65147
under the laws of the United States or any foreign nation with a	65148
fair market value greater than any statutory or nominal value of	65149
such coins.	65150

(36)(a) Sales where the purpose of the consumer is to use or	65151
consume the things transferred in making retail sales and	65152
consisting of newspaper inserts, catalogues, coupons, flyers, gift	65153
certificates, or other advertising material that prices and	65154
describes tangible personal property offered for retail sale.	65155

(b) Sales to direct marketing vendors of preliminary	65156
materials such as photographs, artwork, and typesetting that will	65157
be used in printing advertising material; of printed matter that	65158
offers free merchandise or chances to win sweepstake prizes and	65159
that is mailed to potential customers with advertising material	65160
described in division (B)(36)(a) of this section; and of equipment	65161
such as telephones, computers, facsimile machines, and similar	65162
tangible personal property primarily used to accept orders for	65163
direct marketing retail sales.	65164

(c) Sales of automatic food vending machines that preserve	65165
food with a shelf life of forty-five days or less by refrigeration	65166
and dispense it to the consumer.	65167

For purposes of division (B)(36) of this section, "direct	65168
marketing" means the method of selling where consumers order	65169
tangible personal property by United States mail, delivery	65170
service, or telecommunication and the vendor delivers or ships the	65171
tangible personal property sold to the consumer from a warehouse,	65172
catalogue distribution center, or similar fulfillment facility by	65173
means of the United States mail, delivery service, or common	65174
carrier.	65175

(37) Sales to a person engaged in the business of	65176
horticulture or producing livestock of materials to be	65177
incorporated into a horticulture structure or livestock structure;	65178

(38) Sales of personal computers, computer monitors, computer	65179
keyboards, modems, and other peripheral computer equipment to an	65180
individual who is licensed or certified to teach in an elementary	65181
or a secondary school in this state for use by that individual in	65182
preparation for teaching elementary or secondary school students;	65183

(39) Sales to a professional racing team of any of the	65184
following:	65185

(a) Motor racing vehicles;

65186

(b) Repair services for motor racing vehicles;

65187

(c) Items of property that are attached to or incorporated in	65188
motor racing vehicles, including engines, chassis, and all other	65189
components of the vehicles, and all spare, replacement, and	65190
rebuilt parts or components of the vehicles; except not including	65191
tires, consumable fluids, paint, and accessories consisting of	65192
instrumentation sensors and related items added to the vehicle to	65193
collect and transmit data by means of telemetry and other forms of	65194
communication.	65195

(40) Sales of used manufactured homes and used mobile homes,	65196
as defined in section 5739.0210 of the Revised Code, made on or	65197
after January 1, 2000;	65198

(41) Sales of tangible personal property and services to a	65199
provider of electricity used or consumed directly and primarily in	65200
generating, transmitting, or distributing electricity for use by	65201
others, including property that is or is to be incorporated into	65202
and will become a part of the consumer's production, transmission,	65203
or distribution system and that retains its classification as	65204
tangible personal property after incorporation; fuel or power used	65205
in the production, transmission, or distribution of electricity;	65206
and tangible personal property and services used in the repair and	65207
maintenance of the production, transmission, or distribution	65208
system, including only those motor vehicles as are specially	65209
designed and equipped for such use. The exemption provided in this	65210
division shall be in lieu of all other exemptions in division	65211
(B)(43)(a) of this section to which a provider of electricity may	65212
otherwise be entitled based on the use of the tangible personal	65213
property or service purchased in generating, transmitting, or	65214
distributing electricity.	65215

(42) Sales to a person providing services under division	65216
(B)(3)~~(s)~~(r) of section 5739.01 of the Revised Code of tangible	65217
personal property and services used directly and primarily in	65218
providing taxable services under that section.	65219

(43) Sales where the purpose of the purchaser is to do any of	65220
the following:	65221

(a) To incorporate the thing transferred as a material or a	65222
part into tangible personal property to be produced for sale by	65223
manufacturing, assembling, processing, or refining; or to use or	65224
consume the thing transferred directly in producing tangible	65225
personal property for sale by mining, including, without	65226
limitation, the extraction from the earth of all substances that	65227
are classed geologically as minerals, production of crude oil and	65228
natural gas, farming, agriculture, horticulture, or floriculture,	65229
or directly in the rendition of a public utility service, except	65230
that the sales tax levied by this section shall be collected upon	65231
all meals, drinks, and food for human consumption sold when	65232
transporting persons. Persons engaged in rendering farming,	65233
agricultural, horticultural, or floricultural services, and	65234
services in the exploration for, and production of, crude oil and	65235
natural gas, for others are deemed engaged directly in farming,	65236
agriculture, horticulture, and floriculture, or exploration for,	65237
and production of, crude oil and natural gas. This paragraph does	65238
not exempt from "retail sale" or "sales at retail" the sale of	65239
tangible personal property that is to be incorporated into a	65240
structure or improvement to real property.	65241

(b) To hold the thing transferred as security for the	65242
performance of an obligation of the vendor;	65243

(c) To resell, hold, use, or consume the thing transferred as	65244
evidence of a contract of insurance;	65245

(d) To use or consume the thing directly in commercial	65246
fishing;	65247

(e) To incorporate the thing transferred as a material or a	65248
part into, or to use or consume the thing transferred directly in	65249
the production of, magazines distributed as controlled circulation	65250
publications;	65251

(f) To use or consume the thing transferred in the production	65252
and preparation in suitable condition for market and sale of	65253
printed, imprinted, overprinted, lithographic, multilithic,	65254
blueprinted, photostatic, or other productions or reproductions of	65255
written or graphic matter;	65256

(g) To use the thing transferred, as described in section	65257
5739.011 of the Revised Code, primarily in a manufacturing	65258
operation to produce tangible personal property for sale;	65259

(h) To use the benefit of a warranty, maintenance or service	65260
contract, or similar agreement, as described in division (B)(7) of	65261
section 5739.01 of the Revised Code, to repair or maintain	65262
tangible personal property, if all of the property that is the	65263
subject of the warranty, contract, or agreement would not be	65264
subject to the tax imposed by this section;	65265

(i) To use the thing transferred as qualified research and	65266
development equipment;	65267

(j) To use or consume the thing transferred primarily in	65268
storing, transporting, mailing, or otherwise handling purchased	65269
sales inventory in a warehouse, distribution center, or similar	65270
facility when the inventory is primarily distributed outside this	65271
state to retail stores of the person who owns or controls the	65272
warehouse, distribution center, or similar facility, to retail	65273
stores of an affiliated group of which that person is a member, or	65274
by means of direct marketing. This division does not apply to	65275
motor vehicles registered for operation on the public highways. As	65276
used in this division, "affiliated group" has the same meaning as	65277
in division (B)(3)(e) of section 5739.01 of the Revised Code and	65278
"direct marketing" has the same meaning as in division (B)(36) of	65279
this section.	65280

(k) To use or consume the thing transferred to fulfill a	65281
contractual obligation incurred by a warrantor pursuant to a	65282
warranty provided as a part of the price of the tangible personal	65283
property sold or by a vendor of a warranty, maintenance or service	65284
contract, or similar agreement the provision of which is defined	65285
as a sale under division (B)(7) of section 5739.01 of the Revised	65286
Code;	65287

(l) To use or consume the thing transferred in the production	65288
of a newspaper for distribution to the public;	65289

(m) To use tangible personal property to perform a service	65290
listed in division (B)(3) of section 5739.01 of the Revised Code,	65291
if the property is or is to be permanently transferred to the	65292
consumer of the service as an integral part of the performance of	65293
the service.	65294

As used in division (B)(43) of this section, "thing" includes	65295
all transactions included in divisions (B)(3)(a), (b), and (e) of	65296
section 5739.01 of the Revised Code.	65297

(44) Sales conducted through a coin operated device that	65298
activates vacuum equipment or equipment that dispenses water,	65299
whether or not in combination with soap or other cleaning agents	65300
or wax, to the consumer for the consumer's use on the premises in	65301
washing, cleaning, or waxing a motor vehicle, provided no other	65302
personal property or personal service is provided as part of the	65303
transaction.	65304

(45) Sales of replacement and modification parts for engines,	65305
airframes, instruments, and interiors in, and paint for, aircraft	65306
used primarily in a fractional aircraft ownership program, and	65307
sales of services for the repair, modification, and maintenance of	65308
such aircraft, and machinery, equipment, and supplies primarily	65309
used to provide those services.	65310

(46) Sales of telecommunications service that is used	65311
directly and primarily to perform the functions of a call center.	65312
As used in this division, "call center" means any physical	65313
location where telephone calls are placed or received in high	65314
volume for the purpose of making sales, marketing, customer	65315
service, technical support, or other specialized business	65316
activity, and that employs at least fifty individuals that engage	65317
in call center activities on a full-time basis, or sufficient	65318
individuals to fill fifty full-time equivalent positions.	65319

(47) Sales by a telecommunications service vendor of 900	65320
service to a subscriber. This division does not apply to	65321
information services, as defined in division (FF) of section	65322
5739.01 of the Revised Code.	65323

(48) Sales of value-added non-voice data service. This	65324
division does not apply to any similar service that is not	65325
otherwise a telecommunications service.	65326

(C) For the purpose of the proper administration of this	65327
chapter, and to prevent the evasion of the tax, it is presumed	65328
that all sales made in this state are subject to the tax until the	65329
contrary is established.	65330

~~(D)(E)~~(D) The levy of this tax on retail sales of recreation	65331
and sports club service shall not prevent a municipal corporation	65332
from levying any tax on recreation and sports club dues or on any	65333
income generated by recreation and sports club dues.	65334

(E) The tax collected by the vendor from the consumer under	65335
this chapter is not part of the price, but is a tax collection for	65336
the benefit of the state, and of counties levying an additional	65337
sales tax pursuant to section 5739.021 or 5739.026 of the Revised	65338
Code and of transit authorities levying an additional sales tax	65339
pursuant to section 5739.023 of the Revised Code. Except for the	65340
discount authorized under section 5739.12 of the Revised Code and	65341
the effects of any rounding pursuant to section 5703.055 of the	65342
Revised Code, no person other than the state or such a county or	65343
transit authority shall derive any benefit from the collection or	65344
payment of the tax levied by this section or section 5739.021,	65345
5739.023, or 5739.026 of the Revised Code.	65346

Sec. 5739.021. (A) For the purpose of providing additional	65347
general revenues for the county or supporting criminal and	65348
administrative justice services in the county, or both, and to pay	65349
the expenses of administering such levy, any county may levy a tax	65350
at the rate of not more than one per cent at any multiple of	65351
one-fourth of one per cent upon every retail sale made in the	65352
county, except sales of watercraft and outboard motors required to	65353
be titled pursuant to Chapter 1548. of the Revised Code and sales	65354
of motor vehicles, and may increase the rate of an existing tax to	65355
not more than one per cent at any multiple of one-fourth of one	65356
per cent.	65357

The tax shall be levied and the rate increased pursuant to a	65358
resolution of the board of county commissioners. The resolution	65359
shall state the purpose for which the tax is to be levied and the	65360
number of years for which the tax is to be levied, or that it is	65361
for a continuing period of time. If the tax is to be levied for	65362
the purpose of providing additional general revenues and for the	65363
purpose of supporting criminal and administrative justice	65364
services, the resolution shall state the rate or amount of the tax	65365
to be apportioned to each such purpose. The rate or amount may be	65366
different for each year the tax is to be levied, but the rates or	65367
amounts actually apportioned each year shall not be different from	65368
that stated in the resolution for that year. Unless the resolution	65369
is adopted as an emergency measure, or is to be submitted to the	65370
electors of the county under division (B)(1) of this section, the	65371
resolution shall be adopted at least one hundred twenty days prior	65372
to the date on which the tax or the increased rate of tax is to go	65373
into effect. If the resolution is adopted as an emergency measure	65374
necessary for the immediate preservation of the public peace,	65375
health, or safety, it must receive an affirmative vote of all of	65376
the members of the board of county commissioners and shall state	65377
the reasons for such necessity. The board shall deliver a	65378
certified copy of the resolution to the tax commissioner, not	65379
later than the sixty-fifth day prior to the date on which the tax	65380
is to become effective, which shall be the first day of the	65381
calendar quarter.	65382

Prior to the adoption of any resolution under this section,	65383
the board of county commissioners shall conduct two public	65384
hearings on the resolution, the second hearing to be not less than	65385
three nor more than ten days after the first. Notice of the date,	65386
time, and place of the hearings shall be given by publication in a	65387
newspaper of general circulation in the county once a week on the	65388
same day of the week for two consecutive weeks, the second	65389
publication being not less than ten nor more than thirty days	65390
prior to the first hearing.	65391

Except as provided in division (B)(3) of this section, the	65392
resolution shall be subject to a referendum as provided in	65393
sections 305.31 to 305.41 of the Revised Code.	65394

If a petition for a referendum is filed, the county auditor	65395
with whom the petition was filed shall, within five days, notify	65396
the board of county commissioners and the tax commissioner of the	65397
filing of the petition by certified mail. If the board of	65398
elections with which the petition was filed declares the petition	65399
invalid, the board of elections, within five days, shall notify	65400
the board of county commissioners and the tax commissioner of that	65401
declaration by certified mail. If the petition is declared to be	65402
invalid, the effective date of the tax or increased rate of tax	65403
levied by this section shall be the first day of a calendar	65404
quarter following the expiration of sixty-five days from the date	65405
the commissioner receives notice from the board of elections that	65406
the petition is invalid.	65407

(B)(1) A resolution that is not adopted as an emergency	65408
measure may direct the board of elections to submit the question	65409
of levying the tax or increasing the rate of tax to the electors	65410
of the county at a special election held on the date specified by	65411
the board of county commissioners in the resolution, provided that	65412
the election occurs not less than seventy-five days after a	65413
certified copy of such resolution is transmitted to the board of	65414
elections and the election is not held in February or August of	65415
any year. Upon transmission of the resolution to the board of	65416
elections, the board of county commissioners shall notify the tax	65417
commissioner in writing of the levy question to be submitted to	65418
the electors. No resolution adopted under this division shall go	65419
into effect unless approved by a majority of those voting upon it,	65420
and, except as provided in division (B)(3) of this section, shall	65421
become effective on the first day of a calendar quarter following	65422
the expiration of sixty-five days from the date the tax	65423
commissioner receives notice from the board of elections of the	65424
affirmative vote.	65425

(2) A resolution that is adopted as an emergency measure	65426
shall go into effect as provided in ~~division~~divisions (A) and (H)	65427
of this section, but may direct the board of elections to submit	65428
the question of repealing the tax or increase in the rate of the	65429
tax to the electors of the county at the next general election in	65430
the county occurring not less than seventy-five days after a	65431
certified copy of the resolution is transmitted to the board of	65432
elections. Upon transmission of the resolution to the board of	65433
elections, the board of county commissioners shall notify the tax	65434
commissioner in writing of the levy question to be submitted to	65435
the electors. The ballot question shall be the same as that	65436
prescribed in section 5739.022 of the Revised Code. The board of	65437
elections shall notify the board of county commissioners and the	65438
tax commissioner of the result of the election immediately after	65439
the result has been declared. If a majority of the qualified	65440
electors voting on the question of repealing the tax or increase	65441
in the rate of the tax vote for repeal of the tax or repeal of the	65442
increase, the board of county commissioners, on the first day of a	65443
calendar quarter following the expiration of sixty-five days after	65444
the date the board and tax commissioner receive notice of the	65445
result of the election, shall, in the case of a repeal of the tax,	65446
cease to levy the tax, or, in the case of a repeal of an increase	65447
in the rate of the tax, cease to levy the increased rate and levy	65448
the tax at the rate at which it was imposed immediately prior to	65449
the increase in rate.	65450

(3) If a vendor that is registered with the central	65451
electronic registration system provided for in section 5740.05 of	65452
the Revised Code makes a sale in this state by printed catalog and	65453
the consumer computed the tax on the sale based on local rates	65454
published in the catalog, any tax levied or repealed or rate	65455
changed under this section shall not apply to such a sale until	65456
the first day of a calendar quarter following the expiration of	65457
one hundred twenty days from the date of notice by the tax	65458
commissioner pursuant to division (H) of this section.	65459

(C) If a resolution is rejected at a referendum or if a	65460
resolution adopted after January 1, 1982, as an emergency measure	65461
is repealed by the electors pursuant to division (B)(2) of this	65462
section or section 5739.022 of the Revised Code, then for one year	65463
after the date of the election at which the resolution was	65464
rejected or repealed the board of county commissioners may not	65465
adopt any resolution authorized by this section as an emergency	65466
measure.	65467

(D) The board of county commissioners, at any time while a	65468
tax levied under this section is in effect, may by resolution	65469
reduce the rate at which the tax is levied to a lower rate	65470
authorized by this section. Any reduction in the rate at which the	65471
tax is levied shall be made effective on the first day of a	65472
calendar quarter next following the sixty-fifth day after a	65473
certified copy of the resolution is delivered to the tax	65474
commissioner.	65475

(E) The tax on every retail sale subject to a tax levied	65476
pursuant to this section shall be in addition to the tax levied by	65477
section 5739.02 of the Revised Code and any tax levied pursuant to	65478
section 5739.023 or 5739.026 of the Revised Code.	65479

A county that levies a tax pursuant to this section shall	65480
levy a tax at the same rate pursuant to section 5741.021 of the	65481
Revised Code.	65482

The additional tax levied by the county shall be collected	65483
pursuant to section 5739.025 of the Revised Code. If the	65484
additional tax or some portion thereof is levied for the purpose	65485
of criminal and administrative justice services, the revenue from	65486
the tax, or the amount or rate apportioned to that purpose, shall	65487
be credited to a special fund created in the county treasury for	65488
receipt of that revenue.	65489

Any tax levied pursuant to this section is subject to the	65490
exemptions provided in section 5739.02 of the Revised Code and in	65491
addition shall not be applicable to sales not within the taxing	65492
power of a county under the Constitution of the United States or	65493
the Ohio Constitution.	65494

(F) For purposes of this section, a copy of a resolution is	65495
"certified" when it contains a written statement attesting that	65496
the copy is a true and exact reproduction of the original	65497
resolution.	65498

(G) If a board of commissioners intends to adopt a resolution	65499
to levy a tax in whole or in part for the purpose of criminal and	65500
administrative justice services, the board shall prepare and make	65501
available at the first public hearing at which the resolution is	65502
considered a statement containing the following information:	65503

(1) For each of the two preceding fiscal years, the amount of	65504
expenditures made by the county from the county general fund for	65505
the purpose of criminal and administrative justice services;	65506

(2) For the fiscal year in which the resolution is adopted,	65507
the board's estimate of the amount of expenditures to be made by	65508
the county from the county general fund for the purpose of	65509
criminal and administrative justice services;	65510

(3) For each of the two fiscal years after the fiscal year in	65511
which the resolution is adopted, the board's preliminary plan for	65512
expenditures to be made from the county general fund for the	65513
purpose of criminal and administrative justice services, both	65514
under the assumption that the tax will be imposed for that purpose	65515
and under the assumption that the tax would not be imposed for	65516
that purpose, and for expenditures to be made from the special	65517
fund created under division (E) of this section under the	65518
assumption that the tax will be imposed for that purpose.	65519

The board shall prepare the statement and the preliminary	65520
plan using the best information available to the board at the time	65521
the statement is prepared. Neither the statement nor the	65522
preliminary plan shall be used as a basis to challenge the	65523
validity of the tax in any court of competent jurisdiction, nor	65524
shall the statement or preliminary plan limit the authority of the	65525
board to appropriate, pursuant to section 5705.38 of the Revised	65526
Code, an amount different from that specified in the preliminary	65527
plan.	65528

(H) Upon receipt from a board of county commissioners of a	65529
certified copy of a resolution required by division (A) or (D) of	65530
this section, or from the board of elections of a notice of the	65531
results of an election required by division (A) or (B)(1) or (2)	65532
of this section, the tax commissioner shall provide notice of a	65533
tax rate change in a manner that is reasonably accessible to all	65534
affected vendors. The commissioner shall provide this notice at	65535
least sixty days prior to the effective date of the rate change.	65536
The commissioner, by rule, may establish the method by which	65537
notice will be provided.	65538

(I) As used in this section, "criminal and administrative	65539
justice services" means the exercise by the county sheriff of all	65540
powers and duties vested in that office by law; the exercise by	65541
the county prosecuting attorney of all powers and duties vested in	65542
that office by law; the exercise by any court in the county of all	65543
powers and duties vested in that court; the exercise by the clerk	65544
of the court of common pleas, any clerk of a municipal court	65545
having jurisdiction throughout the county, or the clerk of any	65546
county court of all powers and duties vested in the clerk by law	65547
except, in the case of the clerk of the court of common pleas, the	65548
titling of motor vehicles or watercraft pursuant to Chapter 1548.	65549
or 4505. of the Revised Code; the exercise by the county coroner	65550
of all powers and duties vested in that office by law; making	65551
payments to any other public agency or a private, nonprofit	65552
agency, the purposes of which in the county include the diversion,	65553
adjudication, detention, or rehabilitation of criminals or	65554
juvenile offenders; the operation and maintenance of any detention	65555
facility, as defined in section 2921.01 of the Revised Code; and	65556
the construction, acquisition, equipping, or repair of such a	65557
detention facility, including the payment of any debt charges	65558
incurred in the issuance of securities pursuant to Chapter 133. of	65559
the Revised Code for the purpose of constructing, acquiring,	65560
equipping, or repairing such a facility.	65561

Sec. 5739.025. As used in this section, "local tax" means a	65562
tax imposed pursuant to section 5739.021, 5739.023, 5739.026,	65563
5741.021, 5741.022, or 5741.023 of the Revised Code.	65564

(A) The taxes levied by sections 5739.02 and 5741.02 of the	65565
Revised Code shall be collected as follows:	65566

(1) On and after July 1, 2003, and on or before June 30,	65567
2005, in accordance with the following schedule:	65568

If the price		The amount of			65569
is at least		But not more than		the tax is		65570
	$ .01		$ .15		No tax	65571
	.16		.16		1¢	65572
	.17		.33		2¢	65573
	.34		.50		3¢	65574
	.51		.66		4¢	65575
	.67		.83		5¢	65576
	.84		1.00		6¢	65577

If the price exceeds one dollar, the tax is six cents on each	65578
one dollar. If the price exceeds one dollar or a multiple thereof	65579
by not more than seventeen cents, the amount of tax is six cents	65580
for each one dollar plus one cent. If the price exceeds one dollar	65581
or a multiple thereof by more than seventeen cents, the amount of	65582
tax is six cents for each one dollar plus the amount of tax for	65583
prices eighteen cents through ninety-nine cents in accordance with	65584
the schedule above.	65585

(2) On and after July 1, 2005, and on and before December 31,	65586
2005, in accordance with the following schedule:	65587

	If the price		But not		The amount			65588
	is at least		more than		of the tax is			65589

$ .01	$ .15	No tax	65590
.16	~~.20~~ .18	1¢	65591
~~.21~~ .19	~~.40~~ .36	2¢	65592
~~.41~~ .37	~~.60~~ .54	3¢	65593
~~.61~~ .55	~~.80~~ .72	4¢	65594
~~.81~~ .73	~~1.00~~ .90	5¢	65595
.91	1.09	6¢	65596
1.10	1.27	7¢	65597
1.28	1.46	8¢	65598
1.47	1.64	9¢	65599
1.65	1.82	10¢	65600
1.83	2.00	11¢	65601

If the price exceeds ~~one dollar~~two dollars, the tax is ~~five~~	65602
eleven cents on each ~~one dollar~~two dollars. If the price exceeds	65603
~~one dollar~~two dollars or a multiple thereof by not more than	65604
~~twenty~~eighteen cents, the amount of tax is ~~five~~eleven cents for	65605
each ~~one dollar~~two dollars plus one cent. If the price exceeds	65606
~~one dollar~~two dollars or a multiple thereof by more than ~~twenty~~	65607
eighteen cents, the amount of tax is ~~five~~eleven cents for each	65608
~~one dollar~~two dollars plus the amount of tax for prices	65609
~~twenty-one~~nineteen cents through one dollar and ninety-nine cents	65610
in accordance with the schedule above.	65611

(B) On and after July 1, 2003, and on and before June 30,	65612
2005, the combined taxes levied by sections 5739.02 and 5741.02	65613
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	65614
5741.022, and 5741.023 of the Revised Code shall be collected in	65615
accordance with the following schedules:	65616

(1) When the combined rate of state and local tax is six and	65617
one-fourth per cent:	65618

If the price		The amount of			65619
is at least		But not more than		the tax is		65620
	$ .01		$ .15		No tax	65621
	.16		.16		1¢	65622
	.17		.32		2¢	65623
	.33		.48		3¢	65624
	.49		.64		4¢	65625
	.65		.80		5¢	65626
	.81		.96		6¢	65627
	.97		1.12		7¢	65628
	1.13		1.28		8¢	65629
	1.29		1.44		9¢	65630
	1.45		1.60		10¢	65631
	1.61		1.76		11¢	65632
	1.77		1.92		12¢	65633
	1.93		2.08		13¢	65634
	2.09		2.24		14¢	65635
	2.25		2.40		15¢	65636
	2.41		2.56		16¢	65637
	2.57		2.72		17¢	65638
	2.73		2.88		18¢	65639
	2.89		3.04		19¢	65640
	3.05		3.20		20¢	65641
	3.21		3.36		21¢	65642
	3.37		3.52		22¢	65643
	3.53		3.68		23¢	65644
	3.69		3.84		24¢	65645
	3.85		4.00		25¢	65646

If the price exceeds four dollars, the tax is twenty-five	65647
cents on each four dollars. If the price exceeds four dollars or a	65648
multiple thereof by not more than sixteen cents, the amount of tax	65649
is twenty-five cents for each four dollars plus one cent. If the	65650
price exceeds four dollars or a multiple thereof by more than	65651
sixteen cents, the amount of tax is twenty-five cents for each	65652
four dollars plus the amount of tax for prices seventeen cents	65653
through three dollars and ninety-nine cents in accordance with the	65654
schedule above.	65655

(2) When the combined rate of state and local tax is six and	65656
one-half per cent:	65657

If the price		The amount of			65658
is at least		But not more than		the tax is		65659
	$ .01		$ .15		No tax	65660
	.16		.30		2¢	65661
	.31		.46		3¢	65662
	.47		.61		4¢	65663
	.62		.76		5¢	65664
	.77		.92		6¢	65665
	.93		1.07		7¢	65666
	1.08		1.23		8¢	65667
	1.24		1.38		9¢	65668
	1.39		1.53		10¢	65669
	1.54		1.69		11¢	65670
	1.70		1.84		12¢	65671
	1.85		2.00		13¢	65672

If the price exceeds two dollars, the tax is thirteen cents	65673
on each two dollars. If the price exceeds two dollars or a	65674
multiple thereof by not more than fifteen cents, the amount of tax	65675
is thirteen cents for each two dollars plus one cent. If the price	65676
exceeds two dollars or a multiple thereof by more than fifteen	65677
cents, the amount of tax is thirteen cents for each two dollars	65678
plus the amount of tax for prices sixteen cents through one dollar	65679
and ninety-nine cents in accordance with the schedule above.	65680

(3) When the combined rate of state and local tax is six and	65681
three-fourths per cent:	65682

If the price		The amount of			65683
is at least		But not more than		the tax is		65684
	$ .01		$ .15		No tax	65685
	.16		.29		2¢	65686
	.30		.44		3¢	65687
	.45		.59		4¢	65688
	.60		.74		5¢	65689
	.75		.88		6¢	65690
	.89		1.03		7¢	65691
	1.04		1.18		8¢	65692
	1.19		1.33		9¢	65693
	1.34		1.48		10¢	65694
	1.49		1.62		11¢	65695
	1.63		1.77		12¢	65696
	1.78		1.92		13¢	65697
	1.93		2.07		14¢	65698
	2.08		2.22		15¢	65699
	2.23		2.37		16¢	65700
	2.38		2.51		17¢	65701
	2.52		2.66		18¢	65702
	2.67		2.81		19¢	65703
	2.82		2.96		20¢	65704
	2.97		3.11		21¢	65705
	3.12		3.25		22¢	65706
	3.26		3.40		23¢	65707
	3.41		3.55		24¢	65708
	3.56		3.70		25¢	65709
	3.71		3.85		26¢	65710
	3.86		4.00		27¢	65711

If the price exceeds four dollars, the tax is twenty-seven	65712
cents on each four dollars. If the price exceeds four dollars or a	65713
multiple thereof by not more than fourteen cents, the amount of	65714
tax is twenty-seven cents for each four dollars plus one cent. If	65715
the price exceeds four dollars or a multiple thereof by more than	65716
fourteen but by not more than twenty-nine cents, the amount of tax	65717
is twenty-seven cents for each four dollars plus two cents. If the	65718
price exceeds four dollars or a multiple thereof by more than	65719
twenty-nine cents the amount of tax is twenty-seven cents for each	65720
four dollars plus the amount of tax for prices thirty cents	65721
through three dollars and ninety-nine cents in accordance with the	65722
schedule above.	65723

(4) When the combined rate of state and local tax is seven	65724
per cent:	65725

If the price		The amount of			65726
is at least		But not more than		the tax is		65727
	$ .01		$ .15		No tax	65728
	.16		.28		2¢	65729
	.29		.42		3¢	65730
	.43		.57		4¢	65731
	.58		.71		5¢	65732
	.72		.85		6¢	65733
	.86		1.00		7¢	65734

If the price exceeds one dollar, the tax is seven cents on	65735
each one dollar. If the price exceeds one dollar or a multiple	65736
thereof by not more than fifteen cents, the amount of tax is seven	65737
cents for each one dollar plus one cent. If the price exceeds one	65738
dollar or a multiple thereof by more than fifteen cents, the	65739
amount of tax is seven cents for each one dollar plus the amount	65740
of tax for prices sixteen cents through ninety-nine cents in	65741
accordance with the schedule above.	65742

(5) When the combined rate of state and local tax is seven	65743
and one-fourth per cent:	65744

If the price		The amount of			65745
is at least		But not more than		the tax is		65746
	$ .01		$ .15		No tax	65747
	.16		.27		2¢	65748
	.28		.41		3¢	65749
	.42		.55		4¢	65750
	.56		.68		5¢	65751
	.69		.82		6¢	65752
	.83		.96		7¢	65753
	.97		1.10		8¢	65754
	1.11		1.24		9¢	65755
	1.25		1.37		10¢	65756
	1.38		1.51		11¢	65757
	1.52		1.65		12¢	65758
	1.66		1.79		13¢	65759
	1.80		1.93		14¢	65760
	1.94		2.06		15¢	65761
	2.07		2.20		16¢	65762
	2.21		2.34		17¢	65763
	2.35		2.48		18¢	65764
	2.49		2.62		19¢	65765
	2.63		2.75		20¢	65766
	2.76		2.89		21¢	65767
	2.90		3.03		22¢	65768
	3.04		3.17		23¢	65769
	3.18		3.31		24¢	65770
	3.32		3.44		25¢	65771
	3.45		3.58		26¢	65772
	3.59		3.72		27¢	65773
	3.73		3.86		28¢	65774
	3.87		4.00		29¢	65775

If the price exceeds four dollars, the tax is twenty-nine	65776
cents on each four dollars. If the price exceeds four dollars or a	65777
multiple thereof by not more than thirteen cents, the amount of	65778
tax is twenty-nine cents for each four dollars plus one cent. If	65779
the price exceeds four dollars or a multiple thereof by more than	65780
thirteen cents but by not more than twenty-seven cents, the amount	65781
of tax is twenty-nine cents for each four dollars plus two cents.	65782
If the price exceeds four dollars or a multiple thereof by more	65783
than twenty-seven cents, the amount of tax is twenty-nine cents	65784
for each four dollars plus the amount of tax for prices	65785
twenty-eight cents through three dollars and ninety-nine cents in	65786
accordance with the schedule above.	65787

(6) When the combined rate of state and local tax is seven	65788
and one-half per cent:	65789

If the price		The amount of			65790
is at least		But not more than		the tax is		65791
	$ .01		$ .15		No tax	65792
	.16		.26		2¢	65793
	.27		.40		3¢	65794
	.41		.53		4¢	65795
	.54		.65		5¢	65796
	.66		.80		6¢	65797
	.81		.93		7¢	65798
	.94		1.06		8¢	65799
	1.07		1.20		9¢	65800
	1.21		1.33		10¢	65801
	1.34		1.46		11¢	65802
	1.47		1.60		12¢	65803
	1.61		1.73		13¢	65804
	1.74		1.86		14¢	65805
	1.87		2.00		15¢	65806

If the price exceeds two dollars, the tax is fifteen cents on	65807
each two dollars. If the price exceeds two dollars or a multiple	65808
thereof by not more than fifteen cents, the amount of tax is	65809
fifteen cents for each two dollars plus one cent. If the price	65810
exceeds two dollars or a multiple thereof by more than fifteen	65811
cents, the amount of tax is fifteen cents for each two dollars	65812
plus the amount of tax for prices sixteen cents through one dollar	65813
and ninety-nine cents in accordance with the schedule above.	65814

(7) When the combined rate of state and local tax is seven	65815
and three-fourths per cent:	65816

If the price		The amount of			65817
is at least		But not more than		the tax is		65818
	$ .01		$ .15		No tax	65819
	.16		.25		2¢	65820
	.26		.38		3¢	65821
	.39		.51		4¢	65822
	.52		.64		5¢	65823
	.65		.77		6¢	65824
	.78		.90		7¢	65825
	.91		1.03		8¢	65826
	1.04		1.16		9¢	65827
	1.17		1.29		10¢	65828
	1.30		1.41		11¢	65829
	1.42		1.54		12¢	65830
	1.55		1.67		13¢	65831
	1.68		1.80		14¢	65832
	1.81		1.93		15¢	65833
	1.94		2.06		16¢	65834
	2.07		2.19		17¢	65835
	2.20		2.32		18¢	65836
	2.33		2.45		19¢	65837
	2.46		2.58		20¢	65838
	2.59		2.70		21¢	65839
	2.71		2.83		22¢	65840
	2.84		2.96		23¢	65841
	2.97		3.09		24¢	65842
	3.10		3.22		25¢	65843
	3.23		3.35		26¢	65844
	3.36		3.48		27¢	65845
	3.49		3.61		28¢	65846
	3.62		3.74		29¢	65847
	3.75		3.87		30¢	65848
	3.88		4.00		31¢	65849

If the price exceeds four dollars, the tax is thirty-one	65850
cents on each four dollars. If the price exceeds four dollars or a	65851
multiple thereof by not more than twelve cents, the amount of tax	65852
is thirty-one cents for each four dollars plus one cent. If the	65853
price exceeds four dollars or a multiple thereof by more than	65854
twelve cents but by not more than twenty-five cents, the amount of	65855
tax is thirty-one cents for each four dollars plus two cents. If	65856
the price exceeds four dollars or a multiple thereof by more than	65857
twenty-five cents, the amount of tax is thirty-one cents for each	65858
four dollars plus the amount of tax for prices twenty-six cents	65859
through three dollars and ninety-nine cents in accordance with the	65860
schedule above.	65861

(8) When the combined rate of state and local tax is eight	65862
per cent:	65863

If the price		The amount of			65864
is at least		But not more than		the tax is		65865
	$ .01		$ .15		No tax	65866
	.16		.25		2¢	65867
	.26		.37		3¢	65868
	.38		.50		4¢	65869
	.51		.62		5¢	65870
	.63		.75		6¢	65871
	.76		.87		7¢	65872
	.88		1.00		8¢	65873

If the price exceeds one dollar, the tax is eight cents on	65874
each one dollar. If the price exceeds one dollar or a multiple	65875
thereof by not more than twelve cents, the amount of tax is eight	65876
cents for each one dollar plus one cent. If the price exceeds one	65877
dollar or a multiple thereof by more than twelve cents but not	65878
more than twenty-five cents, the amount of tax is eight cents for	65879
each one dollar plus two cents. If the price exceeds one dollar or	65880
a multiple thereof by more than twenty-five cents, the amount of	65881
tax is eight cents for each one dollar plus the amount of tax for	65882
prices twenty-six cents through ninety-nine cents in accordance	65883
with the schedule above.	65884

(9) When the combined rate of state and local tax is eight	65885
and one-fourth per cent:	65886

If the price		The amount of			65887
is at least		But not more than		the tax is		65888
	$ .01		$ .15		No tax	65889
	.16		.24		2¢	65890
	.25		.36		3¢	65891
	.37		.48		4¢	65892
	.49		.60		5¢	65893
	.61		.72		6¢	65894
	.73		.84		7¢	65895
	.85		.96		8¢	65896
	.97		1.09		9¢	65897
	1.10		1.21		10¢	65898
	1.22		1.33		11¢	65899
	1.34		1.45		12¢	65900
	1.46		1.57		13¢	65901
	1.58		1.69		14¢	65902
	1.70		1.81		15¢	65903
	1.82		1.93		16¢	65904
	1.94		2.06		17¢	65905
	2.07		2.18		18¢	65906
	2.19		2.30		19¢	65907
	2.31		2.42		20¢	65908
	2.43		2.54		21¢	65909
	2.55		2.66		22¢	65910
	2.67		2.78		23¢	65911
	2.79		2.90		24¢	65912
	2.91		3.03		25¢	65913
	3.04		3.15		26¢	65914
	3.16		3.27		27¢	65915
	3.28		3.39		28¢	65916
	3.40		3.51		29¢	65917
	3.52		3.63		30¢	65918
	3.64		3.75		31¢	65919
	3.76		3.87		32¢	65920
	3.88		4.00		33¢	65921

If the price exceeds four dollars, the tax is thirty-three	65922
cents on each four dollars. If the price exceeds four dollars or a	65923
multiple thereof by not more than eleven cents, the amount of tax	65924
is thirty-three cents for each four dollars plus one cent. If the	65925
price exceeds four dollars or a multiple thereof by more than	65926
eleven cents but by not more than twenty-four cents, the amount of	65927
tax is thirty-three cents for each four dollars plus two cents. If	65928
the price exceeds four dollars or a multiple thereof by more than	65929
twenty-four cents, the amount of tax is thirty-three cents for	65930
each four dollars plus the amount of tax for prices twenty-six	65931
cents through three dollars and ninety-nine cents in accordance	65932
with the schedule above.	65933

(10) When the combined rate of state and local tax is eight	65934
and one-half per cent:	65935

If the price		The amount of			65936
is at least		But not more than		the tax is		65937
	$ .01		$ .15		No tax	65938
	.16		.23		2¢	65939
	.24		.35		3¢	65940
	.36		.47		4¢	65941
	.48		.58		5¢	65942
	.59		.70		6¢	65943
	.71		.82		7¢	65944
	.83		.94		8¢	65945
	.95		1.05		9¢	65946
	1.06		1.17		10¢	65947
	1.18		1.29		11¢	65948
	1.30		1.41		12¢	65949
	1.42		1.52		13¢	65950
	1.53		1.64		14¢	65951
	1.65		1.76		15¢	65952
	1.77		1.88		16¢	65953
	1.89		2.00		17¢	65954

If the price exceeds two dollars, the tax is seventeen cents	65955
on each two dollars. If the price exceeds two dollars or a	65956
multiple thereof by not more than eleven cents, the amount of tax	65957
is seventeen cents for each two dollars plus one cent. If the	65958
price exceeds two dollars or a multiple thereof by more than	65959
eleven cents but by not more than twenty-three cents, the amount	65960
of tax is seventeen cents for each two dollars plus two cents. If	65961
the price exceeds two dollars or a multiple thereof by more than	65962
twenty-three cents, the amount of tax is seventeen cents for each	65963
two dollars plus the amount of tax for prices twenty-four cents	65964
through one dollar and ninety-nine cents in accordance with the	65965
schedule above.	65966

(11) When the combined rate of state and local tax is eight	65967
and three-fourths per cent:	65968

If the price		The amount of			65969
is at least		But not more than		the tax is		65970
	$ .01		$ .15		No tax	65971
	.16		.22		2¢	65972
	.23		.34		3¢	65973
	.35		.45		4¢	65974
	.46		.57		5¢	65975
	.58		.68		6¢	65976
	.69		.80		7¢	65977
	.81		.91		8¢	65978
	.92		1.02		9¢	65979
	1.03		1.14		10¢	65980
	1.15		1.25		11¢	65981
	1.26		1.37		12¢	65982
	1.38		1.48		13¢	65983
	1.49		1.60		14¢	65984
	1.61		1.71		15¢	65985
	1.72		1.82		16¢	65986
	1.83		1.94		17¢	65987
	1.95		2.05		18¢	65988
	2.06		2.17		19¢	65989
	2.18		2.28		20¢	65990
	2.29		2.40		21¢	65991
	2.41		2.51		22¢	65992
	2.52		2.62		23¢	65993
	2.63		2.74		24¢	65994
	2.75		2.85		25¢	65995
	2.86		2.97		26¢	65996
	2.98		3.08		27¢	65997
	3.09		3.20		28¢	65998
	3.21		3.31		29¢	65999
	3.32		3.42		30¢	66000
	3.43		3.54		31¢	66001
	3.55		3.65		32¢	66002
	3.66		3.77		33¢	66003
	3.78		3.88		34¢	66004
	3.89		4.00		35¢	66005

If the price exceeds four dollars, the tax is thirty-five	66006
cents on each four dollars. If the price exceeds four dollars or a	66007
multiple thereof by not more than eleven cents, the amount of tax	66008
is thirty-five cents for each four dollars plus one cent. If the	66009
price exceeds four dollars or a multiple thereof by more than	66010
eleven cents but by not more than twenty-two cents, the amount of	66011
tax is thirty-five cents for each four dollars plus two cents. If	66012
the price exceeds four dollars or a multiple thereof by more than	66013
twenty-two cents, the amount of tax is thirty-five cents for each	66014
four dollars plus the amount of tax for prices twenty-three cents	66015
through three dollars and ninety-nine cents in accordance with the	66016
schedule above.	66017

(12) When the combined rate of state and local tax is nine	66018
per cent:	66019

If the price		The amount of			66020
is at least		But not more than		the tax is		66021
	$ .01		$ .15		No tax	66022
	.16		.22		2¢	66023
	.23		.33		3¢	66024
	.34		.44		4¢	66025
	.45		.55		5¢	66026
	.56		.66		6¢	66027
	.67		.77		7¢	66028
	.78		.88		8¢	66029
	.89		1.00		9¢	66030

If the price exceeds one dollar, the tax is nine cents on	66031
each one dollar. If the price exceeds one dollar or a multiple	66032
thereof by not more than eleven cents, the amount of tax is nine	66033
cents for each one dollar plus one cent. If the price exceeds one	66034
dollar or a multiple thereof by more than eleven cents but by not	66035
more than twenty-two cents, the amount of tax is nine cents for	66036
each one dollar plus two cents. If the price exceeds one dollar or	66037
a multiple thereof by more than twenty-two cents, the amount of	66038
tax is nine cents for each one dollar plus the amount of tax for	66039
prices twenty-three cents through ninety-nine cents in accordance	66040
with the schedule above.	66041

(C) On and after July 1, 2005, and on and before December 31,	66042
2005, the combined taxes levied by sections 5739.02 and 5741.02	66043
and pursuant to sections 5739.021, 5739.023, 5739.026, 5741.021,	66044
5741.022, and 5741.023 of the Revised Code shall be collected in	66045
accordance with the following schedules:	66046

(1) When the total rate of local tax is one-fourth per cent:

66047

	~~If the price~~		~~But not~~		~~The amount~~			66048
	~~is at least~~		~~more than~~		~~of the tax is~~			66049

~~$ .01~~	~~$ .15~~	~~No tax~~	66050
~~.16~~	~~.19~~	1¢	66051
~~.20~~	~~.38~~	2¢	66052
~~.39~~	~~.57~~	3¢	66053
~~.58~~	~~.76~~	4¢	66054
~~.77~~	~~.95~~	5¢	66055
~~.96~~	~~1.14~~	6¢	66056
~~1.15~~	~~1.33~~	7¢	66057
~~1.34~~	~~1.52~~	8¢	66058
~~1.53~~	~~1.71~~	9¢	66059
~~1.72~~	~~1.90~~	~~10¢~~	66060
~~1.91~~	~~2.09~~	~~11¢~~	66061
~~2.10~~	~~2.28~~	~~12¢~~	66062
~~2.29~~	~~2.47~~	~~13¢~~	66063
~~2.48~~	~~2.66~~	~~14¢~~	66064
~~2.67~~	~~2.85~~	~~15¢~~	66065
~~2.86~~	~~3.04~~	~~16¢~~	66066
~~3.05~~	~~3.23~~	~~17¢~~	66067
~~3.24~~	~~3.42~~	~~18¢~~	66068
~~3.43~~	~~3.61~~	~~19¢~~	66069
~~3.62~~	~~3.80~~	~~20¢~~	66070
~~3.81~~	~~4.00~~	~~21¢~~	66071

~~If the price exceeds four dollars, the tax is twenty-one~~	66072
~~cents on each four dollars. If the price exceeds four dollars or a~~	66073
~~multiple thereof by not more than nineteen cents, the amount of~~	66074
~~tax is twenty-one cents for each four dollars plus one cent. If~~	66075
~~the price exceeds four dollars or a multiple thereof by more than~~	66076
~~nineteen cents, the amount of tax is twenty-one cents for each~~	66077
~~four dollars plus the amount of tax for prices twenty cents~~	66078
~~through three dollars and ninety-nine cents in accordance with the~~	66079
~~schedule above.~~	66080

~~(2) When the combined rate of local tax is one-half per cent:~~

66081

	~~If the price~~		~~But not~~		~~The amount~~			66082
	~~is at least~~		~~more than~~		~~of the tax is~~			66083

~~$ .01~~	~~$ .15~~	~~No tax~~	66084
~~.16~~	~~.18~~	1¢	66085
~~.19~~	~~.36~~	2¢	66086
~~.37~~	~~.54~~	3¢	66087
~~.55~~	~~.72~~	4¢	66088
~~.73~~	~~.90~~	5¢	66089
~~.91~~	~~1.09~~	6¢	66090
~~1.10~~	~~1.27~~	7¢	66091
~~1.28~~	~~1.46~~	8¢	66092
~~1.47~~	~~1.64~~	9¢	66093
~~1.65~~	~~1.82~~	~~10¢~~	66094
~~1.83~~	~~2.00~~	~~11¢~~	66095

~~If the price exceeds two dollars, the tax is eleven cents on~~	66096
~~each two dollars. If the price exceeds two dollars or a multiple~~	66097
~~thereof by not more than eighteen cents, the amount of tax is~~	66098
~~eleven cents for each two dollars plus one cent. If the price~~	66099
~~exceeds two dollars or a multiple thereof by more than eighteen~~	66100
~~cents, the amount of tax is eleven cents for each two dollars plus~~	66101
~~the amount of tax for prices nineteen cents through one dollar and~~	66102
~~ninety-nine cents in accordance with the schedule above.~~	66103

~~(3) When the combined rate of local tax is three-fourths per~~	66104
~~cent:~~	66105

	If the price		But not		The amount			66106
	is at least		more than		of the tax is			66107

$ .01	$ .15	No tax	66108
.16	.17	1¢	66109
.18	.34	2¢	66110
.35	.52	3¢	66111
.53	.69	4¢	66112
.70	.86	5¢	66113
.87	1.04	6¢	66114
1.05	1.21	7¢	66115
1.22	1.39	8¢	66116
1.40	1.56	9¢	66117
1.57	1.73	10¢	66118
1.74	1.91	11¢	66119
1.92	2.08	12¢	66120
2.09	2.26	13¢	66121
2.27	2.43	14¢	66122
2.44	2.60	15¢	66123
2.61	2.78	16¢	66124
2.79	2.95	17¢	66125
2.96	3.13	18¢	66126
3.14	3.30	19¢	66127
3.31	3.47	20¢	66128
3.48	3.65	21¢	66129
3.66	3.82	22¢	66130
3.83	4.00	23¢	66131

If the price exceeds four dollars, the tax is twenty-three	66132
cents on each four dollars. If the price exceeds four dollars or a	66133
multiple thereof by not more than seventeen cents, the amount of	66134
tax is twenty-three cents for each four dollars plus one cent. If	66135
the price exceeds four dollars or a multiple thereof by more than	66136
seventeen cents, the amount of tax is twenty-three cents for each	66137
four dollars plus the amount of tax for prices eighteen cents	66138
through three dollars and ninety-nine cents in accordance with the	66139
schedule above.	66140

~~(4)~~(2) When the combined rate of local tax is ~~one~~one-half	66141
per cent:	66142

	If the price		But not		The amount			66143
	is at least		more than		of the tax is			66144

$ .01	$ .15	No tax	66145
.16	.17	1¢	66146
.18	.34	2¢	66147
.35	.50	3¢	66148
.51	.67	4¢	66149
.68	.83	5¢	66150
.84	1.00	6¢	66151

If the price exceeds one dollar, the tax is six cents on each	66152
one dollar. If the price exceeds one dollar or a multiple thereof	66153
by not more than seventeen cents, the amount of tax is six cents	66154
for each one dollar plus one cent. If the price exceeds one dollar	66155
or a multiple thereof by more than seventeen cents, the amount of	66156
tax is six cents for each one dollar plus the amount of tax for	66157
prices eighteen cents through ninety-nine cents in accordance with	66158
the schedule above.	66159

~~(5)~~(3) When the combined rate of local tax is ~~one and~~	66160
~~one-fourth~~three-fourths per cent:	66161

	If the price		But not		The amount			66162
	is at least		more than		of the tax is			66163

$ .01	$ .15	No tax	66164
.16	.16	1¢	66165
.17	.32	2¢	66166
.33	.48	3¢	66167
.49	.64	4¢	66168
.65	.80	5¢	66169
.81	.96	6¢	66170
.97	1.12	7¢	66171
1.13	1.28	8¢	66172
1.29	1.44	9¢	66173
1.45	1.60	10¢	66174
1.61	1.76	11¢	66175
1.77	1.92	12¢	66176
1.93	2.08	13¢	66177
2.09	2.24	14¢	66178
2.25	2.40	15¢	66179
2.41	2.56	16¢	66180
2.57	2.72	17¢	66181
2.73	2.88	18¢	66182
2.89	3.04	19¢	66183
3.05	3.20	20¢	66184
3.21	3.36	21¢	66185
3.37	3.52	22¢	66186
3.53	3.68	23¢	66187
3.69	3.84	24¢	66188
3.85	4.00	25¢	66189

If the price exceeds four dollars, the tax is twenty-five	66190
cents on each four dollars. If the price exceeds four dollars or a	66191
multiple thereof by not more than sixteen cents, the amount of tax	66192
is twenty-five cents for each four dollars plus one cent. If the	66193
price exceeds four dollars or a multiple thereof by more than	66194
sixteen cents, the amount of tax is twenty-five cents for each	66195
four dollars plus the amount of tax for prices seventeen cents	66196
through three dollars and ninety-nine cents in accordance with the	66197
schedule above.	66198

~~(6)~~(4) When the combined rate of local tax is one ~~and~~	66199
~~one-half~~ per cent:	66200

	If the price		But not		The amount			66201
	is at least		more than		of the tax is			66202

$ .01	$ .15	No tax	66203
.16	.30	2¢	66204
.31	.46	3¢	66205
.47	.61	4¢	66206
.62	.76	5¢	66207
.77	.92	6¢	66208
.93	1.07	7¢	66209
1.08	1.23	8¢	66210
1.24	1.38	9¢	66211
1.39	1.53	10¢	66212
1.54	1.69	11¢	66213
1.70	1.84	12¢	66214
1.85	2.00	13¢	66215

If the price exceeds two dollars, the tax is thirteen cents	66216
on each two dollars. If the price exceeds two dollars or a	66217
multiple thereof by not more than fifteen cents, the amount of tax	66218
is thirteen cents for each two dollars plus one cent. If the price	66219
exceeds two dollars or a multiple thereof by more than fifteen	66220
cents, the amount of tax is thirteen cents for each two dollars	66221
plus the amount of tax for prices sixteen cents through one dollar	66222
and ninety-nine cents in accordance with the schedule above.	66223

~~(7)~~(5) When the combined rate of local tax is one and	66224
~~three-fourths~~one-fourth per cent:	66225

	If the price		But not		The amount			66226
	is at least		more than		of the tax is			66227

$ .01	$ .15	No tax	66228
.16	.29	2¢	66229
.30	.44	3¢	66230
.45	.59	4¢	66231
.60	.74	5¢	66232
.75	.88	6¢	66233
.89	1.03	7¢	66234
1.04	1.18	8¢	66235
1.19	1.33	9¢	66236
1.34	1.48	10¢	66237
1.49	1.62	11¢	66238
1.63	1.77	12¢	66239
1.78	1.92	13¢	66240
1.93	2.07	14¢	66241
2.08	2.22	15¢	66242
2.23	2.37	16¢	66243
2.38	2.51	17¢	66244
2.52	2.66	18¢	66245
2.67	2.81	19¢	66246
2.82	2.96	20¢	66247
2.97	3.11	21¢	66248
3.12	3.25	22¢	66249
3.26	3.40	23¢	66250
3.41	3.55	24¢	66251
3.56	3.70	25¢	66252
3.71	3.85	26¢	66253
3.86	4.00	27¢	66254

If the price exceeds four dollars, the tax is twenty-seven	66255
cents on each four dollars. If the price exceeds four dollars or a	66256
multiple thereof by not more than fourteen cents, the amount of	66257
tax is twenty-seven cents for each four dollars plus one cent. If	66258
the price exceeds four dollars or a multiple thereof by more than	66259
fourteen but by not more than twenty-nine cents, the amount of tax	66260
is twenty-seven cents for each four dollars plus two cents. If the	66261
price exceeds four dollars or a multiple thereof by more than	66262
twenty-nine cents the amount of tax is twenty-seven cents for each	66263
four dollars plus the amount of tax for prices thirty cents	66264
through three dollars and ninety-nine cents in accordance with the	66265
schedule above.	66266

~~(8)~~(6) When the combined rate of local tax is ~~two~~one and	66267
one-half per cent:	66268

	If the price		But not		The amount			66269
	is at least		more than		of the tax is			66270

$ .01	$ .15	No tax	66271
.16	.28	2¢	66272
.29	.42	3¢	66273
.43	.57	4¢	66274
.58	.71	5¢	66275
.72	.85	6¢	66276
.86	1.00	7¢	66277

If the price exceeds one dollar, the tax is seven cents on	66278
each one dollar. If the price exceeds one dollar or a multiple	66279
thereof by not more than fifteen cents, the amount of tax is seven	66280
cents for each one dollar plus one cent. If the price exceeds one	66281
dollar or a multiple thereof by more than fifteen cents, the	66282
amount of tax is seven cents for each one dollar plus the amount	66283
of tax for prices sixteen cents through ninety-nine cents in	66284
accordance with the schedule above.	66285

~~(9)~~(7) When the combined rate of local tax is ~~two~~one and	66286
~~one-fourth~~three-fourths per cent:	66287

	If the price		But not		The amount			66288
	is at least		more than		of the tax is			66289

$ .01	$ .15	No tax	66290
.16	.27	2¢	66291
.28	.41	3¢	66292
.42	.55	4¢	66293
.56	.68	5¢	66294
.69	.82	6¢	66295
.83	.96	7¢	66296
.97	1.10	8¢	66297
1.11	1.24	9¢	66298
1.25	1.37	10¢	66299
1.38	1.51	11¢	66300
1.52	1.65	12¢	66301
1.66	1.79	13¢	66302
1.80	1.93	14¢	66303
1.94	2.06	15¢	66304
2.07	2.20	16¢	66305
2.21	2.34	17¢	66306
2.35	2.48	18¢	66307
2.49	2.62	19¢	66308
2.63	2.75	20¢	66309
2.76	2.89	21¢	66310
2.90	3.03	22¢	66311
3.04	3.17	23¢	66312
3.18	3.31	24¢	66313
3.32	3.44	25¢	66314
3.45	3.58	26¢	66315
3.59	3.72	27¢	66316
3.73	3.86	28¢	66317
3.87	4.00	29¢	66318

If the price exceeds four dollars, the tax is twenty-nine	66319
cents on each four dollars. If the price exceeds four dollars or a	66320
multiple thereof by not more than thirteen cents, the amount of	66321
tax is twenty-nine cents for each four dollars plus one cent. If	66322
the price exceeds four dollars or a multiple thereof by more than	66323
thirteen cents but by not more than twenty-seven cents, the amount	66324
of tax is twenty-nine cents for each four dollars plus two cents.	66325
If the price exceeds four dollars or a multiple thereof by more	66326
than twenty-seven cents, the amount of tax is twenty-nine cents	66327
for each four dollars plus the amount of tax for prices	66328
twenty-eight cents through three dollars and ninety-nine cents in	66329
accordance with the schedule above.	66330

~~(10)~~(8) When the combined rate of local tax is two ~~and~~	66331
~~one-half~~ per cent:	66332

	If the price		But not		The amount			66333
	is at least		more than		of the tax is			66334

$ .01	$ .15	No tax	66335
.16	.26	2¢	66336
.27	.40	3¢	66337
.41	.53	4¢	66338
.54	.65	5¢	66339
.66	.80	6¢	66340
.81	.93	7¢	66341
.94	1.06	8¢	66342
1.07	1.20	9¢	66343
1.21	1.33	10¢	66344
1.34	1.46	11¢	66345
1.47	1.60	12¢	66346
1.61	1.73	13¢	66347
1.74	1.86	14¢	66348
1.87	2.00	15¢	66349

If the price exceeds two dollars, the tax is fifteen cents on	66350
each two dollars. If the price exceeds two dollars or a multiple	66351
thereof by not more than fifteen cents, the amount of tax is	66352
fifteen cents for each two dollars plus one cent. If the price	66353
exceeds two dollars or a multiple thereof by more than fifteen	66354
cents, the amount of tax is fifteen cents for each two dollars	66355
plus the amount of tax for prices sixteen cents through one dollar	66356
and ninety-nine cents in accordance with the schedule above.	66357

~~(11)~~(9) When the combined rate of local tax is two and	66358
~~three-fourths~~one-fourth per cent:	66359

	If the price		But not		The amount			66360
	is at least		more than		of the tax is			66361

$ .01	$ .15	No tax	66362
.16	.25	2¢	66363
.26	.38	3¢	66364
.39	.51	4¢	66365
.52	.64	5¢	66366
.65	.77	6¢	66367
.78	.90	7¢	66368
.91	1.03	8¢	66369
1.04	1.16	9¢	66370
1.17	1.29	10¢	66371
1.30	1.41	11¢	66372
1.42	1.54	12¢	66373
1.55	1.67	13¢	66374
1.68	1.80	14¢	66375
1.81	1.93	15¢	66376
1.94	2.06	16¢	66377
2.07	2.19	17¢	66378
2.20	2.32	18¢	66379
2.33	2.45	19¢	66380
2.46	2.58	20¢	66381
2.59	2.70	21¢	66382
2.71	2.83	22¢	66383
2.84	2.96	23¢	66384
2.97	3.09	24¢	66385
3.10	3.22	25¢	66386
3.23	3.35	26¢	66387
3.36	3.48	27¢	66388
3.49	3.61	28¢	66389
3.62	3.74	29¢	66390
3.75	3.87	30¢	66391
3.88	4.00	31¢	66392

If the price exceeds four dollars, the tax is thirty-one	66393
cents on each four dollars. If the price exceeds four dollars or a	66394
multiple thereof by not more than twelve cents, the amount of tax	66395
is thirty-one cents for each four dollars plus one cent. If the	66396
price exceeds four dollars or a multiple thereof by more than	66397
twelve cents but not more than twenty-five cents, the amount of	66398
tax is thirty-one cents for each four dollars plus two cents. If	66399
the price exceeds four dollars or a multiple thereof by more than	66400
twenty-five cents, the amount of tax is thirty-one cents for each	66401
four dollars plus the amount of tax for prices twenty-six cents	66402
through three dollars and ninety-nine cents in accordance with the	66403
schedule above.	66404

~~(12)~~(10) When the combined rate of local tax is ~~three~~two and	66405
one-half per cent:	66406

	If the price		But not		The amount			66407
	is at least		more than		of the tax is			66408

$ .01	$ .15	No tax	66409
.16	.25	2¢	66410
.26	.37	3¢	66411
.38	.50	4¢	66412
.51	.62	5¢	66413
.63	.75	6¢	66414
.76	.87	7¢	66415
.88	1.00	8¢	66416

If the price exceeds one dollar, the tax is eight cents on	66417
each one dollar. If the price exceeds one dollar or a multiple	66418
thereof by not more than twelve cents, the amount of tax is eight	66419
cents for each one dollar plus one cent. If the price exceeds one	66420
dollar or a multiple thereof by more than twelve cents but not	66421
more than twenty-five cents, the amount of tax is eight cents for	66422
each one dollar plus two cents. If the price exceeds one dollar or	66423
a multiple thereof by more than twenty-five cents, the amount of	66424
tax is eight cents for each one dollar plus the amount of tax for	66425
prices twenty-six cents through ninety-nine cents in accordance	66426
with the schedule above.	66427

(11) When the combined rate of local tax is two and	66428
three-fourths per cent:	66429

	If the price		But not		The amount			66430
	is at least		more than		of the tax is			66431

$ .01	$ .15	No tax	66432
.16	.24	2¢	66433
.25	.36	3¢	66434
.37	.48	4¢	66435
.49	.60	5¢	66436
.61	.72	6¢	66437
.73	.84	7¢	66438
.85	.96	8¢	66439
.97	1.09	9¢	66440
1.10	1.21	10¢	66441
1.22	1.33	11¢	66442
1.34	1.45	12¢	66443
1.46	1.57	13¢	66444
1.58	1.69	14¢	66445
1.70	1.81	15¢	66446
1.82	1.93	16¢	66447
1.94	2.06	17¢	66448
2.07	2.18	18¢	66449
2.19	2.30	19¢	66450
2.31	2.42	20¢	66451
2.43	2.54	21¢	66452
2.55	2.66	22¢	66453
2.67	2.78	23¢	66454
2.79	2.90	24¢	66455
2.91	3.03	25¢	66456
3.04	3.15	26¢	66457
3.16	3.27	27¢	66458
3.28	3.39	28¢	66459
3.40	3.51	29¢	66460
3.52	3.63	30¢	66461
3.64	3.75	31¢	66462
3.76	3.87	32¢	66463
3.88	4.00	33¢	66464

If the price exceeds four dollars, the tax is thirty-three	66465
cents on each four dollars. If the price exceeds four dollars or a	66466
multiple thereof by not more than eleven cents, the amount of tax	66467
is thirty-three cents for each four dollars plus one cent. If the	66468
price exceeds four dollars or a multiple thereof by more than	66469
eleven cents but not more than twenty-four cents, the amount of	66470
tax is thirty-three cents for each four dollars plus two cents. If	66471
the price exceeds four dollars or a multiple thereof by more than	66472
twenty-four cents, the amount of tax is thirty-three cents for	66473
each four dollars plus the amount of tax for prices twenty-six	66474
cents through three dollars and ninety-nine cents in accordance	66475
with the schedule above.	66476

(12) When the combined rate of local tax is three per cent:

66477

	If the price		But not		The amount			66478
	is at least		more than		of the tax is			66479

$ .01	$ .15	No tax	66480
.16	.23	2¢	66481
.24	.35	3¢	66482
.36	.47	4¢	66483
.48	.58	5¢	66484
.59	.70	6¢	66485
.71	.82	7¢	66486
.83	.94	8¢	66487
.95	1.05	9¢	66488
1.06	1.17	10¢	66489
1.18	1.29	11¢	66490
1.30	1.41	12¢	66491
1.42	1.52	13¢	66492
1.53	1.64	14¢	66493
1.65	1.76	15¢	66494
1.77	1.88	16¢	66495
1.89	2.00	17¢	66496

If the price exceeds two dollars, the tax is seventeen cents	66497
on each two dollars. If the price exceeds two dollars or a	66498
multiple thereof by not more than eleven cents, the amount of tax	66499
is seventeen cents for each two dollars plus one cent. If the	66500
price exceeds two dollars or a multiple thereof by more than	66501
eleven cents but not more than twenty-three cents, the amount of	66502
tax is seventeen cents for each two dollars plus two cents. If the	66503
price exceeds two dollars or a multiple thereof by more than	66504
twenty-three cents, the amount of tax is seventeen cents for each	66505
two dollars plus the amount of tax for prices twenty-four cents	66506
through one dollar and ninety-nine cents in accordance with the	66507
schedule above.	66508

(D) In lieu of collecting the tax pursuant to the schedules	66509
set forth in divisions (A), (B), and (C) of this section, a vendor	66510
may compute the tax on each sale as follows:	66511

(1) On sales of fifteen cents or less, no tax shall apply.

66512

(2) On sales in excess of fifteen cents, multiply the price	66513
by the aggregate rate of taxes in effect under sections 5739.02	66514
and 5741.02 and sections 5739.021, 5739.023, 5739.026, 5741.021,	66515
5741.022, and 5741.023 of the Revised Code. The computation shall	66516
be carried out to six decimal places. If the result is a	66517
fractional amount of a cent, the calculated tax shall be increased	66518
to the next highest cent and that amount shall be collected by the	66519
vendor.	66520

(E) On and after January 1, 2006, a vendor shall compute the	66521
tax on each sale by multiplying the price by the aggregate rate of	66522
taxes in effect under sections 5739.02 and 5741.02, and sections	66523
5739.021, 5739.023, 5739.026, 5741.021, 5741.022, and 5741.023 of	66524
the Revised Code. The computation shall be carried out to three	66525
decimal places. If the result is a fractional amount of a cent,	66526
the calculated tax shall be rounded to a whole cent using a method	66527
that rounds up to the next cent whenever the third decimal place	66528
is greater than four. A vendor may elect to compute the tax due on	66529
a transaction on an item or an invoice basis.	66530

(F) In auditing a vendor, the tax commissioner shall consider	66531
the method prescribed by this section that was used by the vendor	66532
in determining and collecting the tax due under this chapter on	66533
taxable transactions. If the vendor correctly collects and remits	66534
the tax due under this chapter in accordance with the schedules in	66535
divisions (A), (B), and (C) of this section or in accordance with	66536
the computation prescribed in division (D) or (E) of this section,	66537
the commissioner shall not assess any additional tax on those	66538
transactions.	66539

(G)(1) With respect to a sale of a fractional ownership	66540
program aircraft used primarily in a fractional aircraft ownership	66541
program, including all accessories attached to such aircraft, the	66542
tax shall be calculated pursuant to divisions (A) to (E) of this	66543
section, provided that the tax commissioner shall modify those	66544
calculations so that the maximum tax on each program aircraft is	66545
eight hundred dollars. In the case of a sale of a fractional	66546
interest that is less than one hundred per cent of the program	66547
aircraft, the tax charged on the transaction shall be eight	66548
hundred dollars multiplied by a fraction, the numerator of which	66549
is the percentage of ownership or possession in the aircraft being	66550
purchased in the transaction, and the denominator of which is one	66551
hundred per cent.	66552

(2) Notwithstanding any other provision of law to the	66553
contrary, the tax calculated under division (G)(1) of this section	66554
and paid with respect to the sale of a fractional ownership	66555
program aircraft used primarily in a fractional aircraft ownership	66556
program shall be credited to the general revenue fund.	66557

Sec. 5739.026. (A) A board of county commissioners may levy	66558
a tax of one-fourth or one-half of one per cent on every retail	66559
sale in the county, except sales of watercraft and outboard motors	66560
required to be titled pursuant to Chapter 1548. of the Revised	66561
Code and sales of motor vehicles, and may increase an existing	66562
rate of one-fourth of one per cent to one-half of one per cent, to	66563
pay the expenses of administering the tax and, except as provided	66564
in division (A)(6) of this section, for any one or more of the	66565
following purposes provided that the aggregate levy for all such	66566
purposes does not exceed one-half of one per cent:	66567

(1) To provide additional revenues for the payment of bonds	66568
or notes issued in anticipation of bonds issued by a convention	66569
facilities authority established by the board of county	66570
commissioners under Chapter 351. of the Revised Code and to	66571
provide additional operating revenues for the convention	66572
facilities authority;	66573

(2) To provide additional revenues for a transit authority	66574
operating in the county;	66575

(3) To provide additional revenue for the county's general	66576
fund;	66577

(4) To provide additional revenue for permanent improvements	66578
within the county to be distributed by the community improvements	66579
board in accordance with section 307.283 and to pay principal,	66580
interest, and premium on bonds issued under section 307.284 of the	66581
Revised Code;	66582

(5) To provide additional revenue for the acquisition,	66583
construction, equipping, or repair of any specific permanent	66584
improvement or any class or group of permanent improvements, which	66585
improvement or class or group of improvements shall be enumerated	66586
in the resolution required by division (D) of this section, and to	66587
pay principal, interest, premium, and other costs associated with	66588
the issuance of bonds or notes in anticipation of bonds issued	66589
pursuant to Chapter 133. of the Revised Code for the acquisition,	66590
construction, equipping, or repair of the specific permanent	66591
improvement or class or group of permanent improvements;	66592

(6) To provide revenue for the implementation and operation	66593
of a 9-1-1 system in the county. If the tax is levied or the rate	66594
increased exclusively for such purpose, the tax shall not be	66595
levied or the rate increased for more than five years. At the end	66596
of the last year the tax is levied or the rate increased, any	66597
balance remaining in the special fund established for such purpose	66598
shall remain in that fund and be used exclusively for such purpose	66599
until the fund is completely expended, and, notwithstanding	66600
section 5705.16 of the Revised Code, the board of county	66601
commissioners shall not petition for the transfer of money from	66602
such special fund, and the tax commissioner shall not approve such	66603
a petition.	66604

If the tax is levied or the rate increased for such purpose	66605
for more than five years, the board of county commissioners also	66606
shall levy the tax or increase the rate of the tax for one or more	66607
of the purposes described in divisions (A)(1) to (5) of this	66608
section and shall prescribe the method for allocating the revenues	66609
from the tax each year in the manner required by division (C) of	66610
this section.	66611

(7) To provide additional revenue for the operation or	66612
maintenance of a detention facility, as that term is defined under	66613
division (F) of section 2921.01 of the Revised Code;	66614

(8) To provide revenue to finance the construction or	66615
renovation of a sports facility, but only if the tax is levied for	66616
that purpose in the manner prescribed by section 5739.028 of the	66617
Revised Code.	66618

As used in division (A)(8) of this section:

66619

(a) "Sports facility" means a facility intended to house	66620
major league professional athletic teams.	66621

(b) "Constructing" or "construction" includes providing	66622
fixtures, furnishings, and equipment.	66623

(9) To provide additional revenue for the acquisition of	66624
agricultural easements, as defined in section 5301.67 of the	66625
Revised Code; to pay principal, interest, and premium on bonds	66626
issued under section 133.60 of the Revised Code; and for the	66627
supervision and enforcement of agricultural easements held by the	66628
county.	66629

Pursuant to section 755.171 of the Revised Code, a board of	66630
county commissioners may pledge and contribute revenue from a tax	66631
levied for the purpose of division (A)(5) of this section to the	66632
payment of debt charges on bonds issued under section 755.17 of	66633
the Revised Code.	66634

The rate of tax shall be a multiple of one-fourth of one per	66635
cent, unless a portion of the rate of an existing tax levied under	66636
section 5739.023 of the Revised Code has been reduced, and the	66637
rate of tax levied under this section has been increased, pursuant	66638
to section 5739.028 of the Revised Code, in which case the	66639
aggregate of the rates of tax levied under this section and	66640
section 5739.023 of the Revised Code shall be a multiple of	66641
one-fourth of one per cent. The tax shall be levied and the rate	66642
increased pursuant to a resolution adopted by a majority of the	66643
members of the board. The board shall deliver a certified copy of	66644
the resolution to the tax commissioner, not later than the	66645
sixty-fifth day prior to the date on which the tax is to become	66646
effective, which shall be the first day of a calendar quarter.	66647

Prior to the adoption of any resolution to levy the tax or to	66648
increase the rate of tax exclusively for the purpose set forth in	66649
division (A)(3) of this section, the board of county commissioners	66650
shall conduct two public hearings on the resolution, the second	66651
hearing to be no fewer than three nor more than ten days after the	66652
first. Notice of the date, time, and place of the hearings shall	66653
be given by publication in a newspaper of general circulation in	66654
the county once a week on the same day of the week for two	66655
consecutive weeks, the second publication being no fewer than ten	66656
nor more than thirty days prior to the first hearing. Except as	66657
provided in division (E) of this section, the resolution shall be	66658
subject to a referendum as provided in sections 305.31 to 305.41	66659
of the Revised Code. Unless the resolution is adopted as an	66660
emergency measure, or is to be submitted to the electors of the	66661
county under division (D)(2)(a) of this section, the resolution	66662
shall be adopted at least one hundred twenty days prior to the	66663
date on which the tax or the increased rate of tax is to go into	66664
effect. If the resolution is adopted as an emergency measure	66665
necessary for the immediate preservation of the public peace,	66666
health, or safety, it must receive an affirmative vote of all of	66667
the members of the board of county commissioners and shall state	66668
the reasons for the necessity.	66669

If the tax is for more than one of the purposes set forth in	66670
divisions (A)(1) to (7) and (9) of this section or is exclusively	66671
for one of the purposes set forth in division (A)(1), (2), (4),	66672
(5), (6), (7), or (9) of this section, the resolution shall not go	66673
into effect unless it is approved by a majority of the electors	66674
voting on the question of the tax.	66675

(B) The board of county commissioners shall adopt a	66676
resolution under section 351.02 of the Revised Code creating the	66677
convention facilities authority, or under section 307.283 of the	66678
Revised Code creating the community improvements board, before	66679
adopting a resolution levying a tax for the purpose of a	66680
convention facilities authority under division (A)(1) of this	66681
section or for the purpose of a community improvements board under	66682
division (A)(4) of this section.	66683

(C)(1) If the tax is to be used for more than one of the	66684
purposes set forth in divisions (A)(1) to (7) and (9) of this	66685
section, the board of county commissioners shall establish the	66686
method that will be used to determine the amount or proportion of	66687
the tax revenue received by the county during each year that will	66688
be distributed for each of those purposes, including, if	66689
applicable, provisions governing the reallocation of a convention	66690
facilities authority's allocation if the authority is dissolved	66691
while the tax is in effect. The allocation method may provide that	66692
different proportions or amounts of the tax shall be distributed	66693
among the purposes in different years, but it shall clearly	66694
describe the method that will be used for each year. Except as	66695
otherwise provided in division (C)(2) of this section, the	66696
allocation method established by the board is not subject to	66697
amendment during the life of the tax.	66698

(2) Subsequent to holding a public hearing on the proposed	66699
amendment, the board of county commissioners may amend the	66700
allocation method established under division (C)(1) of this	66701
section for any year, if the amendment is approved by the	66702
governing board of each entity whose allocation for the year would	66703
be reduced by the proposed amendment. In the case of a tax that is	66704
levied for a continuing period of time, the board may not so amend	66705
the allocation method for any year before the sixth year that the	66706
tax is in effect.	66707

(a) If the additional revenues provided to the convention	66708
facilities authority are pledged by the authority for the payment	66709
of convention facilities authority revenue bonds for as long as	66710
such bonds are outstanding, no reduction of the authority's	66711
allocation of the tax shall be made for any year except to the	66712
extent that the reduced authority allocation, when combined with	66713
the authority's other revenues pledged for that purpose, is	66714
sufficient to meet the debt service requirements for that year on	66715
such bonds.	66716

(b) If the additional revenues provided to the county are	66717
pledged by the county for the payment of bonds or notes described	66718
in division (A)(4) or (5) of this section, for as long as such	66719
bonds or notes are outstanding, no reduction of the county's or	66720
the community improvements board's allocation of the tax shall be	66721
made for any year, except to the extent that the reduced county or	66722
community improvements board allocation is sufficient to meet the	66723
debt service requirements for that year on such bonds or notes.	66724

(c) If the additional revenues provided to the transit	66725
authority are pledged by the authority for the payment of revenue	66726
bonds issued under section 306.37 of the Revised Code, for as long	66727
as such bonds are outstanding, no reduction of the authority's	66728
allocation of tax shall be made for any year, except to the extent	66729
that the authority's reduced allocation, when combined with the	66730
authority's other revenues pledged for that purpose, is sufficient	66731
to meet the debt service requirements for that year on such bonds.	66732

(d) If the additional revenues provided to the county are	66733
pledged by the county for the payment of bonds or notes issued	66734
under section 133.60 of the Revised Code, for so long as the bonds	66735
or notes are outstanding, no reduction of the county's allocation	66736
of the tax shall be made for any year, except to the extent that	66737
the reduced county allocation is sufficient to meet the debt	66738
service requirements for that year on the bonds or notes.	66739

(D)(1) The resolution levying the tax or increasing the rate	66740
of tax shall state the rate of the tax or the rate of the	66741
increase; the purpose or purposes for which it is to be levied;	66742
the number of years for which it is to be levied or that it is for	66743
a continuing period of time; the allocation method required by	66744
division (C) of this section; and if required to be submitted to	66745
the electors of the county under division (A) of this section, the	66746
date of the election at which the proposal shall be submitted to	66747
the electors of the county, which shall be not less than	66748
seventy-five days after the certification of a copy of the	66749
resolution to the board of elections and, if the tax is to be	66750
levied exclusively for the purpose set forth in division (A)(3) of	66751
this section, shall not occur in February or August of any year.	66752
Upon certification of the resolution to the board of elections,	66753
the board of county commissioners shall notify the tax	66754
commissioner in writing of the levy question to be submitted to	66755
the electors. If approved by a majority of the electors, the tax	66756
shall become effective on the first day of a calendar quarter next	66757
following the sixty-fifth day following the date the board of	66758
county commissioners and tax commissioner receive from the board	66759
of elections the certification of the results of the election,	66760
except as provided in division (E) of this section.	66761

(2)(a) A resolution specifying that the tax is to be used	66762
exclusively for the purpose set forth in division (A)(3) of this	66763
section that is not adopted as an emergency measure may direct the	66764
board of elections to submit the question of levying the tax or	66765
increasing the rate of the tax to the electors of the county at a	66766
special election held on the date specified by the board of county	66767
commissioners in the resolution, provided that the election occurs	66768
not less than seventy-five days after the resolution is certified	66769
to the board of elections and the election is not held in February	66770
or August of any year. Upon certification of the resolution to the	66771
board of elections, the board of county commissioners shall notify	66772
the tax commissioner in writing of the levy question to be	66773
submitted to the electors. No resolution adopted under division	66774
(D)(2)(a) of this section shall go into effect unless approved by	66775
a majority of those voting upon it and, except as provided in	66776
division (E) of this section, not until the first day of a	66777
calendar quarter following the expiration of sixty-five days from	66778
the date the tax commissioner receives notice from the board of	66779
elections of the affirmative vote.	66780

(b) A resolution specifying that the tax is to be used	66781
exclusively for the purpose set forth in division (A)(3) of this	66782
section that is adopted as an emergency measure shall become	66783
effective as provided in division (A) of this section, but may	66784
direct the board of elections to submit the question of repealing	66785
the tax or increase in the rate of the tax to the electors of the	66786
county at the next general election in the county occurring not	66787
less than seventy-five days after the resolution is certified to	66788
the board of elections. Upon certification of the resolution to	66789
the board of elections, the board of county commissioners shall	66790
notify the tax commissioner in writing of the levy question to be	66791
submitted to the electors. The ballot question shall be the same	66792
as that prescribed in section 5739.022 of the Revised Code. The	66793
board of elections shall notify the board of county commissioners	66794
and the tax commissioner of the result of the election immediately	66795
after the result has been declared. If a majority of the qualified	66796
electors voting on the question of repealing the tax or increase	66797
in the rate of the tax vote for repeal of the tax or repeal of the	66798
increase, the board of county commissioners, on the first day of a	66799
calendar quarter following the expiration of sixty-five days after	66800
the date the board and tax commissioner received notice of the	66801
result of the election, shall, in the case of a repeal of the tax,	66802
cease to levy the tax, or, in the case of a repeal of an increase	66803
in the rate of the tax, cease to levy the increased rate and levy	66804
the tax at the rate at which it was imposed immediately prior to	66805
the increase in rate.	66806

(c) A board of county commissioners, by resolution, may	66807
reduce the rate of a tax levied exclusively for the purpose set	66808
forth in division (A)(3) of this section to a lower rate	66809
authorized by this section. Any such reduction shall be made	66810
effective on the first day of the calendar quarter next following	66811
the sixty-fifth day after the tax commissioner receives a	66812
certified copy of the resolution from the board.	66813

(E) If a vendor that is registered with the central	66814
electronic registration system provided for in section 5740.05 of	66815
the Revised Code makes a sale in this state by printed catalog and	66816
the consumer computed the tax on the sale based on local rates	66817
published in the catalog, any tax levied or repealed or rate	66818
changed under this section shall not apply to such a sale until	66819
the first day of a calendar quarter following the expiration of	66820
one hundred twenty days from the date of notice by the tax	66821
commissioner pursuant to division (G) of this section.	66822

(F) The tax levied pursuant to this section shall be in	66823
addition to the tax levied by section 5739.02 of the Revised Code	66824
and any tax levied pursuant to section 5739.021 or 5739.023 of the	66825
Revised Code.	66826

A county that levies a tax pursuant to this section shall	66827
levy a tax at the same rate pursuant to section 5741.023 of the	66828
Revised Code.	66829

The additional tax levied by the county shall be collected	66830
pursuant to section 5739.025 of the Revised Code.	66831

Any tax levied pursuant to this section is subject to the	66832
exemptions provided in section 5739.02 of the Revised Code and in	66833
addition shall not be applicable to sales not within the taxing	66834
power of a county under the Constitution of the United States or	66835
the Ohio Constitution.	66836

(G) Upon receipt from a board of county commissioners of a	66837
certified copy of a resolution required by division (A) of this	66838
section, or from the board of elections a notice of the results of	66839
an election required by division (D)(1), (2)(a), (b), or (c) of	66840
this section, the tax commissioner shall provide notice of a tax	66841
rate change in a manner that is reasonably accessible to all	66842
affected vendors. The commissioner shall provide this notice at	66843
least sixty days prior to the effective date of the rate change.	66844
The commissioner, by rule, may establish the method by which	66845
notice will be provided.	66846

Sec. 5739.03. (A) Except as provided in section 5739.05 of	66847
the Revised Code, the tax imposed by or pursuant to section	66848
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code shall	66849
be paid by the consumer to the vendor, and each vendor shall	66850
collect from the consumer, as a trustee for the state of Ohio, the	66851
full and exact amount of the tax payable on each taxable sale, in	66852
the manner and at the times provided as follows:	66853

(1) If the price is, at or prior to the provision of the	66854
service or the delivery of possession of the thing sold to the	66855
consumer, paid in currency passed from hand to hand by the	66856
consumer or the consumer's agent to the vendor or the vendor's	66857
agent, the vendor or the vendor's agent shall collect the tax with	66858
and at the same time as the price;	66859

(2) If the price is otherwise paid or to be paid, the vendor	66860
or the vendor's agent shall, at or prior to the provision of the	66861
service or the delivery of possession of the thing sold to the	66862
consumer, charge the tax imposed by or pursuant to section	66863
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code to	66864
the account of the consumer, which amount shall be collected by	66865
the vendor from the consumer in addition to the price. Such sale	66866
shall be reported on and the amount of the tax applicable thereto	66867
shall be remitted with the return for the period in which the sale	66868
is made, and the amount of the tax shall become a legal charge in	66869
favor of the vendor and against the consumer.	66870

(B)(1)(a) If any sale is claimed to be exempt under division	66871
(E) of section 5739.01 of the Revised Code or under section	66872
5739.02 of the Revised Code, with the exception of divisions	66873
(B)(1) to (11) or (28) of section 5739.02 of the Revised Code, the	66874
consumer must provide to the vendor, and the vendor must obtain	66875
from the consumer, a certificate specifying the reason that the	66876
sale is not legally subject to the tax. The certificate shall be	66877
in such form, and shall be provided either in a hard copy form or	66878
electronic form, as ~~prescribed by~~ the tax commissioner prescribes.	66879
~~If the transaction is claimed to be exempt under division (B)(13)~~	66880
~~of section 5739.02 of the Revised Code, the exemption certificate~~	66881
~~shall be provided by both the contractor and the contractee. Such~~	66882
~~contractee shall be deemed to be the consumer of all items~~	66883
~~purchased under such claim of exemption, if it is subsequently~~	66884
~~determined that the exemption is not properly claimed. The~~	66885
~~certificate shall be in such form as the tax commissioner by~~	66886
~~regulation prescribes.~~	66887

(b) A vendor that obtains a fully completed exemption	66888
certificate from a consumer is relieved of liability for	66889
collecting and remitting tax on any sale covered by that	66890
certificate. If it is determined the exemption was improperly	66891
claimed, the consumer shall be liable for any tax due on that sale	66892
under section 5739.02, 5739.021, 5739.023, or 5739.026 or Chapter	66893
5741. of the Revised Code. Relief under this division from	66894
liability does not apply to any of the following:	66895

(i) A vendor that fraudulently fails to collect tax;

66896

(ii) A vendor that solicits consumers to participate in the	66897
unlawful claim of an exemption;	66898

(iii) A vendor that accepts an exemption certificate from a	66899
consumer that claims an exemption based on who purchases or who	66900
sells property or a service, when the subject of the transaction	66901
sought to be covered by the exemption certificate is actually	66902
received by the consumer at a location operated by the vendor in	66903
this state, and this state has posted to its web site an exemption	66904
certificate form that clearly and affirmatively indicates that the	66905
claimed exemption is not available in this state;	66906

(iv) A vendor that accepts an exemption certificate from a	66907
consumer who claims a multiple points of use exemption under	66908
division (B) of section 5739.033 of the Revised Code, if the item	66909
purchased is tangible personal property, other than prewritten	66910
computer software.	66911

(2) The vendor shall maintain records, including exemption	66912
certificates, of all sales on which a consumer has claimed an	66913
exemption, and provide them to the tax commissioner on request.	66914

(3) The tax commissioner may establish an identification	66915
system whereby the commissioner issues an identification number to	66916
a consumer that is exempt from payment of the tax. The consumer	66917
must present the number to the vendor, if any sale is claimed to	66918
be exempt as provided in this section.	66919

(4) If no certificate is provided or obtained within ~~the~~	66920
~~period for filing the return for the period in~~ninety days after	66921
the date on which such sale is consummated, it shall be presumed	66922
that the tax applies. Failure to have so provided or obtained a	66923
certificate shall not ~~prevent~~preclude a vendor ~~or consumer~~,	66924
within one hundred twenty days after the tax commissioner gives	66925
written notice of intent to levy an assessment, from either	66926
establishing that the sale is not subject to the tax ~~within one~~	66927
~~hundred twenty days of the giving of notice by the commissioner of~~	66928
~~intention to levy an assessment, in which event the tax shall not~~	66929
~~apply~~, or obtaining, in good faith, a fully completed exemption	66930
certificate.	66931

(5) Certificates need not be obtained nor provided where the	66932
identity of the consumer is such that the transaction is never	66933
subject to the tax imposed or where the item of tangible personal	66934
property sold or the service provided is never subject to the tax	66935
imposed, regardless of use, or when the sale is in interstate	66936
commerce.	66937

(6) If a transaction is claimed to be exempt under division	66938
(B)(13) of section 5739.02 of the Revised Code, the contractor	66939
shall obtain certification of the claimed exemption from the	66940
contractee. This certification shall be in addition to an	66941
exemption certificate provided by the contractor to the vendor. A	66942
contractee that provides a certification under this division shall	66943
be deemed to be the consumer of all items purchased by the	66944
contractor under the claim of exemption, if it is subsequently	66945
determined that the exemption is not properly claimed. The	66946
certification shall be in such form as the tax commissioner	66947
prescribes.	66948

(C) As used in this division, "contractee" means a person who	66949
seeks to enter or enters into a contract or agreement with a	66950
contractor or vendor for the construction of real property or for	66951
the sale and installation onto real property of tangible personal	66952
property.	66953

Any contractor or vendor may request from any contractee a	66954
certification of what portion of the property to be transferred	66955
under such contract or agreement is to be incorporated into the	66956
realty and what portion will retain its status as tangible	66957
personal property after installation is completed. The contractor	66958
or vendor shall request the certification by certified mail	66959
delivered to the contractee, return receipt requested. Upon	66960
receipt of such request and prior to entering into the contract or	66961
agreement, the contractee shall provide to the contractor or	66962
vendor a certification sufficiently detailed to enable the	66963
contractor or vendor to ascertain the resulting classification of	66964
all materials purchased or fabricated by the contractor or vendor	66965
and transferred to the contractee. This requirement applies to a	66966
contractee regardless of whether the contractee holds a direct	66967
payment permit under section 5739.031 of the Revised Code or	66968
provides to the contractor or vendor an exemption certificate as	66969
provided under this section.	66970

For the purposes of the taxes levied by this chapter and	66971
Chapter 5741. of the Revised Code, the contractor or vendor may in	66972
good faith rely on the contractee's certification. Notwithstanding	66973
division (B) of section 5739.01 of the Revised Code, if the tax	66974
commissioner determines that certain property certified by the	66975
contractee as tangible personal property pursuant to this division	66976
is, in fact, real property, the contractee shall be considered to	66977
be the consumer of all materials so incorporated into that real	66978
property and shall be liable for the applicable tax, and the	66979
contractor or vendor shall be excused from any liability on those	66980
materials.	66981

If a contractee fails to provide such certification upon the	66982
request of the contractor or vendor, the contractor or vendor	66983
shall comply with the provisions of this chapter and Chapter 5741.	66984
of the Revised Code without the certification. If the tax	66985
commissioner determines that such compliance has been performed in	66986
good faith and that certain property treated as tangible personal	66987
property by the contractor or vendor is, in fact, real property,	66988
the contractee shall be considered to be the consumer of all	66989
materials so incorporated into that real property and shall be	66990
liable for the applicable tax, and the construction contractor or	66991
vendor shall be excused from any liability on those materials.	66992

This division does not apply to any contract or agreement	66993
where the tax commissioner determines as a fact that a	66994
certification under this division was made solely on the decision	66995
or advice of the contractor or vendor.	66996

(D) Notwithstanding division (B) of section 5739.01 of the	66997
Revised Code, whenever the total rate of tax imposed under this	66998
chapter is increased after the date after a construction contract	66999
is entered into, the contractee shall reimburse the construction	67000
contractor for any additional tax paid on tangible property	67001
consumed or services received pursuant to the contract.	67002

(E) A vendor who files a petition for reassessment contesting	67003
the assessment of tax on sales for which the vendor obtained no	67004
valid exemption certificates and for which the vendor failed to	67005
establish that the sales were properly not subject to the tax	67006
during the one-hundred-twenty-day period allowed under division	67007
(B) of this section, may present to the tax commissioner	67008
additional evidence to prove that the sales were properly subject	67009
to a claim of exception or exemption. The vendor shall file such	67010
evidence within ninety days of the receipt by the vendor of the	67011
notice of assessment, except that, upon application and for	67012
reasonable cause, the period for submitting such evidence shall be	67013
extended thirty days.	67014

The commissioner shall consider such additional evidence in	67015
reaching the final determination on the assessment and petition	67016
for reassessment.	67017

(F) Whenever a vendor refunds to the consumer the full price	67018
of an item of tangible personal property on which the tax imposed	67019
under this chapter has been paid, the vendor shall also refund the	67020
full amount of the tax paid.	67021

Sec. 5739.033. This section applies to sales made on and	67022
after July 1, 2005. Sales made before July 1, 2005, are subject to	67023
section 5739.035 of the Revised Code. On and after January 1,	67024
2005, any vendor may irrevocably elect to comply with this section	67025
for all of the vendor's sales and places of business in this	67026
state.	67027

The amount of tax due pursuant to sections 5739.02, 5739.021,	67028
5739.023, and 5739.026 of the Revised Code is the sum of the taxes	67029
imposed pursuant to those sections at the sourcing location of the	67030
sale as determined under this section or, if applicable, under	67031
division (C) of section 5739.031 or section 5739.034 or 5739.035	67032
of the Revised Code. This section applies only to a vendor's or	67033
seller's obligation to collect and remit sales taxes under section	67034
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code or	67035
use taxes under section 5741.02, 5741.021, 5741.022, or 5741.023	67036
of the Revised Code. This section does not affect the obligation	67037
of a consumer to remit use taxes on the storage, use, or other	67038
consumption of tangible personal property or on the benefit	67039
realized of any service provided, to the jurisdiction of that	67040
storage, use, or consumption, or benefit realized.	67041

(A) Except for sales, other than leases, of titled motor	67042
vehicles, titled watercraft, or titled outboard motors as provided	67043
in section 5741.05 of the Revised Code, or as otherwise provided	67044
in this section and section 5739.034 or 5740.10 of the Revised	67045
Code, all sales shall be sourced as follows:	67046

(1) If the consumer or a donee designated by the consumer	67047
receives tangible personal property or a service at a vendor's	67048
place of business, the sale shall be sourced to that place of	67049
business.	67050

(2) When the tangible personal property or service is not	67051
received at a vendor's place of business, the sale shall be	67052
sourced to the location known to the vendor where the consumer or	67053
the donee designated by the consumer receives the tangible	67054
personal property or service, including the location indicated by	67055
instructions for delivery to the consumer or the consumer's donee.	67056

(3) If divisions (A)(1) and (2) of this section do not apply,	67057
the sale shall be sourced to the location indicated by an address	67058
for the consumer that is available from the vendor's business	67059
records that are maintained in the ordinary course of the vendor's	67060
business, when use of that address does not constitute bad faith.	67061

(4) If divisions (A)(1), (2), and (3) of this section do not	67062
apply, the sale shall be sourced to the location indicated by an	67063
address for the consumer obtained during the consummation of the	67064
sale, including the address associated with the consumer's payment	67065
instrument, if no other address is available, when use of that	67066
address does not constitute bad faith.	67067

(5) If divisions (A)(1), (2), (3), and (4) of this section do	67068
not apply, including in the circumstance where the vendor is	67069
without sufficient information to apply any of those divisions,	67070
the sale shall be sourced to the address from which tangible	67071
personal property was shipped, or from which the service was	67072
provided, disregarding any location that merely provided the	67073
electronic transfer of the property sold or service provided.	67074

(6) As used in division (A) of this section, "receive" means	67075
taking possession of tangible personal property or making first	67076
use of a service. "Receive" does not include possession by a	67077
shipping company on behalf of a consumer.	67078

(B)(1)(a) Notwithstanding divisions (A)(1) to (5) of this	67079
section, a business consumer that is not a holder of a direct	67080
payment permit granted under section 5739.031 of the Revised Code,	67081
that purchases a digital good, computer software ~~delivered~~	67082
~~electronically~~, except computer software received in person by a	67083
business consumer at a vendor's place of business, or a service	67084
~~for use in business~~, and that knows at the time of purchase that	67085
such digital good, software, or service will be concurrently	67086
available for use in more than one taxing jurisdiction shall	67087
deliver to the vendor in conjunction with its purchase aan	67088
exemption certificate claiming multiple points of use ~~exemption~~	67089
~~form prescribed by the tax commissioner disclosing this fact~~, or	67090
shall meet the requirements of division (B)(2) of this section. On	67091
receipt of the exemption certificate claiming multiple points of	67092
use ~~exemption form~~, the vendor is relieved of its obligation to	67093
collect, pay, or remit the tax due, and the business consumer must	67094
pay the tax directly to the state.	67095

~~(2)~~(b) A business consumer that delivers ~~such form~~the	67096
exemption certificate claiming multiple points of use to a vendor	67097
may use any reasonable, consistent, and uniform method of	67098
apportioning the tax due on the digital good, computer software	67099
~~delivered electronically~~, or service ~~for use in business~~ that is	67100
supported by the consumer's business records as they existed at	67101
the time of the sale. The business consumer shall report and pay	67102
the appropriate tax to each jurisdiction where concurrent use	67103
occurs. The tax due shall be calculated as if the apportioned	67104
amount of the digital good, computer software, or service had been	67105
delivered to each jurisdiction to which the sale is apportioned	67106
under this division.	67107

~~(3)~~(c) The exemption certificate claiming multiple points of	67108
use ~~exemption form~~ shall remain in effect for all future sales by	67109
the vendor to the business consumer until it is revoked in writing	67110
by the business consumer, except as to the business consumer's	67111
specific apportionment of a subsequent sale under division	67112
(B)~~(2)~~(1)(b) of this section and the facts existing at the time of	67113
the sale.	67114

(2) When the vendor knows that a digital good, computer	67115
software, or service sold will be concurrently available for use	67116
by the business consumer in more than one jurisdiction, but the	67117
business consumer does not provide an exemption certificate	67118
claiming multiple points of use as required by division (B)(1) of	67119
this section, the vendor may work with the business consumer to	67120
produce the correct apportionment. Governed by the principles of	67121
division (B)(1)(b) of this section, the vendor and business	67122
consumer may use any reasonable, but consistent and uniform,	67123
method of apportionment that is supported by the vendor's and	67124
business consumer's books and records as they exist at the time	67125
the sale is reported for purposes of the taxes levied under this	67126
chapter. If the business consumer certifies to the accuracy of the	67127
apportionment and the vendor accepts the certification, the vendor	67128
shall collect and remit the tax accordingly. In the absence of bad	67129
faith, the vendor is relieved of any further obligation to collect	67130
tax on any transaction where the vendor has collected tax pursuant	67131
to the information certified by the business consumer.	67132

(3) When the vendor knows that the digital good, computer	67133
software, or service will be concurrently available for use in	67134
more than one jurisdiction, and the business consumer does not	67135
have a direct pay permit and does not provide to the vendor an	67136
exemption certificate claiming multiple points of use as required	67137
in division (B)(1) of this section, or certification pursuant to	67138
division (B)(2) of this section, the vendor shall collect and	67139
remit the tax based on division (A) of this section.	67140

(4) Nothing in this section shall limit a person's obligation	67141
for sales or use tax to any state in which a digital good,	67142
computer software, or service is concurrently available for use,	67143
nor limit a person's ability under local, state, or federal law,	67144
to claim a credit for sales or use taxes legally due and paid to	67145
other jurisdictions.	67146

(C) A person who holds a direct payment permit issued under	67147
section 5739.031 of the Revised Code is not required to deliver a	67148
an exemption certificate claiming multiple points of use ~~exemption~~	67149
~~form~~ to a vendor. But such permit holder shall comply with	67150
division (B)~~(2)~~(1)(b) of this section in apportioning the tax due	67151
on a digital good, computer software ~~delivered electronically~~, or	67152
a service ~~used~~for use in business that will be concurrently	67153
available for use in more than one taxing jurisdiction.	67154

(D)(1) Notwithstanding divisions (A)(1) to (5) of this	67155
section, the ~~purchaser~~consumer of direct mail that is not a	67156
holder of a direct payment permit shall provide to the vendor in	67157
conjunction with the ~~purchase~~sale either aan exemption	67158
certificate claiming direct mail ~~form~~ prescribed by the tax	67159
commissioner, or information to show the jurisdictions to which	67160
the direct mail is delivered to recipients.	67161

(2) Upon receipt of ~~a direct mail form~~such exemption	67162
certificate, the vendor is relieved of all obligations to collect,	67163
pay, or remit the applicable tax and the ~~purchaser~~consumer is	67164
obligated to pay that tax on a direct pay basis. AAn exemption	67165
certificate claiming direct mail ~~form~~ shall remain in effect for	67166
all future sales of direct mail by the vendor to the ~~purchaser~~	67167
consumer until it is revoked in writing.	67168

(3) Upon receipt of information from the ~~purchaser~~consumer	67169
showing the jurisdictions to which the direct mail is delivered to	67170
recipients, the vendor shall collect the tax according to the	67171
delivery information provided by the ~~purchaser~~consumer. In the	67172
absence of bad faith, the vendor is relieved of any further	67173
obligation to collect tax on any transaction where the vendor has	67174
collected tax pursuant to the delivery information provided by the	67175
~~purchaser~~consumer.	67176

(4) If the ~~purchaser~~consumer of direct mail does not have a	67177
direct payment permit and does not provide the vendor with either	67178
aan exemption certificate claiming direct mail ~~form~~ or delivery	67179
information as required by division (D)(1) of this section, the	67180
vendor shall collect the tax according to division (A)(5) of this	67181
section. Nothing in division (D)(4) of this section shall limit a	67182
~~purchaser's~~consumer's obligation to pay sales or use tax to any	67183
state to which the direct mail is delivered.	67184

(5) If a ~~purchaser~~consumer of direct mail provides the	67185
vendor with documentation of direct payment authority, the	67186
~~purchaser~~consumer shall not be required to provide aan exemption	67187
certificate claiming direct mail ~~form~~ or delivery information to	67188
the vendor.	67189

(E) If the vendor provides lodging to transient guests as	67190
specified in division (B)(2) of section 5739.01 of the Revised	67191
Code, the sale shall be sourced to the location where the lodging	67192
is located.	67193

(F)(1) As used in this division and division (G) of this	67194
section, "transportation equipment" means any of the following:	67195

(a) Locomotives and railcars that are utilized for the	67196
carriage of persons or property in interstate commerce.	67197

(b) Trucks and truck-tractors with a gross vehicle weight	67198
rating of greater than ten thousand pounds, trailers,	67199
semi-trailers, or passenger buses that are registered through the	67200
international registration plan and are operated under authority	67201
of a carrier authorized and certificated by the United States	67202
department of transportation or another federal authority to	67203
engage in the carriage of persons or property in interstate	67204
commerce.	67205

(c) Aircraft that are operated by air carriers authorized and	67206
certificated by the United States department of transportation or	67207
another federal authority to engage in the carriage of persons or	67208
property in interstate or foreign commerce.	67209

(d) Containers designed for use on and component parts	67210
attached to or secured on the items set forth in division	67211
(F)(1)(a), (b), or (c) of this section.	67212

(2) A sale, lease, or rental of transportation equipment	67213
shall be sourced pursuant to division (A) of this section.	67214

(G)(1) A lease or rental of tangible personal property that	67215
does not require recurring periodic payments shall be sourced	67216
pursuant to division (A) of this section.	67217

(2) A lease or rental of tangible personal property that	67218
requires recurring periodic payments shall be sourced as follows:	67219

(a) In the case of a motor vehicle, other than a motor	67220
vehicle that is transportation equipment, or an aircraft, other	67221
than an aircraft that is transportation equipment, such lease or	67222
rental shall be sourced ~~to the primary property location~~ as	67223
follows:	67224

(i) ~~For~~An accelerated tax payment on a lease or rental taxed	67225
pursuant to division (A)(2) of section 5739.02 of the Revised	67226
Code,shall be sourced to the primary property location ~~is the~~	67227
~~address of the lessee or renter used for titling the motor vehicle~~	67228
~~pursuant to section 4505.06 of the Revised Code~~ at the time the	67229
lease or rental is consummated. Any subsequent taxable charges on	67230
the lease or rental shall be sourced to the primary property	67231
location for the period in which the charges are incurred.	67232

(ii) For a lease or rental taxed pursuant to division (A)(3)	67233
of section 5739.02 of the Revised Code, ~~the primary property~~	67234
~~location for~~ each lease or rental installment isshall be sourced	67235
to the primary property location for the period covered by the	67236
installment.	67237

~~(b) In the case of an aircraft, other than an aircraft that~~	67238
~~is transportation equipment, such lease or rental shall be sourced~~	67239
~~to the primary property location as follows:~~	67240

~~(i) For a lease or rental taxed pursuant to division (A)(2)~~	67241
~~of section 5739.02 of the Revised Code, the primary property~~	67242
~~location is the primary property location at the time the lease or~~	67243
~~rental is consummated.~~	67244

~~(ii) For a lease or rental taxed pursuant to division (A)(3)~~	67245
~~of section 5739.02 of the Revised Code, the primary property~~	67246
~~location for each lease or rental installment is the primary~~	67247
~~property location for the period covered by the installment.~~	67248

~~(c) In the case of a watercraft or an outboard motor required~~	67249
~~to be titled in this state pursuant to Chapter 1548. of the~~	67250
~~Revised Code, such lease or rental shall be sourced to the primary~~	67251
~~property location as follows:~~	67252

~~(i) For a lease or rental taxed pursuant to division (A)(2)~~	67253
~~of section 5739.02 of the Revised Code, the primary property~~	67254
~~location is the address of the lessee or renter shown on the~~	67255
~~title.~~	67256

~~(ii) For a lease or rental taxed pursuant to division (A)(3)~~	67257
~~of section 5739.02 of the Revised Code, the primary property~~	67258
~~location for the initial lease or rental installment is the~~	67259
~~address of the lessee or renter shown on the title. For each~~	67260
~~subsequent installment, the primary property location is the~~	67261
~~primary property location for the period covered by the~~	67262
~~installment.~~	67263

~~(d)~~(b) In the case of a lease or rental of all other tangible	67264
personal property, other than transportation equipment, such lease	67265
or rental shall be sourced as follows:	67266

(i) ~~For~~An accelerated tax payment on a lease or rental that	67267
is taxed pursuant to division (A)(2) of section 5739.02 of the	67268
Revised Code~~, the lease or rental~~ shall be sourced pursuant to	67269
division (A) of this section at the time the lease or rental is	67270
consummated. Any subsequent taxable charges on the lease or rental	67271
shall be sourced to the primary property location for the period	67272
in which the charges are incurred.	67273

(ii) For a lease or rental that is taxed pursuant to division	67274
(A)(3) of section 5739.02 of the Revised Code, the initial lease	67275
or rental installment shall be sourced pursuant to division (A) of	67276
this section. Each subsequent installment shall be sourced to the	67277
primary property location for the period covered by the	67278
installment.	67279

(3) As used in division (G) of this section, "primary	67280
property location" means an address for tangible personal property	67281
provided by the lessee or renter that is available to the lessor	67282
or owner from its records maintained in the ordinary course of	67283
business, when use of that address does not constitute bad faith.	67284

Sec. 5739.034. (A) As used in this section:

67285

(1) "Air-to-ground radiotelephone service" means a radio	67286
service, as defined in 47 C.F.R. 22.99, in which common carriers	67287
are authorized to offer and provide radio telecommunications	67288
service for hire to subscribers in aircraft.	67289

(2) "Call-by-call basis" means any method of charging for	67290
telecommunications services where the price is measured by	67291
individual calls.	67292

(3) "Customer" means the person or entity that contracts with	67293
a seller of telecommunications service. If the end user of	67294
telecommunications service is not the contracting party, the end	67295
user of the telecommunications service is the customer of the	67296
telecommunications service. "Customer" does not include a reseller	67297
of telecommunications service or of mobile telecommunications	67298
service of a serving carrier under an agreement to serve the	67299
customer outside the home service provider's licensed service	67300
area.	67301

(4) "End user" means the person who utilizes the	67302
telecommunications service. In the case of a person other than an	67303
individual, "end user" means the individual who utilizes the	67304
service on behalf of the person.	67305

(5) "Home service provider" has the same meaning as in the	67306
"Mobile Telecommunications Sourcing Act," Pub. L. No. 106-252, 114	67307
Stat. 631 (2000), 4 U.S.C. 124(5), as amended.	67308

(6) "Place of primary use" means the street address	67309
representative of where the customer's use of the	67310
telecommunications service primarily occurs, which must be the	67311
residential street address or the primary business street address	67312
of the customer. In the case of mobile telecommunications	67313
services, "place of primary use" must be within the licensed	67314
service area of the home service provider.	67315

(7) "Post-paid calling service" means the telecommunications	67316
service obtained by making a payment on a call-by-call basis	67317
either through the use of a credit card or payment mechanism such	67318
as a bank card, travel card, credit card, or debit card, or by	67319
charge made to a telephone number that is not associated with the	67320
origination or termination of the telecommunications service.	67321
"Post-paid calling service" includes a telecommunications service,	67322
except a prepaid wireless calling service, that would be a prepaid	67323
calling service, but for the fact that it is not exclusively a	67324
telecommunications service.	67325

(8) "Prepaid calling service" ~~means the right to access~~	67326
~~exclusively a telecommunications service that must be paid for in~~	67327
~~advance, that enables the origination of calls using an access~~	67328
~~number or authorization code, whether manually or electronically~~	67329
~~dialed, and that is sold in predetermined units or dollars of~~	67330
~~which the number declines with use in a known amount~~and "prepaid	67331
wireless calling service" have the same meanings as in section	67332
5739.01 of the Revised Code.	67333

(9) "Service address" means:

67334

(a) The location of the telecommunications equipment to which	67335
a customer's call is charged and from which the call originates or	67336
terminates, regardless of where the call is billed or paid.	67337

(b) If the location in division (A)(9)(a) of this section is	67338
not known, "service address" means the origination point of the	67339
signal of the telecommunications service first identified by	67340
either the seller's telecommunications system or in information	67341
received by the seller from its service provider, where the system	67342
used to transport such signals is not that of the seller.	67343

(c) If the locations in divisions (A)(9)(a) and (b) of this	67344
section are not known, "service address" means the location of the	67345
customer's place of primary use.	67346

(10) "Private communication service" means a	67347
telecommunications service that entitles a customer to exclusive	67348
or priority use of a communications channel or group of channels	67349
between or among termination points, regardless of the manner in	67350
which the channel or channels are connected, and includes	67351
switching capacity, extension lines, stations, and any other	67352
associated services that are provided in connection with the use	67353
of such channel or channels.	67354

(B) The amount of tax due pursuant to sections 5739.02,	67355
5739.021, 5739.023, and 5739.026 of the Revised Code on sales of	67356
telecommunications service, information service, or mobile	67357
telecommunications service, is the sum of the taxes imposed	67358
pursuant to those sections at the sourcing location of the sale as	67359
determined under this section.	67360

(C) Except for the telecommunications services described in	67361
division (E) of this section, the sale of telecommunications	67362
service sold on a call-by-call basis shall be sourced to each	67363
level of taxing jurisdiction where the call originates and	67364
terminates in that jurisdiction, or each level of taxing	67365
jurisdiction where the call either originates or terminates and in	67366
which the service address also is located.	67367

(D) Except for the telecommunications services described in	67368
division (E) of this section, a sale of telecommunications	67369
services sold on a basis other than a call-by-call basis shall be	67370
sourced to the customer's place of primary use.	67371

(E) The sale of the following telecommunications services	67372
shall be sourced to each level of taxing jurisdiction, as follows:	67373

(1) A sale of mobile telecommunications service, other than	67374
air-to-ground radiotelephone service and prepaid calling service,	67375
shall be sourced to the customer's place of primary use as	67376
required by the Mobile Telecommunications Sourcing Act.	67377

(2) A sale of post-paid calling service shall be sourced to	67378
the origination point of the telecommunications signal as first	67379
identified by the service provider's telecommunications system, or	67380
information received by the seller from its service provider,	67381
where the system used to transport such signals is not that of the	67382
seller.	67383

(3) A sale of ~~mobile telecommunications service that is a~~	67384
prepaid ~~telecommunications~~calling service or prepaid wireless	67385
calling service shall be sourced under division (A) of section	67386
5739.033 of the Revised Code~~, but~~. But in the case of prepaid	67387
wireless calling service, in lieu of sourcing the sale of the	67388
service under division (A)(5) of ~~that~~ section 5739.033 of the	67389
Revised Code, ~~it may be sourced~~the service provider may elect to	67390
source the sale to the location associated with the mobile	67391
telephone number.	67392

(4) A sale of a private communication service shall be	67393
sourced as follows:	67394

(a) Service for a separate charge related to a customer	67395
channel termination point shall be sourced to each level of	67396
jurisdiction in which the customer channel termination point is	67397
located;	67398

(b) Service where all customer channel termination points are	67399
located entirely within one jurisdiction or level of jurisdiction	67400
shall be sourced in the jurisdiction in which the customer channel	67401
termination points are located;	67402

(c) Service for segments of a channel between two customer	67403
channel termination points located in different jurisdictions and	67404
which segments of a channel are separately charged shall be	67405
sourced fifty per cent in each level of jurisdiction in which the	67406
customer channel termination points are located;	67407

(d) Service for segments of a channel located in more than	67408
one jurisdiction or level of jurisdiction and which segments are	67409
not separately billed shall be sourced in each jurisdiction based	67410
on the percentage determined by dividing the number of customer	67411
channel termination points in the jurisdiction by the total number	67412
of customer channel termination points.	67413

Sec. 5739.035. This section only applies to sales that are	67414
required to be sitused under this section pursuant to section	67415
5739.033 of the Revised Code.	67416

(A) Except as otherwise provided in this section, the situs	67417
of all sales is the vendor's place of business.	67418

(1) If the consumer or the consumer's agent takes possession	67419
of the tangible personal property at a place of business of the	67420
vendor where the purchase contract or agreement was made, the	67421
situs of the sale is that place of business.	67422

(2) If the consumer or the consumer's agent takes possession	67423
of the tangible personal property other than at a place of	67424
business of the vendor, or takes possession at a warehouse or	67425
similar facility of the vendor, the situs of the sale is the	67426
vendor's place of business where the purchase contract or	67427
agreement was made or the purchase order was received.	67428

(3) If the vendor provides a service specified in division	67429
(B)(3)(a), (b), (c), (d), (n), (o), (q), (r), or (s)~~, or (t)~~ of	67430
section 5739.01 or makes a sale specified in division (B)(8) of	67431
section 5739.01 of the Revised Code, the situs of the sale is the	67432
vendor's place of business where the service is performed or the	67433
contract or agreement for the service was made or the purchase	67434
order was received.	67435

(B) If the vendor is a transient vendor as specified in	67436
division (B) of section 5739.17 of the Revised Code, the situs of	67437
the sale is the vendor's temporary place of business or, if the	67438
transient vendor is the lessor of titled motor vehicles, titled	67439
watercraft, or titled outboard motors, at the location where the	67440
lessee keeps the leased property.	67441

(C) If the vendor makes sales of tangible personal property	67442
from a stock of goods carried in a motor vehicle, from which the	67443
purchaser makes selection and takes possession, or from which the	67444
vendor sells tangible personal property the quantity of which has	67445
not been determined prior to the time the purchaser takes	67446
possession, the situs of the sale is the location of the motor	67447
vehicle when the sale is made.	67448

(D) If the vendor is a delivery vendor as specified in	67449
division (D) of section 5739.17 of the Revised Code, the situs of	67450
the sale is the place where the tangible personal property is	67451
delivered, where the leased property is used, or where the service	67452
is performed or received.	67453

(E) If the vendor provides a service specified in division	67454
(B)(3)(e), (g), (h), (j), (k), (l), (m), ~~(q)~~(p), or ~~(u)~~(t) of	67455
section 5739.01 of the Revised Code, the situs of the sale is the	67456
location of the consumer where the service is performed or	67457
received.	67458

(F) If the vendor provides lodging to transient guests as	67459
specified in division (B)(2) of section 5739.01 of the Revised	67460
Code, the situs of the sale is the location where the lodging is	67461
located.	67462

(G) If the vendor sells a warranty, maintenance or service	67463
contract, or similar agreement as specified in division (B)(7) of	67464
section 5739.01 of the Revised Code and the vendor is a delivery	67465
vendor, the situs of the sale is the location of the consumer. If	67466
the vendor is not a delivery vendor, the situs of the sale is the	67467
vendor's place of business where the contract or agreement was	67468
made, unless the warranty or contract is a component of the sale	67469
of a titled motor vehicle, titled watercraft, or titled outboard	67470
motor, in which case the situs of the sale is the county of	67471
titling.	67472

(H) Except as otherwise provided in this division, if the	67473
vendor sells a prepaid authorization number or a prepaid telephone	67474
calling card, the situs of the sale is the vendor's place of	67475
business and shall be taxed at the time of sale. If the vendor	67476
sells a prepaid authorization number or prepaid telephone calling	67477
card through a telephone call, electronic commerce, or any other	67478
form of remote commerce, the situs of the sale is the consumer's	67479
shipping address, or, if there is no item shipped, at the	67480
consumer's billing address.	67481

Sec. 5739.09. (A)(1) A board of county commissioners may, by	67482
resolution adopted by a majority of the members of the board, levy	67483
an excise tax not to exceed three per cent on transactions by	67484
which lodging by a hotel is or is to be furnished to transient	67485
guests. The board shall establish all regulations necessary to	67486
provide for the administration and allocation of the tax. The	67487
regulations may prescribe the time for payment of the tax, and may	67488
provide for the imposition of a penalty or interest, or both, for	67489
late payments, provided that the penalty does not exceed ten per	67490
cent of the amount of tax due, and the rate at which interest	67491
accrues does not exceed the rate per annum prescribed pursuant to	67492
section 5703.47 of the Revised Code. Except as provided in	67493
divisions (A)(2), (3), (4), and (5) of this section, the	67494
regulations shall provide, after deducting the real and actual	67495
costs of administering the tax, for the return to each municipal	67496
corporation or township that does not levy an excise tax on the	67497
transactions, a uniform percentage of the tax collected in the	67498
municipal corporation or in the unincorporated portion of the	67499
township from each transaction, not to exceed thirty-three and	67500
one-third per cent. The remainder of the revenue arising from the	67501
tax shall be deposited in a separate fund and shall be spent	67502
solely to make contributions to the convention and visitors'	67503
bureau or community improvement corporation operating within the	67504
county, including a pledge and contribution of any portion of the	67505
remainder pursuant to an agreement authorized by section 307.695	67506
of the Revised Code. Except as provided in division (A)(2), (3),	67507
(4), or (5) or (H) of this section, on and after May 10, 1994, a	67508
board of county commissioners may not levy an excise tax pursuant	67509
to this division in any municipal corporation or township located	67510
wholly or partly within the county that has in effect an ordinance	67511
or resolution levying an excise tax pursuant to division (B) of	67512
this section. The board of a county that has levied a tax under	67513
division (C) of this section may, by resolution adopted within	67514
ninety days after July 15, 1985, by a majority of the members of	67515
the board, amend the resolution levying a tax under this division	67516
to provide for a portion of that tax to be pledged and contributed	67517
in accordance with an agreement entered into under section 307.695	67518
of the Revised Code. A tax, any revenue from which is pledged	67519
pursuant to such an agreement, shall remain in effect at the rate	67520
at which it is imposed for the duration of the period for which	67521
the revenue from the tax has been so pledged.	67522

(2) A board of county commissioners that levies an excise tax	67523
under division (A)(1) of this section on June 30, 1997, at a rate	67524
of three per cent, and that has pledged revenue from the tax to an	67525
agreement entered into under section 307.695 of the Revised Code,	67526
may amend the resolution levying that tax to provide for an	67527
increase in the rate of the tax up to five per cent on each	67528
transaction; to provide that revenue from the increase in the rate	67529
shall be spent solely to make contributions to the convention and	67530
visitors' bureau operating within the county to be used	67531
specifically for promotion, advertising, and marketing of the	67532
region in which the county is located; to provide that the rate in	67533
excess of the three per cent levied under division (A)(1) of this	67534
section shall remain in effect at the rate at which it is imposed	67535
for the duration of the period during which any agreement is in	67536
effect that was entered into under section 307.695 of the Revised	67537
Code by the board of county commissioners levying a tax under	67538
division (A)(1) of this section; and to provide that no portion of	67539
that revenue need be returned to townships or municipal	67540
corporations as would otherwise be required under division (A)(1)	67541
of this section.	67542

(3) A board of county commissioners that levies a tax under	67543
division (A)(1) of this section on March 18, 1999, at a rate of	67544
three per cent may, by resolution adopted not later than	67545
forty-five days after March 18, 1999, amend the resolution levying	67546
the tax to provide for all of the following:	67547

(a) That the rate of the tax shall be increased by not more	67548
than an additional four per cent on each transaction;	67549

(b) That all of the revenue from the increase in the rate	67550
shall be pledged and contributed to a convention facilities	67551
authority established by the board of county commissioners under	67552
Chapter 351. of the Revised Code on or before November 15, 1998,	67553
and used to pay costs of constructing, maintaining, operating, and	67554
promoting a facility in the county, including paying bonds, or	67555
notes issued in anticipation of bonds, as provided by that	67556
chapter;	67557

(c) That no portion of the revenue arising from the increase	67558
in rate need be returned to municipal corporations or townships as	67559
otherwise required under division (A)(1) of this section;	67560

(d) That the increase in rate shall not be subject to	67561
diminution by initiative or referendum or by law while any bonds,	67562
or notes in anticipation of bonds, issued by the authority under	67563
Chapter 351. of the Revised Code to which the revenue is pledged,	67564
remain outstanding in accordance with their terms, unless	67565
provision is made by law or by the board of county commissioners	67566
for an adequate substitute therefor that is satisfactory to the	67567
trustee if a trust agreement secures the bonds.	67568

Division (A)(3) of this section does not apply to the board	67569
of county commissioners of any county in which a convention center	67570
or facility exists or is being constructed on November 15, 1998,	67571
or of any county in which a convention facilities authority levies	67572
a tax pursuant to section 351.021 of the Revised Code on that	67573
date.	67574

As used in division (A)(3) of this section, "cost" and	67575
"facility" have the same meanings as in section 351.01 of the	67576
Revised Code, and "convention center" has the same meaning as in	67577
section 307.695 of the Revised Code.	67578

(4) A board of county commissioners that levies a tax under	67579
division (A)(1) of this section on June 30, 2002, at a rate of	67580
three per cent may, by resolution adopted not later than September	67581
30, 2002, amend the resolution levying the tax to provide for all	67582
of the following:	67583

(a) That the rate of the tax shall be increased by not more	67584
than an additional three and one-half per cent on each	67585
transaction;	67586

(b) That all of the revenue from the increase in rate shall	67587
be pledged and contributed to a convention facilities authority	67588
established by the board of county commissioners under Chapter	67589
351. of the Revised Code on or before May 15, 2002, and be used to	67590
pay costs of constructing, expanding, maintaining, operating, or	67591
promoting a convention center in the county, including paying	67592
bonds, or notes issued in anticipation of bonds, as provided by	67593
that chapter;	67594

(c) That no portion of the revenue arising from the increase	67595
in rate need be returned to municipal corporations or townships as	67596
otherwise required under division (A)(1) of this section;	67597

(d) That the increase in rate shall not be subject to	67598
diminution by initiative or referendum or by law while any bonds,	67599
or notes in anticipation of bonds, issued by the authority under	67600
Chapter 351. of the Revised Code to which the revenue is pledged,	67601
remain outstanding in accordance with their terms, unless	67602
provision is made by law or by the board of county commissioners	67603
for an adequate substitute therefor that is satisfactory to the	67604
trustee if a trust agreement secures the bonds.	67605

As used in division (A)(4) of this section, "cost" has the	67606
same meaning as in section 351.01 of the Revised Code, and	67607
"convention center" has the same meaning as in section 307.695 of	67608
the Revised Code.	67609

(5)(a) As used in division (A)(5) of this section:

67610

(i) "Port authority" means a port authority created under	67611
Chapter 4582. of the Revised Code.	67612

(ii) "Port authority military-use facility" means port	67613
authority facilities on which or adjacent to which is located an	67614
installation of the armed forces of the United States, a reserve	67615
component thereof, or the national guard and at least part of	67616
which is made available for use, for consideration, by the armed	67617
forces of the United States, a reserve component thereof, or the	67618
national guard.	67619

(b) For the purpose of contributing revenue to pay operating	67620
expenses of a port authority that operates a port authority	67621
military-use facility, the board of county commissioners of a	67622
county that created, participated in the creation of, or has	67623
joined such a port authority may do one or both of the following:	67624

(i) Amend a resolution previously adopted under division	67625
(A)(1) of this section to designate some or all of the revenue	67626
from the tax levied under the resolution to be used for that	67627
purpose, notwithstanding that division;	67628

(ii) Amend a resolution previously adopted under division	67629
(A)(1) of this section to increase the rate of the tax by not more	67630
than an additional two per cent and use the revenue from the	67631
increase exclusively for that purpose.	67632

(c) If a board of county commissioners amends a resolution to	67633
increase the rate of a tax as authorized in division (A)(5)(b)(ii)	67634
of this section, the board also may amend the resolution to	67635
specify that the increase in rate of the tax does not apply to	67636
"hotels," as otherwise defined in section 5739.01 of the Revised	67637
Code, having fewer rooms used for the accommodation of guests than	67638
a number of rooms specified by the board.	67639

(B)(1) The legislative authority of a municipal corporation	67640
or the board of trustees of a township that is not wholly or	67641
partly located in a county that has in effect a resolution levying	67642
an excise tax pursuant to division (A)(1) of this section may, by	67643
ordinance or resolution, levy an excise tax not to exceed three	67644
per cent on transactions by which lodging by a hotel is or is to	67645
be furnished to transient guests. The legislative authority of the	67646
municipal corporation or the board of trustees of the township	67647
shall deposit at least fifty per cent of the revenue from the tax	67648
levied pursuant to this division into a separate fund, which shall	67649
be spent solely to make contributions to convention and visitors'	67650
bureaus operating within the county in which the municipal	67651
corporation or township is wholly or partly located, and the	67652
balance of that revenue shall be deposited in the general fund.	67653
The municipal corporation or township shall establish all	67654
regulations necessary to provide for the administration and	67655
allocation of the tax. The regulations may prescribe the time for	67656
payment of the tax, and may provide for the imposition of a	67657
penalty or interest, or both, for late payments, provided that the	67658
penalty does not exceed ten per cent of the amount of tax due, and	67659
the rate at which interest accrues does not exceed the rate per	67660
annum prescribed pursuant to section 5703.47 of the Revised Code.	67661
The levy of a tax under this division is in addition to any tax	67662
imposed on the same transaction by a municipal corporation or a	67663
township as authorized by division (A) of section 5739.08 of the	67664
Revised Code.	67665

(2) The legislative authority of the most populous municipal	67666
corporation located wholly or partly in a county in which the	67667
board of county commissioners has levied a tax under division	67668
(A)(4) of this section may amend, on or before September 30, 2002,	67669
that municipal corporation's ordinance or resolution that levies	67670
an excise tax on transactions by which lodging by a hotel is or is	67671
to be furnished to transient guests, to provide for all of the	67672
following:	67673

(a) That the rate of the tax shall be increased by not more	67674
than an additional one per cent on each transaction;	67675

(b) That all of the revenue from the increase in rate shall	67676
be pledged and contributed to a convention facilities authority	67677
established by the board of county commissioners under Chapter	67678
351. of the Revised Code on or before May 15, 2002, and be used to	67679
pay costs of constructing, expanding, maintaining, operating, or	67680
promoting a convention center in the county, including paying	67681
bonds, or notes issued in anticipation of bonds, as provided by	67682
that chapter;	67683

(c) That the increase in rate shall not be subject to	67684
diminution by initiative or referendum or by law while any bonds,	67685
or notes in anticipation of bonds, issued by the authority under	67686
Chapter 351. of the Revised Code to which the revenue is pledged,	67687
remain outstanding in accordance with their terms, unless	67688
provision is made by law, by the board of county commissioners, or	67689
by the legislative authority, for an adequate substitute therefor	67690
that is satisfactory to the trustee if a trust agreement secures	67691
the bonds.	67692

As used in division (B)(2) of this section, "cost" has the	67693
same meaning as in section 351.01 of the Revised Code, and	67694
"convention center" has the same meaning as in section 307.695 of	67695
the Revised Code.	67696

(C) For the purpose of making the payments authorized by	67697
section 307.695 of the Revised Code to construct and equip a	67698
convention center in the county and to cover the costs of	67699
administering the tax, a board of county commissioners of a county	67700
where a tax imposed under division (A)(1) of this section is in	67701
effect may, by resolution adopted within ~~ninety~~one hundred eighty	67702
days after July ~~15, 1985~~1, 2005, by a majority of the members of	67703
the board, levy an additional excise tax not to exceed three per	67704
cent on transactions by which lodging by a hotel is or is to be	67705
furnished to transient guests. The tax authorized by this division	67706
shall be in addition to any tax that is levied pursuant to	67707
division (A) of this section, but it shall not apply to	67708
transactions subject to a tax levied by a municipal corporation or	67709
township pursuant to the authorization granted by division (A) of	67710
section 5739.08 of the Revised Code. The board shall establish all	67711
regulations necessary to provide for the administration and	67712
allocation of the tax. The regulations may prescribe the time for	67713
payment of the tax, and may provide for the imposition of a	67714
penalty or interest, or both, for late payments, provided that the	67715
penalty does not exceed ten per cent of the amount of tax due, and	67716
the rate at which interest accrues does not exceed the rate per	67717
annum prescribed pursuant to section 5703.47 of the Revised Code.	67718
All revenues arising from the tax shall be expended in accordance	67719
with section 307.695 of the Revised Code. A tax imposed under this	67720
division shall remain in effect at the rate at which it is imposed	67721
for the duration of the period for which the revenue from the tax	67722
has been pledged pursuant to that section.	67723

(D) For the purpose of providing contributions under division	67724
(B)(1) of section 307.671 of the Revised Code to enable the	67725
acquisition, construction, and equipping of a port authority	67726
educational and cultural facility in the county and, to the extent	67727
provided for in the cooperative agreement authorized by that	67728
section, for the purpose of paying debt service charges on bonds,	67729
or notes in anticipation of bonds, described in division (B)(1)(b)	67730
of that section, a board of county commissioners, by resolution	67731
adopted within ninety days after December 22, 1992, by a majority	67732
of the members of the board, may levy an additional excise tax not	67733
to exceed one and one-half per cent on transactions by which	67734
lodging by a hotel is or is to be furnished to transient guests.	67735
The excise tax authorized by this division shall be in addition to	67736
any tax that is levied pursuant to divisions (A), (B), and (C) of	67737
this section, to any excise tax levied pursuant to section 5739.08	67738
of the Revised Code, and to any excise tax levied pursuant to	67739
section 351.021 of the Revised Code. The board of county	67740
commissioners shall establish all regulations necessary to provide	67741
for the administration and allocation of the tax that are not	67742
inconsistent with this section or section 307.671 of the Revised	67743
Code. The regulations may prescribe the time for payment of the	67744
tax, and may provide for the imposition of a penalty or interest,	67745
or both, for late payments, provided that the penalty does not	67746
exceed ten per cent of the amount of tax due, and the rate at	67747
which interest accrues does not exceed the rate per annum	67748
prescribed pursuant to section 5703.47 of the Revised Code. All	67749
revenues arising from the tax shall be expended in accordance with	67750
section 307.671 of the Revised Code and division (D) of this	67751
section. The levy of a tax imposed under this division may not	67752
commence prior to the first day of the month next following the	67753
execution of the cooperative agreement authorized by section	67754
307.671 of the Revised Code by all parties to that agreement. The	67755
tax shall remain in effect at the rate at which it is imposed for	67756
the period of time described in division (C) of section 307.671 of	67757
the Revised Code for which the revenue from the tax has been	67758
pledged by the county to the corporation pursuant to that section,	67759
but, to any extent provided for in the cooperative agreement, for	67760
no lesser period than the period of time required for payment of	67761
the debt service charges on bonds, or notes in anticipation of	67762
bonds, described in division (B)(1)(b) of that section.	67763

(E) For the purpose of paying the costs of acquiring,	67764
constructing, equipping, and improving a municipal educational and	67765
cultural facility, including debt service charges on bonds	67766
provided for in division (B) of section 307.672 of the Revised	67767
Code, and for any additional purposes determined by the county in	67768
the resolution levying the tax or amendments to the resolution,	67769
including subsequent amendments providing for paying costs of	67770
acquiring, constructing, renovating, rehabilitating, equipping,	67771
and improving a port authority educational and cultural performing	67772
arts facility, as defined in section 307.674 of the Revised Code,	67773
and including debt service charges on bonds provided for in	67774
division (B) of section 307.674 of the Revised Code, the	67775
legislative authority of a county, by resolution adopted within	67776
ninety days after June 30, 1993, by a majority of the members of	67777
the legislative authority, may levy an additional excise tax not	67778
to exceed one and one-half per cent on transactions by which	67779
lodging by a hotel is or is to be furnished to transient guests.	67780
The excise tax authorized by this division shall be in addition to	67781
any tax that is levied pursuant to divisions (A), (B), (C), and	67782
(D) of this section, to any excise tax levied pursuant to section	67783
5739.08 of the Revised Code, and to any excise tax levied pursuant	67784
to section 351.021 of the Revised Code. The legislative authority	67785
of the county shall establish all regulations necessary to provide	67786
for the administration and allocation of the tax. The regulations	67787
may prescribe the time for payment of the tax, and may provide for	67788
the imposition of a penalty or interest, or both, for late	67789
payments, provided that the penalty does not exceed ten per cent	67790
of the amount of tax due, and the rate at which interest accrues	67791
does not exceed the rate per annum prescribed pursuant to section	67792
5703.47 of the Revised Code. All revenues arising from the tax	67793
shall be expended in accordance with section 307.672 of the	67794
Revised Code and this division. The levy of a tax imposed under	67795
this division shall not commence prior to the first day of the	67796
month next following the execution of the cooperative agreement	67797
authorized by section 307.672 of the Revised Code by all parties	67798
to that agreement. The tax shall remain in effect at the rate at	67799
which it is imposed for the period of time determined by the	67800
legislative authority of the county, but not to exceed fifteen	67801
years.	67802

(F) The legislative authority of a county that has levied a	67803
tax under division (E) of this section may, by resolution adopted	67804
within one hundred eighty days after January 4, 2001, by a	67805
majority of the members of the legislative authority, amend the	67806
resolution levying a tax under that division to provide for the	67807
use of the proceeds of that tax, to the extent that it is no	67808
longer needed for its original purpose as determined by the	67809
parties to a cooperative agreement amendment pursuant to division	67810
(D) of section 307.672 of the Revised Code, to pay costs of	67811
acquiring, constructing, renovating, rehabilitating, equipping,	67812
and improving a port authority educational and cultural performing	67813
arts facility, including debt service charges on bonds provided	67814
for in division (B) of section 307.674 of the Revised Code, and to	67815
pay all obligations under any guaranty agreements, reimbursement	67816
agreements, or other credit enhancement agreements described in	67817
division (C) of section 307.674 of the Revised Code. The	67818
resolution may also provide for the extension of the tax at the	67819
same rate for the longer of the period of time determined by the	67820
legislative authority of the county, but not to exceed an	67821
additional twenty-five years, or the period of time required to	67822
pay all debt service charges on bonds provided for in division (B)	67823
of section 307.672 of the Revised Code and on port authority	67824
revenue bonds provided for in division (B) of section 307.674 of	67825
the Revised Code. All revenues arising from the amendment and	67826
extension of the tax shall be expended in accordance with section	67827
307.674 of the Revised Code, this division, and division (E) of	67828
this section.	67829

(G) For purposes of a tax levied by a county, township, or	67830
municipal corporation under this section or section 5739.08 of the	67831
Revised Code, a board of county commissioners, board of township	67832
trustees, or the legislative authority of a municipal corporation	67833
may adopt a resolution or ordinance at any time specifying that	67834
"hotel," as otherwise defined in section 5739.01 of the Revised	67835
Code, includes establishments in which fewer than five rooms are	67836
used for the accommodation of guests. The resolution or ordinance	67837
may apply to a tax imposed pursuant to this section prior to the	67838
adoption of the resolution or ordinance if the resolution or	67839
ordinance so states, but the tax shall not apply to transactions	67840
by which lodging by such an establishment is provided to transient	67841
guests prior to the adoption of the resolution or ordinance.	67842

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

67843

(a) "Convention facilities authority" has the same meaning as	67844
in section 351.01 of the Revised Code.	67845

(b) "Convention center" has the same meaning as in section	67846
307.695 of the Revised Code.	67847

(2) Notwithstanding any contrary provision of division (D) of	67848
this section, the legislative authority of a county with a	67849
population of one million or more according to the most recent	67850
federal decennial census that has levied a tax under division (D)	67851
of this section may, by resolution adopted by a majority of the	67852
members of the legislative authority, provide for the extension of	67853
such levy and may provide that the proceeds of that tax, to the	67854
extent that they are no longer needed for their original purpose	67855
as defined by a cooperative agreement entered into under section	67856
307.671 of the Revised Code, shall be deposited into the county	67857
general revenue fund. The resolution shall provide for the	67858
extension of the tax at a rate not to exceed the rate specified in	67859
division (D) of this section for a period of time determined by	67860
the legislative authority of the county, but not to exceed an	67861
additional forty years.	67862

(3) The legislative authority of a county with a population	67863
of one million or more that has levied a tax under division (A)(1)	67864
of this section may, by resolution adopted by a majority of the	67865
members of the legislative authority, increase the rate of the tax	67866
levied by such county under division (A)(1) of this section to a	67867
rate not to exceed five per cent on transactions by which lodging	67868
by a hotel is or is to be furnished to transient guests.	67869
Notwithstanding any contrary provision of division (A)(1) of this	67870
section, the resolution may provide that all collections resulting	67871
from the rate levied in excess of three per cent, after deducting	67872
the real and actual costs of administering the tax, shall be	67873
deposited in the county general fund.	67874

(4) The legislative authority of a county with a population	67875
of one million or more that has levied a tax under division (A)(1)	67876
of this section may, by resolution adopted on or before August 30,	67877
2004, by a majority of the members of the legislative authority,	67878
provide that all or a portion of the proceeds of the tax levied	67879
under division (A)(1) of this section, after deducting the real	67880
and actual costs of administering the tax and the amounts required	67881
to be returned to townships and municipal corporations with	67882
respect to the first three per cent levied under division (A)(1)	67883
of this section, shall be deposited in the county general fund,	67884
provided that such proceeds shall be used to satisfy any pledges	67885
made in connection with an agreement entered into under section	67886
307.695 of the Revised Code.	67887

(5) No amount collected from a tax levied, extended, or	67888
required to be deposited in the county general fund under division	67889
(H) of this section shall be contributed to a convention	67890
facilities authority, corporation, or other entity created after	67891
July 1, 2003, for the principal purpose of constructing,	67892
improving, expanding, equipping, financing, or operating a	67893
convention center unless the mayor of the municipal corporation in	67894
which the convention center is to be operated by that convention	67895
facilities authority, corporation, or other entity has consented	67896
to the creation of that convention facilities authority,	67897
corporation, or entity. Notwithstanding any contrary provision of	67898
section 351.04 of the Revised Code, if a tax is levied by a county	67899
under division (H) of this section, the board of county	67900
commissioners of that county may determine the manner of	67901
selection, the qualifications, the number, and terms of office of	67902
the members of the board of directors of any convention facilities	67903
authority, corporation, or other entity described in division	67904
(H)(5) of this section.	67905

(6)(a) No amount collected from a tax levied, extended, or	67906
required to be deposited in the county general fund under division	67907
(H) of this section may be used for any purpose other than paying	67908
the direct and indirect costs of constructing, improving,	67909
expanding, equipping, financing, or operating a convention center	67910
and for the real and actual costs of administering the tax,	67911
unless, prior to the adoption of the resolution of the legislative	67912
authority of the county authorizing the levy, extension, increase,	67913
or deposit, the county and the mayor of the most populous	67914
municipal corporation in that county have entered into an	67915
agreement as to the use of such amounts, provided that such	67916
agreement has been approved by a majority of the mayors of the	67917
other municipal corporations in that county. The agreement shall	67918
provide that the amounts to be used for purposes other than paying	67919
the convention center or administrative costs described in	67920
division (H)(6)(a) of this section be used only for the direct and	67921
indirect costs of capital improvements, including the financing of	67922
capital improvements.	67923

(b) If the county in which the tax is levied has an	67924
association of mayors and city managers, the approval of that	67925
association of an agreement described in division (H)(6)(a) of	67926
this section shall be considered to be the approval of the	67927
majority of the mayors of the other municipal corporations for	67928
purposes of that division.	67929

(7) Each year, the auditor of state shall conduct an audit of	67930
the uses of any amounts collected from taxes levied, extended, or	67931
deposited under division (H) of this section and shall prepare a	67932
report of the auditor of state's findings. The auditor of state	67933
shall submit the report to the legislative authority of the county	67934
that has levied, extended, or deposited the tax, the speaker of	67935
the house of representatives, the president of the senate, and the	67936
leaders of the minority parties of the house of representatives	67937
and the senate.	67938

Sec. 5739.10. (A) In addition to the tax levied by section	67939
5739.02 of the Revised Code and any tax levied pursuant to section	67940
5739.021, 5739.023, or 5739.026 of the Revised Code, and to secure	67941
the same objectives specified in those sections, there is hereby	67942
levied upon the privilege of engaging in the business of making	67943
retail sales, an excise tax ~~of six per cent on and after July 1,~~	67944
~~2003, and on and before June 30, 2005, and an excise tax of five~~	67945
~~per cent on and after July 1, 2005~~equal to the tax levied by	67946
section 5739.02 of the Revised Code, or, in the case of retail	67947
sales subject to a tax levied pursuant to section 5739.021,	67948
5739.023, or 5739.026 of the Revised Code, a percentage equal to	67949
the aggregate rate of such taxes and the tax levied by section	67950
5739.02 of the Revised Code of the receipts derived from all	67951
retail sales, except those to which the excise tax imposed by	67952
section 5739.02 of the Revised Code is made inapplicable by	67953
division (B) of that section.	67954

(B) For the purpose of this section, no vendor shall be	67955
required to maintain records of sales of food for human	67956
consumption off the premises where sold, and no assessment shall	67957
be made against any vendor for sales of food for human consumption	67958
off the premises where sold, solely because the vendor has no	67959
records of, or has inadequate records of, such sales; provided	67960
that where a vendor does not have adequate records of receipts	67961
from the vendor's sales of food for human consumption on the	67962
premises where sold, the tax commissioner may refuse to accept the	67963
vendor's return and, upon the basis of test checks of the vendor's	67964
business for a representative period, and other information	67965
relating to the sales made by such vendor, determine the	67966
proportion that taxable retail sales bear to all of the vendor's	67967
retail sales. The tax imposed by this section shall be determined	67968
by deducting from the sum representing five and one-half or six	67969
per cent, as applicable under division (A) of this section, or, in	67970
the case of retail sales subject to a tax levied pursuant to	67971
section 5739.021, 5739.023, or 5739.026 of the Revised Code, a	67972
percentage equal to the aggregate rate of such taxes and the tax	67973
levied by section 5739.02 of the Revised Code of the receipts from	67974
such retail sales, the amount of tax paid to the state or to a	67975
clerk of a court of common pleas. The section does not affect any	67976
duty of the vendor under sections 5739.01 to 5739.19 and 5739.26	67977
to 5739.31 of the Revised Code, nor the liability of any consumer	67978
to pay any tax imposed by or pursuant to section 5739.02,	67979
5739.021, 5739.023, or 5739.026 of the Revised Code.	67980

Sec. 5739.16. (A) NoExcept as otherwise provided in this	67981
section, no assessment shall be made or issued against a vendor or	67982
consumer for any tax imposed by or pursuant to section 5739.02,	67983
5739.021, 5739.023, 5739.026, or 5739.10 of the Revised Code more	67984
than four years after the return date for the period in which the	67985
sale or purchase was made, or more than four years after the	67986
return for such period is filed, whichever is later. A consumer	67987
who provides a fully completed exemption certificate pursuant to	67988
division (B) of section 5739.03 of the Revised Code may be	67989
assessed any tax imposed by or pursuant to section 5739.02,	67990
5739.021, 5739.023, or 5739.026 of the Revised Code that results	67991
from denial of the claimed exemption within the later of a period	67992
otherwise allowed by this section or one year after the date the	67993
certificate was provided. This division does not bar an	67994
assessment:	67995

(1) When the tax commissioner has substantial evidence of	67996
amounts of taxes collected by a vendor from consumers on retail	67997
sales, which were not returned to the state;	67998

(2) When the vendor assessed failed to file a return as	67999
required by section 5739.12 of the Revised Code;	68000

(3) When the vendor or consumer and the commissioner waive in	68001
writing the time limitation.	68002

(B) No assessment shall be made or issued against a vendor or	68003
consumer for any tax imposed by or pursuant to section 5739.02,	68004
5739.021, 5739.023, 5739.026, or 5739.10 of the Revised Code for	68005
any period during which there was in full force and effect a rule	68006
of the tax commissioner under or by virtue of which the collection	68007
or payment of any such tax was not required. This division does	68008
not bar an assessment when the tax commissioner has substantial	68009
evidence of amounts of taxes collected by a vendor from consumers	68010
on retail sales which were not returned to the state.	68011

(C) No assessment shall be made or issued against a person	68012
for any tax imposed pursuant to section 5739.101 of the Revised	68013
Code more than four years after the return date for the period in	68014
which the tax is imposed on the person's gross receipts, or more	68015
than four years after the return for such period is filed,	68016
whichever is later. This division does not bar an assessment when	68017
the person assessed failed to file a return as required under	68018
section 5739.102 of the Revised Code, or when the person and the	68019
commissioner waive in writing the time limitation.	68020

Sec. 5739.17. (A) No person shall engage in making retail	68021
sales subject to a tax imposed by or pursuant to section 5739.02,	68022
5739.021, 5739.023, or 5739.026 of the Revised Code as a business	68023
without having a license therefor, except as otherwise provided in	68024
divisions (A)(1), (2), and (3) of this section.	68025

(1) In the dissolution of a partnership by death, the	68026
surviving partner may operate under the license of the partnership	68027
for a period of sixty days.	68028

(2) The heirs or legal representatives of deceased persons,	68029
and receivers and trustees in bankruptcy, appointed by any	68030
competent authority, may operate under the license of the person	68031
so succeeded in possession.	68032

(3) Two or more persons who are not partners may operate a	68033
single place of business under one license. In such case neither	68034
the retirement of any such person from business at that place of	68035
business, nor the entrance of any person, under an existing	68036
arrangement, shall affect the license or require the issuance of a	68037
new license, unless the person retiring from the business is the	68038
individual named on the vendor's license.	68039

Except as otherwise provided in this section, each applicant	68040
for a license shall make out and deliver to the county auditor of	68041
each county in which the applicant desires to engage in business,	68042
upon a blank to be furnished by such auditor for that purpose, a	68043
statement showing the name of the applicant, each place of	68044
business in the county where the applicant will make retail sales,	68045
the nature of the business, and any other information the tax	68046
commissioner reasonably prescribes in the form of a statement	68047
prescribed by the commissioner.	68048

At the time of making the application, the applicant shall	68049
pay into the county treasury a license fee in the sum of	68050
twenty-five dollars for each fixed place of business in the county	68051
that will be the situs of retail sales. Upon receipt of the	68052
application and exhibition of the county treasurer's receipt,	68053
showing the payment of the license fee, the county auditor shall	68054
issue to the applicant a license for each fixed place of business	68055
designated in the application, authorizing the applicant to engage	68056
in business at that location. If a vendor's identity changes, the	68057
vendor shall apply for a new license. If a vendor wishes to move	68058
an existing fixed place of business to a new location within the	68059
same county, the vendor shall obtain a new vendor's license or	68060
submit a request to the tax commissioner to transfer the existing	68061
vendor's license to the new location. When the new location has	68062
been verified as being within the same county, the commissioner	68063
shall authorize the transfer and notify the county auditor of the	68064
change of location. If a vendor wishes to move an existing fixed	68065
place of business to another county, the vendor's license shall	68066
not transfer and the vendor shall obtain a new vendor's license	68067
from the county in which the business is to be located. The form	68068
of the license shall be prescribed by the commissioner. The fees	68069
collected shall be credited to the general fund of the county.	68070

The tax commissioner may establish or participate in a	68071
registration system whereby any vendor may obtain a vendor's	68072
license by submitting to the commissioner a vendor's license	68073
application and a license fee of twenty-five dollars for each	68074
fixed place of business at which the vendor intends to make retail	68075
sales. Under this registration system, the commissioner shall	68076
issue a vendor's license to the applicant on behalf of the county	68077
auditor of the county in which the applicant desires to engage in	68078
business, and shall forward a copy of the application and license	68079
fee to that county. All such license fees received by the	68080
commissioner for the issuance of vendor's licenses shall be	68081
deposited into the vendor's license application fund, which is	68082
hereby created in the state treasury. The commissioner shall	68083
certify to the director of budget and management within ten	68084
business days after the close of a month the license fees to be	68085
transmitted to each county from the vendor's license application	68086
fund for vendor's license applications received by the	68087
commissioner during that month. License fees transmitted to a	68088
county for which payment was not received by the commissioner may	68089
be netted against a future distribution to that county, including	68090
distributions made pursuant to section 5739.21 of the Revised	68091
Code.	68092

A vendor that makes retail sales subject to tax under Chapter	68093
5739. of the Revised Code pursuant to a permit issued by the	68094
division of liquor control shall obtain a vendor's license in the	68095
identical name and for the identical address as shown on the	68096
permit.	68097

Except as otherwise provided in this section, if a vendor has	68098
no fixed place of business and sells from a vehicle, each vehicle	68099
intended to be used within a county constitutes a place of	68100
business for the purpose of this section.	68101

(B) As used in this division, "transient vendor" means any	68102
person who makes sales of tangible personal property from vending	68103
machines located on land owned by others, who leases titled motor	68104
vehicles, titled watercraft, or titled outboard motors, who	68105
effectuates leases that are taxed according to division (A)(2) of	68106
section 5739.02 of the Revised Code, or who, in the usual course	68107
of the person's business, transports inventory, stock of goods, or	68108
similar tangible personal property to a temporary place of	68109
business or temporary exhibition, show, fair, flea market, or	68110
similar event in a county in which the person has no fixed place	68111
of business, for the purpose of making retail sales of such	68112
property. A "temporary place of business" means any public or	68113
quasi-public place including, but not limited to, a hotel, rooming	68114
house, storeroom, building, part of a building, tent, vacant lot,	68115
railroad car, or motor vehicle that is temporarily occupied for	68116
the purpose of making retail sales of goods to the public. A place	68117
of business is not temporary if the same person conducted business	68118
at the place continuously for more than six months or occupied the	68119
premises as the person's permanent residence for more than six	68120
months, or if the person intends it to be a fixed place of	68121
business.	68122

Any transient vendor, in lieu of obtaining a vendor's license	68123
under division (A) of this section for counties in which the	68124
transient vendor has no fixed place of business, may apply to the	68125
tax commissioner, on a form prescribed by the commissioner, for a	68126
transient vendor's license. The transient vendor's license	68127
authorizes the transient vendor to make retail sales in any county	68128
in which the transient vendor does not maintain a fixed place of	68129
business. Any holder of a transient vendor's license shall not be	68130
required to obtain a separate vendor's license from the county	68131
auditor in that county. Upon the commissioner's determination that	68132
an applicant is a transient vendor, the applicant shall pay a	68133
license fee in the amount of twenty-five dollars, at which time	68134
the tax commissioner shall issue the license. The tax commissioner	68135
may require a vendor to be licensed as a transient vendor if, in	68136
the opinion of the commissioner, such licensing is necessary for	68137
the efficient administration of the tax.	68138

Any holder of a valid transient vendor's license may make	68139
retail sales at a temporary place of business or temporary	68140
exhibition, show, fair, flea market, or similar event, held	68141
anywhere in the state without complying with any provision of	68142
section 311.37 of the Revised Code. Any holder of a valid vendor's	68143
license may make retail sales as a transient vendor at a temporary	68144
place of business or temporary exhibition, show, fair, flea	68145
market, or similar event held in any county in which the vendor	68146
maintains a fixed place of business for which the vendor holds a	68147
vendor's license without obtaining a transient vendor's license.	68148

(C) As used in this division, "service vendor" means any	68149
person who, in the usual course of the person's business, sells	68150
services described in division (B)(3)(e), (f), (g), (h), (i), (j),	68151
(k), (l), (m), ~~(q)~~(p), or ~~(u)~~(t) of section 5739.01 of the Revised	68152
Code.	68153

Every service vendor shall make application to the tax	68154
commissioner for a service vendor's license. Each applicant shall	68155
pay a license fee in the amount of twenty-five dollars. Upon the	68156
commissioner's determination that an applicant is a service vendor	68157
and payment of the fee, the commissioner shall issue the applicant	68158
a service vendor's license.	68159

Only sales described in division (B)(3)(e), (f), (g), (h),	68160
(i), (j), (k), (l), (m), ~~(q)~~(p), or ~~(u)~~(t) of section 5739.01 of	68161
the Revised Code may be made under authority of a service vendor's	68162
license, and that license authorizes sales to be made at any place	68163
in this state. Any service vendor who makes sales of other	68164
services or tangible personal property subject to the sales tax	68165
also shall be licensed under division (A), (B), or (D) of this	68166
section.	68167

(D) As used in this division, "delivery vendor" means any	68168
vendor who engages in one or more of the activities described in	68169
divisions (D)(1) to (4) of this section, and who maintains no	68170
store, showroom, or similar fixed place of business or other	68171
location where merchandise regularly is offered for sale or	68172
displayed or shown in catalogs for selection or pick-up by	68173
consumers, or where consumers bring goods for repair or other	68174
service.	68175

(1) The vendor makes retail sales of tangible personal	68176
property;	68177

(2) The vendor rents or leases, at retail, tangible personal	68178
property, except titled motor vehicles, titled watercraft, or	68179
titled outboard motors;	68180

(3) The vendor provides a service, at retail, described in	68181
division (B)(3)(a), (b), (c), or (d) of section 5739.01 of the	68182
Revised Code; or	68183

(4) The vendor makes retail sales of warranty, maintenance or	68184
service contracts, or similar agreements as described in division	68185
(B)(7) of section 5739.01 of the Revised Code.	68186

A transient vendor or a seller registered pursuant to section	68187
5741.17 of the Revised Code is not a delivery vendor.	68188

Delivery vendors shall apply to the tax commissioner, on a	68189
form prescribed by the commissioner, for a delivery vendor's	68190
license. Each applicant shall pay a license fee of twenty-five	68191
dollars for each delivery vendor's license, to be credited to the	68192
general revenue fund. Upon the commissioner's determination that	68193
the applicant is a delivery vendor, the commissioner shall issue	68194
the license. A delivery vendor's license authorizes retail sales	68195
to be made throughout the state. All sales of the vendor must be	68196
reported under the delivery license. The commissioner may require	68197
a vendor to be licensed as a delivery vendor if, in the opinion of	68198
the commissioner, such licensing is necessary for the efficient	68199
administration of the tax. The commissioner shall not issue a	68200
delivery vendor license to a vendor who holds a license issued	68201
under division (A) of this section.	68202

(E) Any transient vendor who is issued a license pursuant to	68203
this section shall display the license or a copy of it	68204
prominently, in plain view, at every place of business of the	68205
transient vendor. Every owner, organizer, or promoter who operates	68206
a fair, flea market, show, exhibition, convention, or similar	68207
event at which transient vendors are present shall keep a	68208
comprehensive record of all such vendors, listing the vendor's	68209
name, permanent address, vendor's license number, and the type of	68210
goods sold. Such records shall be kept for four years and shall be	68211
open to inspection by the tax commissioner.	68212

Sec. 5739.36. (A) For the purpose of tracking the growth and	68213
overall economic impact of the travel and tourism industry in this	68214
state, the tax commissioner shall prepare a report summarizing the	68215
amount of tax revenue collected during each calendar quarter by	68216
vendors in the travel and tourism industry from the tax levied	68217
under section 5739.02 of the Revised Code; the taxes levied by	68218
counties under sections 5739.021, 5739.026, and 5739.09 of the	68219
Revised Code; and the tax levied by transit authorities under	68220
section 5739.023 of the Revised Code.	68221

(B) The quarterly reports required under this section shall	68222
summarize sales tax collections associated with the travel and	68223
tourism industry, which includes, but is not limited to:	68224

(1) Sales made by bars and restaurants;

68225

(2) Transactions by which lodging by a hotel, motel, or bed	68226
and breakfast is provided;	68227

(3) Transactions by which campground facilities are provided;

68228

(4) Sales made by truck rental and leasing businesses;

68229

(5) Sales made by passenger car rental and leasing	68230
businesses;	68231

(6) Sales made by utility trailer or recreational vehicle	68232
rental and leasing businesses;	68233

(7) Transactions by which transportation services are	68234
provided;	68235

(8) Sales associated with sporting events;

68236

(9) Sales associated with amusement and theme parks;

68237

(10) Sales associated with museums, concerts, and the	68238
performing arts;	68239

(11) Transactions by which boats or canoes are rented;

68240

(12) Transactions by which scenic and sightseeing tours are	68241
provided;	68242

(13) Transactions by which travel planning services are	68243
provided;	68244

(14) Transactions by which physical fitness facility services	68245
or recreation and sports club services are provided;	68246

(15) Sales associated with zoos and botanical gardens;

68247

(16) Sales associated with historical sites;

68248

(17) Sales associated with nature parks and conservatories;	68249
and	68250

(18) Transactions by which motor vehicle parking services are	68251
provided.	68252

(C) In preparing the quarterly reports, the commissioner	68253
shall place sales associated with the travel and tourism industry	68254
into categories, which shall be similar to those set forth in	68255
division (B) of this section and which shall be based upon	68256
industry codes established under the North American industry	68257
classification system. Each report shall itemize the amount of	68258
revenue collected during the quarter with respect to each category	68259
of sales. For each category of sales, the report shall itemize the	68260
amount of revenue attributable to taxes levied by counties under	68261
sections 5739.021, 5739.026, and 5739.09 of the Revised Code and	68262
the amount attributable to the tax levied by transit authorities	68263
under section 5739.023 of the Revised Code. The report also shall	68264
provide cumulative totals across all categories of sales and	68265
across all taxing jurisdictions. The report shall include a	68266
narrative description of how sales tax collections during the	68267
calendar quarter covered by the report differ from sales tax	68268
collections during the immediately preceding calendar quarter.	68269

(D) Beginning January 1, 2006, and on the first day of each	68270
calendar quarter thereafter, the commissioner shall file the	68271
report required under this section summarizing sales tax	68272
collections for the second preceding calendar quarter. The	68273
commissioner shall file a copy of the report with the governor,	68274
the president of the senate, the speaker of the house of	68275
representatives, and the legislative service commission. A copy of	68276
the commissioner's most recent quarterly report shall be made	68277
available to the public through the department of taxation's	68278
official internet web site.	68279

(E) The commissioner shall adopt rules necessary to	68280
administer this section, including rules establishing:	68281

(1) The types of sales that, in addition to those specified	68282
in division (B) of this section, are sufficiently related to the	68283
travel and tourism industry to warrant inclusion in the	68284
commissioner's quarterly reports; and	68285

(2) Categories of sales under division (C) of this section.

68286

Sec. 5739.99. (A) Whoever violates section 5739.26 or	68287
5739.29 of the Revised Code ~~shall be fined not less than~~	68288
~~twenty-five nor more than one hundred dollars for a first offense;~~	68289
~~for each subsequent~~is guilty of a minor misdemeanor. If the	68290
person previously has been convicted of any offense ~~such~~under	68291
Title LVII of the Revised Code, the person ~~shall, if a~~	68292
~~corporation, be fined not less than one hundred nor more than five~~	68293
~~hundred dollars, or if an individual, or a member of a~~	68294
~~partnership, firm, or association, be fined not less than~~	68295
~~twenty-five nor more than one hundred dollars, or imprisoned not~~	68296
~~more than sixty days, or both~~is guilty of a misdemeanor of the	68297
third degree.	68298

(B) Whoever violates division (A) of section 5739.30 of the	68299
Revised Code ~~shall be fined not less than one hundred nor more~~	68300
~~than one thousand dollars, or imprisoned not more than sixty days,~~	68301
~~or both~~is guilty of a misdemeanor of the third degree.	68302

(C)(1) Whoever violates division (A)(1) of section 5739.31 of	68303
the Revised Code ~~shall be fined not less than twenty-five nor more~~	68304
~~than one hundred dollars~~is guilty of a minor misdemeanor. If the	68305
~~offender~~person previously has been convicted once of ~~a violation~~	68306
~~of division (A)(1) of section 5739.31 of~~any offense under Title	68307
LVII of the Revised Code, the ~~offender~~person is guilty of a	68308
misdemeanor of the first degree. If the person previously has been	68309
convicted more than once of any offense under Title LVII of the	68310
Revised Code, the person is guilty of a felony of the ~~fourth~~fifth	68311
degree.	68312

(2) Whoever violates division (A)(2) of section 5739.31 of	68313
the Revised Code ~~shall be fined not less than one hundred dollars~~	68314
~~nor more than five hundred dollars, or imprisoned for not more~~	68315
~~than ten days, or both, for the first offense; for each subsequent~~	68316
is guilty of a minor misdemeanor. If the person previously has	68317
been convicted once of any offense under Title LVII of the Revised	68318
Code, ~~each such~~the person ~~shall be fined not less than one~~	68319
~~thousand dollars nor more than twenty-five hundred dollars, or~~	68320
~~imprisoned not more than thirty days, or both~~is guilty of a	68321
misdemeanor of the first degree. If the person previously has been	68322
convicted more than once of any offense under Title LVII of the	68323
Revised Code, the person is guilty of a felony of the fourth	68324
degree. The motor vehicles and goods of any person charged with	68325
violating division (A)(2) of section 5739.31 of the Revised Code	68326
may be impounded and held pending the disposition of the charge,	68327
and may be sold at auction by the county sheriff in the manner	68328
prescribed by law to satisfy any fine imposed by this division.	68329

(3) Whoever violates division (B) of section 5739.31 of the	68330
Revised Code is guilty of a misdemeanor of the first degree. If	68331
the person previously has been convicted of any offense under	68332
Title LVII of the Revised Code, the person is guilty of a felony	68333
of the fourth degree. Each day that business is conducted while a	68334
vendor's license is suspended constitutes a separate offense.	68335

(D) Except as otherwise provided in this section, whoever	68336
violates sections 5739.01 to 5739.31 of the Revised Code, or any	68337
lawful rule promulgated by the department of taxation under	68338
authority of such sections, ~~shall be fined not less than~~	68339
~~twenty-five nor more than one hundred dollars~~is guilty of a minor	68340
misdemeanor. If the person previously has been convicted of any	68341
offense under Title LVII of the Revised Code, the person is guilty	68342
of a misdemeanor of the first degree.	68343

(E) Whoever violates section 5739.12 of the Revised Code by	68344
failing to remit to the state the tax collected under section	68345
5739.02, 5739.021, 5739.023, or 5739.026 of the Revised Code is	68346
guilty of a misdemeanor of the first degree if the amount of	68347
collected tax the offender failed to remit is less than five	68348
hundred dollars and is guilty of a felony of the fourth degree ~~and~~	68349
~~shall~~if the amount of collected tax the offender failed to remit	68350
is five hundred dollars or more. In either case, the person may	68351
suffer the loss of the person's vendor's license as required by	68352
section 5739.17 of the Revised Code. A person who suffers the loss	68353
of a vendor's license as the result of a conviction under division	68354
(E) of this section shall not be eligible for a vendor's license	68355
for two years following the conviction.	68356

(F) Whoever violates division (E) of section 5739.17 of the	68357
Revised Code is guilty of failure to display a transient vendor's	68358
license, a minor misdemeanor. A sheriff or police officer in a	68359
municipal corporation may enforce this division. The prosecuting	68360
attorney of a county shall inform the tax commissioner of any	68361
instance when a complaint is brought against a transient vendor	68362
pursuant to this division.	68363

(G) Whoever violates section 5739.103 of the Revised Code	68364
~~shall be fined not less than twenty-five nor more than one hundred~~	68365
~~dollars~~is guilty of a minor misdemeanor. If the ~~offender~~person	68366
previously has been convicted once of ~~violating that section~~any	68367
offense under Title LVII of the Revised Code, the ~~offender~~person	68368
is guilty of a misdemeanor of the first degree. If the person	68369
previously has been convicted more than once of any offense under	68370
Title LVII of the Revised Code, the person is guilty of a felony	68371
of the ~~fourth~~fifth degree.	68372

(H) The penalties provided in this section are in addition to	68373
any penalties imposed by the tax commissioner under section	68374
5739.133 of the Revised Code.	68375

Sec. 5741.02. (A)(1) For the use of the general revenue fund	68376
of the state, an excise tax is hereby levied on the storage, use,	68377
or other consumption in this state of tangible personal property	68378
or the benefit realized in this state of any service provided. The	68379
tax shall be collected as provided in section 5739.025 of the	68380
Revised Code, provided that on and after July 1, 2003, and on or	68381
before June 30, 2005, the rate of the tax shall be six per cent.	68382
On and after July 1, 2005, the rate of the tax shall be five and	68383
one-half per cent.	68384

(2) In the case of the lease or rental, with a fixed term of	68385
more than thirty days or an indefinite term with a minimum period	68386
of more than thirty days, of any motor vehicles designed by the	68387
manufacturer to carry a load of not more than one ton, watercraft,	68388
outboard motor, or aircraft, or of any tangible personal property,	68389
other than motor vehicles designed by the manufacturer to carry a	68390
load of more than one ton, to be used by the lessee or renter	68391
primarily for business purposes, the tax shall be collected by the	68392
seller at the time the lease or rental is consummated and shall be	68393
calculated by the seller on the basis of the total amount to be	68394
paid by the lessee or renter under the lease or rental agreement.	68395
If the total amount of the consideration for the lease or rental	68396
includes amounts that are not calculated at the time the lease or	68397
rental is executed, the tax shall be calculated and collected by	68398
the seller at the time such amounts are billed to the lessee or	68399
renter. In the case of an open-end lease or rental, the tax shall	68400
be calculated by the seller on the basis of the total amount to be	68401
paid during the initial fixed term of the lease or rental, and for	68402
each subsequent renewal period as it comes due. As used in this	68403
division, "motor vehicle" has the same meaning as in section	68404
4501.01 of the Revised Code, and "watercraft" includes an outdrive	68405
unit attached to the watercraft.	68406

(3) Except as provided in division (A)(2) of this section, in	68407
the case of a transaction, the price of which consists in whole or	68408
part of the lease or rental of tangible personal property, the tax	68409
shall be measured by the installments of those leases or rentals.	68410

(B) Each consumer, storing, using, or otherwise consuming in	68411
this state tangible personal property or realizing in this state	68412
the benefit of any service provided, shall be liable for the tax,	68413
and such liability shall not be extinguished until the tax has	68414
been paid to this state; provided, that the consumer shall be	68415
relieved from further liability for the tax if the tax has been	68416
paid to a seller in accordance with section 5741.04 of the Revised	68417
Code or prepaid by the seller in accordance with section 5741.06	68418
of the Revised Code.	68419

(C) The tax does not apply to the storage, use, or	68420
consumption in this state of the following described tangible	68421
personal property or services, nor to the storage, use, or	68422
consumption or benefit in this state of tangible personal property	68423
or services purchased under the following described circumstances:	68424

(1) When the sale of property or service in this state is	68425
subject to the excise tax imposed by sections 5739.01 to 5739.31	68426
of the Revised Code, provided said tax has been paid;	68427

(2) Except as provided in division (D) of this section,	68428
tangible personal property or services, the acquisition of which,	68429
if made in Ohio, would be a sale not subject to the tax imposed by	68430
sections 5739.01 to 5739.31 of the Revised Code;	68431

(3) Property or services, the storage, use, or other	68432
consumption of or benefit from which this state is prohibited from	68433
taxing by the Constitution of the United States, laws of the	68434
United States, or the Constitution of this state. This exemption	68435
shall not exempt from the application of the tax imposed by this	68436
section the storage, use, or consumption of tangible personal	68437
property that was purchased in interstate commerce, but that has	68438
come to rest in this state, provided that fuel to be used or	68439
transported in carrying on interstate commerce that is stopped	68440
within this state pending transfer from one conveyance to another	68441
is exempt from the excise tax imposed by this section and section	68442
5739.02 of the Revised Code;	68443

(4) Transient use of tangible personal property in this state	68444
by a nonresident tourist or vacationer, or a non-business use	68445
within this state by a nonresident of this state, if the property	68446
so used was purchased outside this state for use outside this	68447
state and is not required to be registered or licensed under the	68448
laws of this state;	68449

(5) Tangible personal property or services rendered, upon	68450
which taxes have been paid to another jurisdiction to the extent	68451
of the amount of the tax paid to such other jurisdiction. Where	68452
the amount of the tax imposed by this section and imposed pursuant	68453
to section 5741.021, 5741.022, or 5741.023 of the Revised Code	68454
exceeds the amount paid to another jurisdiction, the difference	68455
shall be allocated between the tax imposed by this section and any	68456
tax imposed by a county or a transit authority pursuant to section	68457
5741.021, 5741.022, or 5741.023 of the Revised Code, in proportion	68458
to the respective rates of such taxes.	68459

As used in this subdivision, "taxes paid to another	68460
jurisdiction" means the total amount of retail sales or use tax or	68461
similar tax based upon the sale, purchase, or use of tangible	68462
personal property or services rendered legally, levied by and paid	68463
to another state or political subdivision thereof, or to the	68464
District of Columbia, where the payment of such tax does not	68465
entitle the taxpayer to any refund or credit for such payment.	68466

(6) The transfer of a used manufactured home or used mobile	68467
home, as defined by section 5739.0210 of the Revised Code, made on	68468
or after January 1, 2000;	68469

(7) Drugs that are or are intended to be distributed free of	68470
charge to a practitioner licensed to prescribe, dispense, and	68471
administer drugs to a human being in the course of a professional	68472
practice and that by law may be dispensed only by or upon the	68473
order of such a practitioner.	68474

(8) Computer equipment and related software leased from a	68475
lessor located outside this state and initially received in this	68476
state on behalf of the consumer by a third party that will retain	68477
possession of such property for not more than ninety days and that	68478
will, within that ninety-day period, deliver such property to the	68479
consumer at a location outside this state. Division (C)(8) of this	68480
section does not provide exemption from taxation for any otherwise	68481
taxable charges associated with such property while it is in this	68482
state or for any subsequent storage, use, or consumption of such	68483
property in this state by or on behalf of the consumer.	68484

(D) The tax applies to the storage, use, or other consumption	68485
in this state of tangible personal property or services, the	68486
acquisition of which at the time of sale was excepted under	68487
division (E) of section 5739.01 of the Revised Code from the tax	68488
imposed by section 5739.02 of the Revised Code, but which has	68489
subsequently been temporarily or permanently stored, used, or	68490
otherwise consumed in a taxable manner.	68491

(E)(1)(a) If any transaction is claimed to be exempt under	68492
division (E) of section 5739.01 of the Revised Code or under	68493
section 5739.02 of the Revised Code, with the exception of	68494
divisions (B)(1) to (11) or (28) of section 5739.02 of the Revised	68495
Code, the consumer shall provide to the seller, and the seller	68496
shall obtain from the consumer, a certificate specifying the	68497
reason that the transaction is not subject to the tax. The	68498
certificate shall be in such form, and shall be provided either in	68499
a hard copy form or electronic form, as ~~prescribed by~~ the tax	68500
commissioner prescribes. ~~If the transaction is claimed to be~~	68501
~~exempt under division (B)(13) of section 5739.02 of the Revised~~	68502
~~Code, the exemption certificate shall be provided by both the~~	68503
~~contractor and contractee. Such contractee shall be deemed to be~~	68504
~~the consumer of all items purchased under the claim of exemption,~~	68505
~~if it is subsequently determined that the exemption is not~~	68506
~~properly claimed. The certificate shall be in such form as the tax~~	68507
~~commissioner by rule prescribes. The seller shall maintain~~	68508
~~records, including exemption certificates, of all sales on which a~~	68509
~~consumer has claimed an exemption, and provide them to the tax~~	68510
~~commissioner on request.~~	68511

~~(2)~~(b) A seller that obtains a fully completed exemption	68512
certificate from a consumer is relieved of liability for	68513
collecting and remitting tax on any sale covered by that	68514
certificate. If it is determined the exemption was improperly	68515
claimed, the consumer shall be liable for any tax due on that sale	68516
under this chapter. Relief under this division from liability does	68517
not apply to any of the following:	68518

(i) A seller that fraudulently fails to collect tax;

68519

(ii) A seller that solicits consumers to participate in the	68520
unlawful claim of an exemption;	68521

(iii) A seller that accepts an exemption certificate from a	68522
consumer that claims an exemption based on who purchases or who	68523
sells property or a service, when the subject of the transaction	68524
sought to be covered by the exemption certificate is actually	68525
received by the consumer at a location operated by the seller in	68526
this state, and this state has posted to its web site an exemption	68527
certificate form that clearly and affirmatively indicates that the	68528
claimed exemption is not available in this state;	68529

(iv) A seller that accepts an exemption certificate from a	68530
consumer who claims a multiple points of use exemption under	68531
division (B) of section 5739.033 of the Revised Code, if the item	68532
purchased is tangible personal property, other than prewritten	68533
computer software.	68534

(2) The seller shall maintain records, including exemption	68535
certificates, of all sales on which a consumer has claimed an	68536
exemption, and provide them to the tax commissioner on request.	68537

(3) If no certificate is provided or obtained within ~~the~~	68538
~~period for filing the return for the period in~~ninety days after	68539
the date on which the transaction is consummated, it shall be	68540
presumed that the tax applies. ~~The failure~~Failure to have so	68541
provided or obtained a certificate shall not preclude a seller or	68542
~~consumer from establishing~~, within one hundred twenty days ~~of the~~	68543
~~giving of~~after the tax commissioner gives written notice ~~by the~~	68544
~~commissioner~~ of ~~intention~~intent to levy an assessment, ~~that~~from	68545
either establishing that the transaction is not subject to the	68546
tax, or obtaining, in good faith, a fully completed exemption	68547
certificate.	68548

(4) If a transaction is claimed to be exempt under division	68549
(B)(13) of section 5739.02 of the Revised Code, the contractor	68550
shall obtain certification of the claimed exemption from the	68551
contractee. This certification shall be in addition to an	68552
exemption certificate provided by the contractor to the seller. A	68553
contractee that provides a certification under this division shall	68554
be deemed to be the consumer of all items purchased by the	68555
contractor under the claim of exemption, if it is subsequently	68556
determined that the exemption is not properly claimed. The	68557
certification shall be in such form as the tax commissioner	68558
prescribes.	68559

(F) A seller who files a petition for reassessment contesting	68560
the assessment of tax on transactions for which the seller	68561
obtained no valid exemption certificates, and for which the seller	68562
failed to establish that the transactions were not subject to the	68563
tax during the one-hundred-twenty-day period allowed under	68564
division (E) of this section, may present to the tax commissioner	68565
additional evidence to prove that the transactions were exempt.	68566
The seller shall file such evidence within ninety days of the	68567
receipt by the seller of the notice of assessment, except that,	68568
upon application and for reasonable cause, the tax commissioner	68569
may extend the period for submitting such evidence thirty days.	68570

(G) For the purpose of the proper administration of sections	68571
5741.01 to 5741.22 of the Revised Code, and to prevent the evasion	68572
of the tax hereby levied, it shall be presumed that any use,	68573
storage, or other consumption of tangible personal property in	68574
this state is subject to the tax until the contrary is	68575
established.	68576

(H) The tax collected by the seller from the consumer under	68577
this chapter is not part of the price, but is a tax collection for	68578
the benefit of the state, and of counties levying an additional	68579
use tax pursuant to section 5741.021 or 5741.023 of the Revised	68580
Code and of transit authorities levying an additional use tax	68581
pursuant to section 5741.022 of the Revised Code. Except for the	68582
discount authorized under section 5741.12 of the Revised Code and	68583
the effects of any rounding pursuant to section 5703.055 of the	68584
Revised Code, no person other than the state or such a county or	68585
transit authority shall derive any benefit from the collection of	68586
such tax.	68587

Sec. 5741.16. No(A) Except as provided in division (B) or	68588
(C) of this section, no assessment shall be made or issued against	68589
a seller or consumer for any tax imposed by or pursuant to section	68590
5741.02, 5741.021, 5741.022, or 5741.023 of the Revised Code more	68591
than four years after the return date for the period in which the	68592
sale or purchase was made, or more than four years after the	68593
return for such period was filed, whichever date is later. ~~This~~	68594

(B) A consumer who provides a fully completed exemption	68595
certificate pursuant to division (B) of section 5739.03 or	68596
division (E) of section 5741.02 of the Revised Code may be	68597
assessed any tax imposed by or pursuant to section 5741.02,	68598
5741.021, 5741.022, or 5741.023 of the Revised Code that results	68599
from denial of the claimed exemption within the later of a period	68600
allowed by division (A) of this section or one year after the date	68601
the certificate was provided.	68602

68603

~~(A)~~(1) When the tax commissioner has substantial evidence of	68604
amounts of taxes collected by a seller from consumers on	68605
purchases, which were not returned to the state by direct	68606
remittance;	68607

~~(B)~~(2) When the person assessed failed to file a return as	68608
required by section 5741.12 of the Revised Code;	68609

~~(C)~~(3) When the seller or consumer and the commissioner	68610
~~waives~~waive in writing the time limitation.	68611

Sec. 5741.99. (A) Whoever violates section 5741.19 or	68612
5741.21 of the Revised Code ~~shall be fined not less than~~	68613
~~twenty-five nor more than one hundred dollars for a first offense;~~	68614
~~for each subsequent~~is guilty of a minor misdemeanor. If the	68615
person previously has been convicted once of any offense ~~such~~	68616
under Title LVII of the Revised Code, the person ~~shall, if a~~	68617
~~corporation, be fined not less than one hundred nor more than five~~	68618
~~hundred dollars, or if an individual, or a member of a~~	68619
~~partnership, firm, or association, be fined not less than~~	68620
~~twenty-five nor more than one hundred dollars, or imprisoned not~~	68621
~~more than sixty days, or both~~is guilty of a misdemeanor of the	68622
first degree. If the person previously has been convicted more	68623
than once of any offense under Title LVII of the Revised Code, the	68624
person is guilty of a felony of the fourth degree.	68625

(B) Whoever violates section 5741.22 of the Revised Code	68626
~~shall be fined not more than five hundred dollars~~is guilty of a	68627
misdemeanor of the third degree.	68628

(C) Whoever violates any provision of sections 5741.01 to	68629
5741.22~~, inclusive,~~ of the Revised Code, or any lawful rule or	68630
regulation promulgated by the department of taxation under	68631
authority of said sections, for the violation of which no penalty	68632
is provided elsewhere, ~~shall be fined not less than twenty-five~~	68633
~~nor more than one hundred dollars~~is guilty of a minor	68634
misdemeanor. If the person previously has been convicted of any	68635
offense under Title LVII of the Revised Code, the person is guilty	68636
of a misdemeanor of the first degree.	68637

Sec. 5743.01. As used in this chapter:

68638

(A) "Person" includes individuals, firms, partnerships,	68639
associations, joint-stock companies, corporations, combinations of	68640
individuals of any form, and the state and any of its political	68641
subdivisions.	68642

(B) "Wholesale dealer" includes only those persons:

68643

(1) Who bring in or cause to be brought into this state	68644
unstamped cigarettes purchased directly from the manufacturer,	68645
producer, or importer of cigarettes for sale in this state but	68646
does not include persons who bring in or cause to be brought into	68647
this state cigarettes with respect to which no evidence of tax	68648
payment is required thereon as provided in section 5743.04 of the	68649
Revised Code; or	68650

(2) Who are engaged in the business of selling cigarettes or	68651
tobacco products to others for the purpose of resale.	68652

"Wholesale dealer" does not include any cigarette	68653
manufacturer, export warehouse proprietor, or importer with a	68654
valid permit under 26 U.S.C. 5713 if that person sells cigarettes	68655
in this state only to wholesale dealers holding valid and current	68656
licenses under section 5743.15 of the Revised Code or to an export	68657
warehouse proprietor or another manufacturer.	68658

68659

(1) In reference to dealers in cigarettes, every person other	68660
than a wholesale dealer engaged in the business of selling	68661
cigarettes in this state, ~~irrespective~~regardless of whether the	68662
person is located in this state or elsewhere, and regardless of	68663
quantity, amount, or number of sales;	68664

(2) In reference to dealers in tobacco products, any person	68665
in this state engaged in the business of selling tobacco products	68666
to ultimate consumers in this state, regardless of quantity,	68667
amount, or number of sales.	68668

(D) "Sale" includes exchange, barter, gift, offer for sale,	68669
and distribution, and ~~excludes~~includes transactions in interstate	68670
or foreign commerce.	68671

(E) "Cigarettes" includes any roll for smoking made wholly or	68672
in part of tobacco, irrespective of size or shape, and whether or	68673
not such tobacco is flavored, adulterated, or mixed with any other	68674
ingredient, the wrapper or cover of which is made of paper,	68675
reconstituted cigarette tobacco, homogenized cigarette tobacco,	68676
cigarette tobacco sheet, or any similar materials other than cigar	68677
tobacco.	68678

(F) "Package" means the individual package, box, or other	68679
container in or from which retail sales of cigarettes are normally	68680
made or intended to be made.	68681

(G) "Stamp" includes an impression made by a metering device	68682
as provided for in section 5743.04 of the Revised Code.	68683

(H) "Storage" includes any keeping or retention of cigarettes	68684
or tobacco products for use or consumption in this state.	68685

(I) "Use" includes the exercise of any right or power	68686
incidental to the ownership of cigarettes or tobacco products.	68687

(J) "Tobacco product" means any product made from tobacco,	68688
other than cigarettes, that is made for smoking or chewing, or	68689
both, and snuff.	68690

(K) "Wholesale price" means the invoice price, including all	68691
federal excise taxes, at which the manufacturer of the tobacco	68692
product sells the tobacco product to unaffiliated distributors,	68693
excluding any discounts based on the method of payment of the	68694
invoice or on time of payment of the invoice. If the taxpayer buys	68695
from other than a manufacturer, "wholesale price" means the	68696
invoice price, including all federal excise taxes and excluding	68697
any discounts based on the method of payment of the invoice or on	68698
time of payment of the invoice.	68699

(L) "Distributor" means:

68700

(1) Any manufacturer who sells, barters, exchanges, or	68701
distributes tobacco products to a retail dealer in the state,	68702
except when selling to a retail dealer that has filed with the	68703
manufacturer a signed statement agreeing to pay and be liable for	68704
the tax imposed by section 5743.51 of the Revised Code;	68705

(2) Any wholesale dealer located in the state who receives	68706
tobacco products from a manufacturer, or who receives tobacco	68707
products on which the tax imposed by this chapter has not been	68708
paid;	68709

(3) Any wholesale dealer located outside the state who sells,	68710
barters, exchanges, or distributes tobacco products to a wholesale	68711
or retail dealer in the state; or	68712

(4) Any retail dealer who receives tobacco products on which	68713
the tax has not or will not be paid by another distributor,	68714
including a retail dealer that has filed a signed statement with a	68715
manufacturer in which the retail dealer agrees to pay and be	68716
liable for the tax that would otherwise be imposed on the	68717
manufacturer by section 5743.51 of the Revised Code.	68718

(M) "Taxpayer" means any person liable for the tax imposed by	68719
section 5743.51, 5743.62, or 5743.63 of the Revised Code.	68720

(N) "Seller" means any person located outside this state	68721
engaged in the business of selling tobacco products to consumers	68722
for storage, use, or other consumption in this state.	68723

(O) "Manufacturer" means any person who manufactures and	68724
sells cigarettes or tobacco products.	68725

(P) "Importer" means any person that imports is authorized,	68726
under a valid permit issued under Section 5713 of the Internal	68727
Revenue Code, to import finished cigarettes into the United	68728
States, either directly or indirectly.	68729

Sec. 5743.02. To provide revenues for the general revenue	68730
fund, an excise tax on sales of cigarettes is hereby levied at the	68731
rate of ~~twenty-seven and one-half~~sixty-two and one-half mills on	68732
each cigarette.	68733

Only one sale of the same article shall be used in computing	68734
the amount of tax due.	68735

The treasurer of state shall place to the credit of the tax	68736
refund fund created by section 5703.052 of the Revised Code, out	68737
of receipts from the tax levied by this section, amounts equal to	68738
the refunds certified by the tax commissioner pursuant to section	68739
5743.05 of the Revised Code. The balance of taxes collected under	68740
such section, after the credits to the tax refund fund, shall be	68741
paid into the general revenue fund.	68742

Sec. 5743.03. (A) Except as provided in section 5743.04 of	68743
the Revised Code, the taxes imposed under sections 5743.02,	68744
5743.024, and 5743.026 of the Revised Code shall be paid by the	68745
purchase of stamps. A stamp shall be affixed to each package of an	68746
aggregate denomination not less than the amount of the tax upon	68747
the contents thereof. The stamp, so affixed, shall be prima-facie	68748
evidence of payment of the tax. ~~Except~~	68749

Except as is provided in the rules prescribed by the tax	68750
commissioner under authority of sections 5743.01 to 5743.20 of the	68751
Revised Code, and unless ~~such~~tax stamps have been previously	68752
affixed, they shall be so affixed by each wholesale dealer, and	68753
canceled by writing or stamping across the face thereof the number	68754
assigned to such wholesale dealer by the tax commissioner for that	68755
purpose, prior to the delivery of any cigarettes to any person in	68756
this state, or in the case of a tax levied pursuant to section	68757
5743.024 or 5743.026 of the Revised Code, prior to the delivery of	68758
cigarettes to any person in the county in which the tax is levied.	68759

(B) Except as provided in the rules prescribed by the	68760
commissioner under authority of sections 5743.01 to 5743.20 of the	68761
Revised Code, ~~and unless such stamps have been previously affixed,~~	68762
each retail dealer ~~shall~~, within twenty-four hours after the	68763
receipt of any cigarettes at the retail dealer's place of business	68764
~~and prior to the delivery thereof~~, shall inspect the cigarettes to	68765
ensure that tax stamps are affixed. The inspection shall be	68766
completed before the cigarettes are delivered to any person in	68767
this state, or, in the case of a tax levied pursuant to section	68768
5743.024 or 5743.026 of the Revised Code ~~prior to the delivery~~	68769
~~thereof~~, before the cigarettes are delivered to any person in the	68770
county in which the tax is levied~~, so affix such stamps and cancel~~	68771
~~same by writing or stamping across the face thereof the number~~	68772
~~assigned to such retail dealer by the commissioner for that~~	68773
~~purpose~~.	68774

(C) Whenever any cigarettes are found in the place of	68775
business of any retail dealer without proper tax stamps affixed	68776
thereto and canceled, it is presumed that such cigarettes are kept	68777
therein in violation of sections 5743.01 to 5743.20 of the Revised	68778
Code.	68779

(D) Each wholesale dealer ~~and each retail dealer~~ who	68780
purchases cigarettes without proper tax stamps affixed thereto	68781
shall, on or before the thirty-first day of the month following	68782
the close of each semiannual period, which period shall end on the	68783
thirtieth day of June and the thirty-first day of December of each	68784
year, make and file a return of the preceding semiannual period,	68785
on such form as is prescribed by the tax commissioner, showing the	68786
dealer's entire purchases and sales of cigarettes and stamps or	68787
impressions for such semiannual period and accurate inventories as	68788
of the beginning and end of each semiannual period of cigarettes,	68789
stamped or unstamped; cigarette tax stamps affixed or unaffixed	68790
and unused meter impressions; and such other information as the	68791
commissioner finds necessary to the proper administration of	68792
sections 5743.01 to 5743.20 of the Revised Code. The commissioner	68793
may extend the time for making and filing returns and may remit	68794
all or any part of amounts of penalties that may become due under	68795
sections 5743.01 to 5743.20 of the Revised Code. The wholesale or	68796
~~retail~~ dealer shall deliver the return together with a remittance	68797
of the tax deficiency reported thereon to the treasurer of state.	68798
The treasurer of state shall stamp or otherwise mark on the return	68799
the date it was received and shall also show thereon by stamp or	68800
otherwise a payment or nonpayment of the deficiency shown by the	68801
return. Thereafter, the treasurer of state shall immediately	68802
transmit all returns filed under this section to the commissioner.	68803

(E) Any wholesale ~~or retail~~ dealer who fails to file a return	68804
under this section and the rules of the commissioner, other than a	68805
report required pursuant to division (F) of this section, may be	68806
required, for each day the dealer so fails, to forfeit and pay	68807
into the state treasury the sum of one dollar as revenue arising	68808
from the tax imposed by sections 5743.01 to 5743.20 of the Revised	68809
Code and such sum may be collected by assessment in the manner	68810
provided in section 5743.081 of the Revised Code. If the	68811
commissioner finds it necessary in order to insure the payment of	68812
the tax imposed by sections 5743.01 to 5743.20 of the Revised	68813
Code, the commissioner may require returns and payments to be made	68814
other than semiannually. The returns shall be signed by the	68815
wholesale ~~or retail~~ dealer or an authorized agent thereof.	68816

(F) Each person required to file a tax return under section	68817
5743.03, 5743.52, or 5743.62 of the Revised Code shall report to	68818
the commissioner the quantity of all cigarettes and roll-your-own	68819
cigarette tobacco sold in Ohio for each brand not covered by the	68820
tobacco master settlement agreement for which the person is liable	68821
for the taxes levied under section 5743.02, 5743.51, or 5743.62 of	68822
the Revised Code.	68823

As used in this division, "tobacco master settlement	68824
agreement" has the same meaning as in section 183.01 of the	68825
Revised Code.	68826

(G) The report required by division (F) of this section shall	68827
be made on a form prescribed by the commissioner and shall be	68828
filed not later than the last day of each month for the previous	68829
month, except that if the commissioner determines that the	68830
quantity reported by a person does not warrant monthly reporting,	68831
the commissioner may authorize reporting at less frequent	68832
intervals. The commissioner may assess a penalty of not more than	68833
two hundred fifty dollars for each month or portion thereof that a	68834
person fails to timely file a required report, and such sum may be	68835
collected by assessment in the manner provided in section 5743.081	68836
of the Revised Code. All money collected under this division shall	68837
be considered as revenue arising from the taxes imposed by	68838
sections 5743.01 to 5743.20 of the Revised Code.	68839

Sec. 5743.031. (A) A wholesale dealer may affix stamps only	68840
to packages of cigarettes that the dealer received directly from a	68841
manufacturer or importer of cigarettes that possesses a valid and	68842
current license under section 5743.15 of the Revised Code, or to	68843
packages of cigarettes that the dealer received from another	68844
wholesale dealer that possesses a valid and current license under	68845
section 5743.15 of the Revised Code, provided that the tax	68846
commissioner has authorized the sale of the cigarettes between	68847
those wholesale dealers and that the wholesale dealer that sells	68848
the cigarettes received them directly from a manufacturer or	68849
importer of cigarettes that possesses a valid and current license	68850
under section 5743.15 of the Revised Code.	68851

(B) Only a wholesale dealer that possesses a valid and	68852
current license under section 5743.15 of the Revised Code may	68853
purchase or obtain tax stamps. A wholesale dealer may not sell or	68854
provide such stamps to any other wholesale dealer or any other	68855
person.	68856

(C) Any person shipping unstamped packages of cigarettes into	68857
this state to a person other than a wholesale dealer licensed	68858
under section 5743.15 of the Revised Code shall, before such	68859
shipment, file notice of the shipment with the tax commissioner.	68860
Any person that transports unstamped packages of cigarettes into	68861
or within this state shall carry in the vehicle used to convey the	68862
shipment invoices or equivalent documentation of the shipment for	68863
all cigarettes in the shipment. The invoices or other	68864
documentation shall show the true name and address of the	68865
consignor or seller, the true name and address of the consignee or	68866
purchaser, and the quantity of the cigarettes being transported.	68867
This division does not apply to any common or contract carrier	68868
transporting cigarettes through this state to another location	68869
under a proper bill of lading or freight bill that states the	68870
quantity, source, and destination of the cigarettes.	68871

Sec. 5743.05. All stamps provided for by section 5743.03 of	68872
the Revised Code, when procured by the tax commissioner, shall be	68873
immediately delivered to the treasurer of state, who shall execute	68874
a receipt therefor showing the number and aggregate face value of	68875
each denomination received by the treasurer of state and any other	68876
information that the commissioner requires to enforce the	68877
collection and distribution of all taxes imposed under section	68878
5743.024 or 5743.026 of the Revised Code, and deliver the receipt	68879
to the commissioner. The treasurer of state shall sell the stamps	68880
and, on the fifth day of each month, make a report showing all	68881
sales made during the preceding month, with the names of	68882
purchasers, the number of each denomination, the aggregate face	68883
value purchased by each, and any other information as the	68884
commissioner requires to enforce the collection and distribution	68885
of all taxes imposed under section 5743.024 of the Revised Code,	68886
and deliver it to the commissioner. The treasurer of state shall	68887
be accountable for all stamps received and unsold. The stamps	68888
shall be sold and accounted for at their face value, except the	68889
commissioner shall, by rule certified to the treasurer of state,	68890
authorize the sale of stamps and meter impressions to wholesale or	68891
retail dealers in this state, or to wholesale dealers outside this	68892
state, at a discount of not less than one and eight-tenths per	68893
cent or more than ten per cent of their face value, as a	68894
commission for affixing and canceling the stamps or meter	68895
impressions.	68896

The commissioner, by rule certified to the treasurer of	68897
state, shall authorize the delivery of stamps and meter	68898
impressions to wholesale ~~and retail~~ dealers in this state and to	68899
wholesale dealers outside this state on credit. If such a dealer	68900
has not been in good credit standing with this state for five	68901
consecutive years preceding the purchase, the tax commissioner	68902
shall require the dealer to file with the commissioner a bond to	68903
the state in the amount and in the form prescribed by the	68904
commissioner, with surety to the satisfaction of the commissioner,	68905
conditioned on payment to the treasurer of state within thirty	68906
days for stamps or meter impressions delivered within that time.	68907
If such a dealer has been in good credit standing with this state	68908
for five consecutive years preceding the purchase, the tax	68909
commissioner shall not require that the dealer file such a bond	68910
but shall require payment for the stamps and meter impressions	68911
within thirty days after purchase of the stamps and meter	68912
impressions. Stamps and meter impressions sold to a dealer not	68913
required to file a bond shall be sold at face value. The maximum	68914
amount that may be sold on credit to a dealer not required to file	68915
a bond shall equal one hundred ten per cent of the dealer's	68916
average monthly purchases over the preceding calendar year. The	68917
maximum amount shall be adjusted to reflect any changes in the tax	68918
rate and may be adjusted, upon application to the tax commissioner	68919
by the dealer, to reflect changes in the business operations of	68920
the dealer. The maximum amount shall be applicable to the period	68921
of July through April. Payment by a dealer not required to file a	68922
bond shall be remitted by electronic funds transfer as prescribed	68923
by section 5743.051 of the Revised Code. If a dealer not required	68924
to file a bond fails to make the payment in full within the	68925
thirty-day period, the treasurer of state shall not thereafter	68926
sell stamps or meter impressions to that dealer until the dealer	68927
pays the outstanding amount, including penalty and interest on	68928
that amount as prescribed in this chapter, and the commissioner	68929
thereafter may require the dealer to file a bond until the dealer	68930
is restored to good standing. The commissioner shall limit	68931
delivery of stamps and meter impressions on credit to the period	68932
running from the first day of July of the fiscal year until the	68933
first day of the following May. Any discount allowed as a	68934
commission for affixing and canceling stamps or meter impressions	68935
shall be allowed with respect to sales of stamps and meter	68936
impressions on credit.	68937

The treasurer of state shall redeem and pay for any	68938
destroyed, unused, or spoiled tax stamps and any unused meter	68939
impressions at their net value, and shall refund to wholesale	68940
dealers the net amount of state and county taxes paid erroneously	68941
or paid on cigarettes that have been sold in interstate or foreign	68942
commerce or that have become unsalable, and the net amount of	68943
county taxes that were paid on cigarettes that have been sold at	68944
retail or for retail sale outside a taxing county.	68945

An application for a refund of tax shall be filed with the	68946
tax commissioner, on the form prescribed by the commissioner for	68947
that purpose, within three years from the date the tax stamps are	68948
destroyed or spoiled, from the date of the erroneous payment, or	68949
from the date that cigarettes on which taxes have been paid have	68950
been sold in interstate or foreign commerce or have become	68951
unsalable.	68952

On the filing of the application, the commissioner shall	68953
determine the amount of refund to which the applicant is entitled,	68954
payable from receipts of the state tax, and, if applicable,	68955
payable from receipts of a county tax. If the amount is less than	68956
that claimed, the commissioner shall certify the amount to the	68957
director of budget and management and treasurer of state for	68958
payment from the tax refund fund created by section 5703.052 of	68959
the Revised Code. If the amount is less than that claimed, the	68960
commissioner shall proceed in accordance with section 5703.70 of	68961
the Revised Code.	68962

If a refund is granted for payment of an illegal or erroneous	68963
assessment issued by the department, the refund shall include	68964
interest on the amount of the refund from the date of the	68965
overpayment. The interest shall be computed at the rate per annum	68966
prescribed by section 5703.47 of the Revised Code.	68967

Sec. 5743.071. ~~Each wholesale dealer and each retail dealer~~	68968
Every person shall maintain complete and accurate records of all	68969
purchases and sales of cigarettes, and shall procure and retain	68970
all invoices, bills of lading, and other documents relating to the	68971
purchases and sales of cigarettes, except that no retail dealer	68972
shall be required to issue or maintain invoices relating to ~~his~~	68973
the retail dealer's sales of cigarettes. The invoices or documents	68974
shall be maintained for each place of business and shall show the	68975
name and address of the other party to the purchase or sale and	68976
shall show the quantity of the cigarettes so sold or purchased.	68977

The records and documents shall be open during business hours	68978
to the inspection of the tax commissioner, and shall be preserved	68979
for a period of three years, unless the commissioner, in writing,	68980
consents to their destruction within that period, or by order	68981
requires that they be kept for a longer period. With the tax	68982
commissioner's consent, a person with multiple places of business	68983
may keep centralized records but shall transmit duplicates of the	68984
invoices or documents to each place of business within seventy-two	68985
hours after the tax commissioner or the tax commissioner's	68986
designee requests access to the records.	68987

Public access to reports submitted by license holders shall	68988
be provided under the procedures prescribed under division (B) of	68989
section 149.43 of the Revised Code. Information regarding	68990
quantities of cigarettes by brand style shall not be made	68991
available to any person other than the tax commissioner or the tax	68992
commissioner's designee, the United States secretary of the	68993
treasury or the secretary's designee, or law enforcement	68994
officials.	68995

Sec. 5743.072. Each manufacturer and each importer shipping	68996
cigarettes into or within this state shall file a monthly report	68997
with the tax commissioner in accordance with rules adopted by the	68998
tax commissioner under Chapter 119. of the Revised Code.	68999

Sec. 5743.08. Whenever the tax commissioner discovers any	69000
cigarettes which are being shipped, or which have been shipped, or	69001
transported in violation of section 2927.023 of the Revised Code,	69002
or discovers cigarettes, subject to the taxes levied under section	69003
5743.02, 5743.024, or 5743.026 of the Revised Code, and upon which	69004
the taxes have not been paid or that are held for sale or	69005
distribution in violation of any other provision of this chapter,	69006
the commissioner may seize and take possession of such cigarettes,	69007
which shall thereupon be forfeited to the state, and the	69008
commissioner ~~may~~, within a reasonable time thereafter sell or	69009
destroy the forfeited cigarettes. ~~From the proceeds of the sale,~~	69010
~~the tax commissioner shall pay the costs incurred in such~~	69011
~~proceedings, and any proceeds remaining after the costs are paid~~	69012
~~shall be considered as revenue arising from the tax; provided that~~	69013
~~the seizure and sale shall not be deemed to~~If the commissioner	69014
sells cigarettes under this section, the commissioner shall use	69015
proceeds from the sale to pay the costs incurred in the	69016
proceedings. Any proceeds remaining after all costs have been paid	69017
shall be considered revenue arising from the taxes levied under	69018
this chapter. Seizure and sale shall not be deemed to relieve any	69019
person from the fine or imprisonment provided for violation of	69020
sections 5743.01 to 5743.20 of the Revised Code. ~~The~~A sale shall	69021
be made where it is most convenient and economical. The tax	69022
commissioner may order the destruction of the forfeited cigarettes	69023
if the quantity or quality of the cigarettes is not sufficient to	69024
warrant their sale.	69025

Sec. 5743.10. No ~~retail dealer~~person shall have in ~~his~~the	69026
person's possession ~~packages~~packs of cigarettes not bearing the	69027
stamps required to be affixed thereto as required by Chapter 5743.	69028
of the Revised Code.	69029

Sec. 5743.111. No person shall possess ~~packages~~packs of	69030
cigarettes not bearing the stamps required by Chapter 5743. of the	69031
Revised Code, or bearing stamps that have been affixed in	69032
violation of section 5743.21 of the Revised Code, when the	69033
~~wholesale value~~total number of the cigarettes exceeds ~~sixty~~	69034
~~dollars~~one thousand two hundred.	69035

Sec. 5743.112. (A) No person shall prepare for shipment,	69036
ship, transport, deliver, prepare for distribution, or distribute	69037
cigarettes, or otherwise engage or participate in the wholesale or	69038
retail business of trafficking in cigarettes, with the intent to	69039
avoid payment of the tax imposed by this chapter, when the	69040
~~wholesale value~~total number of ~~such~~ cigarettes in the aggregate	69041
exceeds ~~sixty dollars~~one thousand two hundred during any	69042
twelve-month period.	69043

(B) Any vending machine containing cigarettes which do not	69044
have affixed the stamps or impressions provided for by sections	69045
5743.03 and 5743.04 of the Revised Code shall be seized and	69046
forfeited to the state in accordance with section 2933.43 of the	69047
Revised Code. Forfeiture shall not affect the rights of a holder	69048
of a valid lien.	69049

(C) A vehicle that is seized as contraband under section	69050
2933.43 of the Revised Code because of its use in violation of	69051
this chapter is subject to the procedures set forth in section	69052
2933.43 of the Revised Code.	69053

Sec. 5743.14. (A) The tax commissioner ~~may inspect any place~~	69054
~~where cigarettes subject to the tax levied under section 5743.02,~~	69055
~~5743.024, or 5743.026 of the Revised Code are sold or stored.~~	69056

~~(B)~~or an agent of the tax commissioner may enter and inspect	69057
the facilities and records of a person selling cigarettes or other	69058
tobacco products. Such entrance and inspection requires a properly	69059
issued search warrant if conducted outside the normal business	69060
hours of the person, but does not require a search warrant if	69061
conducted during the normal business hours of the person. No	69062
person shall prevent or hinder the tax commissioner or an agent of	69063
the tax commissioner from ~~making a full inspection of any place~~	69064
~~where cigarettes subject to the tax levied under section 5743.02,~~	69065
~~5743.024, or 5743.026 of the Revised Code are sold or stored, or~~	69066
~~prevent or hinder the full inspection of invoices, books, records,~~	69067
~~or papers required to be kept by sections 5743.01 to 5743.20 of~~	69068
~~the Revised Code~~carrying out the authority granted under this	69069
division.	69070

(B) If a peace officer as defined in section 2935.01 of the	69071
Revised Code knows or has reasonable cause to believe that a motor	69072
vehicle is transporting cigarettes or other tobacco products in	69073
violation of this chapter or section 2927.023 of the Revised Code,	69074
the peace officer may stop the vehicle and inspect the vehicle to	69075
determine the presence of such cigarettes or other tobacco	69076
products.	69077

Sec. 5743.15. (A) No person shall engage in this state in	69078
the wholesale or retail business of trafficking in cigarettes	69079
~~within this state~~or in the business of a manufacturer or importer	69080
of cigarettes without having a license to ~~do so~~conduct each such	69081
activity issued by a county auditor under division (B) of this	69082
section or the tax commissioner under division (E) of this	69083
section, except that on dissolution of a partnership by death, the	69084
surviving partner may operate under the license of the partnership	69085
until expiration of the license, and the heirs or legal	69086
representatives of deceased persons, and receivers and trustees in	69087
bankruptcy appointed by any competent authority, may operate under	69088
the license of the person succeeded in possession by such heir,	69089
representative, receiver, or trustee in bankruptcy.	69090

(B) Each applicant for a license to engage in the wholesale	69091
or retail business of trafficking in cigarettes under this	69092
section, annually, on or before the fourth Monday of May, shall	69093
make and deliver to the county auditor of the county in which he	69094
the applicant desires to engage in the wholesale or retail	69095
business of trafficking in cigarettes, upon a blank furnished by	69096
such auditor for that purpose, a statement showing the name of the	69097
applicant, each place in the county where the applicant's business	69098
is conducted, the nature of the business, and any other	69099
information the tax commissioner requires in the form of statement	69100
prescribed by ~~him~~the commissioner. If the applicant is a firm,	69101
partnership, or association other than a corporation, the	69102
application shall state the name and address of each of its	69103
members. If the applicant is a corporation, the application shall	69104
state the name and address of each of its officers. At the time of	69105
making the application required by this section, every person	69106
desiring to engage in the wholesale business of trafficking in	69107
cigarettes shall pay into the county treasury a license tax in the	69108
sum of two hundred dollars, or if desiring to engage in the retail	69109
business of trafficking in cigarettes, a license tax in the sum of	69110
thirty dollars for each of the first five places where hethe	69111
person proposes to carry on such business and twenty-five dollars	69112
for each additional place. Each place of business shall be deemed	69113
such space, under lease or license to, or under the control of, or	69114
under the supervision of the applicant, as is contained in one or	69115
more contiguous, adjacent, or adjoining buildings constituting an	69116
industrial plant or a place of business operated by, or under the	69117
control of, one person, or under one roof and connected by doors,	69118
halls, stairways, or elevators, which space may contain any number	69119
of points at which cigarettes are offered for sale, provided that	69120
each additional point at which cigarettes are offered for sale	69121
shall be listed in the application.	69122

Upon receipt of the application ~~required by this section~~ and	69123
exhibition of the county treasurer's receipt showing the payment	69124
of the tax, the county auditor shall issue to the applicant a	69125
license for each place of business designated in the application,	69126
authorizing the applicant to engage in such business at such place	69127
for one year commencing on the fourth Monday of May. Companies	69128
operating club or dining cars or other cars upon which cigarettes	69129
are sold shall obtain licenses at railroad terminals within the	69130
state, under such rules as are prescribed by the commissioner. The	69131
form of the license shall be prescribed by the commissioner. A	69132
duplicate license may be obtained from the county auditor upon	69133
payment of a fifty cent fee if the original license is lost,	69134
destroyed, or defaced. When an application is filed after the	69135
fourth Monday of May, the license tax required to be paid shall be	69136
proportioned in amount to the remainder of the license year,	69137
except that it shall not be less than one fifth of the whole	69138
amount in any one year.	69139

The holder of a wholesale or retail dealer's cigarette	69140
license may transfer the license to a place of business within the	69141
same county other than that designated on the license or may	69142
assign the license to another person for use in the same county on	69143
condition that the licensee or assignee, whichever is applicable,	69144
make application to the county auditor therefor, upon forms	69145
approved by the commissioner and the payment of a fee of one	69146
dollar into the county treasury.	69147

~~(B)~~(C)(1) The wholesale cigarette license tax revenue	69148
collected under this section shall be distributed as follows:	69149

(a) Thirty-seven and one-half per cent shall be paid upon the	69150
warrant of the county auditor into the treasury of the municipal	69151
corporation or township in which the place of business for which	69152
the tax revenue was received is located;	69153

(b) Fifteen per cent shall be credited to the general fund of	69154
the county;	69155

(c) Forty-seven and one-half per cent shall be paid into the	69156
cigarette tax enforcement fund created by division (C) of this	69157
section.	69158

(2) The revenue collected from the thirty dollar tax imposed	69159
upon the first five places of business of a person engaged in the	69160
retail business of trafficking in cigarettes shall be distributed	69161
as follows:	69162

(a) Sixty-two and one-half per cent shall be paid upon the	69163
warrant of the county auditor into the treasury of the municipal	69164
corporation or township in which the places of business for which	69165
the tax revenue was received are located;	69166

(b) Twenty-two and one-half per cent shall be credited to the	69167
general fund of the county;	69168

(c) Fifteen per cent shall be paid into the cigarette tax	69169
enforcement fund created by division (C) of this section.	69170

(3) The remainder of the revenues and fines collected under	69171
this section and the penal laws relating to cigarettes shall be	69172
distributed as follows:	69173

(a) Three-fourths shall be paid upon the warrant of the	69174
county auditor into the treasury of the municipal corporation or	69175
township in which the place of business, on account of which the	69176
revenues and fines were received, is located;	69177

(b) One-fourth shall be credited to the general fund of the	69178
county.	69179

~~(C)~~(D) There is hereby created within the state treasury the	69180
cigarette tax enforcement fund for the purpose of providing funds	69181
to assist in paying the costs of enforcing sections 1333.11 to	69182
1333.21 and Chapter 5743. of the Revised Code.	69183

The portion of cigarette license tax revenues received by a	69184
county auditor during the annual application period that ends	69185
before the fourth Monday in May which is required to be deposited	69186
in the cigarette tax enforcement fund shall be sent to the	69187
treasurer of state by the thirtieth day of June each year. The	69188
portion of license tax money received by each county auditor after	69189
the fourth Monday in May which is required to be deposited in the	69190
cigarette tax enforcement fund shall be sent to the treasurer of	69191
state by the thirty-first day of December.	69192

(E)(1) Every person who desires to engage in the business of	69193
a manufacturer or importer of cigarettes shall, annually, on or	69194
before the fourth Monday of May, make and deliver to the tax	69195
commissioner, upon a blank furnished by the commissioner for that	69196
purpose, a statement showing the name of the applicant, the nature	69197
of the applicant's business, and any other information required by	69198
the commissioner. If the applicant is a firm, partnership, or	69199
association other than a corporation, the applicant shall state	69200
the name and address of each of its members. If the applicant is a	69201
corporation, the applicant shall state the name and address of	69202
each of its officers.	69203

Upon receipt of the application, the commissioner shall issue	69204
to the applicant a license authorizing the applicant to engage in	69205
the business of manufacturer or importer, whichever the case may	69206
be, for one year commencing on the fourth Monday of May.	69207

(2) The issuing of a license under division (E) of this	69208
section to a manufacturer does not excuse a manufacturer from the	69209
certification process required under section 1346.05 of the	69210
Revised Code. A license issued under division (E) of this section	69211
to a manufacturer who is not listed on the directory required	69212
under section 1346.05 of the Revised Code shall cease to be valid	69213
and shall be revoked by the commissioner as provided in section	69214
5743.18 of the Revised Code.	69215

(3) The tax commissioner may adopt rules necessary to	69216
administer division (E) of this section.	69217

Sec. 5743.16. On or before the first Monday of June,	69218
annually, each county auditor shall certify to the tax	69219
commissioner a list showing the names of all persons licensed in	69220
~~his~~the auditor's county to engage in the business of trafficking	69221
in cigarettes, and such other information as to each, available	69222
from the records in the office of the auditor, as the commissioner	69223
prescribes. As such licenses are issued during the year, the	69224
auditor shall certify like lists and additions thereto to the	69225
commissioner. The commissioner shall keep an alphabetical index of	69226
such licenses certified to ~~him~~the commissioner, and shall update	69227
the index of valid license holders on a regular basis.	69228

Sec. 5743.18. Upon notice and hearing in accordance with	69229
sections 119.01 to 119.13 of the Revised Code, the tax	69230
commissioner may revoke any manufacturer, importer, wholesale, or	69231
retail cigarette license for violation of sections 5743.01 to	69232
5743.21 of the Revised Code. AIn the case of a wholesale or	69233
retail cigarette license, a certified copy of the order revoking	69234
such license shall be transmitted to the county auditor of the	69235
county in which the license was issued. In the case of a license	69236
issued to a manufacturer, the commissioner shall immediately	69237
revoke any such license upon the manufacturer's removal from the	69238
directory under section 1346.05 of the Revised Code.	69239

Sec. 5743.19. No person shall engage in business as a	69240
manufacturer or importer, or in the wholesale or retail business	69241
of trafficking in cigarettes, without having a license therefor,	69242
as required by section 5743.15 of the Revised Code.	69243

Sec. 5743.20. No person shall sell any cigarettes both as a	69244
retail dealer and as a wholesale dealer at the same place of	69245
business. ~~No wholesale dealer shall sell cigarettes to any person~~	69246
~~in this state other than to a licensed retail dealer; and no~~No	69247
person other than a licensed wholesale dealer shall sell	69248
cigarettes to a licensed retail dealer. No retail dealer shall	69249
purchase cigarettes from any person other than a licensed	69250
wholesale dealer.	69251

Subject to section 5743.031 of the Revised Code, a licensed	69252
wholesale dealer may not sell cigarettes to any person in this	69253
state other than a licensed retail dealer, except a licensed	69254
wholesale dealer may sell cigarettes to another licensed wholesale	69255
dealer if the tax commissioner has authorized the sale of the	69256
cigarettes between those wholesale dealers and the wholesale	69257
dealer that sells the cigarettes received them directly from a	69258
licensed manufacturer or licensed importer.	69259

The tax commissioner shall adopt rules governing sales of	69260
cigarettes between licensed wholesale dealers, including rules	69261
establishing criteria for authorizing such sales.	69262

No manufacturer or importer shall sell cigarettes to any	69263
person in this state other than to a licensed wholesale dealer or	69264
licensed importer. No importer shall purchase cigarettes from any	69265
person other than a licensed manufacturer or licensed importer.	69266

A retail dealer may purchase tobacco products only from a	69267
licensed distributor. A licensed distributor may sell tobacco	69268
products only to a retail dealer, except a licensed distributor	69269
may sell tobacco products to another licensed distributor if the	69270
tax commissioner has authorized the sale of the tobacco products	69271
between those distributors and the distributor that sells the	69272
tobacco products received them directly from a manufacturer or	69273
importer of tobacco products	69274

The tax commissioner may adopt rules governing sales of	69275
tobacco products between licensed distributors, including rules	69276
establishing criteria for authorizing such sales.	69277

As used in this section, "licensed" means the manufacturer,	69278
importer, wholesale dealer, retail dealer, or distributor holds a	69279
current and valid license issued under section 5743.15 or 5743.61	69280
of the Revised Code.	69281

Sec. 5743.32. To provide revenue for the general revenue	69282
fund of the state, an excise tax is hereby levied on the use,	69283
consumption, or storage for consumption of cigarettes by consumers	69284
in this state at the rate of ~~twenty-seven and one-half~~sixty-two	69285
and one-half mills on each cigarette. The tax shall not apply if	69286
the tax levied by section 5743.02 of the Revised Code has been	69287
paid.	69288

The money received into the state treasury from the excise	69289
tax levied by this section shall be credited to the general	69290
revenue fund.	69291

Sec. 5743.33. Every person who has acquired cigarettes for	69292
use, storage, or other consumption subject to the tax levied under	69293
section 5743.32, 5743.323, or 5743.324 of the Revised Code, shall,	69294
on or before the fifteenth day of the month following receipt of	69295
such cigarettes, file with the tax commissioner a return showing	69296
the amount of cigarettes acquired, together with remittance of the	69297
tax thereon. No such person shall transport within this state,	69298
~~cigarettes that have a wholesale value in excess of sixty dollars~~	69299
more than two thousand four hundred cigarettes, unless that person	69300
has obtained consent to transport the cigarettes from the	69301
department of taxation prior to such transportation. Such consent	69302
shall not be required if the applicable taxes levied under	69303
sections 5743.02, 5743.024, and 5743.026 of the Revised Code have	69304
been paid. Application for the consent shall be in the form	69305
prescribed by the tax commissioner.	69306

Every person transporting such cigarettes shall possess the	69307
consent while transporting or possessing the cigarettes within	69308
this state and shall produce the consent upon request of any law	69309
enforcement officer or authorized agent of the tax commissioner.	69310

Any person transporting such cigarettes without the consent	69311
required by this section, shall be subject to the provisions of	69312
this chapter, including the applicable taxes imposed by sections	69313
5743.02, 5743.024, and 5743.026 of the Revised Code.	69314

Sec. 5743.71. If a person seeks to obtain cigarettes that	69315
are legal for sale in this state under section 1346.05 of the	69316
Revised Code or other tobacco products, and such cigarettes or	69317
other tobacco products are not reasonably available to that person	69318
at a retail location in this state, the person may apply to the	69319
tax commissioner for consent for consumer shipment. The consent	69320
for consumer shipment must be obtained prior to the purchase of	69321
the cigarettes or other tobacco products.	69322

The consent for consumer shipment shall be filed with the	69323
commissioner on a form prescribed by the commissioner showing	69324
purchase of the cigarettes or other tobacco products as consented	69325
to, and shall be accompanied by the purchaser's proof of age and	69326
any other information required by the commissioner.	69327

Sec. 5743.99. (A) Whoever violates section 5743.10, 5743.11,	69328
or 5743.12 or division (C) of section 5743.54 of the Revised Code	69329
is guilty of a misdemeanor of the first degree. If the ~~offender~~	69330
person previously has been ~~previously~~ convicted of anany offense	69331
under ~~this division, violation~~Title LVII of the Revised Code, the	69332
person is guilty of a felony of the fourth degree.	69333

(B) Whoever violates section 5743.111, 5743.112, 5743.13,	69334
5743.14, 5743.59, or 5743.60 of the Revised Code is guilty of a	69335
felony of the fourth degree. If the ~~offender~~person previously has	69336
been ~~previously~~ convicted of anany offense under ~~this division,~~	69337
~~violation~~Title LVII of the Revised Code, the person is guilty of	69338
a felony of the second degree.	69339

(C) Whoever violates section 5743.19 of the Revised Code is	69340
guilty of a misdemeanor of the fourth degree. If the person	69341
previously has been convicted once of any offense under Title LVII	69342
of the Revised Code, the person is guilty of a misdemeanor of the	69343
first degree. If the person previously has been convicted more	69344
than once of any offense under Title LVII of the Revised Code, the	69345
person is guilty of a felony of the fourth degree.	69346

(D) Whoever violates section 5743.41 or 5743.42 of the	69347
Revised Code is guilty of a misdemeanor of the fourth degree. If	69348
the ~~offender~~person previously has been ~~previously~~ convicted of an	69349
any offense under ~~this division, violation~~Title LVII of the	69350
Revised Code, the person is guilty of a misdemeanor of the third	69351
degree.	69352

~~(D)~~(E) Whoever violates section 5743.21 of the Revised Code	69353
is guilty of a misdemeanor of the first degree. If the ~~offender~~	69354
person previously has been ~~previously~~ convicted of anany offense	69355
under ~~this division, violation~~Title LVII of the Revised Code, the	69356
person is guilty of a felony of the fifth degree.	69357

~~(E)~~(F) Whoever violates division (F) of section 5743.03 of	69358
the Revised Code is guilty of a misdemeanor of the fourth degree.	69359

~~(F)~~(G) Whoever violates any provision of this chapter, or any	69360
rule promulgated by the tax commissioner under authority of this	69361
chapter, for the violation of which no penalty is provided	69362
elsewhere, is guilty of a minor misdemeanor. If the person	69363
previously has been convicted of any offense under Title LVII of	69364
the Revised Code, the person is guilty of a misdemeanor of the	69365
~~fourth~~first degree.	69366

~~(G)~~(H) In addition to any other penalty imposed upon a person	69367
convicted of a violation of section 5743.112 or 5743.60 of the	69368
Revised Code who was the operator of a motor vehicle used in the	69369
violation, the court shall suspend for not less than thirty days	69370
or more than three years the offender's driver's license,	69371
commercial driver's license, temporary instruction permit,	69372
probationary license, or nonresident operating privilege. The	69373
court shall send a copy of its suspension order and determination	69374
to the registrar of motor vehicles, and the registrar, pursuant to	69375
the order and determination, shall impose a suspension of the same	69376
duration. No judge shall suspend the first thirty days of	69377
suspension of an offender's license, permit, or privilege required	69378
by this division.	69379

Sec. 5747.01. Except as otherwise expressly provided or	69380
clearly appearing from the context, any term used in this chapter	69381
that is not otherwise defined in this section has the same meaning	69382
as when used in a comparable context in the laws of the United	69383
States relating to federal income taxes or if not used in a	69384
comparable context in those laws, has the same meaning as in	69385
section 5733.40 of the Revised Code. Any reference in this chapter	69386
to the Internal Revenue Code includes other laws of the United	69387
States relating to federal income taxes.	69388

As used in this chapter:

69389

(A) "Adjusted gross income" or "Ohio adjusted gross income"	69390
means federal adjusted gross income, as defined and used in the	69391
Internal Revenue Code, adjusted as provided in this section:	69392

(1) Add interest or dividends on obligations or securities of	69393
any state or of any political subdivision or authority of any	69394
state, other than this state and its subdivisions and authorities.	69395

(2) Add interest or dividends on obligations of any	69396
authority, commission, instrumentality, territory, or possession	69397
of the United States to the extent that the interest or dividends	69398
are exempt from federal income taxes but not from state income	69399
taxes.	69400

(3) Deduct interest or dividends on obligations of the United	69401
States and its territories and possessions or of any authority,	69402
commission, or instrumentality of the United States to the extent	69403
that the interest or dividends are included in federal adjusted	69404
gross income but exempt from state income taxes under the laws of	69405
the United States.	69406

(4) Deduct disability and survivor's benefits to the extent	69407
included in federal adjusted gross income.	69408

(5) Deduct benefits under Title II of the Social Security Act	69409
and tier 1 railroad retirement benefits to the extent included in	69410
federal adjusted gross income under section 86 of the Internal	69411
Revenue Code.	69412

(6) In the case of a taxpayer who is a beneficiary of a trust	69413
that makes an accumulation distribution as defined in section 665	69414
of the Internal Revenue Code, add, for the beneficiary's taxable	69415
years beginning before 2002 ~~or after 2004~~, the portion, if any, of	69416
such distribution that does not exceed the undistributed net	69417
income of the trust for the three taxable years preceding the	69418
taxable year in which the distribution is made to the extent that	69419
the portion was not included in the trust's taxable income for any	69420
of the trust's taxable years beginning in 2002~~, 2003,~~ or ~~2004~~	69421
thereafter. "Undistributed net income of a trust" means the	69422
taxable income of the trust increased by (a)(i) the additions to	69423
adjusted gross income required under division (A) of this section	69424
and (ii) the personal exemptions allowed to the trust pursuant to	69425
section 642(b) of the Internal Revenue Code, and decreased by	69426
(b)(i) the deductions to adjusted gross income required under	69427
division (A) of this section, (ii) the amount of federal income	69428
taxes attributable to such income, and (iii) the amount of taxable	69429
income that has been included in the adjusted gross income of a	69430
beneficiary by reason of a prior accumulation distribution. Any	69431
undistributed net income included in the adjusted gross income of	69432
a beneficiary shall reduce the undistributed net income of the	69433
trust commencing with the earliest years of the accumulation	69434
period.	69435

(7) Deduct the amount of wages and salaries, if any, not	69436
otherwise allowable as a deduction but that would have been	69437
allowable as a deduction in computing federal adjusted gross	69438
income for the taxable year, had the targeted jobs credit allowed	69439
and determined under sections 38, 51, and 52 of the Internal	69440
Revenue Code not been in effect.	69441

(8) Deduct any interest or interest equivalent on public	69442
obligations and purchase obligations to the extent that the	69443
interest or interest equivalent is included in federal adjusted	69444
gross income.	69445

(9) Add any loss or deduct any gain resulting from the sale,	69446
exchange, or other disposition of public obligations to the extent	69447
that the loss has been deducted or the gain has been included in	69448
computing federal adjusted gross income.	69449

(10) Deduct or add amounts, as provided under section 5747.70	69450
of the Revised Code, related to contributions to variable college	69451
savings program accounts made or tuition ~~credits~~units purchased	69452
pursuant to Chapter 3334. of the Revised Code.	69453

(11)(a) Deduct, to the extent not otherwise allowable as a	69454
deduction or exclusion in computing federal or Ohio adjusted gross	69455
income for the taxable year, the amount the taxpayer paid during	69456
the taxable year for medical care insurance and qualified	69457
long-term care insurance for the taxpayer, the taxpayer's spouse,	69458
and dependents. No deduction for medical care insurance under	69459
division (A)(11) of this section shall be allowed either to any	69460
taxpayer who is eligible to participate in any subsidized health	69461
plan maintained by any employer of the taxpayer or of the	69462
taxpayer's spouse, or to any taxpayer who is entitled to, or on	69463
application would be entitled to, benefits under part A of Title	69464
XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	69465
301, as amended. For the purposes of division (A)(11)(a) of this	69466
section, "subsidized health plan" means a health plan for which	69467
the employer pays any portion of the plan's cost. The deduction	69468
allowed under division (A)(11)(a) of this section shall be the net	69469
of any related premium refunds, related premium reimbursements, or	69470
related insurance premium dividends received during the taxable	69471
year.	69472

(b) Deduct, to the extent not otherwise deducted or excluded	69473
in computing federal or Ohio adjusted gross income during the	69474
taxable year, the amount the taxpayer paid during the taxable	69475
year, not compensated for by any insurance or otherwise, for	69476
medical care of the taxpayer, the taxpayer's spouse, and	69477
dependents, to the extent the expenses exceed seven and one-half	69478
per cent of the taxpayer's federal adjusted gross income.	69479

(c) For purposes of division (A)(11) of this section,	69480
"medical care" has the meaning given in section 213 of the	69481
Internal Revenue Code, subject to the special rules, limitations,	69482
and exclusions set forth therein, and "qualified long-term care"	69483
has the same meaning given in section 7702(B)(b) of the Internal	69484
Revenue Code.	69485

(12)(a) Deduct any amount included in federal adjusted gross	69486
income solely because the amount represents a reimbursement or	69487
refund of expenses that in any year the taxpayer had deducted as	69488
an itemized deduction pursuant to section 63 of the Internal	69489
Revenue Code and applicable United States department of the	69490
treasury regulations. The deduction otherwise allowed under	69491
division (A)(12)(a) of this section shall be reduced to the extent	69492
the reimbursement is attributable to an amount the taxpayer	69493
deducted under this section in any taxable year.	69494

(b) Add any amount not otherwise included in Ohio adjusted	69495
gross income for any taxable year to the extent that the amount is	69496
attributable to the recovery during the taxable year of any amount	69497
deducted or excluded in computing federal or Ohio adjusted gross	69498
income in any taxable year.	69499

(13) Deduct any portion of the deduction described in section	69500
1341(a)(2) of the Internal Revenue Code, for repaying previously	69501
reported income received under a claim of right, that meets both	69502
of the following requirements:	69503

(a) It is allowable for repayment of an item that was	69504
included in the taxpayer's adjusted gross income for a prior	69505
taxable year and did not qualify for a credit under division (A)	69506
or (B) of section 5747.05 of the Revised Code for that year;	69507

(b) It does not otherwise reduce the taxpayer's adjusted	69508
gross income for the current or any other taxable year.	69509

(14) Deduct an amount equal to the deposits made to, and net	69510
investment earnings of, a medical savings account during the	69511
taxable year, in accordance with section 3924.66 of the Revised	69512
Code. The deduction allowed by division (A)(14) of this section	69513
does not apply to medical savings account deposits and earnings	69514
otherwise deducted or excluded for the current or any other	69515
taxable year from the taxpayer's federal adjusted gross income.	69516

(15)(a) Add an amount equal to the funds withdrawn from a	69517
medical savings account during the taxable year, and the net	69518
investment earnings on those funds, when the funds withdrawn were	69519
used for any purpose other than to reimburse an account holder	69520
for, or to pay, eligible medical expenses, in accordance with	69521
section 3924.66 of the Revised Code;	69522

(b) Add the amounts distributed from a medical savings	69523
account under division (A)(2) of section 3924.68 of the Revised	69524
Code during the taxable year.	69525

(16) Add any amount claimed as a credit under section	69526
5747.059 of the Revised Code to the extent that such amount	69527
satisfies either of the following:	69528

(a) The amount was deducted or excluded from the computation	69529
of the taxpayer's federal adjusted gross income as required to be	69530
reported for the taxpayer's taxable year under the Internal	69531
Revenue Code;	69532

(b) The amount resulted in a reduction of the taxpayer's	69533
federal adjusted gross income as required to be reported for any	69534
of the taxpayer's taxable years under the Internal Revenue Code.	69535

(17) Deduct the amount contributed by the taxpayer to an	69536
individual development account program established by a county	69537
department of job and family services pursuant to sections 329.11	69538
to 329.14 of the Revised Code for the purpose of matching funds	69539
deposited by program participants. On request of the tax	69540
commissioner, the taxpayer shall provide any information that, in	69541
the tax commissioner's opinion, is necessary to establish the	69542
amount deducted under division (A)(17) of this section.	69543

(18) Beginning in taxable year 2001 but not for any taxable	69544
year beginning after December 31, 2005, if the taxpayer is married	69545
and files a joint return and the combined federal adjusted gross	69546
income of the taxpayer and the taxpayer's spouse for the taxable	69547
year does not exceed one hundred thousand dollars, or if the	69548
taxpayer is single and has a federal adjusted gross income for the	69549
taxable year not exceeding fifty thousand dollars, deduct amounts	69550
paid during the taxable year for qualified tuition and fees paid	69551
to an eligible institution for the taxpayer, the taxpayer's	69552
spouse, or any dependent of the taxpayer, who is a resident of	69553
this state and is enrolled in or attending a program that	69554
culminates in a degree or diploma at an eligible institution. The	69555
deduction may be claimed only to the extent that qualified tuition	69556
and fees are not otherwise deducted or excluded for any taxable	69557
year from federal or Ohio adjusted gross income. The deduction may	69558
not be claimed for educational expenses for which the taxpayer	69559
claims a credit under section 5747.27 of the Revised Code.	69560

(19) Add any reimbursement received during the taxable year	69561
of any amount the taxpayer deducted under division (A)(18) of this	69562
section in any previous taxable year to the extent the amount is	69563
not otherwise included in Ohio adjusted gross income.	69564

(20)(a)(i) Add five-sixths of the amount of depreciation	69565
expense allowed by subsection (k) of section 168 of the Internal	69566
Revenue Code, including the taxpayer's proportionate or	69567
distributive share of the amount of depreciation expense allowed	69568
by that subsection to a pass-through entity in which the taxpayer	69569
has a direct or indirect ownership interest.	69570

(ii) Add five-sixths of the amount of qualifying section 179	69571
depreciation expense, including a person's proportionate or	69572
distributive share of the amount of qualifying section 179	69573
depreciation expense allowed to any pass-through entity in which	69574
the person has a direct or indirect ownership. For the purposes of	69575
this division, "qualifying section 179 depreciation expense" means	69576
the difference between (I) the amount of depreciation expense	69577
directly or indirectly allowed to the taxpayer under section 179	69578
of the Internal Revenue Code, and (II) the amount of depreciation	69579
expense directly or indirectly allowed to the taxpayer under	69580
section 179 of the Internal Revenue Code as that section existed	69581
on December 31, 2002.	69582

The tax commissioner, under procedures established by the	69583
commissioner, may waive the add-backs related to a pass-through	69584
entity if the taxpayer owns, directly or indirectly, less than	69585
five per cent of the pass-through entity.	69586

(b) Nothing in division (A)(20) of this section shall be	69587
construed to adjust or modify the adjusted basis of any asset.	69588

(c) To the extent the add-back required under division	69589
(A)(20)(a) of this section is attributable to property generating	69590
nonbusiness income or loss allocated under section 5747.20 of the	69591
Revised Code, the add-back shall be sitused to the same location	69592
as the nonbusiness income or loss generated by the property for	69593
the purpose of determining the credit under division (A) of	69594
section 5747.05 of the Revised Code. Otherwise, the add-back shall	69595
be apportioned, subject to one or more of the four alternative	69596
methods of apportionment enumerated in section 5747.21 of the	69597
Revised Code.	69598

(d) For the purposes of division (A) of this section, net	69599
operating loss carryback and carryforward shall not include	69600
five-sixths of the allowance of any net operating loss deduction	69601
carryback or carryforward to the taxable year to the extent such	69602
loss resulted from depreciation allowed by section 168(k) of the	69603
Internal Revenue Code and by the qualifying section 179	69604
depreciation expense amount.	69605

(21)(a) If the taxpayer was required to add an amount under	69606
division (A)(20)(a) of this section for a taxable year, deduct	69607
one-fifth of the amount so added for each of the five succeeding	69608
taxable years.	69609

(b) If the amount deducted under division (A)(21)(a) of this	69610
section is attributable to an add-back allocated under division	69611
(A)(20)(c) of this section, the amount deducted shall be sitused	69612
to the same location. Otherwise, the add-back shall be apportioned	69613
using the apportionment factors for the taxable year in which the	69614
deduction is taken, subject to one or more of the four alternative	69615
methods of apportionment enumerated in section 5747.21 of the	69616
Revised Code.	69617

(c) No deduction is available under division (A)(21)(a) of	69618
this section with regard to any depreciation allowed by section	69619
168(k) of the Internal Revenue Code and by the qualifying section	69620
179 depreciation expense amount to the extent that such	69621
depreciation resulted in or increased a federal net operating loss	69622
carryback or carryforward to a taxable year to which division	69623
(A)(20)(d) of this section does not apply.	69624

(B) "Business income" means income, including gain or loss,	69625
arising from transactions, activities, and sources in the regular	69626
course of a trade or business and includes income, gain, or loss	69627
from real property, tangible property, and intangible property if	69628
the acquisition, rental, management, and disposition of the	69629
property constitute integral parts of the regular course of a	69630
trade or business operation. "Business income" includes income,	69631
including gain or loss, from a partial or complete liquidation of	69632
a business, including, but not limited to, gain or loss from the	69633
sale or other disposition of goodwill.	69634

(C) "Nonbusiness income" means all income other than business	69635
income and may include, but is not limited to, compensation, rents	69636
and royalties from real or tangible personal property, capital	69637
gains, interest, dividends and distributions, patent or copyright	69638
royalties, or lottery winnings, prizes, and awards.	69639

(D) "Compensation" means any form of remuneration paid to an	69640
employee for personal services.	69641

(E) "Fiduciary" means a guardian, trustee, executor,	69642
administrator, receiver, conservator, or any other person acting	69643
in any fiduciary capacity for any individual, trust, or estate.	69644

(F) "Fiscal year" means an accounting period of twelve months	69645
ending on the last day of any month other than December.	69646

(G) "Individual" means any natural person.

69647

(H) "Internal Revenue Code" means the "Internal Revenue Code	69648
of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	69649

(I) "Resident" means any of the following, provided that	69650
division (I)(3) of this section applies only to taxable years of a	69651
trust beginning in 2002~~, 2003,~~ or ~~2004~~thereafter:	69652

(1) An individual who is domiciled in this state, subject to	69653
section 5747.24 of the Revised Code;	69654

(2) The estate of a decedent who at the time of death was	69655
domiciled in this state. The domicile tests of section 5747.24 of	69656
the Revised Code and any election under section 5747.25 of the	69657
Revised Code are not controlling for purposes of division (I)(2)	69658
of this section.	69659

(3) A trust that, in whole or part, resides in this state. If	69660
only part of a trust resides in this state, the trust is a	69661
resident only with respect to that part.	69662

For the purposes of division (I)(3) of this section:

69663

(a) A trust resides in this state for the trust's current	69664
taxable year to the extent, as described in division (I)(3)(d) of	69665
this section, that the trust consists directly or indirectly, in	69666
whole or in part, of assets, net of any related liabilities, that	69667
were transferred, or caused to be transferred, directly or	69668
indirectly, to the trust by any of the following:	69669

(i) A person, a court, or a governmental entity or	69670
instrumentality on account of the death of a decedent, but only if	69671
the trust is described in division (I)(3)(e)(i) or (ii) of this	69672
section;	69673

(ii) A person who was domiciled in this state for the	69674
purposes of this chapter when the person directly or indirectly	69675
transferred assets to an irrevocable trust, but only if at least	69676
one of the trust's qualifying beneficiaries is domiciled in this	69677
state for the purposes of this chapter during all or some portion	69678
of the trust's current taxable year;	69679

(iii) A person who was domiciled in this state for the	69680
purposes of this chapter when the trust document or instrument or	69681
part of the trust document or instrument became irrevocable, but	69682
only if at least one of the trust's qualifying beneficiaries is a	69683
resident domiciled in this state for the purposes of this chapter	69684
during all or some portion of the trust's current taxable year. If	69685
a trust document or instrument became irrevocable upon the death	69686
of a person who at the time of death was domiciled in this state	69687
for purposes of this chapter, that person is a person described in	69688
division (I)(3)(a)(iii) of this section.	69689

(b) A trust is irrevocable to the extent that the transferor	69690
is not considered to be the owner of the net assets of the trust	69691
under sections 671 to 678 of the Internal Revenue Code.	69692

(c) With respect to a trust other than a charitable lead	69693
trust, "qualifying beneficiary" has the same meaning as "potential	69694
current beneficiary" as defined in section 1361(e)(2) of the	69695
Internal Revenue Code, and with respect to a charitable lead trust	69696
"qualifying beneficiary" is any current,or future~~, or contingent~~	69697
beneficiary, but with respect to any trust "qualifying	69698
beneficiary" excludes a person or a governmental entity or	69699
instrumentality to any of which a contribution would qualify for	69700
the charitable deduction under section 170 of the Internal Revenue	69701
Code.	69702

(d) For the purposes of division (I)(3)(a) of this section,	69703
the extent to which a trust consists directly or indirectly, in	69704
whole or in part, of assets, net of any related liabilities, that	69705
were transferred directly or indirectly, in whole or part, to the	69706
trust by any of the sources enumerated in that division shall be	69707
ascertained by multiplying the fair market value of the trust's	69708
assets, net of related liabilities, by the qualifying ratio, which	69709
shall be computed as follows:	69710

(i) The first time the trust receives assets, the numerator	69711
of the qualifying ratio is the fair market value of those assets	69712
at that time, net of any related liabilities, from sources	69713
enumerated in division (I)(3)(a) of this section. The denominator	69714
of the qualifying ratio is the fair market value of all the	69715
trust's assets at that time, net of any related liabilities.	69716

(ii) Each subsequent time the trust receives assets, a	69717
revised qualifying ratio shall be computed. The numerator of the	69718
revised qualifying ratio is the sum of (1) the fair market value	69719
of the trust's assets immediately prior to the subsequent	69720
transfer, net of any related liabilities, multiplied by the	69721
qualifying ratio last computed without regard to the subsequent	69722
transfer, and (2) the fair market value of the subsequently	69723
transferred assets at the time transferred, net of any related	69724
liabilities, from sources enumerated in division (I)(3)(a) of this	69725
section. The denominator of the revised qualifying ratio is the	69726
fair market value of all the trust's assets immediately after the	69727
subsequent transfer, net of any related liabilities.	69728

(iii) Whether a transfer to the trust is by or from any of	69729
the sources enumerated in division (I)(3)(a) of this section shall	69730
be ascertained without regard to the domicile of the trust's	69731
beneficiaries.	69732

(e) For the purposes of division (I)(3)(a)(i) of this	69733
section:	69734

(i) A trust is described in division (I)(3)(e)(i) of this	69735
section if the trust is a testamentary trust and the testator of	69736
that testamentary trust was domiciled in this state at the time of	69737
the testator's death for purposes of the taxes levied under	69738
Chapter 5731. of the Revised Code.	69739

(ii) A trust is described in division (I)(3)(e)(ii) of this	69740
section if the transfer is a qualifying transfer described in any	69741
of divisions (I)(3)(f)(i) to (vi) of this section, the trust is an	69742
irrevocable inter vivos trust, and at least one of the trust's	69743
qualifying beneficiaries is domiciled in this state for purposes	69744
of this chapter during all or some portion of the trust's current	69745
taxable year.	69746

(f) For the purposes of division (I)(3)(e)(ii) of this	69747
section, a "qualifying transfer" is a transfer of assets, net of	69748
any related liabilities, directly or indirectly to a trust, if the	69749
transfer is described in any of the following:	69750

(i) The transfer is made to a trust, created by the decedent	69751
before the decedent's death and while the decedent was domiciled	69752
in this state for the purposes of this chapter, and, prior to the	69753
death of the decedent, the trust became irrevocable while the	69754
decedent was domiciled in this state for the purposes of this	69755
chapter.	69756

(ii) The transfer is made to a trust to which the decedent,	69757
prior to the decedent's death, had directly or indirectly	69758
transferred assets, net of any related liabilities, while the	69759
decedent was domiciled in this state for the purposes of this	69760
chapter, and prior to the death of the decedent the trust became	69761
irrevocable while the decedent was domiciled in this state for the	69762
purposes of this chapter.	69763

(iii) The transfer is made on account of a contractual	69764
relationship existing directly or indirectly between the	69765
transferor and either the decedent or the estate of the decedent	69766
at any time prior to the date of the decedent's death, and the	69767
decedent was domiciled in this state at the time of death for	69768
purposes of the taxes levied under Chapter 5731. of the Revised	69769
Code.	69770

(iv) The transfer is made to a trust on account of a	69771
contractual relationship existing directly or indirectly between	69772
the transferor and another person who at the time of the	69773
decedent's death was domiciled in this state for purposes of this	69774
chapter.	69775

(v) The transfer is made to a trust on account of the will of	69776
a testator.	69777

(vi) The transfer is made to a trust created by or caused to	69778
be created by a court, and the trust was directly or indirectly	69779
created in connection with or as a result of the death of an	69780
individual who, for purposes of the taxes levied under Chapter	69781
5731. of the Revised Code, was domiciled in this state at the time	69782
of the individual's death.	69783

(g) The tax commissioner may adopt rules to ascertain the	69784
part of a trust residing in this state.	69785

(J) "Nonresident" means an individual or estate that is not a	69786
resident. An individual who is a resident for only part of a	69787
taxable year is a nonresident for the remainder of that taxable	69788
year.	69789

(K) "Pass-through entity" has the same meaning as in section	69790
5733.04 of the Revised Code.	69791

(L) "Return" means the notifications and reports required to	69792
be filed pursuant to this chapter for the purpose of reporting the	69793
tax due and includes declarations of estimated tax when so	69794
required.	69795

(M) "Taxable year" means the calendar year or the taxpayer's	69796
fiscal year ending during the calendar year, or fractional part	69797
thereof, upon which the adjusted gross income is calculated	69798
pursuant to this chapter.	69799

(N) "Taxpayer" means any person subject to the tax imposed by	69800
section 5747.02 of the Revised Code or any pass-through entity	69801
that makes the election under division (D) of section 5747.08 of	69802
the Revised Code.	69803

(O) "Dependents" means dependents as defined in the Internal	69804
Revenue Code and as claimed in the taxpayer's federal income tax	69805
return for the taxable year or which the taxpayer would have been	69806
permitted to claim had the taxpayer filed a federal income tax	69807
return.	69808

(P) "Principal county of employment" means, in the case of a	69809
nonresident, the county within the state in which a taxpayer	69810
performs services for an employer or, if those services are	69811
performed in more than one county, the county in which the major	69812
portion of the services are performed.	69813

(Q) As used in sections 5747.50 to 5747.55 of the Revised	69814
Code:	69815

(1) "Subdivision" means any county, municipal corporation,	69816
park district, or township.	69817

(2) "Essential local government purposes" includes all	69818
functions that any subdivision is required by general law to	69819
exercise, including like functions that are exercised under a	69820
charter adopted pursuant to the Ohio Constitution.	69821

(R) "Overpayment" means any amount already paid that exceeds	69822
the figure determined to be the correct amount of the tax.	69823

(S) "Taxable income" or "Ohio taxable income" applies only to	69824
estates and trusts, and means federal taxable income, as defined	69825
and used in the Internal Revenue Code, adjusted as follows:	69826

(1) Add interest or dividends, net of ordinary, necessary,	69827
and reasonable expenses not deducted in computing federal taxable	69828
income, on obligations or securities of any state or of any	69829
political subdivision or authority of any state, other than this	69830
state and its subdivisions and authorities, but only to the extent	69831
that such net amount is not otherwise includible in Ohio taxable	69832
income and is described in either division (S)(1)(a) or (b) of	69833
this section:	69834

(a) The net amount is not attributable to the S portion of an	69835
electing small business trust and has not been distributed to	69836
beneficiaries for the taxable year;	69837

(b) The net amount is attributable to the S portion of an	69838
electing small business trust for the taxable year.	69839

(2) Add interest or dividends, net of ordinary, necessary,	69840
and reasonable expenses not deducted in computing federal taxable	69841
income, on obligations of any authority, commission,	69842
instrumentality, territory, or possession of the United States to	69843
the extent that the interest or dividends are exempt from federal	69844
income taxes but not from state income taxes, but only to the	69845
extent that such net amount is not otherwise includible in Ohio	69846
taxable income and is described in either division (S)(1)(a) or	69847
(b) of this section;	69848

(3) Add the amount of personal exemption allowed to the	69849
estate pursuant to section 642(b) of the Internal Revenue Code;	69850

(4) Deduct interest or dividends, net of related expenses	69851
deducted in computing federal taxable income, on obligations of	69852
the United States and its territories and possessions or of any	69853
authority, commission, or instrumentality of the United States to	69854
the extent that the interest or dividends are exempt from state	69855
taxes under the laws of the United States, but only to the extent	69856
that such amount is included in federal taxable income and is	69857
described in either division (S)(1)(a) or (b) of this section;	69858

(5) Deduct the amount of wages and salaries, if any, not	69859
otherwise allowable as a deduction but that would have been	69860
allowable as a deduction in computing federal taxable income for	69861
the taxable year, had the targeted jobs credit allowed under	69862
sections 38, 51, and 52 of the Internal Revenue Code not been in	69863
effect, but only to the extent such amount relates either to	69864
income included in federal taxable income for the taxable year or	69865
to income of the S portion of an electing small business trust for	69866
the taxable year;	69867

(6) Deduct any interest or interest equivalent, net of	69868
related expenses deducted in computing federal taxable income, on	69869
public obligations and purchase obligations, but only to the	69870
extent that such net amount relates either to income included in	69871
federal taxable income for the taxable year or to income of the S	69872
portion of an electing small business trust for the taxable year;	69873

(7) Add any loss or deduct any gain resulting from sale,	69874
exchange, or other disposition of public obligations to the extent	69875
that such loss has been deducted or such gain has been included in	69876
computing either federal taxable income or income of the S portion	69877
of an electing small business trust for the taxable year;	69878

(8) Except in the case of the final return of an estate, add	69879
any amount deducted by the taxpayer on both its Ohio estate tax	69880
return pursuant to section 5731.14 of the Revised Code, and on its	69881
federal income tax return in determining federal taxable income;	69882

(9)(a) Deduct any amount included in federal taxable income	69883
solely because the amount represents a reimbursement or refund of	69884
expenses that in a previous year the decedent had deducted as an	69885
itemized deduction pursuant to section 63 of the Internal Revenue	69886
Code and applicable treasury regulations. The deduction otherwise	69887
allowed under division (S)(9)(a) of this section shall be reduced	69888
to the extent the reimbursement is attributable to an amount the	69889
taxpayer or decedent deducted under this section in any taxable	69890
year.	69891

(b) Add any amount not otherwise included in Ohio taxable	69892
income for any taxable year to the extent that the amount is	69893
attributable to the recovery during the taxable year of any amount	69894
deducted or excluded in computing federal or Ohio taxable income	69895
in any taxable year, but only to the extent such amount has not	69896
been distributed to beneficiaries for the taxable year.	69897

(10) Deduct any portion of the deduction described in section	69898
1341(a)(2) of the Internal Revenue Code, for repaying previously	69899
reported income received under a claim of right, that meets both	69900
of the following requirements:	69901

(a) It is allowable for repayment of an item that was	69902
included in the taxpayer's taxable income or the decedent's	69903
adjusted gross income for a prior taxable year and did not qualify	69904
for a credit under division (A) or (B) of section 5747.05 of the	69905
Revised Code for that year.	69906

(b) It does not otherwise reduce the taxpayer's taxable	69907
income or the decedent's adjusted gross income for the current or	69908
any other taxable year.	69909

(11) Add any amount claimed as a credit under section	69910
5747.059 of the Revised Code to the extent that the amount	69911
satisfies either of the following:	69912

(a) The amount was deducted or excluded from the computation	69913
of the taxpayer's federal taxable income as required to be	69914
reported for the taxpayer's taxable year under the Internal	69915
Revenue Code;	69916

(b) The amount resulted in a reduction in the taxpayer's	69917
federal taxable income as required to be reported for any of the	69918
taxpayer's taxable years under the Internal Revenue Code.	69919

(12) Deduct any amount, net of related expenses deducted in	69920
computing federal taxable income, that a trust is required to	69921
report as farm income on its federal income tax return, but only	69922
if the assets of the trust include at least ten acres of land	69923
satisfying the definition of "land devoted exclusively to	69924
agricultural use" under section 5713.30 of the Revised Code,	69925
regardless of whether the land is valued for tax purposes as such	69926
land under sections 5713.30 to 5713.38 of the Revised Code. If the	69927
trust is a pass-though entity investor, section 5747.231 of the	69928
Revised Code applies in ascertaining if the trust is eligible to	69929
claim the deduction provided by division (S)(12) of this section	69930
in connection with the pass-through entity's farm income.	69931

Except for farm income attributable to the S portion of an	69932
electing small business trust, the deduction provided by division	69933
(S)(12) of this section is allowed only to the extent that the	69934
trust has not distributed such farm income. Division (S)(12) of	69935
this section applies only to taxable years of a trust beginning in	69936
2002~~, 2003,~~ or ~~2004~~thereafter.	69937

(13) Add the net amount of income described in section 641(c)	69938
of the Internal Revenue Code to the extent that amount is not	69939
included in federal taxable income.	69940

(14) Add or deduct the amount the taxpayer would be required	69941
to add or deduct under division (A)(20) or (21) of this section if	69942
the taxpayer's Ohio taxable income were computed in the same	69943
manner as an individual's Ohio adjusted gross income is computed	69944
under this section. In the case of a trust, division (S)(14) of	69945
this section applies only to any of the trust's taxable years	69946
beginning in 2002~~, 2003,~~ or ~~2004~~thereafter.	69947

(T) "School district income" and "school district income tax"	69948
have the same meanings as in section 5748.01 of the Revised Code.	69949

(U) As used in divisions (A)(8), (A)(9), (S)(6), and (S)(7)	69950
of this section, "public obligations," "purchase obligations," and	69951
"interest or interest equivalent" have the same meanings as in	69952
section 5709.76 of the Revised Code.	69953

(V) "Limited liability company" means any limited liability	69954
company formed under Chapter 1705. of the Revised Code or under	69955
the laws of any other state.	69956

(W) "Pass-through entity investor" means any person who,	69957
during any portion of a taxable year of a pass-through entity, is	69958
a partner, member, shareholder, or equity investor in that	69959
pass-through entity.	69960

(X) "Banking day" has the same meaning as in section 1304.01	69961
of the Revised Code.	69962

(Y) "Month" means a calendar month.

69963

(Z) "Quarter" means the first three months, the second three	69964
months, the third three months, or the last three months of the	69965
taxpayer's taxable year.	69966

(AA)(1) "Eligible institution" means a state university or	69967
state institution of higher education as defined in section	69968
3345.011 of the Revised Code, or a private, nonprofit college,	69969
university, or other post-secondary institution located in this	69970
state that possesses a certificate of authorization issued by the	69971
Ohio board of regents pursuant to Chapter 1713. of the Revised	69972
Code or a certificate of registration issued by the state board of	69973
career colleges and schools under Chapter 3332. of the Revised	69974
Code.	69975

(2) "Qualified tuition and fees" means tuition and fees	69976
imposed by an eligible institution as a condition of enrollment or	69977
attendance, not exceeding two thousand five hundred dollars in	69978
each of the individual's first two years of post-secondary	69979
education. If the individual is a part-time student, "qualified	69980
tuition and fees" includes tuition and fees paid for the academic	69981
equivalent of the first two years of post-secondary education	69982
during a maximum of five taxable years, not exceeding a total of	69983
five thousand dollars. "Qualified tuition and fees" does not	69984
include:	69985

(a) Expenses for any course or activity involving sports,	69986
games, or hobbies unless the course or activity is part of the	69987
individual's degree or diploma program;	69988

(b) The cost of books, room and board, student activity fees,	69989
athletic fees, insurance expenses, or other expenses unrelated to	69990
the individual's academic course of instruction;	69991

(c) Tuition, fees, or other expenses paid or reimbursed	69992
through an employer, scholarship, grant in aid, or other	69993
educational benefit program.	69994

(BB)(1) "Modified business income" means the business income	69995
included in a trust's Ohio taxable income after such taxable	69996
income is first reduced by the qualifying trust amount, if any.	69997

(2) "Qualifying trust amount" of a trust means capital gains	69998
and losses from the sale, exchange, or other disposition of equity	69999
or ownership interests in, or debt obligations of, a qualifying	70000
investee to the extent included in the trust's Ohio taxable	70001
income, but only if the following requirements are satisfied:	70002

(a) The book value of the qualifying investee's physical	70003
assets in this state and everywhere, as of the last day of the	70004
qualifying investee's fiscal or calendar year ending immediately	70005
prior to the date on which the trust recognizes the gain or loss,	70006
is available to the trust.	70007

(b) The requirements of section 5747.011 of the Revised Code	70008
are satisfied for the trust's taxable year in which the trust	70009
recognizes the gain or loss.	70010

Any gain or loss that is not a qualifying trust amount is	70011
modified business income, qualifying investment income, or	70012
modified nonbusiness income, as the case may be.	70013

(3) "Modified nonbusiness income" means a trust's Ohio	70014
taxable income other than modified business income, other than the	70015
qualifying trust amount, and other than qualifying investment	70016
income, as defined in section 5747.012 of the Revised Code, to the	70017
extent such qualifying investment income is not otherwise part of	70018
modified business income.	70019

(4) "Modified Ohio taxable income" applies only to trusts,	70020
and means the sum of the amounts described in divisions (BB)(4)(a)	70021
to (c) of this section:	70022

(a) The fraction, calculated under section 5747.013, and	70023
applying section 5747.231 of the Revised Code, multiplied by the	70024
sum of the following amounts:	70025

(i) The trust's modified business income;

70026

(ii) The trust's qualifying investment income, as defined in	70027
section 5747.012 of the Revised Code, but only to the extent the	70028
qualifying investment income does not otherwise constitute	70029
modified business income and does not otherwise constitute a	70030
qualifying trust amount.	70031

(b) The qualifying trust amount multiplied by a fraction, the	70032
numerator of which is the sum of the book value of the qualifying	70033
investee's physical assets in this state on the last day of the	70034
qualifying investee's fiscal or calendar year ending immediately	70035
prior to the day on which the trust recognizes the qualifying	70036
trust amount, and the denominator of which is the sum of the book	70037
value of the qualifying investee's total physical assets	70038
everywhere on the last day of the qualifying investee's fiscal or	70039
calendar year ending immediately prior to the day on which the	70040
trust recognizes the qualifying trust amount. If, for a taxable	70041
year, the trust recognizes a qualifying trust amount with respect	70042
to more than one qualifying investee, the amount described in	70043
division (BB)(4)(b) of this section shall equal the sum of the	70044
products so computed for each such qualifying investee.	70045

(c)(i) With respect to a trust or portion of a trust that is	70046
a resident as ascertained in accordance with division (I)(3)(d) of	70047
this section, its modified nonbusiness income.	70048

(ii) With respect to a trust or portion of a trust that is	70049
not a resident as ascertained in accordance with division	70050
(I)(3)(d) of this section, the amount of its modified nonbusiness	70051
income satisfying the descriptions in divisions (B)(2) to (5) of	70052
section 5747.20 of the Revised Code.	70053

If the allocation and apportionment of a trust's income under	70054
divisions (BB)(4)(a) and (c) of this section do not fairly	70055
represent the modified Ohio taxable income of the trust in this	70056
state, the alternative methods described in division (C) of	70057
section 5747.21 of the Revised Code may be applied in the manner	70058
and to the same extent provided in that section.	70059

(5)(a) Except as set forth in division (BB)(5)(b) of this	70060
section, "qualifying investee" means a person in which a trust has	70061
an equity or ownership interest, or a person or unit of government	70062
the debt obligations of either of which are owned by a trust. For	70063
the purposes of division (BB)(2)(a) of this section and for the	70064
purpose of computing the fraction described in division (BB)(4)(b)	70065
of this section, all of the following apply:	70066

(i) If the qualifying investee is a member of a qualifying	70067
controlled group on the last day of the qualifying investee's	70068
fiscal or calendar year ending immediately prior to the date on	70069
which the trust recognizes the gain or loss, then "qualifying	70070
investee" includes all persons in the qualifying controlled group	70071
on such last day.	70072

(ii) If the qualifying investee, or if the qualifying	70073
investee and any members of the qualifying controlled group of	70074
which the qualifying investee is a member on the last day of the	70075
qualifying investee's fiscal or calendar year ending immediately	70076
prior to the date on which the trust recognizes the gain or loss,	70077
separately or cumulatively own, directly or indirectly, on the	70078
last day of the qualifying investee's fiscal or calendar year	70079
ending immediately prior to the date on which the trust recognizes	70080
the qualifying trust amount, more than fifty per cent of the	70081
equity of a pass-through entity, then the qualifying investee and	70082
the other members are deemed to own the proportionate share of the	70083
pass-through entity's physical assets which the pass-through	70084
entity directly or indirectly owns on the last day of the	70085
pass-through entity's calendar or fiscal year ending within or	70086
with the last day of the qualifying investee's fiscal or calendar	70087
year ending immediately prior to the date on which the trust	70088
recognizes the qualifying trust amount.	70089

(iii) For the purposes of division (BB)(5)(a)(iii) of this	70090
section, "upper level pass-through entity" means a pass-through	70091
entity directly or indirectly owning any equity of another	70092
pass-through entity, and "lower level pass-through entity" means	70093
that other pass-through entity.	70094

An upper level pass-through entity, whether or not it is also	70095
a qualifying investee, is deemed to own, on the last day of the	70096
upper level pass-through entity's calendar or fiscal year, the	70097
proportionate share of the lower level pass-through entity's	70098
physical assets that the lower level pass-through entity directly	70099
or indirectly owns on the last day of the lower level pass-through	70100
entity's calendar or fiscal year ending within or with the last	70101
day of the upper level pass-through entity's fiscal or calendar	70102
year. If the upper level pass-through entity directly and	70103
indirectly owns less than fifty per cent of the equity of the	70104
lower level pass-through entity on each day of the upper level	70105
pass-through entity's calendar or fiscal year in which or with	70106
which ends the calendar or fiscal year of the lower level	70107
pass-through entity and if, based upon clear and convincing	70108
evidence, complete information about the location and cost of the	70109
physical assets of the lower pass-through entity is not available	70110
to the upper level pass-through entity, then solely for purposes	70111
of ascertaining if a gain or loss constitutes a qualifying trust	70112
amount, the upper level pass-through entity shall be deemed as	70113
owning no equity of the lower level pass-through entity for each	70114
day during the upper level pass-through entity's calendar or	70115
fiscal year in which or with which ends the lower level	70116
pass-through entity's calendar or fiscal year. Nothing in division	70117
(BB)(5)(a)(iii) of this section shall be construed to provide for	70118
any deduction or exclusion in computing any trust's Ohio taxable	70119
income.	70120

(b) With respect to a trust that is not a resident for the	70121
taxable year and with respect to a part of a trust that is not a	70122
resident for the taxable year, "qualifying investee" for that	70123
taxable year does not include a C corporation if both of the	70124
following apply:	70125

(i) During the taxable year the trust or part of the trust	70126
recognizes a gain or loss from the sale, exchange, or other	70127
disposition of equity or ownership interests in, or debt	70128
obligations of, the C corporation.	70129

(ii) Such gain or loss constitutes nonbusiness income.

70130

(6) "Available" means information is such that a person is	70131
able to learn of the information by the due date plus extensions,	70132
if any, for filing the return for the taxable year in which the	70133
trust recognizes the gain or loss.	70134

(CC) "Qualifying controlled group" has the same meaning as in	70135
section 5733.04 of the Revised Code.	70136

(DD) "Related member" has the same meaning as in section	70137
5733.042 of the Revised Code.	70138

(EE) ~~Any term used in this chapter that is not otherwise~~	70139
~~defined in this section and that is not used in a comparable~~	70140
~~context in the Internal Revenue Code and other statutes of the~~	70141
~~United States relating to federal income taxes has the same~~	70142
~~meaning as in section 5733.40~~(1) For the purposes of division	70143
(EE) of this section:	70144

(a) "Qualifying person" means any person other than a	70145
qualifying corporation.	70146

(b) "Qualifying corporation" means any person classified for	70147
federal income tax purposes as an association taxable as a	70148
corporation, except either of the following:	70149

(i) A corporation that has made an election under subchapter	70150
S, chapter one, subtitle A, of the Internal Revenue Code for its	70151
taxable year ending within, or on the last day of, the investor's	70152
taxable year;	70153

(ii) A subsidiary that is wholly owned by any corporation	70154
that has made an election under subchapter S, chapter one,	70155
subtitle A of the Internal Revenue Code for its taxable year	70156
ending within, or on the last day of, the investor's taxable year.	70157

(2)(a) For the purposes of this chapter, unless expressly	70158
stated otherwise, no qualifying person indirectly owns any asset	70159
directly or indirectly owned by any qualifying corporation.	70160

(b) For the purposes of this chapter, unless expressly stated	70161
otherwise, no qualifying corporation indirectly owns any asset	70162
directly or indirectly owned by any other qualifying corporation	70163
unless on the first day of the tax year the two corporations	70164
satisfy the ownership and control requirements of division (A) of	70165
section 5733.052 of the Revised Code.	70166

Sec. 5747.02. (A) For the purpose of providing revenue for	70167
the support of schools and local government functions, to provide	70168
relief to property taxpayers, to provide revenue for the general	70169
revenue fund, and to meet the expenses of administering the tax	70170
levied by this chapter, there is hereby levied on every	70171
individual, trust, and estate residing in or earning or receiving	70172
income in this state, on every individual, trust, and estate	70173
earning or receiving lottery winnings, prizes, or awards pursuant	70174
to Chapter 3770. of the Revised Code, and on every individual,	70175
trust, and estate otherwise having nexus with or in this state	70176
under the Constitution of the United States, an annual tax	70177
measured in the case of individuals by Ohio adjusted gross income	70178
less an exemption for the taxpayer, the taxpayer's spouse, and	70179
each dependent as provided in section 5747.025 of the Revised	70180
Code; measured in the case of trusts by modified Ohio taxable	70181
income under division (D) of this section; and measured in the	70182
case of estates by Ohio taxable income. The tax imposed by this	70183
section on the balance thus obtained is hereby levied as follows:	70184

(1) For taxable years beginning in 2004:

70185

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		70186
OR		70187
MODIFIED OHIO		70188
TAXABLE INCOME (TRUSTS)		70189
OR		70190
OHIO TAXABLE INCOME (ESTATES)	TAX	70191

$5,000 or less	.743%	70192
More than $5,000 but not more than $10,000	$37.15 plus 1.486% of the amount in excess of $5,000	70193
More than $10,000 but not more than $15,000	$111.45 plus 2.972% of the amount in excess of $10,000	70194
More than $15,000 but not more than $20,000	$260.05 plus 3.715% of the amount in excess of $15,000	70195
More than $20,000 but not more than $40,000	$445.80 plus 4.457% of the amount in excess of $20,000	70196
More than $40,000 but not more than $80,000	$1,337.20 plus 5.201% of the amount in excess of $40,000	70197
More than $80,000 but not more than $100,000	$3,417.60 plus 5.943% of the amount in excess of $80,000	70198
More than $100,000 but not more than $200,000	$4,606.20 plus 6.9% of the amount in excess of $100,000	70199
More than $200,000	$11,506.20 plus 7.5% of the amount in excess of $200,000	70200

(2) For taxable years beginning in 2005:

70201

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		70202
OR		70203
MODIFIED OHIO		70204
TAXABLE INCOME (TRUSTS)		70205
OR		70206
OHIO TAXABLE INCOME (ESTATES)	TAX	70207

$5,000 or less	.712%	70208
More than $5,000 but not more than $10,000	$35.60 plus 1.424% of the amount in excess of $5,000	70209
More than $10,000 but not more than $15,000	$106.80 plus 2.847% of the amount in excess of $10,000	70210
More than $15,000 but not more than $20,000	$249.15 plus 3.559% of the amount in excess of $15,000	70211
More than $20,000 but not more than $40,000	$427.10 plus 4.27% of the amount in excess of $20,000	70212
More than $40,000 but not more than $80,000	$1,281.10 plus 4.983% of the amount in excess of $40,000	70213
More than $80,000 but not more than $100,000	$3,274.30 plus 5.693% of the amount in excess of $80,000	70214
More than $100,000 but not more than $200,000	$4,412.90 plus 6.61% of the amount in excess of $100,000	70215
More than $200,000	$11,022.90 plus 7.185% of the amount in excess of $200,000	70216

(3) For taxable years beginning in 2006:

70217

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		70218
OR		70219
MODIFIED OHIO		70220
TAXABLE INCOME (TRUSTS)		70221
OR		70222
OHIO TAXABLE INCOME (ESTATES)	TAX	70223

$5,000 or less	.681%	70224
More than $5,000 but not more than $10,000	$34.05 plus 1.361% of the amount in excess of $5,000	70225
More than $10,000 but not more than $15,000	$102.10 plus 2.722% of the amount in excess of $10,000	70226
More than $15,000 but not more than $20,000	$238.20 plus 3.403% of the amount in excess of $15,000	70227
More than $20,000 but not more than $40,000	$408.35 plus 4.083% of the amount in excess of $20,000	70228
More than $40,000 but not more than $80,000	$1,224.95 plus 4.764% of the amount in excess of $40,000	70229
More than $80,000 but not more than $100,000	$3,130.55 plus 5.444% of the amount in excess of $80,000	70230
More than $100,000 but not more than $200,000	$4,219.35 plus 6.32% of the amount in excess of $100,000	70231
More than $200,000	$10,539.35 plus 6.87% of the amount in excess of $200,000	70232

(4) For taxable years beginning in 2007:

70233

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		70234
OR		70235
MODIFIED OHIO		70236
TAXABLE INCOME (TRUSTS)		70237
OR		70238
OHIO TAXABLE INCOME (ESTATES)	TAX	70239

$5,000 or less	.649%	70240
More than $5,000 but not more than $10,000	$32.45 plus 1.299% of the amount in excess of $5,000	70241
More than $10,000 but not more than $15,000	$97.40 plus 2.598% of the amount in excess of $10,000	70242
More than $15,000 but not more than $20,000	$227.30 plus 3.247% of the amount in excess of $15,000	70243
More than $20,000 but not more than $40,000	$389.65 plus 3.895% of the amount in excess of $20,000	70244
More than $40,000 but not more than $80,000	$1,168.65 plus 4.546% of the amount in excess of $40,000	70245
More than $80,000 but not more than $100,000	$2,987.05 plus 5.194% of the amount in excess of $80,000	70246
More than $100,000 but not more than $200,000	$4,025.85 plus 6.031% of the amount in excess of $100,000	70247
More than $200,000	$10,056.85 plus 6.555% of the amount in excess of $200,000	70248

(5) For taxable years beginning in 2008:

70249

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		70250
OR		70251
MODIFIED OHIO		70252
TAXABLE INCOME (TRUSTS)		70253
OR		70254
OHIO TAXABLE INCOME (ESTATES)	TAX	70255

$5,000 or less	.618%	70256
More than $5,000 but not more than $10,000	$30.90 plus 1.236% of the amount in excess of $5,000	70257
More than $10,000 but not more than $15,000	$92.70 plus 2.473% of the amount in excess of $10,000	70258
More than $15,000 but not more than $20,000	$216.35 plus 3.091% of the amount in excess of $15,000	70259
More than $20,000 but not more than $40,000	$370.90 plus 3.708% of the amount in excess of $20,000	70260
More than $40,000 but not more than $80,000	$1,112.50 plus 4.327% of the amount in excess of $40,000	70261
More than $80,000 but not more than $100,000	$2,843.30 plus 4.945% of the amount in excess of $80,000	70262
More than $100,000 but not more than $200,000	$3,832.30 plus 5.741% of the amount in excess of $100,000	70263
More than $200,000	$9,573.30 plus 6.24% of the amount in excess of $200,000	70264

(6) For taxable years beginning in 2009 or thereafter:

70265

OHIO ADJUSTED GROSS INCOME LESS EXEMPTIONS (INDIVIDUALS)		70266
OR		70267
MODIFIED OHIO		70268
TAXABLE INCOME (TRUSTS)		70269
OR		70270
OHIO TAXABLE INCOME (ESTATES)	TAX	70271

$5,000 or less	.587%	70272
More than $5,000 but not more than $10,000	$29.35 plus 1.174% of the amount in excess of $5,000	70273
More than $10,000 but not more than $15,000	$88.05 plus 2.348% of the amount in excess of $10,000	70274
More than $15,000 but not more than $20,000	$205.45 plus 2.935% of the amount in excess of $15,000	70275
More than $20,000 but not more than $40,000	$352.20 plus 3.521% of the amount in excess of $20,000	70276
More than $40,000 but not more than $80,000	$1,056.40 plus 4.109% of the amount in excess of $40,000	70277
More than $80,000 but not more than $100,000	$2,700.00 plus 4.695% of the amount in excess of $80,000	70278
More than $100,000 but not more than $200,000	$3,639.00 plus 5.451% of the amount in excess of $100,000	70279
More than $200,000	$9,090.00 plus 5.925% of the amount in excess of $200,000	70280

In July of each year, beginning in ~~2005~~2010, the tax	70281
commissioner shall adjust the income amounts prescribed in this	70282
division by multiplying the percentage increase in the gross	70283
domestic product deflator computed that year under section	70284
5747.025 of the Revised Code by each of the income amounts	70285
resulting from the adjustment under this division in the preceding	70286
year, adding the resulting product to the corresponding income	70287
amount resulting from the adjustment in the preceding year, and	70288
rounding the resulting sum to the nearest multiple of fifty	70289
dollars. The tax commissioner also shall recompute each of the tax	70290
dollar amounts to the extent necessary to reflect the adjustment	70291
of the income amounts. The rates of taxation shall not be	70292
adjusted.	70293

The adjusted amounts apply to taxable years beginning in the	70294
calendar year in which the adjustments are made. The tax	70295
commissioner shall not make such adjustments in any year in which	70296
the amount resulting from the adjustment would be less than the	70297
amount resulting from the adjustment in the preceding year.	70298

(B) If the director of budget and management makes a	70299
certification to the tax commissioner under division (B) of	70300
section 131.44 of the Revised Code, the amount of tax as	70301
determined under division (A) of this section shall be reduced by	70302
the percentage prescribed in that certification for taxable years	70303
beginning in the calendar year in which that certification is	70304
made.	70305

(C) The levy of this tax on income does not prevent a	70306
municipal corporation, a joint economic development zone created	70307
under section 715.691, or a joint economic development district	70308
created under section 715.70 or 715.71 or sections 715.72 to	70309
715.81 of the Revised Code from levying a tax on income.	70310

(D) This division applies only to taxable years of a trust	70311
beginning in 2002~~, 2003,~~ or ~~2004~~thereafter.	70312

(1) The tax imposed by this section on a trust shall be	70313
computed by multiplying the Ohio modified taxable income of the	70314
trust by the rates prescribed by division (A) of this section.	70315

(2) A credit is allowed against the tax computed under	70316
division (D) of this section equal to the lesser of (1) the tax	70317
paid to another state or the District of Columbia on the trust's	70318
modified nonbusiness income, other than the portion of the trust's	70319
nonbusiness income that is qualifying investment income as defined	70320
in section 5747.012 of the Revised Code, or (2) the effective tax	70321
rate, based on modified Ohio taxable income, multiplied by the	70322
trust's modified nonbusiness income other than the portion of	70323
trust's nonbusiness income that is qualifying investment income.	70324
The credit applies before any other applicable credits.	70325

(3) The credits enumerated in divisions (A)(1) to (13) of	70326
section 5747.98 of the Revised Code do not apply to a trust	70327
subject to this division. Any credits enumerated in other	70328
divisions of section 5747.98 of the Revised Code apply to a trust	70329
subject to this division. To the extent that the trust distributes	70330
income for the taxable year for which a credit is available to the	70331
trust, the credit shall be shared by the trust and its	70332
beneficiaries. The tax commissioner and the trust shall be guided	70333
by applicable regulations of the United States treasury regarding	70334
the sharing of credits.	70335

(E) For the purposes of this section, "trust" means any trust	70336
described in Subchapter J of Chapter 1 of the Internal Revenue	70337
Code, excluding trusts that are not irrevocable as defined in	70338
division (I)(3)(b) of section 5747.01 of the Revised Code and that	70339
have no modified Ohio taxable income for the taxable year,	70340
charitable remainder trusts, qualified funeral trusts and preneed	70341
funeral contract trusts established pursuant to section 1111.19 of	70342
the Revised Code that are not qualified funeral trusts, endowment	70343
and perpetual care trusts, qualified settlement trusts and funds,	70344
designated settlement trusts and funds, and trusts exempted from	70345
taxation under section 501(a) of the Internal Revenue Code.	70346

Sec. 5747.05. As used in this section, "income tax" includes	70347
both a tax on net income and a tax measured by net income.	70348

The following credits shall be allowed against the income tax	70349
imposed by section 5747.02 of the Revised Code on individuals and	70350
estates:	70351

(A)(1) The amount of tax otherwise due under section 5747.02	70352
of the Revised Code on such portion of the adjusted gross income	70353
of any nonresident taxpayer that is not allocable to this state	70354
pursuant to sections 5747.20 to 5747.23 of the Revised Code;	70355

(2) The credit provided under this division shall not exceed	70356
the portion of the total tax due under section 5747.02 of the	70357
Revised Code that the amount of the nonresident taxpayer's	70358
adjusted gross income not allocated to this state pursuant to	70359
sections 5747.20 to 5747.23 of the Revised Code bears to the total	70360
adjusted gross income of the nonresident taxpayer derived from all	70361
sources everywhere.	70362

(3) The tax commissioner may enter into an agreement with the	70363
taxing authorities of any state or of the District of Columbia	70364
that imposes an income tax to provide that compensation paid in	70365
this state to a nonresident taxpayer shall not be subject to the	70366
tax levied in section 5747.02 of the Revised Code so long as	70367
compensation paid in such other state or in the District of	70368
Columbia to a resident taxpayer shall likewise not be subject to	70369
the income tax of such other state or of the District of Columbia.	70370

(B) The lesser of division (B)(1) or (2) of this section:

70371

(1) The amount of tax otherwise due under section 5747.02 of	70372
the Revised Code on such portion of the adjusted gross income of a	70373
resident taxpayer that in another state or in the District of	70374
Columbia is subjected to an income tax. The credit provided under	70375
division (B)(1) of this section shall not exceed the portion of	70376
the total tax due under section 5747.02 of the Revised Code that	70377
the amount of the resident taxpayer's adjusted gross income	70378
subjected to an income tax in the other state or in the District	70379
of Columbia bears to the total adjusted gross income of the	70380
resident taxpayer derived from all sources everywhere.	70381

(2) The amount of income tax liability to another state or	70382
the District of Columbia on the portion of the adjusted gross	70383
income of a resident taxpayer that in another state or in the	70384
District of Columbia is subjected to an income tax. The credit	70385
provided under division (B)(2) of this section shall not exceed	70386
the amount of tax otherwise due under section 5747.02 of the	70387
Revised Code.	70388

(3) If the credit provided under division (B) of this section	70389
is affected by a change in either the portion of adjusted gross	70390
income of a resident taxpayer subjected to an income tax in	70391
another state or the District of Columbia or the amount of income	70392
tax liability that has been paid to another state or the District	70393
of Columbia, the taxpayer shall report the change to the tax	70394
commissioner within sixty days of the change in such form as the	70395
commissioner requires.	70396

(a) In the case of an underpayment, the report shall be	70397
accompanied by payment of any additional tax due as a result of	70398
the reduction in credit together with interest on the additional	70399
tax and is a return subject to assessment under section 5747.13 of	70400
the Revised Code solely for the purpose of assessing any	70401
additional tax due under this division, together with any	70402
applicable penalty and interest. It shall not reopen the	70403
computation of the taxpayer's tax liability under this chapter	70404
from a previously filed return no longer subject to assessment	70405
except to the extent that such liability is affected by an	70406
adjustment to the credit allowed by division (B) of this section.	70407

(b) In the case of an overpayment, an application for refund	70408
may be filed under this division within the sixty day period	70409
prescribed for filing the report even if it is beyond the period	70410
prescribed in section 5747.11 of the Revised Code if it otherwise	70411
conforms to the requirements of such section. An application filed	70412
under this division shall only claim refund of overpayments	70413
resulting from an adjustment to the credit allowed by division (B)	70414
of this section unless it is also filed within the time prescribed	70415
in section 5747.11 of the Revised Code. It shall not reopen the	70416
computation of the taxpayer's tax liability except to the extent	70417
that such liability is affected by an adjustment to the credit	70418
allowed by division (B) of this section.	70419

(4) No credit shall be allowed under division (B) of this	70420
section to the extent that for any taxable year the taxpayer has	70421
directly or indirectly deducted, or was required to directly or	70422
indirectly deduct, the amount of income tax liability to another	70423
state or the District of Columbia in computing federal adjusted	70424
gross income.	70425

(C) For a taxpayer sixty-five years of age or older during	70426
the taxable year, a credit for such year equal to fifty dollars	70427
for each return required to be filed under section 5747.08 of the	70428
Revised Code.	70429

(D) A taxpayer sixty-five years of age or older during the	70430
taxable year who has received a lump-sum distribution from a	70431
pension, retirement, or profit-sharing plan in the taxable year	70432
may elect to receive a credit under this division in lieu of the	70433
credit to which the taxpayer is entitled under division (C) of	70434
this section. A taxpayer making such election shall receive a	70435
credit for the taxable year equal to fifty dollars times the	70436
taxpayer's expected remaining life as shown by annuity tables	70437
issued under the provisions of the Internal Revenue Code and in	70438
effect for the calendar year which includes the last day of the	70439
taxable year. A taxpayer making an election under this division is	70440
not entitled to the credit authorized under division (C) of this	70441
section in subsequent taxable years except that if such election	70442
was made prior to July 1, 1983, the taxpayer is entitled to	70443
one-half the credit authorized under such division in subsequent	70444
taxable years but may not make another election under this	70445
division.	70446

(E) A taxpayer who is not sixty-five years of age or older	70447
during the taxable year who has received a lump-sum distribution	70448
from a pension, retirement, or profit-sharing plan in a taxable	70449
year ending on or before July 31, 1991, may elect to take a credit	70450
against the tax otherwise due under this chapter for such year	70451
equal to fifty dollars times the expected remaining life of a	70452
taxpayer sixty-five years of age as shown by annuity tables issued	70453
under the provisions of the Internal Revenue Code and in effect	70454
for the calendar year which includes the last day of the taxable	70455
year. A taxpayer making an election under this division is not	70456
entitled to a credit under division (C) or (D) of this section in	70457
any subsequent year except that if such election was made prior to	70458
July 1, 1983, the taxpayer is entitled to one-half the credit	70459
authorized under division (C) of this section in subsequent years	70460
but may not make another election under this division. No taxpayer	70461
may make an election under this division for a taxable year ending	70462
on or after August 1, 1991.	70463

(F) A taxpayer making an election under either division (D)	70464
or (E) of this section may make only one such election in the	70465
taxpayer's lifetime.	70466

(G)(1) On a joint return filed by a husband and wife, each of	70467
whom had adjusted gross income of at least five hundred dollars,	70468
exclusive of interest, dividends and distributions, royalties,	70469
rent, and capital gains, a credit equal to the percentage shown in	70470
the table contained in this division of the amount of tax due	70471
after allowing for any other credit that precedes the credit under	70472
this division in the order required under section 5747.98 of the	70473
Revised Code.	70474

(2) The credit to which a taxpayer is entitled under this	70475
division in any taxable year is the percentage shown in column B	70476
that corresponds with the taxpayer's adjusted gross income, less	70477
exemptions for the taxable year:	70478

70479

IF THE ADJUSTED GROSS INCOME, LESS EXEMPTIONS, FOR THE TAX YEAR IS:

THE CREDIT FOR THE TAXABLE YEAR IS:

70480

$25,000 or less	20%	70481
More than $25,000 but not more than $50,000	15%	70482
More than $50,000 but not more than $75,000	10%	70483
More than $75,000	5%	70484

(3) The credit allowed under this division shall not exceed	70485
six hundred fifty dollars in any taxable year.	70486

(H) No claim for credit under this section shall be allowed	70487
unless the claimant furnishes such supporting information as the	70488
tax commissioner prescribes by rules. Each credit under this	70489
section shall be claimed in the order required under section	70490
5747.98 of the Revised Code.	70491

(I) An individual who is a resident for part of a taxable	70492
year and a nonresident for the remainder of the taxable year is	70493
allowed the credits under divisions (A) and (B) of this section in	70494
accordance with rules prescribed by the tax commissioner. In no	70495
event shall the same income be subject to both credits.	70496

(J) The credit allowed under division (A) of this section	70497
shall be calculated based upon the amount of tax due under section	70498
5747.02 of the Revised Code after subtracting any other credits	70499
that precede the credit under that division in the order required	70500
under section 5747.98 of the Revised Code. The credit allowed	70501
under division (B) of this section shall be calculated based upon	70502
the amount of tax due under section 5747.02 of the Revised Code	70503
after subtracting any other credits that precede the credit under	70504
that division in the order required under section 5747.98 of the	70505
Revised Code.	70506

(K) No credit shall be allowed under division (B) of this	70507
section unless the taxpayer furnishes such proof as the tax	70508
commissioner shall require that the income tax liability has been	70509
paid to another state or the District of Columbia.	70510

(L) No credit shall be allowed under division (B) of this	70511
section for compensation that is not subject to the income tax of	70512
another state or the District of Columbia as the result of an	70513
agreement entered into by the tax commissioner under division	70514
(A)(3) of this section.	70515

Sec. 5747.056. For taxable years beginning in 2005 or	70516
thereafter, a credit shall be allowed against the tax imposed by	70517
section 5747.02 of the Revised Code for an individual whose Ohio	70518
adjusted gross income less exemptions is ten thousand dollars or	70519
less. For taxable years beginning in 2005, the credit shall equal	70520
one hundred seven dollars. For taxable years beginning in 2006,	70521
the credit shall equal one hundred two dollars. For taxable years	70522
beginning in 2007, the credit shall equal ninety-eight dollars.	70523
For taxable years beginning in 2008, the credit shall equal	70524
ninety-three dollars. For taxable years beginning in 2009 or	70525
thereafter, the credit shall equal eighty-eight dollars. The	70526
credit shall be claimed in the order required under section	70527
5747.98 of the Revised Code.	70528

Sec. 5747.08. An annual return with respect to the tax	70529
imposed by section 5747.02 of the Revised Code and each tax	70530
imposed under Chapter 5748. of the Revised Code shall be made by	70531
every taxpayer for any taxable year for which the taxpayer is	70532
liable for the tax imposed by that section or under that chapter,	70533
unless the total credits allowed under divisions (E), (F), and (G)	70534
of section 5747.05 of the Revised Code for the year are equal to	70535
or exceed the tax imposed by section 5747.02 of the Revised Code,	70536
in which case no return shall be required unless the taxpayer is	70537
liable for a tax imposed pursuant to Chapter 5748. of the Revised	70538
Code.	70539

(A) If an individual is deceased, any return or notice	70540
required of that individual under this chapter shall be made and	70541
filed by that decedent's executor, administrator, or other person	70542
charged with the property of that decedent.	70543

(B) If an individual is unable to make a return or notice	70544
required by this chapter, the return or notice required of that	70545
individual shall be made and filed by the individual's duly	70546
authorized agent, guardian, conservator, fiduciary, or other	70547
person charged with the care of the person or property of that	70548
individual.	70549

(C) Returns or notices required of an estate or a trust shall	70550
be made and filed by the fiduciary of the estate or trust.	70551

(D)(1)(a) Except as otherwise provided in division (D)(1)(b)	70552
of this section, any pass-through entity may file a single return	70553
on behalf of one or more of the entity's investors other than an	70554
investor that is a person subject to the tax imposed under section	70555
5733.06 of the Revised Code. The single return shall set forth the	70556
name, address, and social security number or other identifying	70557
number of each of those pass-through entity investors and shall	70558
indicate the distributive share of each of those pass-through	70559
entity investor's income taxable in this state in accordance with	70560
sections 5747.20 to 5747.231 of the Revised Code. Such	70561
pass-through entity investors for whom the pass-through entity	70562
elects to file a single return are not entitled to the exemption	70563
or credit provided for by sections 5747.02 and 5747.022 of the	70564
Revised Code; shall calculate the tax before business credits at	70565
the highest rate of tax set forth in section 5747.02 of the	70566
Revised Code for the taxable year for which the return is filed;	70567
and are entitled to only their distributive share of the business	70568
credits as defined in division (D)(2) of this section. A single	70569
check drawn by the pass-through entity shall accompany the return	70570
in full payment of the tax due, as shown on the single return, for	70571
such investors, other than investors who are persons subject to	70572
the tax imposed under section 5733.06 of the Revised Code.	70573

(b)(i) A pass-through entity shall not include in such a	70574
single return any investor that is a trust to the extent that any	70575
direct or indirect current, future, or contingent beneficiary of	70576
the trust is a person subject to the tax imposed under section	70577
5733.06 of the Revised Code.	70578

(ii) A pass-through entity shall not include in such a single	70579
return any investor that is itself a pass-through entity to the	70580
extent that any direct or indirect investor in the second	70581
pass-through entity is a person subject to the tax imposed under	70582
section 5733.06 of the Revised Code.	70583

(c) Nothing in division (D) of this section precludes the tax	70584
commissioner from requiring such investors to file the return and	70585
make the payment of taxes and related interest, penalty, and	70586
interest penalty required by this section or section 5747.02,	70587
5747.09, or 5747.15 of the Revised Code. Nothing in division (D)	70588
of this section shall be construed to provide to such an investor	70589
or pass-through entity any additional deduction or credit, other	70590
than the credit provided by division (J) of this section, solely	70591
on account of the entity's filing a return in accordance with this	70592
section. Such a pass-through entity also shall make the filing and	70593
payment of estimated taxes on behalf of the pass-through entity	70594
investors other than an investor that is a person subject to the	70595
tax imposed under section 5733.06 of the Revised Code.	70596

(2) For the purposes of this section, "business credits"	70597
means the credits listed in section 5747.98 of the Revised Code	70598
excluding the following credits:	70599

(a) The retirement credit under division (B) of section	70600
5747.055 of the Revised Code;	70601

(b) The senior citizen credit under division (C) of section	70602
5747.05 of the Revised Code;	70603

(c) The lump sum distribution credit under division (D) of	70604
section 5747.05 of the Revised Code;	70605

(d) The dependent care credit under section 5747.054 of the	70606
Revised Code;	70607

(e) The lump sum retirement income credit under division (C)	70608
of section 5747.055 of the Revised Code;	70609

(f) The lump sum retirement income credit under division (D)	70610
of section 5747.055 of the Revised Code;	70611

(g) The lump sum retirement income credit under division (E)	70612
of section 5747.055 of the Revised Code;	70613

(h) The credit for displaced workers who pay for job training	70614
under section 5747.27 of the Revised Code;	70615

(i) The twenty-dollar personal exemption credit under section	70616
5747.022 of the Revised Code;	70617

(j) The joint filing credit under division (G) of section	70618
5747.05 of the Revised Code;	70619

(k) The nonresident credit under division (A) of section	70620
5747.05 of the Revised Code;	70621

(l) The credit for a resident's out-of-state income under	70622
division (B) of section 5747.05 of the Revised Code;	70623

(m) The low-income credit under section 5747.056 of the	70624
Revised Code.	70625

(3) The election provided for under division (D) of this	70626
section applies only to the taxable year for which the election is	70627
made by the pass-through entity. Unless the tax commissioner	70628
provides otherwise, this election, once made, is binding and	70629
irrevocable for the taxable year for which the election is made.	70630
Nothing in this division shall be construed to provide for any	70631
deduction or credit that would not be allowable if a nonresident	70632
pass-through entity investor were to file an annual return.	70633

(4) If a pass-through entity makes the election provided for	70634
under division (D) of this section, the pass-through entity shall	70635
be liable for any additional taxes, interest, interest penalty, or	70636
penalties imposed by this chapter if the commissioner finds that	70637
the single return does not reflect the correct tax due by the	70638
pass-through entity investors covered by that return. Nothing in	70639
this division shall be construed to limit or alter the liability,	70640
if any, imposed on pass-through entity investors for unpaid or	70641
underpaid taxes, interest, interest penalty, or penalties as a	70642
result of the pass-through entity's making the election provided	70643
for under division (D) of this section. For the purposes of	70644
division (D) of this section, "correct tax due" means the tax that	70645
would have been paid by the pass-through entity had the single	70646
return been filed in a manner reflecting the commissioner's	70647
findings. Nothing in division (D) of this section shall be	70648
construed to make or hold a pass-through entity liable for tax	70649
attributable to a pass-through entity investor's income from a	70650
source other than the pass-through entity electing to file the	70651
single return.	70652

(E) If a husband and wife file a joint federal income tax	70653
return for a taxable year, they shall file a joint return under	70654
this section for that taxable year, and their liabilities are	70655
joint and several, but, if the federal income tax liability of	70656
either spouse is determined on a separate federal income tax	70657
return, they shall file separate returns under this section.	70658

If either spouse is not required to file a federal income tax	70659
return and either or both are required to file a return pursuant	70660
to this chapter, they may elect to file separate or joint returns,	70661
and, pursuant to that election, their liabilities are separate or	70662
joint and several. If a husband and wife file separate returns	70663
pursuant to this chapter, each must claim the taxpayer's own	70664
exemption, but not both, as authorized under section 5747.02 of	70665
the Revised Code on the taxpayer's own return.	70666

(F) Each return or notice required to be filed under this	70667
section shall contain the signature of the taxpayer or the	70668
taxpayer's duly authorized agent and of the person who prepared	70669
the return for the taxpayer, and shall include the taxpayer's	70670
social security number. Each return shall be verified by a	70671
declaration under the penalties of perjury. The tax commissioner	70672
shall prescribe the form that the signature and declaration shall	70673
take.	70674

(G) Each return or notice required to be filed under this	70675
section shall be made and filed as required by section 5747.04 of	70676
the Revised Code, on or before the fifteenth day of April of each	70677
year, on forms that the tax commissioner shall prescribe, together	70678
with remittance made payable to the treasurer of state in the	70679
combined amount of the state and all school district income taxes	70680
shown to be due on the form, unless the combined amount shown to	70681
be due is one dollar or less, in which case that amount need not	70682
be remitted.	70683

Upon good cause shown, the commissioner may extend the period	70684
for filing any notice or return required to be filed under this	70685
section and may adopt rules relating to extensions. If the	70686
extension results in an extension of time for the payment of any	70687
state or school district income tax liability with respect to	70688
which the return is filed, the taxpayer shall pay at the time the	70689
tax liability is paid an amount of interest computed at the rate	70690
per annum prescribed by section 5703.47 of the Revised Code on	70691
that liability from the time that payment is due without extension	70692
to the time of actual payment. Except as provided in section	70693
5747.132 of the Revised Code, in addition to all other interest	70694
charges and penalties, all taxes imposed under this chapter or	70695
Chapter 5748. of the Revised Code and remaining unpaid after they	70696
become due, except combined amounts due of one dollar or less,	70697
bear interest at the rate per annum prescribed by section 5703.47	70698
of the Revised Code until paid or until the day an assessment is	70699
issued under section 5747.13 of the Revised Code, whichever occurs	70700
first.	70701

If the commissioner considers it necessary in order to ensure	70702
the payment of the tax imposed by section 5747.02 of the Revised	70703
Code or any tax imposed under Chapter 5748. of the Revised Code,	70704
the commissioner may require returns and payments to be made	70705
otherwise than as provided in this section.	70706

(H) If any report, claim, statement, or other document	70707
required to be filed, or any payment required to be made, within a	70708
prescribed period or on or before a prescribed date under this	70709
chapter is delivered after that period or that date by United	70710
States mail to the agency, officer, or office with which the	70711
report, claim, statement, or other document is required to be	70712
filed, or to which the payment is required to be made, the date of	70713
the postmark stamped on the cover in which the report, claim,	70714
statement, or other document, or payment is mailed shall be deemed	70715
to be the date of delivery or the date of payment.	70716

If a payment is required to be made by electronic funds	70717
transfer pursuant to section 5747.072 of the Revised Code, the	70718
payment is considered to be made when the payment is received by	70719
the treasurer of state or credited to an account designated by the	70720
treasurer of state for the receipt of tax payments.	70721

"The date of the postmark" means, in the event there is more	70722
than one date on the cover, the earliest date imprinted on the	70723
cover by the United States postal service.	70724

(I) The amounts withheld by the employer pursuant to section	70725
5747.06 of the Revised Code shall be allowed to the recipient of	70726
the compensation as credits against payment of the appropriate	70727
taxes imposed on the recipient by section 5747.02 and under	70728
Chapter 5748. of the Revised Code.	70729

(J) If, in accordance with division (D) of this section, a	70730
pass-through entity elects to file a single return and if any	70731
investor is required to file the return and make the payment of	70732
taxes required by this chapter on account of the investor's other	70733
income that is not included in a single return filed by a	70734
pass-through entity, the investor is entitled to a refundable	70735
credit equal to the investor's proportionate share of the tax paid	70736
by the pass-through entity on behalf of the investor. The investor	70737
shall claim the credit for the investor's taxable year in which or	70738
with which ends the taxable year of the pass-through entity.	70739
Nothing in this chapter shall be construed to allow any credit	70740
provided in this chapter to be claimed more than once. For the	70741
purposes of computing any interest, penalty, or interest penalty,	70742
the investor shall be deemed to have paid the refundable credit	70743
provided by this division on the day that the pass-through entity	70744
paid the estimated tax or the tax giving rise to the credit.	70745

Sec. 5747.212. (A) This section applies solely for the	70746
purpose of computing the credit allowed under division (A) of	70747
section 5747.05 of the Revised Code, computing income taxable in	70748
this state under division (D) of section 5747.08 of the Revised	70749
Code, and computing the credit allowed under section 5747.057 of	70750
the Revised Code.	70751

(B) A ~~pass-through entity investor that owns~~taxpayer,	70752
directly or indirectly, owning at any time during the three-year	70753
period ending on the last day of the taxpayer's taxable year at	70754
least twenty per cent of the ~~pass-through~~equity voting rights of	70755
a section 5747.212 entity ~~at any time during the current taxable~~	70756
~~year or either of the two preceding taxable years~~ shall apportion	70757
any income, including gain or loss, realized from ~~the~~each sale,	70758
exchange, or other disposition of a debt or equity interest in ~~the~~	70759
that entity as prescribed in this section. For such purposes, in	70760
lieu of using the method prescribed by sections 5747.20 and	70761
5747.21 of the Revised Code, the investor shall apportion the	70762
income using the average of the ~~pass-through~~section 5747.212	70763
entity's apportionment fractions otherwise applicable under	70764
section 5733.05, 5733.056, or 5747.21 of the Revised Code for the	70765
current and two preceding taxable years. If the ~~pass-through~~	70766
section 5747.212 entity was not in business for one or more of	70767
those years, each year that the entity was not in business shall	70768
be excluded in determining the average.	70769

70770

(1) A "section 5747.212 entity" is any qualifying person if,	70771
on at least one day of the three-year period ending on the last	70772
day of the taxpayer's taxable year, any of the following apply:	70773

(a) The qualifying person is a pass-through entity;

70774

(b) Five or fewer persons directly or indirectly own all the	70775
equity interests, with voting rights, of the qualifying person;	70776

(c) One person directly or indirectly owns at least fifty per	70777
cent of the qualifying person's equity interests with voting	70778
rights.	70779

(2) A "qualifying person" is any person other than an	70780
individual, estate, or trust.	70781

(3) "Estate" and "trust" do not include any person classified	70782
for federal income tax purposes as an association taxable as a	70783
corporation.	70784

Sec. 5747.331. (A) As used in this section:

70785

(1) "Borrower" means any person that receives a loan from the	70786
director of development under section 166.21 of the Revised Code,	70787
regardless of whether the borrower is subject to the tax imposed	70788
by section 5747.02 of the Revised Code.	70789

(2) "Related member" has the same meaning as in section	70790
5733.042 of the Revised Code.	70791

(3) "Qualified research and development loan payments" has	70792
the same meaning as in division (D) of section 166.21 of the	70793
Revised Code.	70794

(B) Beginning inwith taxable year 2003 and ending with	70795
taxable years beginning in 2007, a nonrefundable credit is allowed	70796
against the tax imposed by section 5747.02 of the Revised Code	70797
equal to a borrower's qualified research and development loan	70798
payments made during the calendar year that includes the last day	70799
of the taxable year for which the credit is claimed. The amount of	70800
the credit for a taxable year shall not exceed one hundred fifty	70801
thousand dollars. No taxpayer is entitled to claim a credit under	70802
this section unless it has obtained a certificate issued by the	70803
director of development under division (D) of section 166.21 of	70804
the Revised Code. The credit shall be claimed in the order	70805
required under section 5747.98 of the Revised Code. The credit, to	70806
the extent it exceeds the taxpayer's tax liability for the taxable	70807
year after allowance for any other credits that precede the credit	70808
under this section in that order, shall be carried forward to the	70809
next succeeding taxable year or years until fully used. Any credit	70810
not fully utilized by the taxable year beginning in 2007 may be	70811
carried forward and applied against the tax levied by Chapter	70812
5751. of the Revised Code to the extent allowed by section 5751.52	70813
of the Revised Code.	70814

(C) A borrower entitled to a credit under this section may	70815
assign the credit, or a portion thereof, to any of the following:	70816

(1) A related member of that borrower;

70817

(2) The owner or lessee of the eligible research and	70818
development project;	70819

(3) A related member of the owner or lessee of the eligible	70820
research and development project.	70821

A borrower making an assignment under this division shall	70822
provide written notice of the assignment to the tax commissioner	70823
and the director of development, in such form as the tax	70824
commissioner prescribes, before the credit that was assigned is	70825
used. The assignor may not claim the credit to the extent it was	70826
assigned to an assignee. The assignee may claim the credit only to	70827
the extent the assignor has not claimed it.	70828

(D) If any taxpayer is a shareholder in an S corporation, a	70829
partner in a partnership, or a member in a limited liability	70830
company treated as a partnership for federal income tax purposes,	70831
the taxpayer shall be allowed the taxpayer's distributive or	70832
proportionate share of the credit available through the S	70833
corporation, partnership, or limited liability company.	70834

(E) The aggregate credit against the taxes imposed by	70835
sections 5733.06, 5733.065, 5733.066, and 5747.02 of the Revised	70836
Code that may be claimed under this section and section 5733.352	70837
of the Revised Code by a borrower as a result of qualified	70838
research and development loan payments attributable during a	70839
calendar year to any one loan shall not exceed one hundred fifty	70840
thousand dollars.	70841

Sec. 5747.70. (A) In computing Ohio adjusted gross income, a	70842
deduction from federal adjusted gross income is allowed to a	70843
contributor for the amount contributed during the taxable year to	70844
a variable college savings program account and to a purchaser of	70845
tuition ~~credits~~units under the Ohio college savings program	70846
created by Chapter 3334. of the Revised Code to the extent that	70847
the amounts of such contributions and purchases were not deducted	70848
in determining the contributor's or purchaser's federal adjusted	70849
gross income for the taxable year. The combined amount of	70850
contributions and purchases deducted in any taxable year by a	70851
taxpayer or the taxpayer and the taxpayer's spouse, regardless of	70852
whether the taxpayer and the taxpayer's spouse file separate	70853
returns or a joint return, is limited to two thousand dollars for	70854
each beneficiary for whom contributions or purchases are made. If	70855
the combined annual contributions and purchases for a beneficiary	70856
exceed two thousand dollars, the excess may be carried forward and	70857
deducted in future taxable years until the contributions and	70858
purchases have been fully deducted.	70859

(B) In computing Ohio adjusted gross income, a deduction from	70860
federal adjusted gross income is allowed for:	70861

(1) Income related to tuition ~~credits~~units and contributions	70862
that as of the end of the taxable year have not been refunded	70863
pursuant to the termination of a tuition payment contract or	70864
variable college savings program account under section 3334.10 of	70865
the Revised Code, to the extent that such income is included in	70866
federal adjusted gross income.	70867

(2) The excess of the total purchase price of tuition ~~credits~~	70868
units refunded during the taxable year pursuant to the termination	70869
of a tuition payment contract under section 3334.10 of the Revised	70870
Code over the amount of the refund, to the extent the amount of	70871
the excess was not deducted in determining federal adjusted gross	70872
income. Division (B)(2) of this section applies only to ~~credits~~	70873
units for which no deduction was allowable under division (A) of	70874
this section.	70875

(C) In computing Ohio adjusted gross income, there shall be	70876
added to federal adjusted gross income the amount of loss related	70877
to tuition ~~credits~~units and contributions that as of the end of	70878
the taxable year have not been refunded pursuant to the	70879
termination of a tuition payment contract or variable college	70880
savings program account under section 3334.10 of the Revised Code,	70881
to the extent that such loss was deducted in determining federal	70882
adjusted gross income.	70883

(D) For taxable years in which distributions or refunds are	70884
made under a tuition payment or variable college savings program	70885
contract for any reason other than payment of tuition or other	70886
higher education expenses, or the beneficiary's death, disability,	70887
or receipt of a scholarship as described in section 3334.10 of the	70888
Revised Code:	70889

(1) If the distribution or refund is paid to the purchaser or	70890
contributor or beneficiary, any portion of the distribution or	70891
refund not included in the recipient's federal adjusted gross	70892
income shall be added to the recipient's federal adjusted gross	70893
income in determining the recipient's Ohio adjusted gross income,	70894
except that the amount added shall not exceed amounts previously	70895
deducted under division (A) of this section less any amounts added	70896
under division (D)(1) of this section in a prior taxable year.	70897

(2) If amounts paid by a purchaser or contributor on or after	70898
January 1, 2000, are distributed or refunded to someone other than	70899
the purchaser or contributor or beneficiary, the amount of the	70900
payment not included in the recipient's federal adjusted gross	70901
income, less any amounts added under division (D) of this section	70902
in a prior taxable year, shall be added to the recipient's federal	70903
adjusted gross income in determining the recipient's Ohio adjusted	70904
gross income.	70905

Sec. 5747.80. (A) Upon the issuance of a tax credit	70906
certificate by the Ohio venture capital authority under section	70907
150.07 of the Revised Code, a credit may be claimed against the	70908
tax imposed by section 5747.02 of the Revised Code. The credit	70909
shall be claimed for the taxable year specified in the certificate	70910
issued by the authority and in the order required under section	70911
5747.98 of the Revised Code.	70912

(B) If the taxpayer elected a refundable credit under section	70913
150.07 of the Revised Code and the amount of the credit shown on	70914
the certificate does not exceed the tax otherwise due under	70915
section 5747.02 of the Revised Code after all nonrefundable	70916
credits are deducted, then the taxpayer shall claim a refundable	70917
credit equal to the amount of the credit shown on the certificate.	70918

(C) If the taxpayer elected a refundable credit under section	70919
150.07 of the Revised Code, and the amount of the credit shown on	70920
the certificate exceeds the tax otherwise due under section	70921
5747.02 of the Revised Code after all nonrefundable credits,	70922
~~including the credit allowed under this section,~~ are deducted in	70923
~~that order~~, the taxpayer shall ~~receive a refund equal to~~	70924
~~seventy-five per cent of that excess. If the taxpayer elected a~~	70925
~~nonrefundable credit, the amount of the credit, claimed in that~~	70926
~~order, shall not exceed the tax otherwise due after all the~~	70927
~~taxpayer's credits are deducted in that order. If~~claim a	70928
refundable credit equal to the sum of the following:	70929

(1) The amount, if any, of the tax otherwise due under	70930
section 5747.02 of the Revised Code after all nonrefundable	70931
credits are deducted;	70932

(2) Seventy-five per cent of the difference between the	70933
amount of the refundable credit shown on the certificate and the	70934
tax otherwise due under section 5747.02 of the Revised Code after	70935
all nonrefundable credits are deducted.	70936

(D) If the taxpayer elected a nonrefundable credit and the	70937
credit to which the taxpayer would otherwise be entitled under	70938
this section for any taxable year is greater than the tax	70939
otherwise due under section 5747.02 of the Revised Code, after	70940
allowing for any other credits that, under section 5747.98 of the	70941
Revised Code, precede the credit allowed under this section, the	70942
excess shall be allowed as a nonrefundable credit in each of the	70943
ensuing ten taxable years, but the amount of any excess credit	70944
allowed in the ensuing taxable year shall be deducted from the	70945
balance carried forward to the next taxable year.	70946

Sec. 5747.98. (A) To provide a uniform procedure for	70947
calculating the amount of tax due under section 5747.02 of the	70948
Revised Code, a taxpayer shall claim any credits to which the	70949
taxpayer is entitled in the following order:	70950

(1) The retirement income credit under division (B) of	70951
section 5747.055 of the Revised Code;	70952

(2) The senior citizen credit under division (C) of section	70953
5747.05 of the Revised Code;	70954

(3) The lump sum distribution credit under division (D) of	70955
section 5747.05 of the Revised Code;	70956

(4) The dependent care credit under section 5747.054 of the	70957
Revised Code;	70958

(5) The lump sum retirement income credit under division (C)	70959
of section 5747.055 of the Revised Code;	70960

(6) The lump sum retirement income credit under division (D)	70961
of section 5747.055 of the Revised Code;	70962

(7) The lump sum retirement income credit under division (E)	70963
of section 5747.055 of the Revised Code;	70964

(8) The low-income credit under section 5747.056 of the	70965
Revised Code;	70966

(9) The credit for displaced workers who pay for job training	70967
under section 5747.27 of the Revised Code;	70968

~~(9)~~(10) The campaign contribution credit under section	70969
5747.29 of the Revised Code;	70970

~~(10)~~(11) The twenty-dollar personal exemption credit under	70971
section 5747.022 of the Revised Code;	70972

~~(11)~~(12) The joint filing credit under division (G) of	70973
section 5747.05 of the Revised Code;	70974

~~(12)~~(13) The nonresident credit under division (A) of section	70975
5747.05 of the Revised Code;	70976

~~(13)~~(14) The credit for a resident's out-of-state income	70977
under division (B) of section 5747.05 of the Revised Code;	70978

~~(14)~~(15) The credit for employers that enter into agreements	70979
with child day-care centers under section 5747.34 of the Revised	70980
Code;	70981

~~(15)~~(16) The credit for employers that reimburse employee	70982
child care expenses under section 5747.36 of the Revised Code;	70983

~~(16)~~(17) The credit for adoption of a minor child under	70984
section 5747.37 of the Revised Code;	70985

~~(17)~~(18) The credit for purchases of lights and reflectors	70986
under section 5747.38 of the Revised Code;	70987

~~(18)~~(19) The job retention credit under division (B) of	70988
section 5747.058 of the Revised Code;	70989

~~(19)~~(20) The credit for losses on loans made under the Ohio	70990
venture capital program under sections 150.01 to 150.10 of the	70991
Revised Code if the taxpayer elected a nonrefundable credit under	70992
section 150.07 of the Revised Code;	70993

~~(20)~~(21) The credit for purchases of new manufacturing	70994
machinery and equipment under section 5747.26 or section 5747.261	70995
of the Revised Code;	70996

~~(21)~~(22) The second credit for purchases of new manufacturing	70997
machinery and equipment and the credit for using Ohio coal under	70998
section 5747.31 of the Revised Code;	70999

~~(22)~~(23) The job training credit under section 5747.39 of the	71000
Revised Code;	71001

~~(23)~~(24) The enterprise zone credit under section 5709.66 of	71002
the Revised Code;	71003

~~(24)~~(25) The credit for the eligible costs associated with a	71004
voluntary action under section 5747.32 of the Revised Code;	71005

~~(25)~~(26) The credit for employers that establish on-site	71006
child day-care centers under section 5747.35 of the Revised Code;	71007

~~(26)~~(27) The ethanol plant investment credit under section	71008
5747.75 of the Revised Code;	71009

~~(27)~~(28) The credit for purchases of qualifying grape	71010
production property under section 5747.28 of the Revised Code;	71011

~~(28)~~(29) The export sales credit under section 5747.057 of	71012
the Revised Code;	71013

~~(29)~~(30) The credit for research and development and	71014
technology transfer investors under section 5747.33 of the Revised	71015
Code;	71016

~~(30)~~(31) The enterprise zone credits under section 5709.65 of	71017
the Revised Code;	71018

~~(31)~~(32) The research and development credit under section	71019
5747.331 of the Revised Code;	71020

~~(32)~~(33) The refundable jobs creation credit under division	71021
(A) of section 5747.058 of the Revised Code;	71022

~~(33)~~(34) The refundable credit for taxes paid by a qualifying	71023
entity granted under section 5747.059 of the Revised Code;	71024

~~(34)~~(35) The refundable credits for taxes paid by a	71025
qualifying pass-through entity granted under division (J) of	71026
section 5747.08 of the Revised Code;	71027

~~(35)~~(36) The refundable credit for tax withheld under	71028
division (B)(1) of section 5747.062 of the Revised Code;	71029

~~(36)~~(37) The credit for losses on loans made to the Ohio	71030
venture capital program under sections 150.01 to 150.10 of the	71031
Revised Code if the taxpayer elected a refundable credit under	71032
section 150.07 of the Revised Code.	71033

(B) For any credit, except the credits enumerated in	71034
divisions (A)~~(32)~~(33) to ~~(36)~~(37) of this section and the credit	71035
granted under division (I) of section 5747.08 of the Revised Code,	71036
the amount of the credit for a taxable year shall not exceed the	71037
tax due after allowing for any other credit that precedes it in	71038
the order required under this section. Any excess amount of a	71039
particular credit may be carried forward if authorized under the	71040
section creating that credit. Nothing in this chapter shall be	71041
construed to allow a taxpayer to claim, directly or indirectly, a	71042
credit more than once for a taxable year.	71043

Sec. 5747.99. (A) Whoever violates section 5747.19 of the	71044
Revised Code~~, or whoever violates section 5747.06 or 5747.07 of~~	71045
~~the Revised Code by failing to remit state income taxes withheld~~	71046
~~from an employee,~~is guilty of a misdemeanor of the first degree.	71047
If the person previously has been convicted of any offense under	71048
Title LVII of the Revised Code, the person is guilty of a felony	71049
of the ~~fifth~~fourth degree.	71050

(B) Whoever violates section 5747.06 or 5747.07 of the	71051
Revised Code by failing to remit to the state the tax collected	71052
under section 5747.06 or 5747.07 of the Revised Code is guilty of	71053
a misdemeanor of the first degree if the amount of collected tax	71054
the person failed to remit is less than five hundred dollars and	71055
is guilty of a felony of the fourth degree if the amount of	71056
collected tax the person failed to remit is five hundred dollars	71057
or more.	71058

(C) Whoever violates any provision of sections 5747.01 to	71059
5747.19 of the Revised Code, or any lawful rule promulgated by the	71060
tax commissioner under authority of any provision of those	71061
sections, for the violation of which no other penalty is provided	71062
in this section, ~~shall be fined not less than one hundred nor more~~	71063
~~than five thousand dollars~~is guilty of a minor misdemeanor. If	71064
the person previously has been convicted of any offense under	71065
Title LVII of the Revised Code, the person is guilty of a	71066
misdemeanor of the first degree.	71067

~~(C)~~(D) Whoever violates section 5747.49 of the Revised Code	71068
shall be fined not more than five dollars for each day that	71069
elapses between the date specified by law for performance and the	71070
date when the duty is actually performed.	71071

Sec. 5749.02. (A) For the purpose of providing revenue to	71072
administer the state's coal mining and reclamation regulatory	71073
program, to meet the environmental and resource management needs	71074
of this state, and to reclaim land affected by mining, an excise	71075
tax is hereby levied on the privilege of engaging in the severance	71076
of natural resources from the soil or water of this state. The tax	71077
shall be imposed upon the severer and shall be:	71078

(1) Seven cents per ton of coal;

71079

(2) Four cents per ton of salt;

71080

(3) Two cents per ton of limestone or dolomite;

71081

(4) Two cents per ton of sand and gravel;

71082

(5) Ten cents per barrel of oil;

71083

(6) Two and one-half cents per thousand cubic feet of natural	71084
gas;	71085

(7) One cent per ton of clay, sandstone or conglomerate,	71086
shale, gypsum, or quartzite.	71087

(B) Of the moneys received by the treasurer of state from the	71088
tax levied in division (A)(1) of this section, six and	71089
three-tenths per cent shall be credited to the geological mapping	71090
fund created in section 1505.09 of the Revised Code, fourteen and	71091
two-tenths per cent shall be credited to the reclamation	71092
forfeiture fund created in section 1513.18 of the Revised Code,	71093
fifty-seven and nine-tenths per cent shall be credited to the coal	71094
mining administration and reclamation reserve fund created in	71095
section 1513.181 of the Revised Code, and the remainder shall be	71096
credited to the unreclaimed lands fund created in section 1513.30	71097
of the Revised Code. When, at any time during a fiscal year, the	71098
chief of the division of mineral resources management finds that	71099
the balance of the coal mining administration and reclamation	71100
reserve fund is below two million dollars, the chief shall certify	71101
that fact to the director of budget and management. Upon receipt	71102
of the chief's certification, the director shall direct the	71103
~~treasurer of state~~tax commissioner to instead credit to the coal	71104
mining administration and reclamation reserve fund during the	71105
remainder of the fiscal year for which the certification is made	71106
the fourteen and two-tenths per cent of the moneys collected from	71107
the tax levied in division (A)(1) of this section and otherwise	71108
required by this division to be credited to the reclamation	71109
forfeiture fund.	71110

Fifteen per cent of the moneys received by the treasurer of	71111
state from the tax levied in division (A)(2) of this section shall	71112
be credited to the geological mapping fund and the remainder shall	71113
be credited to the unreclaimed lands fund.	71114

Of the moneys received by the treasurer of state from the tax	71115
levied in divisions (A)(3) and (4) of this section, seven and	71116
five-tenths per cent shall be credited to the geological mapping	71117
fund, forty-two and five-tenths per cent shall be credited to the	71118
unreclaimed lands fund, and the remainder shall be credited to the	71119
surface mining fund created in section 1514.06 of the Revised	71120
Code.	71121

Of the moneys received by the treasurer of state from the tax	71122
levied in divisions (A)(5) and (6) of this section, ninety per	71123
cent shall be credited to the oil and gas well fund created in	71124
section 1509.02 of the Revised Code and ten per cent shall be	71125
credited to the geological mapping fund. All of the moneys	71126
received by the treasurer of state from the tax levied in division	71127
(A)(7) of this section shall be credited to the surface mining	71128
fund.	71129

(C) For the purpose of paying the state's expenses for	71130
reclaiming mined lands that the operator failed to reclaim under a	71131
coal mining and reclamation permit issued under Chapter 1513. of	71132
the Revised Code, or under a surface mining permit issued under	71133
Chapter 1514. of the Revised Code, for which the operator's bond	71134
is not sufficient to pay the state's expense for reclamation,	71135
there is hereby levied an excise tax on the privilege of engaging	71136
in the severance of coal from the soil or water of this state in	71137
addition to the taxes levied by divisions (A)(1) and (D) of this	71138
section. The tax shall be imposed at the rate of one cent per ton	71139
of coal. Moneys received by the treasurer of state from the tax	71140
levied under this division shall be credited to the reclamation	71141
forfeiture fund created in section 1513.18 of the Revised Code.	71142

(D) For the purpose of paying the state's expenses for	71143
reclaiming coal mined lands that the operator failed to reclaim in	71144
accordance with Chapter 1513. of the Revised Code under a coal	71145
mining and reclamation permit issued after April 10, 1972, but	71146
before September 1, 1981, for which the operator's bond is not	71147
sufficient to pay the state's expense for reclamation and paying	71148
the expenses for administering the state's coal mining and	71149
reclamation regulatory program, there is hereby levied an excise	71150
tax on the privilege of engaging in the severance of coal from the	71151
soil or water of this state in addition to the taxes levied by	71152
divisions (A)(1) and (C) of this section. The tax shall be imposed	71153
at the rate of one cent per ton of coal as prescribed in this	71154
division. Moneys received by the treasurer of state from the tax	71155
levied by this division shall be credited to the reclamation	71156
forfeiture fund created in section 1513.18 of the Revised Code.	71157

When, at the close of any fiscal year, the chief finds that	71158
the balance of the reclamation forfeiture fund, plus estimated	71159
transfers to it from the coal mining and reclamation reserve fund	71160
under section 1513.181 of the Revised Code, plus the estimated	71161
revenues from the tax levied by this division for the remainder of	71162
the calendar year that includes the close of the fiscal year, are	71163
sufficient to complete the reclamation of such lands, the purposes	71164
for which the tax under this division is levied shall be deemed	71165
accomplished at the end of that calendar year. The chief, within	71166
thirty days after the close of the fiscal year, shall certify	71167
those findings to the tax commissioner, and the tax shall cease to	71168
be imposed after the last day of that calendar year.	71169

(E) On the day fixed for the payment of the severance taxes	71170
required to be paid by this section, the taxes with any penalties	71171
or interest on them shall become a lien on all property of the	71172
taxpayer in this state whether the property is employed by the	71173
taxpayer in the prosecution of its business or is in the hands of	71174
an assignee, trustee, or receiver for the benefit of creditors or	71175
stockholders. The lien shall continue until the taxes and any	71176
penalties or interest thereon are paid.	71177

Upon failure of the taxpayer to pay a tax on the day fixed	71178
for payment, the tax commissioner may file, for which no filing	71179
fee shall be charged, in the office of the county recorder in each	71180
county in this state in which the taxpayer owns or has a	71181
beneficial interest in real estate, notice of the lien containing	71182
a brief description of the real estate. The lien shall not be	71183
valid as against any mortgagee, purchaser, or judgment creditor	71184
whose rights have attached prior to the time the notice is filed	71185
in the county in which the real estate that is the subject of the	71186
mortgage, purchase, or judgment lien is located. The notice shall	71187
be recorded in a book kept by the recorder called the "severance	71188
tax lien record" and indexed under the name of the taxpayer	71189
charged with the tax. When the tax has been paid, the tax	71190
commissioner shall furnish to the taxpayer an acknowledgement of	71191
payment, which the taxpayer may record with the recorder of each	71192
county in which notice of the lien has been filed.	71193

Sec. 5751.01. As used in this chapter:

71194

(A) "Person" means, but is not limited to, individuals,	71195
combinations of individuals of any form, receivers, assignees,	71196
trustees in bankruptcy, firms, companies, joint-stock companies,	71197
business trusts, estates, partnerships, limited liability	71198
partnerships, limited liability companies, associations, joint	71199
ventures, clubs, societies, for-profit and nonprofit corporations,	71200
S corporations, qualified subchapter S subsidiaries, qualified	71201
subchapter S trusts, trusts, entities that are disregarded for	71202
federal income tax purposes, and any other entities. "Person" does	71203
not include the state, its agencies, its instrumentalities, and	71204
its political subdivisions.	71205

(B) "Consolidated elected taxpayer" means a group of two or	71206
more persons treated as a single taxpayer for purposes of this	71207
chapter as the result of an election made under section 5751.011	71208
of the Revised Code.	71209

(C) "Combined taxpayer" means a group of two or more persons	71210
treated as a single taxpayer for purposes of this chapter under	71211
section 5751.012 of the Revised Code.	71212

(D) "Taxpayer" means any person, or any group of persons in	71213
the case of a consolidated elected taxpayer or combined taxpayer	71214
treated as one taxpayer, required to register or pay tax under	71215
this chapter. "Taxpayer" does not include excluded persons.	71216

(E) "Excluded person" means any of the following:

71217

(1) Any person with not more than forty thousand dollars of	71218
taxable gross receipts during the calendar year. Division (E)(1)	71219
of this section does not apply to a person that is a member of a	71220
group that is a consolidated elected taxpayer or a combined	71221
taxpayer;	71222

(2) A public utility that paid the excise tax imposed by	71223
section 5727.24 or 5727.30 of the Revised Code based on one or	71224
more measurement periods that include the entire tax period under	71225
this chapter, except that a public utility that is a combined	71226
company is a taxpayer with regard to the following gross receipts:	71227

(a) Taxable gross receipts directly attributed to a public	71228
utility activity, but not directly attributed to an activity that	71229
is subject to the excise tax imposed by section 5727.24 or 5727.30	71230
of the Revised Code;	71231

(b) Taxable gross receipts that cannot be directly attributed	71232
to any activity, multiplied by a fraction whose numerator is the	71233
taxable gross receipts described in division (E)(2)(a) of this	71234
section and whose denominator is the total taxable gross receipts	71235
that can be directly attributed to any activity;	71236

(c) Except for any differences resulting from the use of an	71237
accrual basis method of accounting for purposes of determining	71238
gross receipts under this chapter and the use of the cash basis	71239
method of accounting for purposes of determining gross receipts	71240
under section 5727.24 of the Revised Code, the gross receipts	71241
directly attributed to the activity of a natural gas company shall	71242
be determined in a manner consistent with division (D) of section	71243
5727.03 of the Revised Code.	71244

As used in division (E)(2) of this section, "combined	71245
company," "company," and "public utility" have the same meanings	71246
as in section 5727.01 of the Revised Code.	71247

(3) A financial institution, as defined in section 5725.01 of	71248
the Revised Code, that paid the corporation franchise tax charged	71249
by division (D) of section 5733.06 of the Revised Code based on	71250
one or more taxable years that include the entire tax period under	71251
this chapter;	71252

(4) A dealer in intangibles, as defined in section 5725.01 of	71253
the Revised Code, that paid the dealer in intangibles tax levied	71254
by division (D) of section 5707.03 of the Revised Code based on	71255
one or more measurement periods that include the entire tax period	71256
under this chapter;	71257

(5) A financial holding company as defined in the "Bank	71258
Holding Company Act," 12 U.S.C. 1841(p);	71259

(6) A bank holding company as defined in the "Bank Holding	71260
Company Act," 12 U.S.C. 1841(a);	71261

(7) A savings and loan holding company as defined in the	71262
"Home Owners Loan Act," 12 U.S.C. 1467a(a)(1)(D) that is engaging	71263
only in activities or investments permissible for a financial	71264
holding company under 12 U.S.C. 1843(k);	71265

(8) A person directly or indirectly owned by one or more	71266
financial institutions, financial holding companies, bank holding	71267
companies, savings and loan holding companies, or insurance	71268
companies described in division (E)(3), (5), (6), (7), or (9) of	71269
this section that is engaged in activities permissible for a	71270
financial holding company under 12 U.S.C. 1843(k), except that any	71271
such person held pursuant to merchant banking authority under 12	71272
U.S.C. 1843(k)(4)(H) or 12 U.S.C. 1843(k)(4)(I) is not an excluded	71273
person.	71274

For the purposes of division (E)(8) of this section, a person	71275
owns another person under the following circumstances:	71276

(a) In the case of corporations issuing capital stock, one	71277
corporation owns another corporation if it owns fifty per cent or	71278
more of the other corporation's capital stock with current voting	71279
rights;	71280

(b) In the case of a limited liability company, one person	71281
owns the company if that person's membership interest, as defined	71282
in section 1705.01 of the Revised Code, is fifty per cent or more	71283
of the combined membership interests of all persons owning such	71284
interests in the company;	71285

(c) In the case of a partnership, trust, or other	71286
unincorporated business organization other than a limited	71287
liability company, one person owns the organization if, under the	71288
articles of organization or other instrument governing the affairs	71289
of the organization, that person has a beneficial interest in the	71290
organization's profits, surpluses, losses, or distributions of	71291
fifty per cent or more of the combined beneficial interests of all	71292
persons having such an interest in the organization;	71293

(d) In the case of multiple ownership, the ownership	71294
interests of more than one person may be aggregated to meet the	71295
fifty per cent ownership tests in this division only when each	71296
such owner is described in division (E)(3), (5), (6), (7), or (9)	71297
of this section and is engaged in activities permissible for a	71298
financial holding company under 12 U.S.C. 1843(k);	71299

(9) A domestic insurance company or foreign insurance	71300
company, as defined in section 5725.01 of the Revised Code, that	71301
paid the insurance company premiums tax imposed by section 5725.18	71302
or Chapter 5729. of the Revised Code based on one or more	71303
measurement periods that include the entire tax period under this	71304
chapter;	71305

(10) A person that was formed or otherwise came into	71306
existence with the purpose of facilitating one or more	71307
securitizations or similar transactions for or by any person	71308
described in division (E)(3), (5), (6), (7), (8), or (9) of this	71309
section. For purposes of this division, "securitization" means	71310
transferring one or more assets to one or more persons and then	71311
issuing securities backed by the right to receive payment from the	71312
asset or assets so transferred.	71313

(F) "Gross receipts" means the total amount realized by a	71314
person, without deduction for the cost of goods sold or other	71315
expenses incurred, in a transaction or transactions that	71316
contribute to the production of gross income of the person,	71317
including the fair market value of any property and any services	71318
received, and any debt transferred or forgiven as consideration,	71319
and including the total amount realized with regard to unrelated	71320
business taxable income of tax-exempt organizations under the	71321
Internal Revenue Code.	71322

(1) The following are examples of gross receipts:

71323

(a) Amounts realized from the sale, exchange, or other	71324
disposition of the taxpayer's property to or with another;	71325

(b) Amounts realized from the taxpayer's performance of	71326
services for another;	71327

(c) Amounts realized from another's use or possession of the	71328
taxpayer's property or capital;	71329

(d) Amounts realized with regard to the taxpayer's unrelated	71330
business taxable income;	71331

(e) Any combination of the foregoing amounts.

71332

(2) "Gross receipts" excludes the following amounts:

71333

(a) Interest income except interest on credit sales;

71334

(b) Dividend income, distributions received, and distributive	71335
or proportionate shares of a pass-through entity as defined under	71336
section 5733.04 of the Revised Code;	71337

(c) Receipts from the sale, exchange, or other disposition of	71338
an asset described in section 1221 or 1231 of the Internal Revenue	71339
Code, without regard to the length of time the person held the	71340
asset;	71341

(d) Proceeds received attributable to the repayment,	71342
maturity, or redemption of the principal of a loan, bond, mutual	71343
fund, certificate of deposit, or marketable instrument;	71344

(e) The principal amount received under a repurchase	71345
agreement or on account of any transaction properly characterized	71346
as a loan to the person;	71347

(f) Contributions received by a trust, plan, or other	71348
arrangement, any of which is described in section 501(a) of the	71349
Internal Revenue Code, or to which Title 26, Subtitle A, Chapter	71350
1, Subchapter (D) of the Internal Revenue Code applies;	71351

(g) Compensation, whether current or deferred, and whether in	71352
cash or in kind, received or to be received by an employee, former	71353
employee, or the employee's legal successor for services rendered	71354
to or for an employer, including reimbursements received by or for	71355
an individual for medical or education expenses, health insurance	71356
premiums, or employee expenses, or on account of a dependent care	71357
spending account, legal services plan, any cafeteria plan	71358
described in section 125 of the Internal Revenue Code, or any	71359
similar employee reimbursement;	71360

(h) Proceeds received from the issuance of the taxpayer's own	71361
stock, options, warrants, puts, or calls, or from the sale of the	71362
taxpayer's treasury stock;	71363

(i) Proceeds received on the account of payments from life	71364
insurance policies;	71365

(j) Gifts or charitable contributions received, membership	71366
dues received, and payments received for educational courses,	71367
meetings, meals, or similar payments to a trade, professional, or	71368
other similar association; fundraising receipts received by any	71369
person when any excess receipts are donated or used exclusively	71370
for charitable purposes; and proceeds received by a nonprofit	71371
organization except those proceeds realized with regard to its	71372
unrelated business taxable income;	71373

(k) Damages received as the result of litigation in excess of	71374
amounts that, if received without litigation, would be gross	71375
receipts;	71376

(l) Property, money, and other amounts received or acquired	71377
by an agent on behalf of another in excess of the agent's	71378
commission, fee, or other remuneration;	71379

(m) Tax refunds and other tax benefit recoveries;

71380

(n) Pension reversions;

71381

(o) Contributions to capital;

71382

(p) Sales or use taxes collected as a vendor or an	71383
out-of-state seller on behalf of the taxing jurisdiction from a	71384
consumer;	71385

(q) In the case of receipts from the sale of cigarettes or	71386
tobacco products by a wholesale dealer, retail dealer,	71387
distributor, manufacturer, or seller, all as defined in section	71388
5743.01 of the Revised Code, an amount equal to the federal and	71389
state excise taxes paid by any person on or for such cigarettes or	71390
tobacco products under subtitle E of the Internal Revenue Code or	71391
Chapter 5743. of the Revised Code;	71392

(r) In the case of receipts from the sale of motor fuel by a	71393
licensed motor fuel dealer, licensed retail dealer, or licensed	71394
permissive motor fuel dealer, all as defined in section 5735.01 of	71395
the Revised Code, an amount equal to federal and state excise	71396
taxes paid by any person on such motor fuel under section 4081 of	71397
the Internal Revenue Code or Chapter 5735. of the Revised Code;	71398

(s) In the case of receipts from the sale of beer or	71399
intoxicating liquor, as defined in section 4301.01 of the Revised	71400
Code, by a person holding a permit issued under Chapter 4301. or	71401
4303. of the Revised Code, an amount equal to federal and state	71402
excise taxes paid by any person on or for such beer or	71403
intoxicating liquor under subtitle E of the Internal Revenue Code	71404
or Chapter 4301. or 4305. of the Revised Code;	71405

(t) Receipts realized by a person engaged in selling	71406
securities in excess of the gain on the sale of those securities;	71407

(u) Receipts realized by a motor vehicle dealer, as defined	71408
in section 4501.01 of the Revised Code, from the sale or other	71409
transfer of a motor vehicle, as defined in that section, to	71410
another motor vehicle dealer for the purpose of resale by the	71411
transferee motor vehicle dealer, but only if the sale or other	71412
transfer was based upon the transferee's need to meet a specific	71413
customer's preference for a motor vehicle;	71414

(v) Receipts from a financial institution described in	71415
division (E)(3) of this section for services provided to the	71416
financial institution in connection with the issuance, processing,	71417
servicing, and management of loans or credit accounts, if such	71418
financial institution and the recipient of such receipts have at	71419
least fifty per cent of their ownership interests owned or	71420
controlled, directly or constructively through related interests,	71421
by common owners;	71422

(w) Receipts realized from administering anti-neoplastic	71423
drugs and other cancer chemotherapy, biologicals, therapeutic	71424
agents, and supportive drugs in a physician's office to patients	71425
with cancer;	71426

(x) Any receipts for which the tax imposed by this chapter is	71427
prohibited by the constitution or laws of the United States or the	71428
constitution of this state.	71429

(3) "Gross receipts" excludes amounts received or recorded on	71430
the taxpayer's books and records relating to transactions between	71431
an electric company and a regional transmission organization that	71432
are mandated by the federal energy regulatory commission.	71433

(4) "Gross receipts" excludes amounts received from the sale	71434
of tangible personal property that is delivered into or shipped	71435
from a qualified foreign trade zone area that includes a qualified	71436
intermodal facility.	71437

As used in division (F)(4) of this section:

71438

(a) "Qualified foreign trade zone area" means a warehouse or	71439
other place of delivery or shipment that is:	71440

(i) Located within one mile of the nearest boundary of an	71441
international airport; and	71442

(ii) Located, in whole or in part, within a foreign trade	71443
zone as defined in division (A)(2) of section 5709.44 of the	71444
Revised Code.	71445

(b) "Qualified intermodal facility" means a transshipment	71446
station that is capable of receiving and shipping freight through	71447
rail transportation, highway transportation, and air	71448
transportation. A transshipment station is "capable of receiving	71449
and shipping freight" after the commencement of the construction	71450
of each of the rail, highway, and air transportation components of	71451
the facility.	71452

(5) In the case of a taxpayer when acting as a real estate	71453
broker, "gross receipts" includes only the portion of any fee for	71454
the service of a real estate broker, or service of a real estate	71455
salesperson associated with that broker, that is retained by the	71456
broker and not paid to an associated real estate salesperson or	71457
another real estate broker. For the purposes of this division,	71458
"real estate broker" and "real estate salesperson" have the same	71459
meanings as in section 4735.01 of the Revised Code.	71460

(6) A taxpayer's method of accounting for gross receipts for	71461
a tax period shall be the same as the taxpayer's method of	71462
accounting for federal income tax purposes for the taxpayer's	71463
federal taxable year that includes the tax period. If a taxpayer's	71464
method of accounting for federal income tax purposes changes, its	71465
method of accounting for gross receipts under this chapter shall	71466
be changed accordingly.	71467

In calculating gross receipts, the following shall be	71468
deducted:	71469

(a) Cash discounts allowed and taken;

71470

(b) Returns and allowances;

71471

(c) Bad debts from receipts upon which the tax imposed by	71472
this chapter was paid in a prior quarterly tax payment period. For	71473
the purposes of this division, "bad debts" mean any debts that	71474
have become worthless or uncollectible between the preceding and	71475
current quarterly tax payment periods, have been uncollected for	71476
at least six months, and may be claimed as a deduction under	71477
section 166 of the Internal Revenue Code and the regulations	71478
adopted pursuant thereto, or that could be claimed as such if the	71479
taxpayer kept its accounts on the accrual basis. "Bad debts" does	71480
not include uncollectible amounts on property that remains in the	71481
possession of the taxpayer until the full purchase price is paid,	71482
expenses in attempting to collect any account receivable or for	71483
any portion of the debt recovered, and repossessed property;	71484

(d) Any amount realized from the sale of an account	71485
receivable but only to the extent the receipts from the underlying	71486
transaction giving rise to the account receivable were included in	71487
the gross receipts of the taxpayer.	71488

(G) "Taxable gross receipts" means gross receipts sitused to	71489
this state under section 5751.033 of the Revised Code.	71490

(H) A person has "substantial nexus with this state" if any	71491
of the following applies. The person:	71492

(1) Owns or uses a part or all of its capital in this state;

71493

(2) Holds a certificate of compliance with the laws of this	71494
state authorizing the person to do business in this state;	71495

(3) Has bright-line presence in this state;

71496

(4) Otherwise has nexus with this state to an extent that the	71497
person can be required to remit the tax imposed under this chapter	71498
under the constitution of the United States.	71499

(I) A person has "bright-line presence" in this state for a	71500
reporting period and for the remaining portion of the calendar	71501
year if any of the following applies. The person:	71502

(1) Has property in this state with an aggregate value of at	71503
least fifty thousand dollars. For the purpose of division (I)(1)	71504
of this section, owned property is valued at original cost and	71505
rented property is valued at eight times the net annual rental	71506
charge.	71507

(2) Has payroll in this state of at least fifty thousand	71508
dollars. Payroll in this state includes all of the following:	71509

(a) Any amount subject to withholding by the person under	71510
section 5747.06 of the Revised Code;	71511

(b) Any other amount the person pays as compensation to an	71512
individual under the supervision or control of the person for work	71513
done in this state; and	71514

(c) Any amount the person pays for services performed in this	71515
state on its behalf by another.	71516

(3) Has taxable gross receipts in this state of at least five	71517
hundred thousand dollars.	71518

(4) Has within this state at least twenty-five per cent of	71519
the person's total property, total payroll, or total sales.	71520

(5) Is domiciled in this state as an individual or for	71521
corporate, commercial, or other business purposes.	71522

(J) "Tangible personal property" has the same meaning as in	71523
section 5739.01 of the Revised Code.	71524

(K) "Internal Revenue Code" means the Internal Revenue Code	71525
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. Any term used in	71526
this chapter that is not otherwise defined has the same meaning as	71527
when used in a comparable context in the laws of the United States	71528
relating to federal income taxes unless a different meaning is	71529
clearly required. Any reference in this chapter to the Internal	71530
Revenue Code includes other laws of the United States relating to	71531
federal income taxes.	71532

(L) "Calendar quarter" means a three-month period ending on	71533
the thirty-first day of March, the thirtieth day of June, the	71534
thirtieth day of September, or the thirty-first day of December.	71535

(M) "Tax period" means the calendar quarter or calendar year	71536
on the basis of which a taxpayer is required to pay the tax	71537
imposed under this chapter.	71538

(N) "Calendar year taxpayer" means a taxpayer for which the	71539
tax period is a calendar year.	71540

(O) "Calendar quarter taxpayer" means a taxpayer for which	71541
the tax period is a calendar quarter.	71542

(P) "Agent" means a person authorized by another person to	71543
act on its behalf to undertake a transaction that generates	71544
taxable gross receipts for the other, including, but not limited	71545
to, any of the following:	71546

(1) A person receiving a fee to sell financial instruments;

71547

(2) A person holding a valid permit to conduct horse racing	71548
meetings under Chapter 3769. of the Revised Code;	71549

(3) A person issuing licenses and permits under section	71550
1533.13 of the Revised Code;	71551

(4) A lottery sales agent holding a valid license issued	71552
under section 3770.05 of the Revised Code;	71553

(5) A person acting as an agent of the division of liquor	71554
control under section 4301.17 of the Revised Code.	71555

Sec. 5751.011. (A) A group of two or more persons may elect	71556
to be a consolidated elected taxpayer for the purposes of this	71557
chapter if the group satisfies all of the following requirements:	71558

(1) The group includes all persons, other than persons	71559
enumerated in divisions (E)(2) to (10) of section 5751.01 of the	71560
Revised Code and corporations organized under the laws of a	71561
foreign country, having more than eighty per cent of the value of	71562
their ownership interests owned or controlled, directly or	71563
constructively through related interests, by common owners during	71564
all or any portion of the tax period, together with the common	71565
owners;	71566

(2) The group applies to the tax commissioner for approval to	71567
be treated as a consolidated elected taxpayer pursuant to division	71568
(D) of this section;	71569

(3) The group agrees that if the commissioner approves the	71570
election, all of the following apply:	71571

(a) The group shall file reports as a single taxpayer for at	71572
least the next eight calendar quarters following the election so	71573
long as at least two or more of the members of the group meet the	71574
requirements of division (A)(1) of this section.	71575

(b) Before the expiration of the eighth such calendar	71576
quarter, the group shall notify the commissioner if it elects to	71577
cancel its designation as a consolidated elected taxpayer. If the	71578
group does not so notify the tax commissioner, the election	71579
remains in effect for another eight calendar quarters.	71580

(c) If, at any time during any of those eight calendar	71581
quarters following the election, a former member of the group no	71582
longer meets the requirements under division (A)(1) of this	71583
section, that member shall report and pay the tax imposed under	71584
this chapter separately, as a member of a combined taxpayer, or,	71585
if the former member satisfies such requirements with respect to	71586
another consolidated elected group, as a member of that	71587
consolidated elected group.	71588

(d) The group agrees to the application of division (B) of	71589
this section.	71590

(B) A group of persons making the election under this section	71591
shall report and pay tax on all of the group's taxable gross	71592
receipts even if substantial nexus with this state does not exist	71593
for one or more persons in the group.	71594

(C)(1) A consolidated elected taxpayer shall exclude taxable	71595
gross receipts between its members. Except as provided in division	71596
(C)(2) of this section, nothing in this section shall have the	71597
effect of excluding taxable gross receipts received from persons	71598
that are not members of the group.	71599

(2) Gross receipts related to the sale or transmission of	71600
electricity through the use of an intermediary regional	71601
transmission organization approved by the federal energy	71602
regulatory commission shall be excluded from taxable gross	71603
receipts under division (C)(1) of this section if all other	71604
requirements of that division are met, even if the receipts are	71605
from and to the same member of the group.	71606

(D) To make the election to be a consolidated elected	71607
taxpayer, a group of persons shall apply to the tax commissioner	71608
and pay the commissioner a registration fee equal to the lesser of	71609
two hundred dollars or twenty dollars for each person in the	71610
group. No additional fee shall be imposed for the addition of new	71611
members to the group once the group has remitted a fee in the	71612
amount of two hundred dollars. The application shall be filed and	71613
the fee paid before the later of the beginning of the first	71614
calendar quarter to which the election applies or November 15,	71615
2005. The fee shall be collected and used in the same manner as	71616
provided in section 5751.04 of the Revised Code.	71617

The election shall be made on a form prescribed by the tax	71618
commissioner for that purpose and shall be signed by one or more	71619
individuals with authority, separately or together, to make a	71620
binding election on behalf of all persons in the group. The tax	71621
commissioner shall approve a group's election if the group	71622
satisfies the requirements of division (A) of this section.	71623

Any person acquired or formed after the filing of the	71624
registration shall be included in the group if the person meets	71625
the requirements of division (A)(1) of this section, and the group	71626
shall notify the tax commissioner of any additions to the group	71627
with the next tax return it files with the commissioner.	71628

(E) Each member of a consolidated elected taxpayer is jointly	71629
and severally liable for the tax imposed by this chapter and any	71630
penalties or interest thereon. The tax commissioner may require	71631
one person in the group to be the taxpayer for purposes of	71632
registration and remittance of the tax, but all members of the	71633
group are subject to assessment under section 5751.09 of the	71634
Revised Code.	71635

Sec. 5751.012. (A) All persons, other than persons	71636
enumerated in divisions (E)(2) to (10) of section 5751.01 of the	71637
Revised Code, having more than fifty per cent of the value of	71638
their ownership interest owned or controlled, directly or	71639
constructively through related interests, by common owners during	71640
all or any portion of the tax period, together with the common	71641
owners, shall be members of a combined taxpayer if those persons	71642
are not members of a consolidated elected taxpayer pursuant to an	71643
election under section 5751.011 of the Revised Code.	71644

(B) A combined taxpayer shall register, file returns, and pay	71645
taxes under this chapter as a single taxpayer.	71646

(C) A combined taxpayer shall neither exclude taxable gross	71647
receipts between its members nor from others that are not members.	71648

(D) A combined taxpayer shall pay to the tax commissioner a	71649
registration fee equal to the lesser of two hundred dollars or	71650
twenty dollars for each person in the group. No additional fee	71651
shall be imposed for the addition of new members to the group once	71652
the group has remitted a fee in the amount of two hundred dollars.	71653
The fee shall be timely paid before the later of the beginning of	71654
the first calendar quarter to which the election applies or	71655
November 15, 2005. The fee shall be collected and used in the same	71656
manner as provided in section 5751.04 of the Revised Code.	71657

Any person acquired or formed after the filing of the	71658
registration shall be included in the group if the person meets	71659
the requirements of division (A) of this section, and the group	71660
must notify the tax commissioner of any additions with the next	71661
quarterly tax return it files with the commissioner.	71662

(E) Each member of a combined taxpayer is jointly and	71663
severally liable for the tax imposed by this chapter and any	71664
penalties or interest thereon. The tax commissioner may require	71665
one person in the group to be the taxpayer for purposes of	71666
registration and remittance of the tax, but all members of the	71667
group are subject to assessment under section 5751.09 of the	71668
Revised Code.	71669

Sec. 5751.013. (A) Except as provided in division (B) of this	71670
section:	71671

(1) A person shall include as taxable gross receipts the	71672
value of property the person transfers into this state for the	71673
person's own use within one year after the person receives the	71674
property outside this state; and	71675

(2) In the case of an elected consolidated taxpayer or a	71676
combined taxpayer, the taxpayer shall include as taxable gross	71677
receipts sitused to this state the value of property that any of	71678
the taxpayer's members transferred into this state for the use of	71679
any of the taxpayer's members within one year after the taxpayer	71680
receives the property outside this state.	71681

(B) Property brought into this state within one year after it	71682
is received outside this state by a person or group described in	71683
division (A)(1) or (2) of this section shall not be included as	71684
taxable gross receipts as required under those divisions if the	71685
tax commissioner ascertains that the property's receipt outside	71686
this state by the person or group followed by its transfer into	71687
this state within one year was not intended in whole or in part to	71688
avoid in whole or in part the tax imposed under this chapter.	71689

(C) The tax commissioner may adopt rules necessary to	71690
administer this section.	71691

Sec. 5751.02. (A) For the purpose of funding the needs of	71692
this state and its local governments beginning with the tax period	71693
that commences July 1, 2005, and continuing for every tax period	71694
thereafter, there is hereby levied a commercial activity tax on	71695
each person with taxable gross receipts for the privilege of	71696
engaging in this state in any activity, whether legal or illegal,	71697
that is conducted for, or results in, gain, profit, or income, at	71698
any time during the calendar year. Such persons include, but are	71699
not limited to, persons with substantial nexus with this state.	71700
The tax imposed under this section is not a transactional tax and	71701
is not subject to Public Law No. 86-272, 73 Stat. 555. The tax	71702
imposed under this section is in addition to any other taxes or	71703
fees imposed under the Revised Code. The tax levied under this	71704
section is imposed on the person receiving the gross receipts and	71705
is not a tax imposed directly on a purchaser.	71706

(B) The tax imposed by this section is a tax on the taxpayer	71707
and shall not be billed or invoiced to another person. Even if the	71708
tax or any portion thereof is billed or invoiced and separately	71709
stated, such amounts remain part of the price for purposes of the	71710
sales and use taxes levied under Chapters 5739. and 5741. of the	71711
Revised Code. Nothing in division (B) of this section prohibits a	71712
person from including in the price charged for a good or service	71713
an amount sufficient to recover the tax imposed by this section.	71714

Sec. 5751.03. (A) Except as provided in division (B) of this	71715
section and in section 5751.031 of the Revised Code, the tax	71716
levied under this section for each tax period shall be the product	71717
of two and six-tenths mills per dollar times the remainder of the	71718
taxpayer's taxable gross receipts for the tax period after	71719
subtracting the exclusion amount provided for in division (C) of	71720
this section.	71721

(B) Notwithstanding division (C) of this section, the tax on	71722
the first one million dollars in taxable gross receipts each	71723
calendar year shall be one hundred dollars. For calendar year	71724
2006, the tax imposed under this division shall be paid not later	71725
than May 10, 2006, by both calendar year taxpayers and calendar	71726
quarter taxpayers. For calendar year 2007 and thereafter, the tax	71727
imposed under this division shall be paid with the fourth-quarter	71728
tax return or annual tax return for the prior calendar year by	71729
both calendar year taxpayers and calendar quarter taxpayers.	71730

(C)(1) Each calendar quarter taxpayer may exclude the first	71731
two hundred fifty thousand dollars of taxable gross receipts for a	71732
calendar quarter and may carry forward and apply any unused	71733
exclusion amount to the three subsequent calendar quarters. Each	71734
calendar year taxpayer may exclude the first one million dollars	71735
of taxable gross receipts for a calendar year.	71736

(2) A taxpayer switching from a calendar year tax period to a	71737
calendar quarter tax period may, for the first quarter of the	71738
change, apply the prior calendar quarter exclusion amounts to the	71739
first calendar quarter return the taxpayer files that calendar	71740
year. The tax rate shall be based on the rate imposed that	71741
calendar quarter when the taxpayer switches from a calendar year	71742
to a calendar quarter tax period.	71743

Sec. 5751.031. This section applies only to calendar quarter	71744
taxpayers. The tax imposed per calendar quarter under division (A)	71745
of section 5751.03 of the Revised Code shall be computed as	71746
follows:	71747

(A) From January 1, 2006, to March 31, 2006, by multiplying	71748
the tax otherwise due under that division by twenty-three per	71749
cent;	71750

(B) From April 1, 2006, to March 31, 2007, by multiplying the	71751
tax otherwise due under that division by forty per cent;	71752

(C) From April 1, 2007, to March 31, 2008, by multiplying the	71753
tax otherwise due under that division by sixty per cent;	71754

(D) From April 1, 2008, to March 31, 2009, by multiplying the	71755
tax otherwise due under that division by eighty per cent;	71756

(E) After March 31, 2008, one hundred per cent of the tax due	71757
under that division.	71758

Sec. 5751.032. (A) From its inception through February 28,	71759
2007, the commercial activity tax levied under this chapter is	71760
intended to generate six hundred seventy-seven million dollars.	71761
Not later than March 15, 2007, the tax commissioner shall provide	71762
a report to the general assembly reporting the total amount of tax	71763
paid under this chapter that was collected from the inception of	71764
the tax through February 28, 2007, and the adjustment in the rate	71765
of tax imposed under this chapter that would have been required to	71766
generate six hundred seventy-seven million dollars of tax from the	71767
inception of the tax through February 28, 2007. The tax	71768
commissioner, not later than March 15, 2007, shall certify the	71769
excess amount to the director of budget and management, who shall	71770
transfer the excess amount from the general revenue fund to the	71771
commercial activity tax reduction fund, which is hereby created in	71772
the state treasury.	71773

(B) From March 1, 2008, through February 28, 2009, the	71774
commercial activity tax levied under this chapter is intended to	71775
generate one billion one hundred seven million dollars. Not later	71776
than March 15, 2009, the tax commissioner shall provide a report	71777
to the general assembly reporting the total amount of tax paid	71778
under this chapter that was collected during, the amount by which	71779
taxes were reduced during that period under division (E) of this	71780
section, and the adjustment in the rate of tax imposed under this	71781
chapter that would have been required to generate the sum of those	71782
amounts. If the sum of such amounts exceeds one billion one	71783
hundred seven million dollars, the tax commissioner, not later	71784
than March 31, 2009, shall certify the excess amount to the	71785
director of budget and management, who shall transfer the excess	71786
amount from the general revenue fund to the commercial activity	71787
tax reduction fund between the first and fifteenth day of October.	71788

(C) During fiscal year 2010, the commercial activity tax	71789
levied under this chapter is intended to generate one billion five	71790
hundred forty-eight million dollars. Not later than September 30,	71791
2010, the tax commissioner shall provide a report to the general	71792
assembly reporting the total amount of tax paid under this chapter	71793
that was collected during fiscal year 2010, the amount by which	71794
taxes were reduced during that period under division (E) of this	71795
section, and the adjustment in the rate of tax imposed under this	71796
chapter that would have been required to generate the sum of those	71797
amounts. If the sum of such amounts exceeds one billion five	71798
hundred forty-eight million dollars, the tax commissioner, not	71799
later than September 30, 2010, shall certify the excess amount to	71800
the director of budget and management, who shall transfer the	71801
excess amount from the general revenue fund to the commercial	71802
activity tax reduction fund between the first and fifteenth day of	71803
October.	71804

(D) During fiscal year 2011 and each succeeding fiscal year,	71805
the commercial activity tax levied under this chapter is intended	71806
to generate one billion five hundred ninety-four million dollars.	71807
Not later than the thirtieth day of September each fiscal year	71808
beginning in fiscal year 2012, the tax commissioner shall provide	71809
a report to the general assembly reporting the total amount of tax	71810
paid under this chapter that was collected during the preceding	71811
fiscal year, the amount by which taxes were reduced during that	71812
period under division (E) of this section, and the adjustment in	71813
the rate of tax imposed under this chapter that would have been	71814
required to generate the sum of those amounts. If the sum of such	71815
amounts exceeds one billion five hundred ninety-four million	71816
dollars, the tax commissioner, not later than the thirtieth day of	71817
September of the current fiscal year, shall certify the excess	71818
amount to the director of budget and management, who shall	71819
transfer the excess amount from the general revenue fund to the	71820
commercial activity tax reduction fund between the first and	71821
fifteenth day of October.	71822

(E) All money credited to the commercial activity tax	71823
reduction fund in any year, including all investment earnings on	71824
balances in the fund, shall be applied to reduce the rate of tax	71825
imposed under section 5751.03 of the Revised Code as provided in	71826
this division. Each year after making the transfer under division	71827
(A), (B), (C), or (D) of this section, the director of budget and	71828
management shall compute the percentage that the excess amount	71829
transferred under that division is of the intended revenue amount	71830
for the fiscal year in which the transfer is made, and certify	71831
that amount to the tax commissioner. The tax rate imposed under	71832
section 5751.03 of the Revised Code for the tax year beginning on	71833
the first day of January in the fiscal year in which the transfer	71834
is made shall be reduced by the percentage certified by the	71835
director. The tax commissioner shall certify the adjusted tax rate	71836
to the governor, the president of the senate, the speaker of the	71837
house of representatives, and all members of the general assembly.	71838
The commissioner shall publish the revised rate by journal entry	71839
and provide notice to taxpayers of the revised rate.	71840

(F) Before the last day of March, June, September, and	71841
December of each tax year in which the rate of tax imposed by	71842
section 5751.03 of the Revised Code is reduced under division (E)	71843
of this section, the director of budget and management shall	71844
transfer from the commercial activity tax reduction fund to the	71845
general revenue fund one-fourth of the excess amount transferred	71846
under division (A), (B), (C), or (D) of this section, as	71847
applicable, in October of the preceding calendar year.	71848

Sec. 5751.033. For the purposes of this chapter, gross	71849
receipts shall be sitused to this state as follows:	71850

(A) Gross rents and royalties from real property located in	71851
this state shall be sitused to this state.	71852

(B) Gross rents and royalties from tangible personal property	71853
shall be sitused to this state to the extent the tangible personal	71854
property is located or used in this state.	71855

(C) Gross receipts from the sale of electricity and electric	71856
transmission and distribution services shall be sitused to this	71857
state in the manner provided under section 5733.059 of the Revised	71858
Code.	71859

(D) Gross receipts from the sale of real property located in	71860
this state shall be sitused to this state.	71861

(E) Gross receipts from the sale of tangible personal	71862
property shall be sitused to this state if the property is	71863
received in this state by the purchaser. In the case of delivery	71864
of tangible personal property by common carrier or by other means	71865
of transportation, the place at which such property is ultimately	71866
received after all transportation has been completed shall be	71867
considered the place where the purchaser receives the property.	71868
For purposes of this section, the phrase "delivery of tangible	71869
personal property by common carrier or by other means of	71870
transportation" includes the situation in which a purchaser	71871
accepts the property in this state and then transports the	71872
property directly or by other means to a location outside this	71873
state. Direct delivery in this state, other than for purposes of	71874
transportation, to a person or firm designated by a purchaser	71875
constitutes delivery to the purchaser in this state, and direct	71876
delivery outside this state to a person or firm designated by a	71877
purchaser does not constitute delivery to the purchaser in this	71878
state, regardless of where title passes or other conditions of	71879
sale.	71880

(F) Gross receipts from the sale, exchange, disposition, or	71881
other grant of the right to use trademarks, trade names, patents,	71882
copyrights, and similar intellectual property shall be sitused to	71883
this state to the extent that the receipts are based on the amount	71884
of use of the property in this state. If the receipts are not	71885
based on the amount of use of the property, but rather on the	71886
right to use the property, and the payor has the right to use the	71887
property in this state, then the receipts from the sale, exchange,	71888
disposition, or other grant of the right to use such property	71889
shall be sitused to this state to the extent the receipts are	71890
based on the right to use the property in this state.	71891

(G) Gross receipts from the sale of transportation services	71892
by a common or contract carrier shall be sitused to this state in	71893
proportion to the mileage traveled by the carrier during the tax	71894
period on roadways, waterways, airways, and railways in this state	71895
to the mileage traveled by the carrier during the tax period on	71896
roadways, waterways, airways, and railways everywhere. With prior	71897
written approval of the tax commissioner, a common or contract	71898
carrier may use an alternative situsing procedure for	71899
transportation services.	71900

(H) Gross receipts from dividends, interest, and other	71901
sources of income from financial instruments described in division	71902
(F)(4), (5), (6), (7), (8), (9), (10), (11), and (13) of section	71903
5733.056 of the Revised Code shall be sitused to this state in	71904
accordance with the situsing provisions set forth in those	71905
divisions. When applying the provisions of divisions (F)(6), (8),	71906
and (13) of section 5733.056 of the Revised Code, "gross receipts"	71907
shall be substituted for "net gains" wherever "net gains" appears	71908
in those divisions. Nothing in this division limits or modifies	71909
the exclusions enumerated in divisions (E) and (F)(2) of section	71910
5751.01 of the Revised Code. The tax commissioner may promulgate	71911
rules to further specify the manner in which to situs gross	71912
receipts subject to this division.	71913

(I) Gross receipts from the sale of all other services, and	71914
all other gross receipts not otherwise sitused under this section,	71915
shall be sitused to this state in the proportion that the	71916
purchaser's benefit in this state with respect to what was	71917
purchased bears to the purchaser's benefit everywhere with respect	71918
to what was purchased. The physical location where the purchaser	71919
ultimately uses or receives the benefit of what was purchased	71920
shall be paramount in determining the proportion of the benefit in	71921
this state to the benefit everywhere.	71922

(J) If the situsing provisions of divisions (A) to (H) of	71923
this section do not fairly represent the extent of a person's	71924
activity in this state, the person may request, or the tax	71925
commissioner may require or permit, an alternative method. Such	71926
request by a person must be made within the applicable statute of	71927
limitations set forth in this chapter.	71928

(K) The tax commissioner may adopt rules to provide	71929
additional guidance to the application of this section, and	71930
provide alternative methods of situsing gross receipts that apply	71931
to all persons, or subset of persons, that are engaged in similar	71932
business or trade activities.	71933

Sec. 5751.04. (A) Not later than the later of November 15,	71934
2005, or thirty days after a person first has more than forty	71935
thousand dollars in taxable gross receipts in a calendar year,	71936
each person subject to this chapter shall register with the tax	71937
commissioner on the form prescribed by the commissioner. The form	71938
shall include the following:	71939

(1) The person's name;

71940

(2) If applicable, the name of the state or country under the	71941
laws of which the person is incorporated;	71942

(3) If applicable, the location of a person's principal	71943
office, and, in the case of a foreign corporation, the location of	71944
its principal place of business in this state and the name and	71945
address of the officer or agent of the corporation in charge of	71946
the business in this state;	71947

(4) If applicable, the names of the person's president,	71948
secretary, treasurer, and statutory agent designated pursuant to	71949
section 1703.041 of the Revised Code, with the post office address	71950
of each;	71951

(5) The kind of business in which the person is engaged,	71952
including applicable business or industry codes;	71953

(6) The date of the beginning of the person's annual	71954
accounting period that includes the first day of January of the	71955
taxable calendar year;	71956

(7) If the person is not a corporation or a sole proprietor,	71957
the names of all the person's owners and officers;	71958

(8) The person's federal employer identification number or	71959
numbers or, if those are not applicable, the person's social	71960
security number or equivalent;	71961

(9) All other information that the commissioner requires to	71962
administer and enforce this chapter.	71963

(B) Except as otherwise provided in this division, each	71964
person registering with the tax commissioner as required by	71965
division (A) of this section shall pay a registration fee. The fee	71966
shall be in the amount of fifteen dollars if a person registers	71967
electronically and twenty dollars if a person does not register	71968
electronically. The registration fee shall be paid in the manner	71969
prescribed by the tax commissioner at the same time the	71970
registration is due if a person is subject to the tax imposed	71971
under this chapter before January 1, 2006. If a person first	71972
becomes subject to the tax after that date, the registration fee	71973
is payable with the first tax period return the person is required	71974
to file as prescribed by section 5751.05 of the Revised Code. If a	71975
registration fee is not paid when due, an additional fee is	71976
imposed in the amount of one hundred dollars per month or part	71977
thereof the fee is outstanding, not to exceed one thousand	71978
dollars. The tax commissioner may abate the additional fee. The	71979
fee imposed under this division may be assessed in the same manner	71980
as the tax imposed under this chapter. Proceeds from the fee shall	71981
be credited to the commercial activity tax administrative fund,	71982
which is hereby created in the state treasury for the commissioner	71983
to use in implementing and administering the tax imposed under	71984
this chapter.	71985

No registration fee is payable by a person for a calendar	71986
year if the person first begins business operations in this state	71987
after the thirtieth day of November of that calendar year or if	71988
the person's taxable gross receipts for the calendar year exceed	71989
forty thousand dollars but do not exceed forty thousand dollars as	71990
of the first day of December of the calendar year.	71991

Registration fees paid under this section, excluding any	71992
additional fee imposed for late payment of the registration fee,	71993
shall be credited against the first payment of tax payable under	71994
section 5751.03 of the Revised Code after the registration fee is	71995
paid.	71996

(C) If a person that has registered under this section is no	71997
longer a taxpayer subject to this chapter, including no longer	71998
being a taxpayer because of the application of division (E)(1) of	71999
section 5751.01 of the Revised Code, the person shall notify the	72000
commissioner that the person's registration should be cancelled.	72001

Sec. 5751.05. (A) If a person subject to this chapter	72002
anticipates that the person's taxable gross receipts will be less	72003
than one million dollars in calendar year 2006, the person may	72004
elect to be a calendar year taxpayer. If a person is not required	72005
to be registered under this section for calendar year 2006 and	72006
anticipates that the person's taxable gross receipts will be less	72007
than one million dollars in the first calendar year the person is	72008
required to register under this section, the person may elect to	72009
be a calendar year taxpayer.	72010

(B) Any person that is a calendar year taxpayer pursuant to	72011
an election under division (A) of this section shall become a	72012
calendar quarter taxpayer in the subsequent calendar year if the	72013
person's taxable gross receipts for the prior calendar year are	72014
one million dollars or more, and shall remain a calendar quarter	72015
taxpayer until the person notifies the tax commissioner, and	72016
receives approval in writing from the tax commissioner, to switch	72017
back to being a calendar year taxpayer. Nothing in this division	72018
prohibits a person that has elected to be a calendar year taxpayer	72019
from notifying the tax commissioner, using the procedures	72020
prescribed by the commissioner, that it is switching back to being	72021
a calendar quarter taxpayer.	72022

(C) Any taxpayer that is not a calendar year taxpayer	72023
pursuant to this section is a calendar quarter taxpayer. The tax	72024
commissioner may grant written approval for a calendar quarter	72025
taxpayer to use an alternative reporting schedule or estimate the	72026
amount of tax due for a calendar quarter if the taxpayer	72027
demonstrates to the commissioner the need for such a deviation.	72028
The commissioner may adopt a rule to apply division (C) of this	72029
section to a group of taxpayers without the taxpayers having to	72030
receive written approval from the commissioner.	72031

Sec. 5751.051. (A)(1) Not later than forty days after the	72032
end of each calendar quarter, every taxpayer other than a calendar	72033
year taxpayer shall file with the tax commissioner a tax return in	72034
such form as the commissioner prescribes. The return shall	72035
include, but is not limited to, the amount of the taxpayer's	72036
taxable gross receipts for the calendar quarter and shall indicate	72037
the amount of tax due under section 5751.03 of the Revised Code	72038
for the calendar quarter.	72039

(2) Not later than forty days after the end of each calendar	72040
year, every calendar year taxpayer shall file with the tax	72041
commissioner a tax return in such form as the commissioner	72042
prescribes. The return shall include, but is not limited to, the	72043
amount of the taxpayer's taxable gross receipts for the calendar	72044
year and shall indicate the amount of tax due under section	72045
5751.03 of the Revised Code for the calendar year.	72046

(B) A person that first becomes subject to this chapter	72047
during a calendar quarter on or after January 1, 2006, shall pay	72048
the minimum tax imposed under division (B) of section 5751.03 of	72049
the Revised Code along with the registration fee imposed under	72050
this section on or before the day the return is required to be	72051
filed for that quarter under division (A)(1) of this section,	72052
regardless of whether the person elects to be a calendar year	72053
taxpayer under section 5751.04 of the Revised Code.	72054

The amount of the minimum tax shall be reduced to fifty	72055
dollars if the registration is timely filed after the first day of	72056
May and before the first day of December of the calendar year.	72057

Sec. 5751.06. (A) Any taxpayer that fails to file a return	72058
or pay the full amount of the tax due within the period prescribed	72059
therefor under this chapter shall pay a penalty in an amount not	72060
exceeding the greater of fifty dollars or ten per cent of the tax	72061
required to be paid for the tax period.	72062

(B)(1) If any additional tax is found to be due, the tax	72063
commissioner may impose an additional penalty of up to fifteen per	72064
cent on the additional tax found to be due.	72065

(2) Any delinquent payments of the tax made after a taxpayer	72066
is notified of an audit or a tax discrepancy by the commissioner	72067
is subject to the penalty imposed by division (B) of this section.	72068
If an assessment is issued under section 5751.10 of the Revised	72069
Code in connection with such delinquent payments, the payments	72070
shall be credited to the assessment.	72071

(C) After calendar year 2008, the tax commissioner may impose	72072
an additional penalty against a taxpayer that fails to switch to	72073
being a calendar quarter taxpayer at the time it had over two	72074
million in taxable gross receipts in the calendar year, as	72075
required under section 5751.04 of the Revised Code. The penalty	72076
may be imposed in an amount not to exceed ten per cent of the tax	72077
due above two million dollars in taxable gross receipts for the	72078
calendar year. Any penalty imposed under this division is in	72079
addition to any other penalties imposed under this section.	72080

(D) If the tax commissioner notifies a person required to	72081
register under section 5751.05 of the Revised Code of such	72082
requirement and of the requirement to remit the tax due under this	72083
chapter, and the person fails to so register and remit the tax	72084
within sixty days after such notice, the tax commissioner may	72085
impose an additional penalty of up to thirty-five per cent of the	72086
tax due. The penalty imposed under this division is in addition to	72087
any other penalties imposed under this section.	72088

(E) The tax commissioner may collect any penalty or interest	72089
imposed by this section in the same manner as the tax imposed	72090
under this chapter. Penalties and interest so collected shall be	72091
considered as revenue arising from the tax imposed under this	72092
chapter.	72093

(F) The tax commissioner may abate all or a portion of any	72094
penalties imposed under this section and may adopt rules governing	72095
such abatements.	72096

(G) If any tax due is not timely paid in accordance with this	72097
chapter, the taxpayer shall pay interest, calculated at the rate	72098
per annum prescribed by section 5703.47 of the Revised Code, from	72099
the date the tax payment was due to the date of payment or to the	72100
date an assessment was issued, whichever occurs first.	72101

Sec. 5751.07. (A) Any person required to file returns for a	72102
calendar quarter shall remit each tax payment, and, if required by	72103
the tax commissioner, file the tax return or the annual report,	72104
electronically. The commissioner may require taxpayers to use the	72105
Ohio business gateway as defined in section 718.051 of the Revised	72106
Code to file returns and remit the tax, or may provide another	72107
means for taxpayers to file and remit the tax electronically.	72108

(B) A person required by this section to remit taxes or file	72109
returns electronically may apply to the tax commissioner, on the	72110
form prescribed by the commissioner, to be excused from that	72111
requirement. The commissioner may excuse a person from the	72112
requirements of this division for good cause.	72113

(C)(1) If a person required to remit taxes or file a return	72114
electronically under this section fails to do so, the commissioner	72115
may impose a penalty not to exceed the following:	72116

(a) For either of the first two calendar quarters the person	72117
so fails, five per cent of the amount of the payment that was	72118
required to be remitted;	72119

(b) For the third and any subsequent calendar quarters the	72120
person so fails, ten per cent of the amount of the payment that	72121
was required to be remitted.	72122

(2) The penalty imposed under division (C)(1) of this section	72123
is in addition to any other penalty imposed under this chapter and	72124
shall be considered as revenue arising from the tax imposed under	72125
this chapter. A penalty may be collected by assessment in the	72126
manner prescribed by section 5751.09 of the Revised Code. The tax	72127
commissioner may abate all or a portion of such a penalty.	72128

Sec. 5751.08. (A) An application for refund to the taxpayer	72129
of the amount of taxes imposed under this chapter that are	72130
overpaid, paid illegally or erroneously, or paid on any illegal or	72131
erroneous assessment shall be filed with the tax commissioner, on	72132
the form prescribed by the commissioner, within four years after	72133
the date of the illegal or erroneous payment of the tax. The	72134
applicant shall provide the amount of the requested refund along	72135
with the claimed reasons for, and documentation to support, the	72136
issuance of a refund.	72137

(B) On the filing of the refund application, the tax	72138
commissioner shall determine the amount of refund to which the	72139
applicant is entitled. If the amount is not less than that	72140
claimed, the commissioner shall certify the amount to the director	72141
of budget and management and treasurer of state for payment from	72142
the tax refund fund created under section 5703.052 of the Revised	72143
Code. If the amount is less than that claimed, the commissioner	72144
shall proceed in accordance with section 5703.70 of the Revised	72145
Code.	72146

(C) Interest on a refund applied for under this section,	72147
computed at the rate provided for in section 5703.47 of the	72148
Revised Code, shall be allowed from the later of the date the tax	72149
was paid or when the tax payment was due.	72150

(D) A calendar quarter taxpayer with more than one million	72151
dollars in taxable gross receipts in a calendar year other than	72152
calendar year 2005 and that is not able to exclude one million	72153
dollars in taxable gross receipts because of the operation of the	72154
taxpayer's business in that calendar year may file for a refund	72155
under this section to obtain the full exclusion of one million	72156
dollars in taxable gross receipts for that calendar year.	72157

(E) No person with an active registration as a taxpayer under	72158
this chapter may claim a refund under this section for the tax	72159
imposed under division (B) of section 5751.03 of the Revised Code	72160
unless the person cancelled the registration before the tenth day	72161
of February of the current calendar year pursuant to division (C)	72162
of section 5751.04 of the Revised Code.	72163

(F) Except as provided in section 5751.091 of the Revised	72164
Code, the tax commissioner may, with the consent of the taxpayer,	72165
provide for the crediting against tax due for a tax year the	72166
amount of any refund due the taxpayer under this chapter for a	72167
preceding tax year.	72168

Sec. 5751.081. As used in this section, "debt to this state"	72169
means unpaid taxes due the state, unpaid workers' compensation	72170
premiums due under section 4123.35 of the Revised Code, unpaid	72171
unemployment compensation contributions due under section 4141.25	72172
of the Revised Code, unpaid unemployment compensation payment in	72173
lieu of contribution under section 4141.241 of the Revised Code,	72174
unpaid fee payable to the state or to the clerk of courts pursuant	72175
to section 4505.06 of the Revised Code, incorrect medical	72176
assistance payments under section 5111.02 of the Revised Code, or	72177
any unpaid charge, penalty, or interest arising from any of the	72178
foregoing.	72179

If a taxpayer entitled to a refund under section 5751.08 of	72180
the Revised Code owes any debt to this state, the amount	72181
refundable may be applied in satisfaction of the debt. If the	72182
amount refundable is less than the amount of the debt, it may be	72183
applied in partial satisfaction of the debt. If the amount	72184
refundable is greater than the amount of the debt, the amount	72185
remaining after satisfaction of the debt shall be refunded. This	72186
section applies only to debts that have become final. For the	72187
purposes of this section, a debt becomes final when, under the	72188
applicable law, any time provided for petition for reassessment,	72189
request for reconsideration, or other appeal of the legality or	72190
validity of the amount giving rise to the debt expires without an	72191
appeal having been filed in the manner provided by law.	72192

Sec. 5751.09. (A) The tax commissioner may make an	72193
assessment, based on any information in the commissioner's	72194
possession, against any person that fails to file a return or pay	72195
any tax as required by this chapter. The commissioner shall give	72196
the person assessed written notice of the assessment as provided	72197
in section 5703.37 of the Revised Code. With the notice, the	72198
commissioner shall provide instructions on the manner in which to	72199
petition for reassessment and request a hearing with respect to	72200
the petition.	72201

(B) Unless the person assessed, within sixty days after	72202
service of the notice of assessment, files with the tax	72203
commissioner, either personally or by certified mail, a written	72204
petition signed by the person or the person's authorized agent	72205
having knowledge of the facts, the assessment becomes final, and	72206
the amount of the assessment is due and payable from the person	72207
assessed to the treasurer of state. The petition shall indicate	72208
the objections of the person assessed, but additional objections	72209
may be raised in writing if received by the commissioner prior to	72210
the date shown on the final determination.	72211

If a petition for reassessment has been properly filed, the	72212
commissioner shall proceed under section 5703.60 of the Revised	72213
Code.	72214

(C)(1) After an assessment becomes final, if any portion of	72215
the assessment, including accrued interest, remains unpaid, a	72216
certified copy of the tax commissioner's entry making the	72217
assessment final may be filed in the office of the clerk of the	72218
court of common pleas in the county in which the person resides or	72219
has its principal place of business in this state, or in the	72220
office of the clerk of court of common pleas of Franklin county.	72221

(2) Immediately upon the filing of the entry, the clerk shall	72222
enter judgment for the state against the person assessed in the	72223
amount shown on the entry. The judgment may be filed by the clerk	72224
in a loose-leaf book entitled, "special judgments for the	72225
commercial activity tax" and shall have the same effect as other	72226
judgments. Execution shall issue upon the judgment at the request	72227
of the tax commissioner, and all laws applicable to sales on	72228
execution shall apply to sales made under the judgment.	72229

(3) The portion of the assessment not paid within sixty days	72230
after the day the assessment was issued shall bear interest at the	72231
rate per annum prescribed by section 5703.47 of the Revised Code	72232
from the day the tax commissioner issues the assessment until it	72233
is paid. Interest shall be paid in the same manner as the tax and	72234
may be collected by the issuance of an assessment under this	72235
section.	72236

(D) If the tax commissioner believes that collection of the	72237
tax will be jeopardized unless proceedings to collect or secure	72238
collection of the tax are instituted without delay, the	72239
commissioner may issue a jeopardy assessment against the person	72240
liable for the tax. Immediately upon the issuance of the jeopardy	72241
assessment, the commissioner shall file an entry with the clerk of	72242
the court of common pleas in the manner prescribed by division (C)	72243
of this section. Notice of the jeopardy assessment shall be served	72244
on the person assessed or the person's authorized agent in the	72245
manner provided in section 5703.37 of the Revised Code within five	72246
days of the filing of the entry with the clerk. The total amount	72247
assessed is immediately due and payable, unless the person	72248
assessed files a petition for reassessment in accordance with	72249
division (B) of this section and provides security in a form	72250
satisfactory to the commissioner and in an amount sufficient to	72251
satisfy the unpaid balance of the assessment. Full or partial	72252
payment of the assessment does not prejudice the commissioner's	72253
consideration of the petition for reassessment.	72254

(E) The tax commissioner shall immediately forward to the	72255
treasurer of state all amounts the commissioner receives under	72256
this section, and such amounts shall be considered as revenue	72257
arising from the tax imposed under this chapter.	72258

(F) Except as otherwise provided in this division, no	72259
assessment shall be made or issued against a taxpayer for the tax	72260
imposed under this chapter more than four years after the due date	72261
for the filing of the return for the tax period for which the tax	72262
was reported, or more than four years after the return for the tax	72263
period was filed, whichever is later. Nothing in this division	72264
bars an assessment against a taxpayer that fails to file a return	72265
required by this chapter or that files a fraudulent return.	72266

(G) If the tax commissioner possesses information that	72267
indicates that the amount of tax a taxpayer is required to pay	72268
under this chapter exceeds the amount the taxpayer paid, the tax	72269
commissioner may audit a sample of the taxpayer's sales or	72270
receipts over a representative period of time to ascertain the	72271
amount of tax due, and may issue an assessment based on the audit.	72272
The tax commissioner shall make a good faith effort to reach	72273
agreement with the taxpayer in selecting a representative sample.	72274
The tax commissioner may apply a sampling method only if the	72275
commissioner has prescribed the method by rule.	72276

(H) If the whereabouts of a person subject to this chapter is	72277
not known to the tax commissioner, the secretary of state is	72278
hereby deemed to be that person's agent for purposes of service of	72279
process of notice of any assessment, action, or proceedings	72280
instituted in this state against the person under this chapter.	72281
Such process or notice shall be served on such person by the	72282
commissioner or by one of the commissioner's agents by leaving at	72283
the office of the secretary of state, at least fifteen days before	72284
the return day of such process or notice, a true and attested copy	72285
of the notice, and by sending to such person by ordinary mail,	72286
with an endorsement thereon of the service upon the secretary of	72287
state, addressed to such person at the person's last known	72288
address.	72289

Sec. 5751.10. If any person liable for the tax imposed under	72290
this chapter sells the trade or business, disposes in any manner	72291
other than in the regular course of business at least seventy-five	72292
per cent of assets of the trade or business, or quits the trade or	72293
business, any tax owed by such person shall become due and payable	72294
immediately, and the person shall pay the tax under this section,	72295
including any applicable penalties and interest, within fifteen	72296
days after the date of selling or quitting the trade or business.	72297
The person's successor shall withhold a sufficient amount of the	72298
purchase money to cover the amount due and unpaid until the former	72299
owner produces a receipt from the tax commissioner showing that	72300
the amounts are paid or a certificate indicating that no taxes are	72301
due. If a purchaser fails to withhold purchase money, that person	72302
is personally liable up to the purchase money amount, for such	72303
amounts that are unpaid during the operation of the business by	72304
the former owner.	72305

The tax commissioner may adopt rules regarding the issuance	72306
of certificates under this section, including the waiver of the	72307
need for a certificate if certain criteria are met.	72308

Sec. 5751.11. (A) If any person subject to this chapter fails	72309
to report or pay the tax as required under this chapter, or fails	72310
to pay any penalty imposed under this chapter within ninety days	72311
after the time prescribed for payment of the penalty, the tax	72312
commissioner shall provide such person at least thirty days'	72313
notice either personally or by certified mail of the	72314
commissioner's intent to revoke the person's registration under	72315
section 5751.04 of the Revised Code. The revocation shall be	72316
stayed if the taxpayer objects, in writing, to the revocation	72317
within thirty days from the receipt of the notice of revocation.	72318
It shall be unlawful for such person to engage in business in this	72319
state after such registration is revoked. A final determination	72320
revoking a registration shall be served in the manner provided by	72321
section 5703.37 of the Revised Code. The commissioner's final	72322
determination may be appealed to the board of tax appeals pursuant	72323
to section 5717.02 of the Revised Code. The revocation shall	72324
become effective immediately upon the expiration of all time	72325
limits for appeal. The commissioner shall certify the revocation	72326
to the secretary of state.	72327

(B) Upon receiving notification of the commissioner's	72328
revocation under division (A) of this section, the secretary of	72329
state shall:	72330

(1) Cancel the articles of incorporation of any corporation	72331
that is organized under the laws of the state by appropriate entry	72332
upon the margin thereof;	72333

(2) Cancel by proper entry the certificate of authority of	72334
any foreign corporation to do business in this state;	72335

(3) Cancel the registration of a domestic limited liability	72336
partnership by making a notation of the cancellation on the	72337
secretary of state's records of those persons that are the subject	72338
of the revocation.	72339

Upon a cancellation under division (B) of this section, all	72340
the powers, privileges, and franchises conferred upon a	72341
corporation by its articles of incorporation or conferred upon a	72342
foreign corporation by its certificate of authority, and all	72343
powers and privileges of a registered domestic limited liability	72344
partnership cease, subject to Title XVII of the Revised Code.	72345

Upon making a cancellation under division (B) of this	72346
section, the secretary of state shall immediately notify such	72347
domestic or foreign corporation or domestic limited liability	72348
partnership of the action taken by the secretary of state, and	72349
shall forward for filing a certification of the action to the	72350
county recorder of the county in which the principal place of	72351
business of the corporation or partnership in this state is	72352
located. No fee shall be charged by the county recorder for the	72353
filing.	72354

(C) No person shall exercise or attempt to exercise any	72355
powers, privileges, or franchises under its articles of	72356
incorporation or its certificate of authority, whichever the case	72357
may be, after its articles or certificate is canceled for failure	72358
to make a report or return or to pay any tax or fee under this	72359
chapter.	72360

(D) A person whose registration has been revoked under this	72361
section may not reregister for a new registration under section	72362
5751.04 of the Revised Code unless and until all applicable taxes,	72363
penalties, and interest are paid. In addition, no individual	72364
having a ten per cent or greater direct or constructive ownership	72365
interest in such person may reregister as an owner of a trade or	72366
business registering under section 5751.04 of the Revised Code	72367
unless and until all applicable taxes, penalties, and interest are	72368
paid.	72369

(E) Upon a corporation's or partnership's paying any fees	72370
required by the secretary of state and filing with the secretary	72371
of state a certificate from the tax commissioner specifying that	72372
it has complied with all the requirements of this chapter and has	72373
paid all applicable taxes, penalties, and interest, the secretary	72374
of state shall cancel the entry of cancellation of the	72375
corporation's or partnership's rights, privileges, and franchises.	72376

Sec. 5751.12. The tax commissioner may prescribe	72377
requirements for the keeping of records and other pertinent	72378
documents, the filing of copies of federal income tax returns and	72379
determinations, and computations reconciling federal income tax	72380
returns with the returns and reports required by section 5751.05	72381
of the Revised Code. The commissioner may require any person, by	72382
rule or notice served on that person, to keep those records that	72383
the commissioner considers necessary to show whether, and the	72384
extent to which, a person is subject to this chapter. Those	72385
records and other documents shall be open during business hours to	72386
the inspection of the commissioner, and shall be preserved for a	72387
period of four years unless the commissioner, in writing, consents	72388
to their destruction within that period, or by order requires that	72389
they be kept longer. If such records are normally kept by the	72390
person electronically, the person shall provide such records to	72391
the commissioner electronically at the commissioner's request.	72392

Any information required by the tax commissioner under this	72393
chapter is confidential as provided for in section 5703.21 of the	72394
Revised Code. However, the commissioner shall make public an	72395
electronic list of all actively registered persons required to	72396
remit the tax under this chapter, including legal names, trade	72397
names, addresses, and account numbers. In addition, such list	72398
shall include all persons that cancelled their registration at any	72399
time during the preceding four calendar years, including the date	72400
the registration was cancelled.	72401

Sec. 5751.20. (A) As used in sections 5751.20 to 5751.22 of	72402
the Revised Code:	72403

(1) "School district," "joint vocational school district,"	72404
"local taxing unit," "state education aid," "recognized	72405
valuation," "fixed-rate levy," and "fixed-sum levy" have the same	72406
meanings as used in section 5727.84 of the Revised Code.	72407

(2) "State education aid offset" means the amount determined	72408
for each school district or joint vocational school district under	72409
division (A)(1) of section 5751.21 of the Revised Code.	72410

(3) "Machinery and equipment property tax value loss" means	72411
the amount determined under division (C)(1) of this section.	72412

(4) "Inventory property tax value loss" means the amount	72413
determined under division (C)(2) of this section.	72414

(5) "Furniture and fixtures property tax value loss" means	72415
the amount determined under division (C)(3) of this section.	72416

(6) "Machinery and equipment fixed-rate levy loss" means the	72417
amount determined under division (D)(1) of this section.	72418

(7) "Inventory fixed-rate levy loss" means the amount	72419
determined under division (D)(2) of this section.	72420

(8) "Furniture and fixtures fixed-rate levy loss" means the	72421
amount determined under division (D)(3) of this section.	72422

(9) "Total fixed-rate levy loss" means the sum of the	72423
machinery and equipment fixed-rate levy loss, the inventory	72424
fixed-rate levy loss, and the furniture and fixtures fixed-rate	72425
levy loss.	72426

(10) "Fixed-sum levy loss" means the amount determined under	72427
division (E) of this section.	72428

(11) "Machinery and equipment" means personal property	72429
subject to the assessment rate specified in division (F) of	72430
section 5711.22 of the Revised Code.	72431

(12) "Inventory" means personal property subject to the	72432
assessment rate specified in division (E) of section 5711.22 of	72433
the Revised Code.	72434

(13) "Furniture and fixtures" means personal property subject	72435
to the assessment rate specified in division (G) of section	72436
5711.22 of the Revised Code.	72437

(14) "Qualifying levies" are levies in effect for tax year	72438
2004 or applicable to tax year 2005 or approved at an election	72439
conducted before September 1, 2005, and first levied in tax year	72440
2006.	72441

(B) The commercial activities tax receipts fund is hereby	72442
created in the state treasury and shall consist of money arising	72443
from the tax imposed under this chapter. All money in that fund	72444
shall be credited for each fiscal year in the following	72445
percentages to the general revenue fund, to the school district	72446
tangible property tax replacement fund, which is hereby created in	72447
the state treasury for the purpose of making the payments	72448
described in section 5751.21 of the Revised Code, and to the local	72449
government tangible property tax replacement fund, which is hereby	72450
created in the state treasury for the purpose of making the	72451
payments described in section 5751.22 of the Revised Code, in the	72452
following percentages:	72453

Fiscal year	General Revenue Fund	School District Tangible Property Tax Replacement Fund	Local Government Tangible Property Tax Replacement Fund	72454
2006	67.7%	22.6%	9.7%	72455
2007	0%	70.0%	30.0%	72456
2008	0%	70.0%	30.0%	72457
2009	0%	70.0%	30.0%	72458
2010	0%	70.0%	30.0%	72459
2011	3.6%	67.5%	28.9%	72460
2012	9.5%	67.5%	23.0%	72461
2013	14.4%	67.5%	18.1%	72462
2014	17.7%	67.5%	14.8%	72463
2015	20.6%	67.5%	11.9%	72464
2016	24.0%	67.5%	8.5%	72465
2017	27.4%	67.5%	5.1%	72466
2018	30.8%	67.5%	1.7%	72467
2019 and thereafter	100%	0%	0%	72468

(C) Not later than September 15, 2005, the tax commissioner	72469
shall determine for each school district, joint vocational school	72470
district, and local taxing unit its machinery and equipment,	72471
inventory property, and furniture and fixtures property tax value	72472
losses, which are the applicable amounts described in divisions	72473
(C)(1), (2), and (3) of this section:	72474

(1) Machinery and equipment property tax value loss is the	72475
taxable value of machinery and equipment property as reported by	72476
taxpayers for tax year 2004 multiplied by:	72477

(a) For tax year 2006, thirty-three and eight-tenths per	72478
cent;	72479

(b) For tax year 2007, sixty-one and three-tenths per cent;

72480

72481

(d) For tax year 2009 and thereafter, one hundred per cent.

72482

(2) Inventory property tax value loss is the taxable value of	72483
inventory property as reported by taxpayers for tax year 2004	72484
multiplied by:	72485

(a) For tax year 2006, a fraction, the numerator of which is	72486
five and three-fourths and the denominator of which is	72487
twenty-three;	72488

(b) For tax year 2007, a fraction, the numerator of which is	72489
nine and one-half and the denominator of which is twenty-three;	72490

(c) For tax year 2008, a fraction, the numerator of which is	72491
thirteen and one-fourth and the denominator of which is	72492
twenty-three;	72493

(d) For tax year 2009 and thereafter a fraction, the	72494
numerator of which is seventeen and the denominator of which is	72495
twenty-three.	72496

(3) Furniture and fixtures property tax value loss is the	72497
taxable value of furniture and fixture property as reported by	72498
taxpayers for tax year 2004 multiplied by:	72499

(a) For tax year 2006, twenty-five per cent;

72500

(b) For tax year 2007, fifty per cent;

72501

72502

(d) For tax year 2009 and thereafter, one hundred per cent.

72503

To facilitate the calculations required under division (C) of	72504
this section, the county auditor, upon request from the tax	72505
commissioner, shall provide by August 1, 2005, the values of	72506
machinery and equipment, inventory, and furniture and fixtures for	72507
all single-county personal property taxpayers for tax year 2004.	72508

(D) Not later than September 15, 2005, the tax commissioner	72509
shall determine for each tax year from 2006 through 2010 for each	72510
school district, joint vocational school district, and local	72511
taxing unit its machinery and equipment, inventory, and furniture	72512
and fixtures fixed-rate levy losses, which are the applicable	72513
amounts described in divisions (D)(1), (2), and (3) of this	72514
section:	72515

(1) The machinery and equipment fixed-rate levy loss is the	72516
machinery and equipment property tax value loss multiplied by the	72517
sum of the tax rates of fixed-rate qualifying levies.	72518

(2) The inventory fixed-rate loss is the inventory property	72519
tax value loss multiplied by the sum of the tax rates of	72520
fixed-rate qualifying levies.	72521

(3) The furniture and fixtures fixed-rate levy loss is the	72522
furniture and fixture property tax value loss multiplied by the	72523
sum of the tax rates of fixed-rate qualifying levies.	72524

(E) Not later than September 15, 2005, the tax commissioner	72525
shall determine for each school district, joint vocational school	72526
district, and local taxing unit its fixed-sum levy loss. The	72527
fixed-sum levy loss is the amount obtained by subtracting the	72528
amount described in division (E)(2) of this section from the	72529
amount described in division (E)(1) of this section:	72530

(1) The sum of the machinery and equipment property tax value	72531
loss, the inventory property tax value loss, and the furniture and	72532
fixtures property tax value loss of the district or unit	72533
multiplied by the sum of the fixed-sum tax rates of qualifying	72534
levies. For 2006 through 2010, this computation shall include all	72535
qualifying levies remaining in effect for the current tax year and	72536
any school district emergency levies that are qualifying levies	72537
not remaining in effect for the current year. For 2011 through	72538
2017, this computation shall include only qualifying levies	72539
remaining in effect for the current year. For purposes of this	72540
computation, a qualifying school district emergency levy remains	72541
in effect in a year after 2010 only if, for that year, the board	72542
of education levies a school district emergency levy for an annual	72543
sum at least equal to the annual sum levied by the board in tax	72544
year 2004 less the amount of the payment certified under this	72545
division for 2006.	72546

(2) The total taxable value in tax year 2004 less the sum of	72547
the machinery and equipment, inventory, and furniture and fixtures	72548
property tax value losses in each school district, joint	72549
vocational school district, and local taxing unit multiplied by	72550
one-half of one mill per dollar.	72551

(3) For the calculations in divisions (E)(1) and (2) of this	72552
section, the tax value losses are those that would be calculated	72553
for tax year 2010 under divisions (C)(1), (2), and (3) of this	72554
section.	72555

(4) To facilitate the calculation under divisions (D) and (E)	72556
of this section, not later than September 1, 2005, any school	72557
district, joint vocational school district, or local taxing unit	72558
that has a qualifying levy that was approved at an election	72559
conducted during 2005 before September 1, 2005, shall certify to	72560
the tax commissioner a copy of the county auditor's certificate of	72561
estimated property tax millage for such levy as required under	72562
division (B) of section 5705.03 of the Revised Code, which is the	72563
rate that shall be used in the calculations under such divisions.	72564

If the amount determined under division (E) of this section	72565
for any school district, joint vocational school district, or	72566
local taxing unit is greater than zero, that amount shall equal	72567
the reimbursement to be paid pursuant to division (D) of section	72568
5751.21 or division (A)(2) of section 5751.22 of the Revised Code,	72569
and the one-half of one mill that is subtracted under division	72570
(E)(2) of this section shall be apportioned among all contributing	72571
fixed-sum levies in the proportion that each levy bears to the sum	72572
of all fixed-sum levies within each school district, joint	72573
vocational school district, or local taxing unit.	72574

(F) Not later than October 1, 2005, the tax commissioner	72575
shall certify to the department of education for every school	72576
district and joint vocational school district the machinery and	72577
equipment, inventory, and furniture and fixtures property tax	72578
value losses determined under division (C) of this section, the	72579
machinery and equipment, inventory, and furniture and fixtures	72580
property fixed-rate levy losses determined under division (D) of	72581
this section, and the fixed-sum levy losses calculated under	72582
division (E) of this section. The calculations under divisions (D)	72583
and (E) of this section shall separately display the levy loss for	72584
each levy eligible for reimbursement.	72585

(G) Not later than October 1, 2005, the tax commissioner	72586
shall certify the amount of the fixed-sum levy losses to the	72587
county auditor of each county in which a school district, joint	72588
vocational school district, or local taxing unit with a fixed-sum	72589
levy loss reimbursement has territory.	72590

Sec. 5751.21. (A) Not later than the thirty-first day of	72591
July of 2007 through 2017, the department of education shall	72592
determine the following for each school district and each joint	72593
vocational school district eligible for payment under division (B)	72594
of this section:	72595

(1) The state education aid offset, which is the difference	72596
obtained by subtracting the amount described in division (A)(1)(b)	72597
of this section from the amount described in division (A)(1)(a) of	72598
this section:	72599

(a) The state education aid computed for the school district	72600
or joint vocational school district for the current fiscal year as	72601
of the thirty-first day of July;	72602

(b) The state education aid that would be computed for the	72603
school district or joint vocational school district for the	72604
current fiscal year as of the thirty-first day of July if the	72605
recognized valuation included the machinery and equipment,	72606
inventory, and furniture and fixtures property tax value losses	72607
for the school district or joint vocational school district for	72608
the second preceding tax year.	72609

(2) The greater of zero or the difference obtained by	72610
subtracting the state education aid offset determined under	72611
division (A)(1) of this section from the sum of the machinery and	72612
equipment fixed-rate levy loss, the inventory fixed-rate levy	72613
loss, and furniture and fixtures fixed-rate levy loss certified	72614
under division (F) of section 5751.20 of the Revised Code for all	72615
taxing districts in each school district and joint vocational	72616
school district for the second preceding tax year.	72617

By the fifth day of August of each such year, the department	72618
of education shall certify the amount so determined under division	72619
(A)(1) of this section to the director of budget and management.	72620

(B) The department of education shall pay from the school	72621
district tangible property tax replacement fund to each school	72622
district and joint vocational school district all of the following	72623
for fixed-rate levy losses certified under division (F) of section	72624
5751.20 of the Revised Code:	72625

(1) On or before May 31, 2006, one-sixth of the total	72626
fixed-rate levy loss for tax year 2006;	72627

(2) On or before August 31, 2006, November 30, 2006, and	72628
February 28, 2007, one-third of five-sixths of the total	72629
fixed-rate levy loss fox tax year 2006;	72630

(3) On or before May 31, 2007, one-sixth of the total	72631
fixed-rate levy loss for tax year 2007;	72632

(4) On or before August 31, 2007, November 30, 2007, and	72633
February 29, 2008, one-fourth of the amount determined under	72634
division (A)(2) of this section for fiscal year 2008, but not less	72635
than zero, plus one-third of five-sixths of the difference between	72636
the total fixed-rate levy loss for tax year 2007 and the total	72637
fixed-rate levy loss for tax year 2006.	72638

(5) On or before May 31, 2008, one-fourth of the amount	72639
determined under division (A)(2) of this section for fiscal year	72640
2008, but not less than zero, plus one-sixth of the difference	72641
between the total fixed-rate levy loss for tax year 2008 and the	72642
total fixed-rate levy loss for tax year 2006.	72643

(6) On or before August 31, 2008, November 30, 2008, and	72644
February 28, 2009, one-fourth of the amount determined under	72645
division (A)(2) of this section for fiscal year 2009, but not less	72646
than zero, plus one-third of five-sixths of the difference between	72647
the total fixed-rate levy loss in tax year 2008 and the total	72648
fixed-rate levy loss in tax year 2007.	72649

(7) On or before May 31, 2009, one-fourth of the amount	72650
determined under division (A)(2) of this section for fiscal year	72651
2009, but not less than zero, plus one-sixth of the difference	72652
between the total fixed-rate levy loss for tax year 2009 and the	72653
total fixed-rate levy loss for tax year 2007.	72654

(8) On or before August 31, 2009, November 30, 2009, and	72655
February 28, 2010, one-fourth of the amount determined under	72656
division (A)(2) of this section for fiscal year 2010, but not less	72657
than zero, plus one-third of five-sixths of the difference between	72658
the total fixed-rate levy loss in tax year 2009 and the total	72659
fixed-rate levy loss in tax year 2008.	72660

(9) On or before May 31, 2010, one-fourth of the amount	72661
determined under division (A)(2) of this section for fiscal year	72662
2010, but not less than zero, plus one-sixth of the difference	72663
between the total fixed-rate levy loss in tax year 2010 and the	72664
total fixed-rate levy loss in tax year 2008.	72665

(10) On or before August 31, 2010, November 30, 2010,	72666
February 28, 2011, and May 31, 2011, one-fourth of the amount	72667
determined under division (A)(2) of this section for fiscal year	72668
2011, but not less than zero.	72669

(11) On or before August 31, 2011, November 30, 2011,	72670
February 29, 2012, and May 31, 2012, the amount determined under	72671
division (A)(2) of this section multiplied by a fraction, the	72672
numerator of which is fourteen and the denominator of which is	72673
seventeen, but not less than zero, multiplied by one-fourth.	72674

(12) On or before August 31, 2012, November 30, 2012,	72675
February 28, 2013, and May 31, 2013, the amount determined under	72676
division (A)(2) of this section multiplied by a fraction, the	72677
numerator of which is eleven and the denominator of which is	72678
seventeen, but not less than zero, multiplied by one-fourth.	72679

(13) On or before August 31, 2013, November 30, 2013,	72680
February 28, 2014, and May 31, 2014, the amount determined under	72681
division (A)(2) of this section multiplied by a fraction, the	72682
numerator of which is nine and the denominator of which is	72683
seventeen, but not less than zero, multiplied by one-fourth.	72684

(14) On or before August 31, 2014, November 30, 2014,	72685
February 28, 2015, and May 31, 2015, the amount determined under	72686
division (A)(2) of this section multiplied by a fraction, the	72687
numerator of which is seven and the denominator of which is	72688
seventeen, but not less than zero, multiplied by one-fourth.	72689

(15) On or before August 31, 2015, November 30, 2015,	72690
February 29, 2016, and May 31, 2016, the amount determined under	72691
division (A)(2) of this section multiplied by a fraction, the	72692
numerator of which is five and the denominator of which is	72693
seventeen, but not less than zero, multiplied by one-fourth.	72694

(16) On or before August 31, 2016, November 30, 2016,	72695
February 28, 2017, and May 31, 2017, the amount determined under	72696
division (A)(2) of this section multiplied by a fraction, the	72697
numerator of which is three and the denominator of which is	72698
seventeen, but not less than zero, multiplied by one-fourth.	72699

(17) On or before August 31, 2017, November 30, 2017,	72700
February 28, 2018, and May 31, 2018, the amount determined under	72701
division (A)(2) of this section multiplied by a fraction, the	72702
numerator of which is one and the denominator of which is	72703
seventeen, but not less than zero, multiplied by one-fourth.	72704

(18) After May 31, 2018, no payments shall be made under this	72705
section.	72706

The department of education shall report to each school	72707
district and joint vocational school district the apportionment of	72708
the payments among the school district's or joint vocational	72709
school district's funds based on the certifications under division	72710
(F) of section 5751.20 of the Revised Code.	72711

Any qualifying levy that is a fixed-rate levy that is not	72712
applicable to a tax year after 2010 does not qualify for any	72713
reimbursement after the tax year to which it is last applicable.	72714

(C) For taxes levied within the ten-mill limitation for debt	72715
purposes in tax year 2005, payments shall be made equal to one	72716
hundred per cent of the loss computed as if the tax were a	72717
fixed-rate levy, but those payments shall extend from fiscal year	72718
2006 through fiscal year 2018, as long as the qualifying levy	72719
continues to be used for debt purposes. If the purpose of such a	72720
qualifying levy is changed, that levy becomes subject to the	72721
payments determined in division (B) of this section.	72722

(D)(1) Not later than January 1, 2006, for each fixed-sum	72723
levy of each school district or joint vocational school district	72724
and for each year for which a determination is made under division	72725
(F) of section 5751.20 of the Revised Code that a fixed-sum levy	72726
loss is to be reimbursed, the tax commissioner shall certify to	72727
the department of education the fixed-sum levy loss determined	72728
under that division. The certification shall cover a time period	72729
sufficient to include all fixed-sum levies for which the	72730
commissioner made such a determination. The department shall pay	72731
from the school district property tax replacement fund to the	72732
school district or joint vocational school district one-fourth of	72733
the fixed-sum levy loss so certified for each year on or before	72734
the last day of May, August, and November of the current year and	72735
of February of the following year.	72736

(2) Beginning in 2006, by the first day of January of each	72737
year, the tax commissioner shall review the certification	72738
originally made under division (D)(1) of this section. If the	72739
commissioner determines that a debt levy that had been scheduled	72740
to be reimbursed in the current year has expired, a revised	72741
certification for that and all subsequent years shall be made to	72742
the department of education.	72743

(E) Beginning in September 2007 and through June 2018, the	72744
director of budget and management shall transfer from the school	72745
district tangible property tax replacement fund to the general	72746
revenue fund each of the following:	72747

(1) On the first day of September, the lesser of one-fourth	72748
of the amount certified for that fiscal year under division (A)(1)	72749
of this section or the balance in the school district tangible	72750
property tax replacement fund;	72751

(2) On the first day of December, the lesser of one-fourth of	72752
the amount certified for that fiscal year under division (A)(1) of	72753
this section or the balance in the school district tangible	72754
property tax replacement fund;	72755

(3) On the first day of March, the lesser of one-fourth of	72756
the amount certified for that fiscal year under division (A)(1) of	72757
this section or the balance in the school district tangible	72758
property tax replacement fund;	72759

(4) On the first day of June, the lesser of one-fourth of the	72760
amount certified for that fiscal year under division (A)(1) of	72761
this section or the balance in the school district tangible	72762
property tax replacement fund.	72763

(F) For each of the fiscal years 2006 through 2018, if the	72764
total amount in the school district tangible property tax	72765
replacement fund is insufficient to make all payments under	72766
divisions (B), (C), or (D) of this section at the times the	72767
payments are to be made, the director of budget and management	72768
shall transfer from the general revenue fund to the school	72769
district tangible property tax replacement fund the difference	72770
between the total amount to be paid and the amount in the school	72771
district tangible property tax replacement fund. For each fiscal	72772
year after 2018, at the time payments under division (D) of this	72773
section are to be made, the director of budget and management	72774
shall transfer from the general revenue fund to the school	72775
district property tax replacement fund the amount necessary to	72776
make such payments.	72777

(G) On the fifteenth day of June of 2006 through 2011, the	72778
director of budget and management may transfer any balance in the	72779
school district tangible property tax replacement fund to the	72780
general revenue fund. At the end of fiscal years 2012 through	72781
2018, any balance in the school district tangible property tax	72782
replacement fund shall remain in the fund to be used in future	72783
fiscal years for school purposes.	72784

(H) If all of the territory of a school district or joint	72785
vocational school district is merged with another district, or if	72786
a part of the territory of a school district or joint vocational	72787
school district is transferred to an existing or newly created	72788
district, the department of education, in consultation with the	72789
tax commissioner, shall adjust the payments made under this	72790
section as follows:	72791

(1) For a merger of two or more districts, the machinery and	72792
equipment, inventory, and furniture and fixture fixed-rate levy	72793
losses and the fixed-sum levy losses of the successor district	72794
shall be equal to the sum of the machinery and equipment,	72795
inventory, and furniture and fixtures fixed-rate levy losses as	72796
determined in section 5751.20 of the Revised Code, for each of the	72797
districts involved in the merger.	72798

(2) If property is transferred from one district to a	72799
previously existing district, the amount of machinery and	72800
equipment, inventory, and furniture and fixtures fixed-rate levy	72801
losses that shall be transferred to the recipient district shall	72802
be an amount equal to the total machinery and equipment,	72803
inventory, and furniture and fixtures fixed-rate levy losses times	72804
a fraction, the numerator of which is the value of business	72805
tangible personal property on the land being transferred in the	72806
most recent year for which data are available, and the denominator	72807
of which is the total value of business tangible personal property	72808
in the district from which the land is being transferred in the	72809
most recent year for which data are available.	72810

(3) After December 31, 2004, if property is transferred from	72811
one or more districts to a district that is newly created out of	72812
the transferred property, the newly created district shall be	72813
deemed not to have any machinery and equipment, inventory, or	72814
furniture and fixtures fixed-rate levy losses and the districts	72815
from which the property was transferred shall have no reduction in	72816
their machinery and equipment, inventory, and furniture and	72817
fixtures fixed-rate levy losses.	72818

(4) If the recipient district under division (H)(2) of this	72819
section or the newly created district under divisions (H)(3) of	72820
this section is assuming debt from one or more of the districts	72821
from which the property was transferred and any of the districts	72822
losing the property had fixed-sum levy losses, the department of	72823
education, in consultation with the tax commissioner, shall make	72824
an equitable division of the fixed-sum levy loss reimbursements.	72825

Sec. 5751.22. (A) Not later than January 1, 2006, the tax	72826
commissioner shall compute the payments to be made to each local	72827
taxing unit for each year according to divisions (A)(1), (2), and	72828
(3) of this section, and shall distribute the payments in the	72829
manner prescribed by division (C) of this section. The calculation	72830
of the fixed-sum levy loss shall cover a time period sufficient to	72831
include all fixed-sum levies for which the commissioner	72832
determined, pursuant to division (E) of section 5751.20 of the	72833
Revised Code, that a fixed-sum levy loss is to be reimbursed.	72834

(1) Except as provided in division (A)(3) of this section,	72835
for machinery and equipment, inventory, and furniture and fixtures	72836
fixed-rate levy losses determined under division (D) of section	72837
5751.20 of the Revised Code, payments shall be made in an amount	72838
equal to each of those losses multiplied by the following:	72839

(a) For tax years 2006 through 2010, one hundred per cent;

72840

(b) For tax year 2011, a fraction, the numerator of which is	72841
fourteen and the denominator of which is seventeen;	72842

(c) For tax year 2012, a fraction, the numerator of which is	72843
eleven and the denominator of which is seventeen;	72844

(d) For tax year 2013, a fraction, the numerator of which is	72845
nine and the denominator of which is seventeen;	72846

(e) For tax year 2014, a fraction, the numerator of which is	72847
seven and the denominator of which is seventeen;	72848

(f) For tax year 2015, a fraction, the numerator of which is	72849
five and the denominator of which is seventeen;	72850

(g) For tax year 2016, a fraction, the numerator of which is	72851
three and the denominator of which is seventeen;	72852

(h) For tax year 2017, a fraction, the numerator of which is	72853
one and the denominator of which is seventeen;	72854

(i) For tax years 2018 and thereafter, no fixed-rate payments	72855
shall be made.	72856

Any qualifying levy that is a fixed-rate levy that is not	72857
applicable to a tax year after 2010 shall not qualify for any	72858
reimbursement after the tax year to which it is last applicable.	72859

(2) For fixed-sum levy losses determined under division (E)	72860
of section 5751.20 of the Revised Code, payments shall be made in	72861
the amount of one hundred per cent of the fixed-sum levy loss for	72862
payments required to be made in 2006 and thereafter.	72863

(3) For taxes levied within the ten-mill limitation for debt	72864
purposes in tax year 2005, payments shall be made based on the	72865
schedule in division (A)(1) of this section for each of the	72866
calendar years 2006 through 2010. For each of the calendar years	72867
2011 through 2017, the percentages for calendar year 2010 shall be	72868
used, as long as the qualifying levy continues to be used for debt	72869
purposes. If the purpose of such a qualifying levy is changed,	72870
that levy becomes subject to the payment schedules in divisions	72871
(A)(1)(a) to (h) of this section. No payments shall be made for	72872
such levies after calendar year 2017.	72873

(B) Beginning in 2007, by the thirty-first day of January of	72874
each year, the tax commissioner shall review the calculation	72875
originally made under division (A) of this section of the	72876
fixed-sum levy losses determined under division (E) of section	72877
5751.20 of the Revised Code. If the commissioner determines that a	72878
fixed-sum levy that had been scheduled to be reimbursed in the	72879
current year has expired, a revised calculation for that and all	72880
subsequent years shall be made.	72881

(C) Payments to local taxing units required to be made under	72882
division (A) of this section shall be paid from the local	72883
government tangible property tax replacement fund to the county	72884
undivided income tax fund in the proper county treasury. Beginning	72885
in May 2006, one-third of the amount certified under that division	72886
shall be paid by the last day of May, August, and October. Within	72887
forty-five days after receipt of such payments, the county	72888
treasurer shall distribute amounts determined under division (A)	72889
of this section to the proper local taxing unit as if they had	72890
been levied and collected as taxes, and the local taxing unit	72891
shall apportion the amounts so received among its funds in the	72892
same proportions as if those amounts had been levied and collected	72893
as taxes.	72894

(D) For each of the fiscal years 2006 through 2018, if the	72895
total amount in the local government tangible property tax	72896
replacement fund is insufficient to make all payments under	72897
division (C) of this section at the times the payments are to be	72898
made, the director of budget and management shall transfer from	72899
the general revenue fund to the local government tangible property	72900
tax replacement fund the difference between the total amount to be	72901
paid and the amount in the local government tangible property tax	72902
replacement fund. For each fiscal year after 2018, at the time	72903
payments under division (A)(2) of this section are to be made, the	72904
director of budget and management shall transfer from the general	72905
revenue fund to the local government property tax replacement fund	72906
the amount necessary to make such payments.	72907

(E) On the fifteenth day of June of each year from 2006	72908
through 2018, the director of budget and management may transfer	72909
any balance in the local government tangible property tax	72910
replacement fund to the general revenue fund.	72911

(F) If all or a part of the territories of two or more local	72912
taxing units are merged, or unincorporated territory of a township	72913
is annexed by a municipal corporation, the tax commissioner shall	72914
adjust the payments made under this section to each of the local	72915
taxing units in proportion to the tax value loss apportioned to	72916
the merged or annexed territory, or as otherwise provided by a	72917
written agreement between the legislative authorities of the local	72918
taxing units certified to the commissioner not later than the	72919
first day of June of the calendar year in which the payment is to	72920
be made.	72921

Sec. 5751.23. (A) As used in this section:

72922

(1) "Administrative fees" means the dollar percentages	72923
allowed by the county auditor for services or by the county	72924
treasurer as fees, or paid to the credit of the real estate	72925
assessment fund, under divisions (A) and (B) of section 319.54 and	72926
division (A) of section 321.26 of the Revised Code.	72927

(2) "Administrative fee loss" means a county's loss of	72928
administrative fees due to its tax value loss, determined as	72929
follows:	72930

(a) For purposes of the determination made under division (B)	72931
of this section in the years 2006 through 2010, the administrative	72932
fee loss shall be computed by multiplying the amounts determined	72933
for all taxing districts in the county under divisions (D) and (E)	72934
of section 5751.20 of the Revised Code by nine thousand six	72935
hundred fifty-nine ten-thousandths of one per cent if total taxes	72936
collected in the county in 2004 exceeded one hundred fifty million	72937
dollars, or one and one thousand one hundred fifty-nine	72938
ten-thousandths of one per cent if total taxes collected in the	72939
county in 2004 were one hundred fifty million dollars or less;	72940

(b) For purposes of the determination under division (B) of	72941
this section in the years after 2010, the administrative fee	72942
losses shall be determined by multiplying the administrative fee	72943
losses calculated for 2010 by the fractions in divisions (A)(1)(b)	72944
to (i) of section 5751.22 of the Revised Code.	72945

(3) "Total taxes collected" means all money collected on any	72946
tax duplicate of the county, other than the estate tax duplicates.	72947
"Total taxes collected" does not include amounts received pursuant	72948
to divisions (F) and (G) of section 321.24 or section 323.156 of	72949
the Revised Code.	72950

(B) Not later than December 31, 2005, the tax commissioner	72951
shall certify to each county auditor the tax levy losses	72952
calculated under divisions (D) and (E) of section 5751.20 of the	72953
Revised Code for each school district, joint vocational school	72954
district, and local taxing unit in the county. Not later than the	72955
thirty-first day of January of 2006 through 2017, the county	72956
auditor shall determine the administrative fee loss for the county	72957
and apportion that loss ratably among the school districts, joint	72958
vocational school districts, and local taxing units on the basis	72959
of the tax levy losses certified under this division.	72960

(C) On or before each of the days prescribed for the	72961
settlements under divisions (A) and (C) of section 321.24 of the	72962
Revised Code in the years 2006 through 2017, the county treasurer	72963
shall deduct one-half of the amount apportioned to each school	72964
district, joint vocational school district, and local taxing unit	72965
from the portions of revenue payable to them.	72966

(D) On or before each of the days prescribed for settlements	72967
under divisions (A) and (C) of section 321.24 of the Revised Code	72968
in the years 2006 through 2017, the county auditor shall cause to	72969
be deposited an amount equal to one-half of the amount of the	72970
administrative fee loss in the same funds as if allowed as	72971
administrative fees.	72972

Sec. 5751.31. (A) Notwithstanding any section of law to the	72973
contrary, the tax commissioner may issue one or more final	72974
determinations under section 5703.60 of the Revised Code for which	72975
any appeal must be made directly to the supreme court within	72976
thirty days after the date the commissioner issued the	72977
determination if the primary issue raised by the petitioner is an	72978
issue arising under Section 3, 5a, or 13 of Article XII, Ohio	72979
Constitution. Such final determination shall clearly indicate that	72980
any appeal thereof must be made directly to the supreme court	72981
within the thirty-day period prescribed in this division.	72982

(B) If division (H)(3) of section 5751.01 of the Revised Code	72983
is determined to be unconstitutional under the Ohio Constitution	72984
or the Constitution of the United States, the commissioner may	72985
require taxpayers with taxable gross receipts in this state to	72986
provide a report as part of the tax returns the taxpayers file	72987
detailing the purchases they make from persons not registered to	72988
collect the tax imposed under this chapter. The commissioner shall	72989
adopt rules to enforce this division. The rules shall not require	72990
a taxpayer located in this state to file a report for purchases	72991
from a seller that total less than two million dollars in a	72992
calendar year.	72993

Sec. 5751.50. (A) For tax periods beginning on or after	72994
January 1, 2008, a refundable credit granted by the tax credit	72995
authority under section 122.17 of the Revised Code may be claimed	72996
under this chapter in the order required under section 5751.98 of	72997
the Revised Code. For purposes of making tax payments under this	72998
chapter, taxes equal to the amount of the refundable credit shall	72999
be considered to be paid to this state on the first day of the tax	73000
period. A credit claimed in calendar year 2008 may not be applied	73001
against the tax otherwise due for a tax period beginning before	73002
July 1, 2008. The refundable credit shall not be claimed against	73003
the tax otherwise due for any tax period beginning after the date	73004
on which a relocation of employment positions occurs in violation	73005
of an agreement entered into under sections 122.17 or 122.171 of	73006
the Revised Code.	73007

(B) For tax periods beginning on or after January 1, 2008, a	73008
nonrefundable credit granted by the tax credit authority under	73009
section 122.171 of the Revised Code may be claimed under this	73010
chapter in the order required under section 5751.98 of the Revised	73011
Code. A credit claimed in calendar year 2008 may not be applied	73012
against the tax otherwise due under this chapter for a tax period	73013
beginning before July 1, 2008. The credit shall not be claimed	73014
against the tax otherwise due for any tax period beginning after	73015
the date on which a relocation of employment positions occurs in	73016
violation of an agreement entered into under sections 122.17 or	73017
122.171 of the Revised Code. No credit shall be allowed under this	73018
chapter if the credit was available against the tax imposed by	73019
section 5733.06 or 5747.02 of the Revised Code, except to the	73020
extent the credit was not applied against such tax.	73021

Sec. 5751.51. (A) As used in this section, "qualified	73022
research expenses" has the same meaning as in section 41 of the	73023
Internal Revenue Code.	73024

(B)(1) For tax periods beginning on or after January 1, 2008,	73025
a nonrefundable credit may be claimed under this chapter equal to	73026
seven per cent of the excess of (a) qualified research expenses	73027
incurred in this state by the taxpayer in the tax period for which	73028
the credit is claimed over (b) the taxpayer's average annual	73029
qualified research expenses incurred in this state for the three	73030
preceding tax periods.	73031

(2) The taxpayer shall claim the credit allowed under	73032
division (B)(1) of this section in the order required by section	73033
5751.98 of the Revised Code. A credit claimed in tax year 2008 may	73034
not be applied against the tax otherwise due under this chapter	73035
for a tax period beginning before July 1, 2008. Any credit amount	73036
in excess of the tax due under section 5751.03 of the Revised	73037
Code, after allowing for any other credits that precede the credit	73038
under this section in the order required under that section, may	73039
be carried forward for seven tax years, but the amount of the	73040
excess credit claimed against the tax for any tax period shall be	73041
deducted from the balance carried forward to the next tax period.	73042

(3) No credit shall be allowed under this chapter if the	73043
credit was available against the tax imposed by section 5733.06 of	73044
the Revised Code, except to the extent the credit was not applied	73045
against such tax.	73046

Sec. 5751.52. (A) As used in this section:

73047

(1) "Borrower" means any person that receives a loan from the	73048
director of development under section 166.21 of the Revised Code,	73049
regardless of whether the borrower is subject to the tax imposed	73050
by this chapter.	73051

(2) "Qualified research and development loan payments" has	73052
the same meaning as in section 166.21 of the Revised Code.	73053

(3) "Related member" has the same meaning as in section	73054
5733.042 of the Revised Code.	73055

(B) For tax periods beginning on or after January 1, 2008, a	73056
nonrefundable credit may be claimed under this chapter equal to a	73057
borrower's qualified research and development loan payments made	73058
during the calendar year immediately preceding the tax period for	73059
which the credit is claimed. The amount of the credit for a	73060
calendar year shall not exceed one hundred fifty thousand dollars.	73061
No taxpayer is entitled to claim a credit under this section	73062
unless the taxpayer has obtained a certificate issued by the	73063
director of development under division (D) of section 166.21 of	73064
the Revised Code. The credit shall be claimed in the order	73065
required under section 5151.98 of the Revised Code. A credit	73066
claimed in calendar year 2008 may not be applied against the tax	73067
otherwise due under this chapter for a tax period beginning before	73068
July 1, 2008. No credit shall be allowed under this chapter if the	73069
credit was available against the tax imposed by section 5733.06 or	73070
5747.02 of the Revised Code except to the extent the credit was	73071
not applied against such tax. The credit, to the extent it exceeds	73072
the taxpayer's tax liability for a tax period after allowance for	73073
any other credits that precede the credit under this section in	73074
that order, shall be carried forward to the next succeeding tax	73075
period or periods, but the amount of the excess credit claimed	73076
against the tax for any tax period shall be deducted from the	73077
balance carried forward to the next tax period.	73078

(C) A borrower entitled to a credit under this section may	73079
assign the credit, or a portion thereof, to any of the following:	73080

(1) A related member of that borrower;

73081

(2) The owner or lessee of the eligible research and	73082
development project;	73083

(3) A related member of the owner or lessee of the eligible	73084
research and development project.	73085

A borrower making an assignment under this division shall	73086
provide written notice of the assignment to the tax commissioner	73087
and the director of development, in such form as the commissioner	73088
prescribes, before the credit that was assigned is used. The	73089
assignor may not claim the credit to the extent it was assigned to	73090
an assignee. The assignee may claim the credit only to the extent	73091
the assignor has not claimed it.	73092

(D) If any taxpayer is a partner in a partnership or a member	73093
in a limited liability company treated as a partnership for	73094
federal income tax purposes, the taxpayer shall be allowed the	73095
taxpayer's distributive or proportionate share of the credit	73096
available through the partnership or limited liability company.	73097

Sec. 5751.53. (A) As used in this section:

73098

(1) "Net income" and "taxable year" have the same meanings as	73099
in section 5733.04 of the Revised Code.	73100

(2) "Franchise tax year" means "tax year" as defined in	73101
section 5733.04 of the Revised Code.	73102

(3) "Deductible temporary differences" and "taxable temporary	73103
differences" have the same meanings as those terms have for	73104
purposes of paragraph 13 of the statement of financial accounting	73105
standards, number 109.	73106

(4) "Qualifying taxpayer" means a taxpayer under this chapter	73107
that has a qualifying Ohio net operating loss carryforward equal	73108
to or greater than the qualifying amount.	73109

(5) "Qualifying Ohio net operating loss carryforward" means	73110
an Ohio net operating loss carryforward that the taxpayer could	73111
deduct in whole or in part for franchise tax year 2006 under	73112
section 5733.04 of the Revised Code but for the application of	73113
division (H) of this section. A qualifying Ohio net operating loss	73114
carryforward shall not exceed the amount of loss carryforward from	73115
franchise tax year 2005 as reported by the taxpayer either on a	73116
franchise tax report for franchise tax year 2005 pursuant to	73117
section 5733.02 of the Revised Code or on an amended franchise tax	73118
report prepared in good faith for such year and filed before July	73119
1, 2006.	73120

(6) "Disallowed Ohio net operating loss carryforward" means	73121
the lesser of the amounts described in division (A)(6)(a) or (b)	73122
of this section, but the amounts described in divisions (A)(6)(a)	73123
and (b) of this section shall each be reduced by the qualifying	73124
amount.	73125

(a) The qualifying taxpayer's qualifying Ohio net operating	73126
loss carryforward;	73127

(b) The Ohio net operating loss carryforward amount that the	73128
qualifying taxpayer used to compute the related deferred tax asset	73129
reflected on its books and records on the last day of its taxable	73130
year ending in 2004, adjusted for return to accrual, but this	73131
amount shall be reduced by the qualifying related valuation	73132
allowance amount. For the purposes of this section, the	73133
"qualifying related valuation allowance amount" is the amount of	73134
Ohio net operating loss reflected in the qualifying taxpayer's	73135
computation of the valuation allowance account, as shown on its	73136
books and records on the last day of its taxable year ending in	73137
2004, with respect to the deferred tax asset relating to its Ohio	73138
net operating loss carryforward amount.	73139

(7) "Other net deferred tax items apportioned to this state"	73140
is the product of (a) the amount of net deferred tax items and (b)	73141
the fraction described in division (B)(2) of section 5733.05 for	73142
the qualifying taxpayer's franchise tax year 2005.	73143

(8)(a) Subject to divisions (A)(8)(b) to (d) of this section,	73144
the "amount of other net deferred tax items" is the difference	73145
between (i) the qualifying taxpayer's deductible temporary	73146
differences, net of related valuation allowance amounts, shown on	73147
the qualifying taxpayer's books and records on the last day of its	73148
taxable year ending in 2004, and (ii) the qualifying taxpayer's	73149
taxable temporary differences as shown on those books and records	73150
on that date. The amount of other net deferred tax items may be	73151
less than zero.	73152

(b) For the purposes of computing the amount of the	73153
qualifying taxpayer's other net deferred tax items described in	73154
division (A)(8)(a) of this section, any credit carryforward	73155
allowed under Chapter 5733. of the Revised Code shall be excluded	73156
from the amount of deductible temporary differences to the extent	73157
such credit carryforward amount, net of any related valuation	73158
allowance amount, is otherwise included in the qualifying	73159
taxpayer's deductible temporary differences, net of related	73160
valuation allowance amounts, shown on the qualifying taxpayer's	73161
books and records on the last day of the qualifying taxpayer's	73162
taxable year ending in 2004.	73163

(c) No portion of the disallowed Ohio net operating loss	73164
carryforward shall be included in the computation of the amount of	73165
the qualifying taxpayer's net deferred tax items described in	73166
division (A)(8)(a) of this section.	73167

(d) In no event shall the amount of other net deferred tax	73168
items exceed twenty-five per cent of the qualifying Ohio net	73169
operating loss carryforward.	73170

(9) "Amortizable amount" means:

73171

(a) If the qualifying taxpayer's other net deferred tax items	73172
apportioned to this state is equal to or greater than zero, eight	73173
per cent of the sum of the qualifying taxpayer's disallowed Ohio	73174
net operating loss carryforward and the qualifying taxpayer's	73175
other net deferred tax items apportioned to this state;	73176

(b) If the amount of the qualifying taxpayer's other net	73177
deferred tax items apportioned to this state is less than zero and	73178
if the absolute value of the amount of qualifying taxpayer's other	73179
net deferred tax items apportioned to this state is less than the	73180
qualifying taxpayer's disallowed net operating loss, eight per	73181
cent of the difference between the qualifying taxpayer's	73182
disallowed net operating loss carryforward and the absolute value	73183
of the qualifying taxpayer's other net deferred tax items	73184
apportioned to this state;	73185

(c) If the amount of the qualifying taxpayer's other net	73186
deferred tax items apportioned to this state is less than zero and	73187
if the absolute value of the amount of qualifying taxpayer's other	73188
net deferred tax items apportioned to this state is equal to or	73189
greater than the qualifying taxpayer's disallowed net operating	73190
loss, zero.	73191

(10) "Books and records" means the qualifying taxpayer's	73192
books, records, and all other information, all of which the	73193
qualifying taxpayer maintains and uses to prepare and issue its	73194
financial statements in accordance with generally accepted	73195
accounting principles.	73196

(11)(a) Except as modified by division (A)(11)(b) of this	73197
section, "qualifying amount" means fifty million dollars per	73198
person.	73199

(b) If for franchise tax year 2005 the person was a member of	73200
a combined franchise tax report, as provided by section 5733.052	73201
of the Revised Code, the "qualifying amount" is, in the aggregate,	73202
fifty million dollars for all members of that combined franchise	73203
tax report, and for purposes of divisions (A)(6)(a) and (b) of	73204
this section, those members shall allocate to each member any	73205
portion of the fifty million dollar amount. The total amount	73206
allocated to the members who are qualifying taxpayers shall equal	73207
fifty million dollars.	73208

(B) For each calendar period beginning prior to January 1,	73209
2030, there is hereby allowed a nonrefundable tax credit against	73210
the tax levied each year by this chapter on each qualifying	73211
taxpayer, on each consolidated elected taxpayer having one or more	73212
qualifying taxpayers as a member, and on each combined taxpayer	73213
having one or more qualifying taxpayers as a member. The credit	73214
shall be claimed in the order specified in section 5751.98 of the	73215
Revised Code and is allowed only to reduce the first one-half of	73216
any tax remaining after allowance of the credits that precede it	73217
in section 5751.98 of the Revised Code. No credit under division	73218
(B) of this section shall be allowed against the second one-half	73219
of such remaining tax.	73220

Except as otherwise limited by divisions (C) and (D) of this	73221
section, the maximum amount of the nonrefundable credit that may	73222
be used against the first one-half of the remaining tax for each	73223
calendar year is as follows:	73224

(1) For calendar year 2010, ten per cent of the amortizable	73225
amount;	73226

(2) For calendar year 2011, twenty per cent of the	73227
amortizable amount, less all amounts previously used;	73228

(3) For calendar year 2012, thirty per cent of the	73229
amortizable amount, less all amounts previously used;	73230

(4) For calendar year 2013, forty per cent of the amortizable	73231
amount, less all amounts previously used;	73232

(5) For calendar year 2014, fifty per cent of the amortizable	73233
amount, less all amounts previously used;	73234

(6) For calendar year 2015, sixty per cent of the amortizable	73235
amount, less all amounts previously used;	73236

(7) For calendar year 2016, seventy per cent of the	73237
amortizable amount, less all amounts previously used;	73238

(8) For calendar year 2017, eighty per cent of the	73239
amortizable amount, less all amounts previously used;	73240

(9) For calendar year 2018, ninety per cent of the	73241
amortizable amount, less all amounts previously used;	73242

(10) For each of calendar years 2019 through 2029, one	73243
hundred per cent of the amortizable amount, less all amounts used	73244
in all previous years.	73245

In no event shall the cumulative credit used for calendar	73246
years 2010 through 2029 exceed one hundred per cent of the	73247
amortizable amount.	73248

(C)(1) Except as otherwise set forth in division (C)(2) of	73249
this section, a refundable credit is allowed in calendar year 2030	73250
for any portion of the qualifying taxpayer's amortizable amount	73251
that is not used in accordance with division (B) of this section	73252
against the tax levied by this chapter on all taxpayers.	73253

(2) Division (C)(1) of this section shall not apply and no	73254
refundable credit shall be available to any person if during any	73255
portion of the calendar year 2030 the person is not subject to the	73256
tax imposed by this chapter.	73257

(D) Not later than June 30, 2006, each qualifying taxpayer,	73258
consolidated elected taxpayer, or combined taxpayer that will	73259
claim for any commercial activity tax year the credit allowed in	73260
divisions (B) and (C) of this section shall file with the tax	73261
commissioner a report setting forth the amortizable amount	73262
available to such taxpayer and all other related information that	73263
the commissioner, by rule, requires. If the taxpayer does not	73264
timely file the report or fails to provide timely all information	73265
required by this division, the taxpayer is precluded from claiming	73266
any credit amounts described in divisions (B) and (C) of this	73267
section.	73268

(E) For the purpose of calculating the amortizable amount, if	73269
the tax commissioner ascertains that any portion of that amount is	73270
the result of a sham transaction as described in section 5703.56	73271
of the Revised Code, the commissioner shall reduce the amortizable	73272
amount by two times the adjustment.	73273

(F) If one entity transfers all or a portion of its assets	73274
and equity to another entity as part of an entity organization or	73275
reorganization or subsequent entity organization or reorganization	73276
for which no gain or loss is recognized in whole or in part for	73277
federal income tax purposes under the Internal Revenue Code, the	73278
credits allowed by this section shall be computed in a manner	73279
consistent with that used to compute the portion, if any, of	73280
federal net operating losses allowed to the respective entities	73281
under the Internal Revenue Code. The tax commissioner may	73282
prescribe forms or rules for making the computations required by	73283
this division.	73284

(G)(1) Except as provided in division (F) of this section, no	73285
person shall pledge, collateralize, hypothecate, assign, convey,	73286
sell, exchange, or otherwise dispose of any or all tax credits, or	73287
any portion of any or all tax credits allowed under this section.	73288

(2) No credit allowed under this section is subject to	73289
execution, attachment, lien, levy, or other judicial proceeding.	73290

(H)(1)(a) Except as set forth in division (H)(1)(b) of this	73291
section and notwithstanding division (I)(1) of section 5733.04 of	73292
the Revised Code to the contrary, each person timely and fully	73293
complying with the reporting requirements set forth in division	73294
(E) of this section shall not claim, and shall not be entitled to	73295
claim, any deduction or adjustment for any Ohio net operating loss	73296
carried forward to any one or more franchise tax years after	73297
franchise tax year 2005.	73298

(b) Division (H)(1)(a) of this section applies only to the	73299
portion of the Ohio net operating loss represented by the	73300
disallowed Ohio net operating loss carryforward.	73301

(2) Notwithstanding division (I) of section 5733.04 of the	73302
Revised Code to the contrary, with respect to all franchise tax	73303
years after franchise tax year 2005, each person timely and fully	73304
complying with the reporting requirements set forth in division	73305
(D) of this section shall not claim, and shall not be entitled to	73306
claim, any deduction, exclusion, or adjustment with respect to	73307
deductible temporary differences reflected on the person's books	73308
and records on the last day of its taxable year ending in 2004.	73309

(3)(a) Except as set forth in division (H)(3)(b) of this	73310
section and notwithstanding division (I) of section 5733.04 of the	73311
Revised Code to the contrary, with respect to all franchise tax	73312
years after franchise tax year 2005, each person timely and fully	73313
complying with the reporting requirements set forth in division	73314
(D) of this section shall exclude from Ohio net income all taxable	73315
temporary differences reflected on the person's books and records	73316
on the last day of its taxable year ending in 2004.	73317

(b) In no event shall the exclusion provided by division	73318
(H)(3)(a) of this section for any franchise tax year exceed the	73319
amount of the taxable temporary differences otherwise included in	73320
Ohio net income for that year.	73321

(4) Divisions (H)(2) and (3) of this section shall apply only	73322
to the extent such items were used in the calculations of the	73323
credit provided by this section.	73324

Sec. 5751.98. (A) To provide a uniform procedure for	73325
calculating the amount of tax due under this chapter, a taxpayer	73326
shall claim any credits to which it is entitled in the following	73327
order:	73328

(1) The nonrefundable jobs retention credit under division	73329
(B) of section 5751.50 of the Revised Code;	73330

(2) The nonrefundable credit for qualified research expenses	73331
under division (B) of section 5751.51 of the Revised Code;	73332

(3) The nonrefundable credit for a borrower's qualified	73333
research and development loan payments under division (B) of	73334
section 5751.52 of the Revised Code;	73335

(4) The nonrefundable credit for calendar years 2010 to 2029	73336
for unused net operating losses under division (B) of section	73337
5751.53 of the Revised Code;	73338

(5) The refundable credit for calendar year 2030 for unused	73339
net operating losses under division (C) of section 5751.53 of the	73340
Revised Code;	73341

(6) The refundable jobs creation credit under division (A) of	73342
section 5751.50 of the Revised Code.	73343

(B) For any credit except the credit enumerated in division	73344
(A)(4) of this section, the amount of the credit for a tax period	73345
shall not exceed the tax due after allowing for any other credit	73346
that precedes it in the order required under this section. Any	73347
excess amount of a particular credit may be carried forward if	73348
authorized under the section creating the credit.	73349

Sec. 5751.99. (A) Whoever files a fraudulent refund claim	73350
under section 5751.08 of the Revised Code shall be fined the	73351
greater of not more than one thousand dollars or the amount of the	73352
fraudulent refund requested or imprisoned not more than sixty	73353
days, or both.	73354

(B) Except as provided in this section, whoever violates any	73355
section of this chapter, or any rule adopted by the tax	73356
commissioner under this chapter, shall be fined not more than five	73357
hundred dollars or imprisoned not more than thirty days, or both.	73358

(C) The penalties provided in this section are in addition to	73359
any penalties imposed by the tax commissioner under section	73360
5751.06 of the Revised Code.	73361

Sec. 5907.15. There is hereby created in the state treasury	73362
the Ohio veterans' homes rental, service, and medicare	73363
reimbursement fund. Revenue generated from temporary use	73364
agreements of a veterans' home, from the sale of meals at a home's	73365
dining halls, from rental, lease, or sharing agreements for the	73366
use of facilities, supplies, equipment, utilities, or services	73367
provided by a home, and from medicare reimbursements shall be	73368
credited to the fund. The fund shall be used only for maintenance	73369
costs of the homes and for the purchase of medications, medication	73370
services, medical supplies, and medical equipment by the homes.	73371

Sec. 5919.31. (A) If an active duty member of the Ohio	73372
national guard chooses to purchase life insurance pursuant to the	73373
"Servicemembers' Group Life Insurance Act," 79 Stat. 880 et seq.	73374
(1965), 38 U.S.C. 1965 et seq., the adjutant general shall	73375
reimburse the member in an amount equal to the monthly premium	73376
paid for each month or part of a month by the member pursuant to	73377
the act while being an active duty member.	73378

(B) The adjutant general may request additional money from	73379
the controlling board if the adjutant general does not have	73380
sufficient available unencumbered funds to reimburse active duty	73381
members for life insurance premiums pursuant to this section.	73382

(C) The adjutant general may prescribe and enforce	73383
regulations to implement the requirements of this section. In	73384
prescribing and enforcing those regulations, the adjutant general	73385
need not comply with section 111.15 or Chapter 119. of the Revised	73386
Code.	73387

(D) As used in this section, "active duty member" means a	73388
member of the Ohio national guard on active duty pursuant to an	73389
executive order of the president of the United States, the "Act of	73390
October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as	73391
amended, another act of the congress of the United States, or a	73392
proclamation of the governor.	73393

Sec. 5919.33. ~~Upon certification of availability of funds by~~	73394
~~the director of budget and management, the~~(A) The adjutant	73395
general shall pay a death benefit of ~~twenty~~one hundred thousand	73396
dollars from the appropriations ~~for operating expenses~~made for	73397
the purpose to the beneficiary or beneficiaries of any active duty	73398
member of the Ohio national guard who dies while performing ~~state~~	73399
active duty ~~under orders issued by the adjutant general on behalf~~	73400
~~of the governor~~, if the beneficiary or beneficiaries has or have	73401
been so designated in a written statement as prescribed by the	73402
adjutant general.	73403

(C) As used in this section, "active duty member" means a	73404
member of the Ohio national guard on active duty pursuant to an	73405
executive order of the president of the United States, the "Act of	73406
October 28, 2004," 118 Stat. 1878, 32 U.S.C. 901 to 908, as	73407
amended, another act of the congress of the United States, or a	73408
proclamation of the governor.	73409

Sec. 5919.341. There is hereby created in the state treasury	73410
the national guard scholarship reserve fund. Not later than the	73411
first day of July of each fiscal year, the Ohio board of regents	73412
shall certify to the director of budget and management the	73413
unencumbered balance of the general revenue fund appropriations	73414
made in the immediately preceding fiscal year for purposes of the	73415
Ohio national guard scholarship program created under division (B)	73416
of section 5919.34 of the Revised Code. Upon receipt of the	73417
certification, the director may transfer an amount not exceeding	73418
the certified amount from the general revenue fund to the national	73419
guard scholarship reserve fund. Moneys in the national guard	73420
scholarship reserve fund shall be used to pay scholarship	73421
obligations in excess of the general revenue fund appropriations	73422
made for that purpose. Upon request of the adjutant general, the	73423
Ohio board of regents shall seek controlling board approval to	73424
establish appropriations as necessary.	73425

The director may transfer any unencumbered balance from the	73426
national guard scholarship reserve fund to the general revenue	73427
fund.	73428

Sec. 5920.01. (A) The governor shall organize and maintain	73429
within this state on a cadre or reserve basis military forces	73430
capable of being expanded and trained to defend this state	73431
whenever the Ohio national guard, or a part thereof, is employed	73432
so as to leave this state without adequate defense. In case of an	73433
emergency proclaimed by the president, or the Congress of the	73434
United States, or the governor, or caused by enemy action or	73435
imminent danger thereof, the governor, as commander in chief,	73436
shall expand such forces as the exigency of the occasion requires.	73437
Such forces shall be organized and maintained under regulations	73438
which shall not be inconsistent with such regulations as the	73439
secretary of defense prescribes for discipline and training and	73440
shall be composed of officers commissioned and assigned, and such	73441
able-bodied citizens of the state as are accepted therein. Such	73442
forces shall be equipped with suitable uniforms not in violation	73443
of federal laws or contrary to the regulations of the secretary of	73444
defense. Such forces shall be known as the Ohio military reserve.	73445
During the period of organization on a cadre or reserve basis the	73446
commander in chief may fix lesser rates of pay for armory drill	73447
purposes or for service in encampments and maneuvers. In the event	73448
that the regulations of the department of defense are modified so	73449
as to recognize the Ohio military reserve as a part of the Ohio	73450
national guard not subject to induction into federal service, the	73451
laws pertaining to the Ohio national guard shall apply to the Ohio	73452
military reserve and it shall be known as a component of the Ohio	73453
national guard.	73454

(B) The commander of the Ohio military reserve shall report	73455
all expenditures and the use of all funds by the Ohio military	73456
reserve to the general assembly. The commander annually shall	73457
deliver the report, in writing, within three months of the end of	73458
the state fiscal year.	73459

Sec. 6109.21. (A) Except as provided in divisions (D) and	73460
(E) of this section, on and after January 1, 1994, no person shall	73461
operate or maintain a public water system in this state without a	73462
license issued by the director of environmental protection. A	73463
person who operates or maintains a public water system on January	73464
1, 1994, shall obtain an initial license under this section in	73465
accordance with the following schedule:	73466

(1) If the public water system is a community water system,	73467
not later than January 31, 1994;	73468

(2) If the public water system is not a community water	73469
system and serves a nontransient population, not later than	73470
January 31, 1994;	73471

(3) If the public water system is not a community water	73472
system and serves a transient population, not later than January	73473
31, 1995.	73474

A person proposing to operate or maintain a new public water	73475
system after January 1, 1994, in addition to complying with	73476
section 6109.07 of the Revised Code and rules adopted under it,	73477
shall submit an application for an initial license under this	73478
section to the director prior to commencing operation of the	73479
system.	73480

A license or license renewal issued under this section shall	73481
be renewed annually. Such a license or license renewal shall	73482
expire on the thirtieth day of January in the year following its	73483
issuance. A license holder that proposes to continue operating the	73484
public water system for which the license or license renewal was	73485
issued shall apply for a license renewal at least thirty days	73486
prior to that expiration date.	73487

The director shall adopt, and may amend and rescind, rules in	73488
accordance with Chapter 119. of the Revised Code establishing	73489
procedures governing and information to be included on	73490
applications for licenses and license renewals under this section.	73491
Through June 30, ~~2006~~2008, each application shall be accompanied	73492
by the appropriate fee established under division (M) of section	73493
3745.11 of the Revised Code, provided that an applicant for an	73494
initial license who is proposing to operate or maintain a new	73495
public water system after January 1, 1994, shall submit a fee that	73496
equals a prorated amount of the appropriate fee established under	73497
that division for the remainder of the licensing year.	73498

(B) Not later than thirty days after receiving a completed	73499
application and the appropriate license fee for an initial license	73500
under division (A) of this section, the director shall issue the	73501
license for the public water system. Not later than thirty days	73502
after receiving a completed application and the appropriate	73503
license fee for a license renewal under division (A) of this	73504
section, the director shall do one of the following:	73505

(1) Issue the license renewal for the public water system;

73506

(2) Issue the license renewal subject to terms and conditions	73507
that the director determines are necessary to ensure compliance	73508
with this chapter and rules adopted under it;	73509

(3) Deny the license renewal if the director finds that the	73510
public water system was not operated in substantial compliance	73511
with this chapter and rules adopted under it.	73512

(C) The director may suspend or revoke a license or license	73513
renewal issued under this section if the director finds that the	73514
public water system was not operated in substantial compliance	73515
with this chapter and rules adopted under it. The director shall	73516
adopt, and may amend and rescind, rules in accordance with Chapter	73517
119. of the Revised Code governing such suspensions and	73518
revocations.	73519

(D)(1) As used in division (D) of this section, "church"	73520
means a fellowship of believers, congregation, society,	73521
corporation, convention, or association that is formed primarily	73522
or exclusively for religious purposes and that is not formed or	73523
operated for the private profit of any person.	73524

(2) This section does not apply to a church that operates or	73525
maintains a public water system solely to provide water for that	73526
church or for a campground that is owned by the church and	73527
operated primarily or exclusively for members of the church and	73528
their families. A church that, on or before March 5, 1996, has	73529
obtained a license under this section for such a public water	73530
system need not obtain a license renewal under this section.	73531

(E) This section does not apply to any public or nonpublic	73532
school that meets minimum standards of the state board of	73533
education that operates or maintains a public water system solely	73534
to provide water for that school.	73535

Sec. 6111.02. As used in this section and sections 6111.021	73536
to 6111.028 and 6111.0210 to 6111.0213 of the Revised Code:	73537

(A) "Category 1 wetland," "category 2 wetland," or "category	73538
3 wetland" means a category 1 wetland, category 2 wetland, or	73539
category 3 wetland, respectively, as described in rule 3745-1-54	73540
of the Administrative Code, as that rule existed on ~~the effective~~	73541
~~date of this section~~July 17, 2001, and as determined to be a	73542
category 1, category 2, or category 3 wetland, respectively,	73543
through application of the "Ohio rapid assessment method for	73544
wetlands version 5.0," including the Ohio rapid assessment method	73545
for wetlands version 5.0 quantitative score calibration dated	73546
August 15, 2000, unless an application for a section 401 water	73547
quality certification was submitted prior to February 28, 2001, in	73548
which case the applicant for the permit may elect to proceed in	73549
accordance with Ohio rapid assessment method for wetlands version	73550
4.1.	73551

(B) "Creation" means the establishment of a wetland where one	73552
did not formerly exist and that involves wetland construction on	73553
nonhydric soils.	73554

(C) "Discharge of dredged material" and "discharge of fill	73555
material" have the same meanings as in 33 C.F.R 323.2 as effective	73556
February 16, 2001.	73557

(D) "Dredged material" or "dredge material" means material	73558
that is excavated or dredged from a wetland, including an isolated	73559
wetland, or a stream. "Dredged material" does not include material	73560
resulting from normal farming, silviculture, and ranching	73561
activities, such as plowing, cultivating, seeding, and harvesting,	73562
for production of food, fiber, and forest products.	73563

(E) "Enhancement" means activities conducted in an existing	73564
wetland to improve or repair existing or natural wetland functions	73565
and values of that wetland.	73566

~~(D)~~(F) "Ephemeral stream" means a stream that flows only in	73567
direct response to precipitation in the immediate watershed or in	73568
response to the melting of a cover of snow and ice and that has	73569
channel bottom that is always above the local water table.	73570

(G) "Fill material" means any material that is used to fill	73571
an aquatic area, to replace an aquatic area with dry land, or to	73572
change the bottom elevation of a wetland or stream for any purpose	73573
and that consists of suitable material that is free from toxic	73574
contaminants in other than trace quantities. "Fill material" does	73575
not include either of the following:	73576

(1) Material resulting from normal farming, silviculture, and	73577
ranching activities, such as plowing, cultivating, seeding, and	73578
harvesting, for the production of food, fiber, and forest	73579
products;	73580

(2) Material placed for the purpose of maintenance of	73581
existing structures, including emergency reconstruction of	73582
recently damaged parts of currently serviceable structures such as	73583
dikes, dams, levees, groins, riprap, breakwaters, causeways, and	73584
bridge abutments or approaches, and transportation structures.	73585

~~(E)~~(H) "Filling" means the addition of fill material into a	73586
wetland or stream for the purpose of creating upland, changing the	73587
bottom elevation of the wetland or stream, or creating	73588
impoundments of water. "Filling" includes, without limitation, the	73589
placement of the following in wetlands or streams: fill material	73590
that is necessary for the construction of any structure;	73591
structures or impoundments requiring rock, sand, dirt, or other	73592
material for its construction; site-development fills for	73593
recreational, industrial, commercial, residential, or other uses;	73594
causeways or road fills; dams and dikes; artificial islands,	73595
property protection, or reclamation devices such as riprap,	73596
groins, seawalls, breakwalls, and bulkheads and fills; beach	73597
nourishment; levees; sanitary landfills; fill material for	73598
structures such as sewage treatment facilities, intake and outfall	73599
pipes associated with power plants, and underwater utility lines;	73600
and artificial reefs.	73601

~~(F)~~(I) "Intermittent stream" means a stream that is below the	73602
local water table and flows for at least a part of each year and	73603
that obtains its flow from both surface runoff and ground water	73604
discharge.	73605

(J) "Isolated wetland" means a wetland that is not subject to	73606
regulation under the Federal Water Pollution Control Act.	73607

~~(G)~~(K) "Mitigation" means the restoration, creation,	73608
enhancement, or, in exceptional circumstances, preservation of	73609
wetlands or streams, as applicable, expressly for the purpose of	73610
compensating for wetland or stream impacts.	73611

~~(H)~~(L) "Mitigation bank service area" means the designated	73612
area where a mitigation bank can reasonably be expected to provide	73613
appropriate compensation for impacts to wetlands and other aquatic	73614
resources and that is designated as such in accordance with the	73615
process established in the "Federal Guidance for the	73616
Establishment, Use and Operation of Mitigation Banks (1995)," 60	73617
FR 58605.	73618

~~(I)~~(M) "Off-site mitigation" means wetland restoration,	73619
creation, enhancement, or preservation occurring farther than one	73620
mile from a project boundary, but within the same watershed.	73621

~~(J)~~(N) "On-site mitigation" means wetland restoration,	73622
creation, enhancement, or preservation occurring within and not	73623
more than one mile from the project boundary and within the same	73624
watershed.	73625

~~(K)~~(O) "Perennial stream" means a stream or a part of a	73626
stream that flows continuously during all of the calendar year as	73627
a result of ground water discharge or surface water runoff.	73628
"Perennial stream" does not include an intermittent stream or an	73629
ephemeral stream.	73630

(P) "Practicable" means available and capable of being	73631
executed with existing technology and without significant adverse	73632
effect on the economic feasibility of the project in light of the	73633
overall project purposes and in consideration of the relative	73634
environmental benefit.	73635

~~(L)~~(Q) "Preservation" means the protection of ecologically	73636
important wetlands in perpetuity through the implementation of	73637
appropriate legal mechanisms to prevent harm to the wetlands.	73638
"Preservation" may include protection of adjacent upland areas as	73639
necessary to ensure protection of a wetland.	73640

~~(M)~~(R) "Restoration" means the reestablishment of a	73641
previously existing wetland at a site where it has ceased to	73642
exist.	73643

~~(N)~~(S) "Section 401 water quality certification" means	73644
certification pursuant to section 401 of the Federal Water	73645
Pollution Control Act and this chapter and rules adopted under it	73646
that any discharge, as set forth in section 401, will comply with	73647
sections 301, 302, 303, 306, and 307 of the Federal Water	73648
Pollution Control Act.	73649

(T) "State isolated wetland permit" means a permit issued in	73650
accordance with sections 6111.02 to 6111.027 of the Revised Code	73651
authorizing the filling of an isolated wetland.	73652

~~(O)~~(U) "Watershed" means a common surface drainage area	73653
corresponding to one from the list of thirty-seven adapted from	73654
the forty-four cataloging units as depicted on the hydrologic unit	73655
map of Ohio, United States geological survey, 1988, and as	73656
described in division (F)(2) of rule 3745-1-54 of the	73657
Administrative Code or as otherwise shown on map number 1 found in	73658
rule 3745-1-54 of the Administrative Code. "Watershed" is limited	73659
to those parts of the cataloging units that geographically lie	73660
within the borders of this state.	73661

~~(P)~~(V) "Wetlands" means those areas that are inundated or	73662
saturated by surface or ground water at a frequency and duration	73663
that are sufficient to support, and that under normal	73664
circumstances do support, a prevalence of vegetation typically	73665
adapted for life in saturated soil conditions. "Wetlands" includes	73666
swamps, marshes, bogs, and similar areas that are delineated in	73667
accordance with the 1987 United States army corps of engineers	73668
wetland delineation manual and any other procedures and	73669
requirements adopted by the United States army corps of engineers	73670
for delineating wetlands.	73671

~~(Q)~~(W) "Wetland mitigation bank" means a site where wetlands	73672
have been restored, created, enhanced, or, in exceptional	73673
circumstances, preserved expressly for the purpose of providing	73674
mitigation for impacts to wetlands and that has been approved in	73675
accordance with the process established in the "Federal Guidance	73676
for the Establishment, Use and Operation of Mitigation Banks	73677
(1995)," 60 FR 58605.	73678

Sec. 6111.0210. (A) Sections 6111.0210 and 6111.0211 of the	73679
Revised Code apply to wetlands that are not isolated wetlands.	73680

(B) The discharge of dredge or fill material into a category	73681
1 or a category 2 wetland of three acres or less or such a	73682
discharge impacting a portion of an ephemeral stream of one	73683
thousand linear feet or less, a portion of an intermittent stream	73684
of five hundred linear feet or less, or a portion of a perennial	73685
stream of one hundred linear feet or less shall require a section	73686
401 water quality certification issued by the director of	73687
environmental protection and shall be subject to level one review	73688
requirements established under division (C) of this section.	73689

(C) Level one review shall apply only to the discharge of	73690
dredge or fill material into a category 1 or category 2 wetland or	73691
an ephemeral, intermittent, or perennial stream, as applicable, as	73692
described in division (B) of this section. A level one review	73693
shall require, and is limited to, the submission of a pre-activity	73694
notice that includes an application; an acceptable delineation; a	73695
wetland or stream categorization, as applicable; a description of	73696
the project; a description of the acreage of the wetland or of the	73697
linear footage of the stream, as applicable, that will be subject	73698
to dredging or filling; site photographs; and a mitigation	73699
proposal for the impact to the wetland or stream, as applicable,	73700
that includes both of the following:	73701

(1) The submission of an analysis of technically feasible and	73702
economically reasonable on-site alternatives to the proposed	73703
dredging or filling of the wetland or stream, as applicable, that	73704
would have a less adverse impact on the wetland ecosystem;	73705

(2) The submission of information indicating whether high	73706
quality waters, as defined in rule 3745-1-05 of the Administrative	73707
Code, are to be avoided by the proposed dredging or filling of the	73708
wetland or stream, as applicable.	73709

(D) The director shall grant or deny a section 401 water	73710
quality certification for the proposed dredging or filling of a	73711
wetland or stream that is subject to level one review not later	73712
than one hundred twenty days after receipt of an application for	73713
the certification. The director shall issue a section 401 water	73714
quality certification after a level one review unless the director	73715
determines that the applicant has failed to demonstrate all of the	73716
following:	73717

(1) There is no technically feasible and economically	73718
reasonable on-site alternative to the proposed dredging or filling	73719
that would have a less adverse impact on the wetland or stream	73720
ecosystem.	73721

(2) Reasonable buffers have been provided for any wetland or	73722
stream that will be avoided at the site where the proposed	73723
dredging or filling will take place.	73724

(3) The wetland or stream is not locally or regionally scarce	73725
within the watershed in which it is located and does not contain	73726
endangered species.	73727

(4) The impact would not result in significant degradation to	73728
the aquatic ecosystem.	73729

(5) Appropriate mitigation has been proposed for any	73730
unavoidable impacts.	73731

(6) Storm water and water quality controls will be installed	73732
to ensure that peak post-development rates of surface water runoff	73733
from the impacted wetland or stream do not greatly exceed the peak	73734
pre-development rates of surface water runoff from the wetland or	73735
stream. Water quality improvement measures shall be incorporated	73736
into the design of the storm water control measures that are	73737
required by laws of this state and federal law.	73738

(7) Any additional, technically feasible and economically	73739
reasonable, site-specific requirements that are determined	73740
necessary by the director to protect water quality have been	73741
satisfied.	73742

(E) Mitigation for the proposed dredging or filling of a	73743
wetland or stream that is subject to level one review shall be	73744
conducted by the applicant. Without the objection of the director	73745
and at the discretion of the applicant, the applicant shall	73746
conduct either on-site mitigation, mitigation at a wetland	73747
mitigation bank within the same United States army corps of	73748
engineers district as the location of the proposed dredging or	73749
filling of the wetland or stream, or off-site mitigation.	73750

Sec. 6111.0211. (A) The discharge of dredge or fill material	73751
into a category 1 or category 2 wetland of greater than three	73752
acres or a category 3 wetland or such a discharge impacting a	73753
portion of an ephemeral stream of greater than one thousand linear	73754
feet, a portion of an intermittent stream greater than five	73755
hundred linear feet, or a portion of a perennial stream of greater	73756
than one hundred linear feet shall require a section 401 water	73757
quality certification issued by the director of environmental	73758
protection and shall be subject to level two review requirements	73759
established under division (B) of this section.	73760

(B) Level two review shall apply to the discharge of dredge	73761
or fill material into a category 1, category 2, or category 3	73762
wetland or an ephemeral, intermittent, or perennial stream	73763
described in division (A) of this section and shall require all of	73764
the following:	73765

(1) All of the information required to be submitted with a	73766
pre-activity notice as described in division (C) of section	73767
6111.0210 of the Revised Code;	73768

(2) A full antidegradation review conducted in accordance	73769
with rules adopted under section 6111.12 of the Revised Code;	73770

(3) The submission of information indicating whether high	73771
quality waters, as defined in rule 3745-1-05 of the Administrative	73772
Code, are to be avoided by the proposed dredging or filling of the	73773
wetland or stream, as applicable.	73774

(C) The director shall issue or deny a section 401 water	73775
quality certification for the proposed dredging or filling of a	73776
wetland or stream that is subject to level two review not later	73777
than one hundred and fifty days after the receipt of an	73778
application for the certification. The director shall not issue a	73779
section 401 water quality certification for the proposed dredging	73780
or filling of a wetland or stream that is subject to level two	73781
review unless the director determines that the applicant for the	73782
certification has demonstrated that the proposed dredging or	73783
filling will not prevent or interfere with the attainment or	73784
maintenance of applicable state water quality standards.	73785

(D)(1) Notwithstanding division (C) of this section, the	73786
director also may deny an application for a section 401 water	73787
quality certification submitted under this section if the director	73788
determines that the proposed dredging or filling of the wetland or	73789
stream will result in an adverse short-term or long-term impact on	73790
water quality.	73791

(2) The director may impose terms and conditions on a section	73792
401 water quality certification issued under this section that are	73793
appropriate or necessary to ensure adequate protection of state	73794
water quality and to ensure compliance with this chapter and rules	73795
adopted under it.	73796

(3) Prior to the issuance of a section 401 water quality	73797
certification under this section, or prior to, during, or after	73798
the dredging or filling of the wetland or stream that is the	73799
subject of the certification, the director may require that the	73800
applicant or certification holder perform various environmental	73801
quality tests, including, without limitation, chemical analyses of	73802
water, sediment, or fill material and bioassays, in order to	73803
ensure adequate protection of water quality.	73804

(E) Mitigation for the proposed dredging or filling of a	73805
wetland or stream that is subject to level two review shall be	73806
conducted by the applicant and shall occur in the following	73807
preferred order:	73808

(1) Technically feasible and economically reasonable	73809
mitigation to the extent that the on-site mitigation would provide	73810
significant benefits to the aquatic habitat despite the	73811
modification of the site due to development;	73812

(2) Technically feasible and economically reasonable off-site	73813
mitigation within the same watershed;	73814

(3) If the proposed dredging or filling of the wetland or	73815
stream will take place within a mitigation bank service area,	73816
within that mitigation bank service area;	73817

(4) If there is a significant ecological reason that the	73818
mitigation should not be limited to the watershed in which the	73819
wetland or stream is located and if the proposed mitigation will	73820
result in a substantially greater ecological benefit, in a	73821
watershed that is adjacent to the watershed in which the wetland	73822
or stream is located.	73823

Sec. 6111.0212. (A) Not later than fifteen business days	73825
after the receipt of an application for a section 401 water	73826
quality certification, the director of environmental protection	73827
shall notify the applicant if the application is complete. If the	73828
application is not complete, the director shall include in the	73829
notice an itemized list of the information or materials that are	73830
necessary to complete the application. Time periods specified in	73831
statute or rule shall be tolled until the application is	73832
determined by the director to be complete.	73833

(B) Not later than twenty-one days after the receipt of a	73834
complete application, the director shall publish notice of its	73835
receipt in a newspaper of general circulation in the county in	73836
which the proposed project that is the subject of the application	73837
is to take place. The notice shall contain only the following:	73838

(1) The name of the applicant;

73839

(2) The proposed location of the project;

73840

(3) A description of the proposed impact;

73841

(4) The proposed mitigation of the impact.

73842

The director shall accept comments concerning the application	73843
and requests for a public hearing concerning the application for	73844
not more than fifteen days following the publication of notice	73845
concerning the application.	73846

(C) If the director receives a request for a public hearing	73847
on the application and the director determines that there is	73848
significant public interest in such a hearing as evidenced by the	73849
public comments received concerning the application and other	73850
requests for a public hearing on the application, the director or	73851
the director's representative shall conduct a public hearing	73852
concerning the application. Notice of the public hearing shall be	73853
published not later than thirty days prior to the date of the	73854
hearing in a newspaper of general circulation in the county in	73855
which the project that is the subject of the application is to	73856
take place. If a public hearing is requested concerning an	73857
application, the director shall accept comments concerning the	73858
application until five business days after the public hearing. A	73859
public hearing conducted under this division shall take place not	73860
later than seventy days after the receipt of the application.	73861

Sec. 6111.0213. All wetland, stream, or lake mitigation	73862
standards, scientific methods, processes, and other procedures or	73863
policies that are used by or approved for use by the director of	73864
environmental protection to evaluate or measure or to determine	73865
the approval or denial of a mitigation proposal shall be subject	73866
to sections 119.03 and 119.032 of the Revised Code before the	73867
standards, scientific methods, processes, or other procedures or	73868
policies have the force of law. Until that time, any such	73869
mitigation standards, scientific methods, processes, or any other	73870
procedures or policies that are used by or approved for use by the	73871
director to evaluate, measure, or determine the success, approval,	73872
or denial of a mitigation proposal, but that have not been subject	73873
to review under sections 119.03 and 119.032 of the Revised Code	73874
shall not be used as the basis for any certification or permit	73875
denial or as a standard applied to mitigation. All wetland	73876
restoration or creation performed for mitigation of wetland	73877
impacts authorized by the director shall result in the restoration	73878
or creation of wetlands that meet or exceed the quality of the	73879
wetland impacted as measured by the Ohio rapid assessment method.	73880

Sec. 6121.04. The Ohio water development authority may do	73881
any or all of the following:	73882

(A) Adopt bylaws for the regulation of its affairs and the	73883
conduct of its business;	73884

(B) Adopt an official seal;

73885

(C) Maintain a principal office and suboffices at places	73886
within the state that it designates;	73887

(D) Sue and plead in its own name and be sued and impleaded	73888
in its own name with respect to its contracts or torts of its	73889
members, employees, or agents acting within the scope of their	73890
employment, or to enforce its obligations and covenants made under	73891
sections 6121.06, 6121.08, and 6121.13 of the Revised Code. Any	73892
such actions against the authority shall be brought in the court	73893
of common pleas of the county in which the principal office of the	73894
authority is located or in the court of common pleas of the county	73895
in which the cause of action arose, provided that the county is	73896
located within this state, and all summonses, exceptions, and	73897
notices of every kind shall be served on the authority by leaving	73898
a copy thereof at the principal office with the person in charge	73899
thereof or with the secretary-treasurer of the authority.	73900

(E) Make loans and grants to governmental agencies for the	73901
acquisition or construction of water development projects by any	73902
such governmental agency and adopt rules and procedures for making	73903
such loans and grants;	73904

(F) Acquire, construct, reconstruct, enlarge, improve,	73905
furnish, equip, maintain, repair, operate, or lease or rent to, or	73906
contract for operation by, a governmental agency or person, water	73907
development projects, and establish rules for the use of those	73908
projects;	73909

(G) Make available the use or services of any water	73910
development project to one or more persons, one or more	73911
governmental agencies, or any combination thereof;	73912

(H) Issue water development revenue bonds and notes and water	73913
development revenue refunding bonds of the state, payable solely	73914
from revenues as provided in section 6121.06 of the Revised Code,	73915
unless the bonds are refunded by refunding bonds, for the purpose	73916
of paying any part of the cost of one or more water development	73917
projects or parts thereof;	73918

(I) Acquire by gift or purchase, hold, and dispose of real	73919
and personal property in the exercise of its powers and the	73920
performance of its duties under this chapter;	73921

(J) Acquire, in the name of the state, by purchase or	73922
otherwise, on terms and in the manner that it considers proper, or	73923
by the exercise of the right of condemnation in the manner	73924
provided by section 6121.18 of the Revised Code, public or private	73925
lands, including public parks, playgrounds, or reservations, or	73926
parts thereof or rights therein, rights-of-way, property, rights,	73927
easements, and interests that it considers necessary for carrying	73928
out this chapter, but excluding the acquisition by the exercise of	73929
the right of condemnation of any waste water facility or water	73930
management facility owned by any person or governmental agency,	73931
and compensation shall be paid for public or private lands so	73932
taken, except that a government-owned waste water facility may be	73933
appropriated in accordance with section 6121.041 of the Revised	73934
Code;	73935

(K) Adopt rules to protect augmented flow in waters of the	73936
state, to the extent augmented by a water development project,	73937
from depletion so it will be available for beneficial use, and to	73938
provide standards for the withdrawal from waters of the state of	73939
the augmented flow created by a water development project that is	73940
not returned to the waters of the state so augmented and to	73941
establish reasonable charges therefor if considered necessary by	73942
the authority;	73943

(L) Make and enter into all contracts and agreements and	73944
execute all instruments necessary or incidental to the performance	73945
of its duties and the execution of its powers under this chapter	73946
in accordance with the following requirements:	73947

(1) When the cost under any such contract or agreement, other	73948
than compensation for personal services, involves an expenditure	73949
of more than ~~ten~~twenty-five thousand dollars, the authority shall	73950
make a written contract with the lowest responsive and responsible	73951
bidder, in accordance with section 9.312 of the Revised Code,	73952
after advertisement for not less than two consecutive weeks in a	73953
newspaper of general circulation in Franklin county, and in other	73954
publications that the authority determines, which shall state the	73955
general character of the work and the general character of the	73956
materials to be furnished, the place where plans and	73957
specifications therefor may be examined, and the time and place of	73958
receiving bids, provided that a contract or lease for the	73959
operation of a water development project constructed and owned by	73960
the authority or an agreement for cooperation in the acquisition	73961
or construction of a water development project pursuant to section	73962
6121.13 of the Revised Code or any contract for the construction	73963
of a water development project that is to be leased by the	73964
authority to, and operated by, persons who are not governmental	73965
agencies and the cost of the project is to be amortized	73966
exclusively from rentals or other charges paid to the authority by	73967
persons who are not governmental agencies is not subject to the	73968
foregoing requirements and the authority may enter into such a	73969
contract or lease or such an agreement pursuant to negotiation and	73970
upon terms and conditions and for the period that it finds to be	73971
reasonable and proper in the circumstances and in the best	73972
interests of proper operation or of efficient acquisition or	73973
construction of the project.	73974

(2) Each bid for a contract for the construction, demolition,	73975
alteration, repair, or reconstruction of an improvement shall	73976
contain the full name of every person interested in it and shall	73977
meet the requirements of section 153.54 of the Revised Code.	73978

(3) Each bid for a contract except as provided in division	73979
(L)(2) of this section shall contain the full name of every person	73980
or company interested in it and shall be accompanied by a	73981
sufficient bond or certified check on a solvent bank that if the	73982
bid is accepted, a contract will be entered into and the	73983
performance thereof secured.	73984

(4) The authority may reject any and all bids.

73985

(5) A bond with good and sufficient surety, approved by the	73986
authority, shall be required of every contractor awarded a	73987
contract except as provided in division (L)(2) of this section, in	73988
an amount equal to at least fifty per cent of the contract price,	73989
conditioned upon the faithful performance of the contract.	73990

(M) Employ managers, superintendents, and other employees and	73991
retain or contract with consulting engineers, financial	73992
consultants, accounting experts, architects, attorneys, and other	73993
consultants and independent contractors that are necessary in its	73994
judgment to carry out this chapter, and fix the compensation	73995
thereof. All expenses thereof shall be payable solely from the	73996
proceeds of water development revenue bonds or notes issued under	73997
this chapter, from revenues, or from funds appropriated for that	73998
purpose by the general assembly.	73999

(N) Receive and accept from any federal agency, subject to	74000
the approval of the governor, grants for or in aid of the	74001
construction of any water development project or for research and	74002
development with respect to waste water or water management	74003
facilities, and receive and accept aid or contributions from any	74004
source of money, property, labor, or other things of value, to be	74005
held, used, and applied only for the purposes for which the grants	74006
and contributions are made;	74007

(O) Engage in research and development with respect to waste	74008
water or water management facilities;	74009

(P) Purchase fire and extended coverage and liability	74010
insurance for any water development project and for the principal	74011
office and suboffices of the authority, insurance protecting the	74012
authority and its officers and employees against liability for	74013
damage to property or injury to or death of persons arising from	74014
its operations, and any other insurance the authority may agree to	74015
provide under any resolution authorizing its water development	74016
revenue bonds or in any trust agreement securing the same;	74017

(Q) Charge, alter, and collect rentals and other charges for	74018
the use or services of any water development project as provided	74019
in section 6121.13 of the Revised Code;	74020

(R) Provide coverage for its employees under Chapters 145.,	74021
4123., and 4141. of the Revised Code;	74022

(S) Assist in the implementation and administration of the	74023
drinking water assistance fund and program created in section	74024
6109.22 of the Revised Code and the water pollution control loan	74025
fund and program created in section 6111.036 of the Revised Code,	74026
including, without limitation, performing or providing fiscal	74027
management for the funds and investing and disbursing moneys in	74028
the funds, and enter into all necessary and appropriate agreements	74029
with the director of environmental protection for those purposes;	74030

(T) Issue water development revenue bonds and notes of the	74031
state in principal amounts that are necessary for the purpose of	74032
raising moneys for the sole benefit of the water pollution control	74033
loan fund created in section 6111.036 of the Revised Code,	74034
including moneys to meet the requirement for providing matching	74035
moneys under division (D) of that section. The bonds and notes may	74036
be secured by appropriate trust agreements and repaid from moneys	74037
credited to the fund from payments of principal and interest on	74038
loans made from the fund, as provided in division (F) of section	74039
6111.036 of the Revised Code.	74040

(U) Issue water development revenue bonds and notes of the	74041
state in principal amounts that are necessary for the purpose of	74042
raising moneys for the sole benefit of the drinking water	74043
assistance fund created in section 6109.22 of the Revised Code,	74044
including moneys to meet the requirement for providing matching	74045
moneys under divisions (B) and (F) of that section. The bonds and	74046
notes may be secured by appropriate trust agreements and repaid	74047
from moneys credited to the fund from payments of principal and	74048
interest on loans made from the fund, as provided in division (F)	74049
of section 6109.22 of the Revised Code.	74050

(V) Make loans to and enter into agreements with boards of	74051
county commissioners for the purposes of section 1521.26 of the	74052
Revised Code and adopt rules establishing requirements and	74053
procedures for making the loans and entering into the agreements;	74054

(W) Do all acts necessary or proper to carry out the powers	74055
expressly granted in this chapter.	74056

Any instrument by which real property is acquired pursuant to	74057
this section shall identify the agency of the state that has the	74058
use and benefit of the real property as specified in section	74059
5301.012 of the Revised Code.	74060

Sec. 6123.04. For the purposes of this chapter, the Ohio	74061
water development authority may:	74062

(A) Adopt bylaws for the regulation of its affairs and the	74063
conduct of its business under this chapter;	74064

(B) Sue and plead in its own name; be sued and impleaded in	74065
its own name with respect to its contracts or torts of its	74066
members, employees, or agents acting within the scope of their	74067
employment, or to enforce its obligations and covenants made under	74068
sections 6123.06, 6123.08, and 6123.13 of the Revised Code. Any	74069
such actions against the authority shall be brought in the court	74070
of common pleas of the county in which the principal office of the	74071
authority is located, or in the court of common pleas of the	74072
county in which the cause of action arose, provided such county is	74073
located within this state, and all summonses, exceptions, and	74074
notices of every kind shall be served on the authority by leaving	74075
a copy thereof at the principal office with the person in charge	74076
thereof or with the secretary-treasurer of the authority.	74077

(C) Make loans and grants to governmental agencies for the	74078
acquisition or construction of development projects by any such	74079
governmental agency and adopt rules and procedures for making such	74080
loans and grants;	74081

(D) Acquire, construct, reconstruct, enlarge, improve,	74082
furnish, equip, maintain, repair, operate, lease or rent to, or	74083
contract for operation by, a person or governmental agency,	74084
development projects, and establish rules for the use of such	74085
projects;	74086

(E) Make available the use or services of any development	74087
project to one or more persons, one or more governmental agencies,	74088
or any combination thereof;	74089

(F) Issue development revenue bonds and notes and development	74090
revenue refunding bonds of the state, payable solely from revenues	74091
as provided in section 6123.06 of the Revised Code, unless the	74092
bonds be refunded by refunding bonds, for the purpose of paying	74093
any part of the cost of one or more development projects or parts	74094
thereof;	74095

(G) Acquire by gift or purchase, hold, and dispose of real	74096
and personal property in the exercise of the powers of the	74097
authority and the performance of its duties under this chapter;	74098

(H) Acquire, in the name of the state, by purchase or	74099
otherwise, on such terms and in such manner as the authority	74100
determines proper, public or private lands, or parts thereof or	74101
rights therein, rights-of-way, property, rights, easements, and	74102
interests as it finds necessary for carrying out this chapter; and	74103
compensation shall be paid for public or private lands so taken;	74104

(I) Make and enter into all contracts and agreements and	74105
execute all instruments necessary or incidental to the performance	74106
of its duties and the execution of its powers under this chapter:	74107

(1) When the cost under any such contract or agreement, other	74108
than compensation for personal services, involves an expenditure	74109
of more than ~~two~~twenty-five thousand dollars, the authority shall	74110
make a written contract with the lowest responsive and responsible	74111
bidder, in accordance with section 9.312 of the Revised Code,	74112
after advertisement for not less than two consecutive weeks in a	74113
newspaper of general circulation in Franklin county, and in such	74114
other publications as the authority determines, such notice shall	74115
state the general character of the work and materials to be	74116
furnished, the place where plans and specifications therefor may	74117
be examined, and the time and place of receiving bids. Provided,	74118
that a contract or lease for the operation of a development	74119
project constructed and owned by the authority or an agreement for	74120
cooperation in the acquisition or construction of a development	74121
project pursuant to section 6123.13 of the Revised Code or any	74122
contract for the construction of a development project that is to	74123
be leased by the authority to, and operated by, persons who are	74124
not governmental agencies and the cost of such project is to be	74125
amortized exclusively from rentals or other charges paid to the	74126
authority by persons who are not governmental agencies or by	74127
governmental agencies that receive the use or services of such	74128
project, including governmental agencies that are parties to an	74129
agreement for cooperation in the acquisition or construction of	74130
such development project pursuant to section 6123.13 of the	74131
Revised Code, is not subject to the foregoing requirements and the	74132
authority may enter into such contract or lease or such agreement	74133
pursuant to negotiation and upon such terms and conditions and for	74134
such period as it finds to be reasonable and proper in the	74135
circumstances and in the best interests of proper operation or of	74136
efficient acquisition or construction of such project.	74137

(2) Each bid for a contract for the construction, demolition,	74138
alteration, repair, or reconstruction of an improvement shall	74139
contain the full name of every person interested in it and who	74140
meets the requirements of section 153.54 of the Revised Code.	74141

(3) Each bid for a contract, except as provided in division	74142
(I)(2) of this section, shall contain the full name of every	74143
person or company interested in it and shall be accompanied by a	74144
sufficient bond or certified check on a solvent bank that if the	74145
bid is accepted a contract will be entered into and the	74146
performance thereof secured.	74147

(4) The authority may reject any and all bids.

74148

(5) A bond with good and sufficient surety, approved by the	74149
authority, shall be required of every contractor awarded a	74150
contract except as provided in division (I)(2) of this section, in	74151
an amount equal to at least fifty per cent of the contract price,	74152
conditioned upon the faithful performance of the contract.	74153

(J) Employ managers, superintendents, and other employees and	74154
retain or contract with consulting engineers, financial	74155
consultants, accounting experts, architects, attorneys, and such	74156
other consultants and independent contractors as are necessary in	74157
its judgment to carry out this chapter, and fix the compensation	74158
thereof. All expenses thereof shall be payable solely from the	74159
proceeds of development revenue bonds or notes issued under this	74160
chapter, from revenues, or from funds appropriated for such	74161
purpose by the general assembly.	74162

(K) Receive and accept from any federal agency, subject to	74163
the approval of the governor, grants for or in aid of the	74164
construction of any development project or for research and	74165
development with respect to solid waste facilities or energy	74166
resource development facilities, and receive and accept aid or	74167
contributions from any source of money, property, labor, or other	74168
things of value, to be held, used, and applied only for the	74169
purposes for which such grants and contributions are made;	74170

(L) Engage in research and development with respect to solid	74171
waste facilities or energy resource development facilities;	74172

(M) Purchase fire and extended coverage and liability	74173
insurance for any development project and for the principal office	74174
and sub-offices of the authority, insurance protecting the	74175
authority and its officers and employees against liability for	74176
damage to property or injury to or death of persons arising from	74177
its operations, and any other insurance the authority may agree to	74178
provide under any resolution authorizing its development revenue	74179
bonds or in any trust agreement securing the same;	74180

(N) Charge, alter, and collect rentals and other charges for	74181
the use or services of any development project as provided in	74182
section 6123.13 of the Revised Code;	74183

(O) Provide coverage for its employees under Chapters 145.,	74184
4123., and 4141. of the Revised Code;	74185

(P) Do all acts necessary or proper to carry out the powers	74186
expressly granted in this chapter.	74187

Any instrument by which real property is acquired pursuant to	74188
this section shall identify the agency of the state that has the	74189
use and benefit of the real property as specified in section	74190
5301.012 of the Revised Code.	74191

Section 101.02. That existing sections 9.24, 101.68, 102.02,	74192
105.41, 108.05, 109.54, 109.57, 109.60, 109.79, 109.91, 117.10,	74193
120.06, 120.13, 120.23, 120.52, 120.53, 121.37, 121.38, 122.011,	74194
122.17, 122.171, 122.40, 122.603, 122.71, 122.72, 122.73, 122.74,	74195
122.75, 122.751, 122.76, 122.77, 122.78, 122.79, 122.82, 122.83,	74196
122.95, 122.951, 123.01, 123.152, 124.07, 124.321, 124.328,	74197
125.041, 125.05, 125.09, 125.11, 125.831, 125.832, 126.25, 127.16,	74198
131.02, 131.23, 133.09, 140.01, 140.08, 141.011, 141.04, 147.05,	74199
147.10, 147.11, 147.12, 147.371, 149.30, 150.07, 150.10, 173.26,	74200
173.40, 173.99, 181.251, 181.51, 181.52, 181.54, 181.55, 181.56,	74201
183.28, 184.02, 305.171, 307.37, 307.695, 307.76, 307.86, 307.88,	74202
317.08, 317.36, 319.20, 319.302, 321.24, 323.01, 323.152, 325.31,	74203
329.04, 329.051, 339.72, 339.88, 340.03, 340.16, 731.14, 731.141,	74204
742.59, 901.43, 903.05, 905.32, 905.33, 905.331, 905.36, 905.37,	74205
905.38, 905.381, 905.50, 905.501, 905.66, 907.16, 911.02, 913.02,	74206
913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44, 923.45,	74207
923.46, 927.69, 1327.511, 1327.62, 1327.99, 1502.02, 1509.06,	74208
1509.072, 1509.31, 1515.14, 1517.02, 1521.062, 1531.27, 1533.10,	74209
1533.11, 1533.111, 1533.112, 1533.12, 1533.32, 1541.03, 1548.06,	74210
1711.53, 1713.03, 1751.03, 1751.89, 1901.26, 1901.31, 1907.24,	74211
2113.041, 2151.352, 2151.416, 2152.43, 2152.44, 2152.74, 2303.201,	74212
2305.234, 2329.66, 2743.191, 2744.05, 2744.08, 2901.07, 2913.40,	74213
2921.13, 2923.25, 2929.13, 2929.14, 2967.05, 2967.13, 2971.051,	74214
3107.10, 3111.04, 3119.54, 3121.12, 3121.50, 3125.18, 3301.079,	74215
3301.0710, 3301.0711, 3301.0714, 3301.0715, 3301.12, 3301.16,	74216
3301.311, 3301.32, 3301.86, 3301.88, 3302.03, 3311.059, 3313.207,	74217
3313.208, 3313.209, 3313.489, 3313.975, 3313.976, 3313.977,	74218
3313.978, 3313.98, 3314.01, 3314.013, 3314.015, 3314.02, 3314.021,	74219
3314.03, 3314.031, 3314.032, 3314.033, 3314.034, 3314.06,	74220
3314.074, 3314.08, 3314.13, 3315.17, 3315.18, 3315.37, 3316.06,	74221
3316.16, 3317.01, 3317.013, 3317.02, 3317.021, 3317.022, 3317.023,	74222
3317.024, 3317.026, 3317.027, 3317.028, 3317.029, 3317.0216,	74223
3317.0217, 3317.03, 3317.031, 3317.05, 3317.052, 3317.053,	74224
3317.06, 3317.063, 3317.081, 3317.09, 3317.10, 3317.16, 3317.20,	74225
3317.21, 3317.22, 3317.23, 3317.50, 3317.51, 3318.091, 3318.33,	74226
3319.081, 3319.17, 3319.22, 3319.235, 3319.55, 3323.021, 3323.091,	74227
3323.14, 3323.16, 3327.01, 3332.092, 3333.04, 3333.044, 3333.12,	74228
3333.121, 3333.27, 3333.28, 3333.38, 3334.01, 3334.02, 3334.03,	74229
3334.07, 3334.08, 3334.09, 3334.10, 3334.11, 3334.12, 3334.15,	74230
3334.16, 3334.17, 3334.18, 3334.19, 3345.10, 3345.32, 3353.01,	74231
3353.04, 3353.06, 3353.07, 3362.02, 3365.01, 3365.02, 3375.48,	74232
3375.49, 3375.54, 3375.55, 3381.15, 3383.02, 3383.09, 3501.17,	74233
3701.023, 3701.146, 3701.65, 3702.141, 3702.51, 3702.68, 3702.71,	74234
3702.74, 3703.01, 3703.03, 3703.04, 3703.05, 3703.06, 3703.07,	74235
3703.08, 3703.10, 3703.99, 3704.035, 3704.143, 3704.99, 3705.24,	74236
3709.29, 3709.34, 3712.03, 3714.07, 3721.01, 3721.011, 3721.02,	74237
3721.03, 3721.07, 3721.15, 3721.21, 3721.50, 3721.51, 3721.52,	74238
3721.56, 3721.58, 3722.01, 3722.02, 3722.04, 3734.01, 3734.20,	74239
3734.21, 3734.22, 3734.23, 3734.28, 3734.57, 3734.573, 3734.85,	74240
3734.901, 3734.9010, 3735.27, 3743.01, 3743.02, 3743.04, 3743.05,	74241
3743.06, 3743.15, 3743.17, 3743.18, 3743.19, 3743.57, 3743.59,	74242
3743.65, 3743.75, 3745.11, 3745.12, 3746.04, 3746.071, 3748.07,	74243
3748.13, 3773.34, 3773.38, 3773.39, 3773.40, 3773.57, 3781.07,	74244
3781.10, 3781.102, 3793.09, 3901.021, 3901.17, 3901.78, 3903.14,	74245
3903.42, 3905.04, 3905.36, 3905.40, 3923.27, 4112.12, 4115.03,	74246
4115.032, 4115.071, 4115.21, 4115.32, 4115.34, 4117.10, 4117.24,	74247
4123.27, 4301.10, 4301.43, 4303.182, 4501.01, 4501.37, 4503.103,	74248
4503.471, 4503.48, 4503.50, 4503.53, 4503.571, 4503.59, 4503.73,	74249
4503.85, 4503.91, 4505.06, 4506.07, 4511.191, 4511.75, 4517.01,	74250
4519.01, 4519.02, 4519.09, 4561.17, 4561.18, 4561.21, 4703.15,	74251
4705.09, 4709.05, 4713.02, 4723.32, 4723.63, 4731.65, 4731.71,	74252
4736.11, 4736.12, 4740.14, 4753.03, 4753.06, 4753.071, 4753.08,	74253
4753.09, 4755.48, 4775.04, 4905.10, 4905.54, 4905.95, 4911.02,	74254
4911.18, 4973.171, 5101.16, 5101.181, 5101.21, 5101.241, 5101.26,	74255
5101.31, 5101.35, 5101.36, 5101.46, 5101.47, 5101.75, 5101.752,	74256
5101.80, 5101.801, 5101.821, 5104.01, 5104.02, 5104.32, 5104.38,	74257
5107.05, 5107.10, 5107.26, 5107.30, 5107.58, 5110.01, 5110.05,	74258
5110.352, 5110.39, 5111.011, 5111.019, 5111.0112, 5111.02,	74259
5111.021, 5111.023, 5111.025, 5111.042, 5111.06, 5111.082,	74260
5111.11, 5111.111, 5111.113, 5111.16, 5111.17, 5111.19, 5111.20,	74261
5111.204, 5111.21, 5111.22, 5111.221, 5111.23, 5111.231, 5111.235,	74262
5111.24, 5111.241, 5111.25, 5111.251, 5111.255, 5111.257, 5111.26,	74263
5111.261, 5111.263, 5111.264, 5111.27, 5111.28, 5111.29, 5111.291,	74264
5111.30, 5111.31, 5111.32, 5111.33, 5111.62, 5111.81, 5111.85,	74265
5111.87, 5111.871, 5111.88, 5111.911, 5111.97, 5111.99, 5112.03,	74266
5112.08, 5112.17, 5112.30, 5112.31, 5115.20, 5115.22, 5115.23,	74267
5119.61, 5120.09, 5120.16, 5120.48, 5120.51, 5121.01, 5121.02,	74268
5121.03, 5121.04, 5121.05, 5121.06, 5121.061, 5121.07, 5121.08,	74269
5121.09, 5121.10, 5121.11, 5121.12, 5121.21, 5122.03, 5122.31,	74270
5123.01, 5123.045, 5123.046, 5123.047, 5123.049, 5123.0412,	74271
5123.34, 5123.41, 5123.701, 5123.71, 5123.76, 5126.01, 5126.035,	74272
5126.042, 5126.054, 5126.055, 5126.056, 5126.057, 5126.12,	74273
5139.01, 5139.36, 5153.16, 5502.01, 5531.10, 5540.01, 5540.09,	74274
5552.01, 5703.052, 5703.053, 5703.26, 5703.47, 5703.50, 5703.70,	74275
5703.80, 5703.99, 5705.091, 5705.19, 5705.391, 5711.21, 5711.22,	74276
5711.28, 5715.24, 5719.041, 5725.01, 5725.19, 5727.01, 5727.02,	74277
5727.06, 5727.08, 5727.10, 5727.11, 5727.111, 5727.12, 5727.23,	74278
5727.47, 5727.81, 5727.82, 5727.84, 5727.85, 5727.99, 5728.01,	74279
5728.02, 5728.03, 5728.04, 5728.06, 5728.08, 5728.99, 5729.08,	74280
5731.01, 5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22,	74281
5731.23, 5731.39, 5731.41, 5731.99, 5733.01, 5733.065, 5733.066,	74282
5733.33, 5733.351, 5733.352, 5733.40, 5733.41, 5733.49, 5733.98,	74283
5733.99, 5735.99, 5737.03, 5739.01, 5739.02, 5739.021, 5739.025,	74284
5739.026, 5739.03, 5739.033, 5739.034, 5739.035, 5739.09, 5739.10,	74285
5739.16, 5739.17, 5739.99, 5741.02, 5741.16, 5741.99, 5743.01,	74286
5743.02, 5743.03, 5743.05, 5743.071, 5743.08, 5743.10, 5743.111,	74287
5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20,	74288
5743.32, 5743.33, 5743.99, 5747.01, 5747.02, 5747.05, 5747.08,	74289
5747.212, 5747.331, 5747.70, 5747.80, 5747.98, 5747.99, 5749.02,	74290
5907.15, 5919.33, 5920.01, 6109.21, 6111.02, 6121.04, and 6123.04	74291
of the Revised Code are hereby repealed. Existing Section 41.36 of	74292
Am. Sub. H.B. 95 of the 125th General Assembly is hereby repealed.	74293

Section 105.01. That sections Sec. 181.53. , Sec. 339.77. , Sec. 742.36. ,	74294
Sec. 1541.221. , Sec. 3301.31. , Sec. 3301.33. , Sec. 3301.34. , Sec. 3301.35. , Sec. 3301.36. , Sec. 3301.37. ,	74295
Sec. 3301.38. , Sec. 3301.80. , Sec. 3301.85. , Sec. 3301.87. , Sec. 3311.40. , Sec. 3317.012. , Sec. 3317.0212. ,	74296
Sec. 3317.0213. , Sec. 3353.02. , Sec. 3353.03. , Sec. 3501.141. , Sec. 3704.14. , Sec. 3704.142. , Sec. 3704.17. ,	74297
Sec. 3721.511. , Sec. 3901.41. , Sec. 3901.781. , Sec. 3901.782. , Sec. 3901.783. , Sec. 3901.784. ,	74298
Sec. 4115.16. , Sec. 4519.06. , Sec. 4519.07. , Sec. 5101.751. , Sec. 5101.753. , Sec. 5101.754. , Sec. 5111.041. ,	74299
Sec. 5111.205. , Sec. 5111.262. , Sec. 5111.34. , Sec. 5115.10. , Sec. 5115.11. , Sec. 5115.12. , Sec. 5115.13. ,	74300
Sec. 5115.14. , Sec. 5123.041. , Sec. 5123.048. , Sec. 5731.20. , Sec. 5733.122. , and Sec. 6111.028. of	74301
the Revised Code are hereby repealed.	74302

Section 200.01. Except as otherwise provided, all	74303
appropriation items (AI) in this act are appropriated out of any	74304
moneys in the state treasury to the credit of the designated fund	74305
that are not otherwise appropriated. For all appropriations made	74306
in this act, the amounts in the first column are for fiscal year	74307
2006 and the amounts in the second column are for fiscal year	74308
2007.	74309

FND

AI TITLE

APPROPRIATIONS

74310

Section 203.03. ACC ACCOUNTANCY BOARD OF OHIO

74311

General Services Fund Group

74312

4J8	889-601	CPA Education Assistance	$	209,510	$	209,510	74313
4K9	889-609	Operating Expenses	$	1,069,776	$	1,069,776	74314
TOTAL GSF General Services Fund							74315
Group			$	1,279,286	$	1,279,286	74316
TOTAL ALL BUDGET FUND GROUPS			$	1,279,286	$	1,279,286	74317

Section 203.06. PAY ACCRUED LEAVE LIABILITY

74319

Accrued Leave Liability Fund Group

74320

806	995-666	Accrued Leave Fund	$	68,846,630	$	77,950,372	74321
807	995-667	Disability Fund	$	48,057,723	$	50,955,496	74322
TOTAL ALF Accrued Leave Liability							74323
Fund Group			$	116,904,353	$	128,905,868	74324

Agency Fund Group

74325

808	995-668	State Employee Health Benefit Fund	$	480,879,258	$	550,922,742	74326
809	995-669	Dependent Care Spending Account	$	2,801,543	$	2,969,635	74327
810	995-670	Life Insurance Investment Fund	$	1,943,789	$	2,031,381	74328
811	995-671	Parental Leave Benefit Fund	$	4,040,434	$	4,282,860	74329
813	995-672	Health Care Spending Account	$	8,000,000	$	12,000,000	74330
TOTAL AGY Agency Fund Group			$	497,665,024	$	572,206,618	74331

TOTAL ALL BUDGET FUND GROUPS

614,569,377

701,112,486

74332

ACCRUED LEAVE LIABILITY FUND

74333

The foregoing appropriation item 995-666, Accrued Leave Fund,	74334
shall be used to make payments from the Accrued Leave Liability	74335
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	74336
If it is determined by the Director of Budget and Management that	74337
additional amounts are necessary, the amounts are appropriated.	74338

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

74339

The foregoing appropriation item 995-667, Disability Fund,	74340
shall be used to make payments from the State Employee Disability	74341
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	74342
Revised Code. If it is determined by the Director of Budget and	74343
Management that additional amounts are necessary, the amounts are	74344
appropriated.	74345

STATE EMPLOYEE HEALTH BENEFIT FUND

74346

The foregoing appropriation item 995-668, State Employee	74347
Health Benefit Fund, shall be used to make payments from the State	74348
Employee Health Benefit Fund (Fund 808), pursuant to section	74349
124.87 of the Revised Code. If it is determined by the Director of	74350
Budget and Management that additional amounts are necessary, the	74351
amounts are appropriated.	74352

Effective July 1, 2005, or as soon thereafter as possible,	74353
the Director of Budget and Management may transfer up to $70,000	74354
in cash from the General Revenue Fund to the State Employee Health	74355
Benefit Fund (Fund 808). The amount of the transfer shall not	74356
exceed the amount of cash transferred from the State Employee	74357
Health Benefit Fund to the Health Care Spending Account Fund (Fund	74358
813) during fiscal year 2005.	74359

DEPENDENT CARE SPENDING ACCOUNT

74360

The foregoing appropriation item 995-669, Dependent Care	74361
Spending Account, shall be used to make payments from the	74362
Dependent Care Spending Account (Fund 809) to employees eligible	74363
for dependent care expenses. If it is determined by the Director	74364
of Budget and Management that additional amounts are necessary,	74365
the amounts are appropriated.	74366

LIFE INSURANCE INVESTMENT FUND

74367

The foregoing appropriation item 995-670, Life Insurance	74368
Investment Fund, shall be used to make payments from the Life	74369
Insurance Investment Fund (Fund 810) for the costs and expenses of	74370
the state's life insurance benefit program pursuant to section	74371
125.212 of the Revised Code. If it is determined by the Director	74372
of Budget and Management that additional amounts are necessary,	74373
the amounts are appropriated.	74374

PARENTAL LEAVE BENEFIT FUND

74375

The foregoing appropriation item 995-671, Parental Leave	74376
Benefit Fund, shall be used to make payments from the Parental	74377
Leave Benefit Fund (Fund 811) to employees eligible for parental	74378
leave benefits pursuant to section 124.137 of the Revised Code. If	74379
it is determined by the Director of Budget and Management that	74380
additional amounts are necessary, the amounts are appropriated.	74381

HEALTH CARE SPENDING ACCOUNT

74382

There is hereby established in the State Treasury the Health	74383
Care Spending Account Fund (Fund 813). The foregoing appropriation	74384
item 995-672, Health Care Spending Account, shall be used to make	74385
payments from the fund. The fund shall be under the supervision of	74386
the Department of Administrative Services and shall be used to	74387
make payments pursuant to state employees' participation in a	74388
flexible spending account for non-reimbursed health care expenses	74389
and pursuant to Section 125 of the Internal Revenue Code. All	74390
income derived from the investment of the fund shall accrue to the	74391
fund. If it is determined by the Director of Administrative	74392
Services that additional appropriation amounts are necessary, the	74393
Director of Administrative Services may request that the Director	74394
of Budget and Management increase such amounts. Such amounts are	74395
hereby appropriated.	74396

At the request of the Director of Administrative Services,	74397
the Director of Budget and Management shall transfer up to	74398
$400,000 from the State Employee Health Benefit Fund (Fund 808) to	74399
the Health Care Spending Account Fund during fiscal years 2006 and	74400
2007. This cash shall be transferred as needed to provide adequate	74401
cash flow for the Health Care Spending Account Fund during fiscal	74402
year 2006 and fiscal year 2007. At the end of fiscal years 2006	74403
and 2007, the Director of Budget and Management shall transfer	74404
cash up to the amount previously transferred in the respective	74405
year back from the Health Care Spending Account (Fund 813) to the	74406
State Employee Health Benefit Fund (Fund 808). If funds are not	74407
available in the Health Care Spending Account Fund, the Director	74408
of Administrative Services may request, and the Director of Budget	74409
and Management may transfer, the balance of the funds needed from	74410
the General Revenue Fund.	74411

Section 203.09. ADJ ADJUTANT GENERAL

74412

General Revenue Fund

74413

GRF	745-401	Ohio Military Reserve	$	15,188	$	15,188	74414
GRF	745-404	Air National Guard	$	1,939,762	$	1,939,762	74415
GRF	745-407	National Guard Benefits	$	1,400,000	$	1,400,000	74416
GRF	745-409	Central Administration	$	3,899,590	$	3,899,590	74417
GRF	745-499	Army National Guard	$	4,086,222	$	4,086,222	74418
GRF	745-502	Ohio National Guard Unit Fund	$	102,973	$	102,973	74419
TOTAL GRF General Revenue Fund			$	11,443,735	$	11,443,735	74420

General Services Fund Group

74421

534	745-612	Armory Improvements	$	534,304	$	534,304	74422
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,094,970	$	1,094,970	74423
537	745-604	Ohio National Guard Facility Maintenance	$	219,826	$	219,826	74424
TOTAL GSF General Services Fund Group			$	1,849,100	$	1,849,100	74425

Federal Special Revenue Fund Group

74426

3E8	745-628	Air National Guard Agreement	$	12,174,760	$	12,174,760	74427
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	74428
341	745-615	Air National Guard Base Security	$	2,424,740	$	2,424,740	74429
342	745-616	Army National Guard Agreement	$	8,686,893	$	8,686,893	74430
TOTAL FED Federal Special Revenue Fund Group			$	23,311,393	$	23,311,393	74431

State Special Revenue Fund Group

74432

5U8	745-613	Community Match Armories	$	90,000	$	91,800	74433
528	745-605	Marksmanship Activities	$	126,078	$	128,600	74434
TOTAL SSR State Special Revenue Fund Group			$	216,078	$	220,400	74435

TOTAL ALL BUDGET FUND GROUPS

36,820,306

36,824,628

74436

NATIONAL GUARD BENEFITS

74437

The foregoing appropriation item 745-407, National Guard	74438
Benefits, shall be used for purposes of sections 5919.31 and	74439
5919.33 of the Revised Code, and for administrative costs of the	74440
associated programs.	74441

NATIONAL GUARD BENEFITS

74442

For active duty members of the Ohio National Guard who died	74443
after October 7, 2001, while performing active duty, the death	74444
benefit, pursuant to section 5919.33 of the Revised Code, shall be	74445
paid to the beneficiary or beneficiaries designated on the	74446
member's Servicemembers' Group Life Insurance Policy.	74447

Section 203.12. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

74448

General Revenue Fund

74449

GRF	100-404	CRP Procurement Program	$	248,040	$	268,040	74450
GRF	100-405	Agency Audit Expenses	$	329,000	$	329,000	74451
GRF	100-406	County & University Human Resources Services	$	60,000	$	60,000	74452
GRF	100-410	Veterans' Records Conversion	$	69,000	$	48,600	74453
GRF	100-418	Web Sites and Business Gateway	$	3,275,280	$	3,275,280	74454
GRF	100-419	IT Security Infrastructure	$	1,636,247	$	1,636,247	74455
GRF	100-421	OAKS Project Implementation	$	484,000	$	410,839	74456
GRF	100-433	State of Ohio Computer Center	$	4,991,719	$	4,991,719	74457
GRF	100-439	Equal Opportunity Certification Programs	$	726,481	$	728,384	74458
GRF	100-447	OBA - Building Rent Payments	$	115,740,400	$	116,091,300	74459
GRF	100-448	OBA - Building Operating Payments	$	25,393,250	$	25,647,183	74460
GRF	100-449	DAS - Building Operating Payments	$	4,160,383	$	4,170,623	74461
GRF	100-451	Minority Affairs	$	47,000	$	47,000	74462
GRF	100-734	Major Maintenance - State Bldgs	$	50,000	$	50,000	74463
GRF	102-321	Construction Compliance	$	1,190,959	$	1,206,779	74464
GRF	130-321	State Agency Support Services	$	2,693,788	$	2,668,986	74465
TOTAL GRF General Revenue Fund			$	161,095,547	$	161,629,980	74466

General Services Fund Group

74467

112	100-616	DAS Administration	$	5,221,393	$	5,299,427	74468
115	100-632	Central Service Agency	$	466,517	$	485,178	74469
117	100-644	General Services Division - Operating	$	6,834,247	$	7,245,772	74470
122	100-637	Fleet Management	$	4,025,043	$	4,032,968	74471
125	100-622	Human Resources Division - Operating	$	18,864,179	$	19,220,614	74472
127	100-627	Vehicle Liability Insurance	$	3,344,644	$	3,344,644	74473
128	100-620	Collective Bargaining	$	3,410,952	$	3,410,952	74474
130	100-606	Risk Management Reserve	$	223,904	$	223,904	74475
131	100-639	State Architect's Office	$	6,977,274	$	7,047,427	74476
132	100-631	DAS Building Management	$	10,721,430	$	11,066,228	74477
133	100-607	IT Services Delivery	$	81,418,432	$	80,345,564	74478
188	100-649	Equal Opportunity Division - Operating	$	993,378	$	1,010,256	74479
201	100-653	General Services Resale Merchandise	$	1,553,000	$	1,553,000	74480
210	100-612	State Printing	$	5,931,421	$	5,931,421	74481
229	100-630	IT Governance	$	18,531,812	$	17,601,712	74482
4N6	100-617	Major IT Purchases	$	10,617,166	$	10,617,166	74483
4P3	100-603	DAS Information Services	$	5,902,099	$	6,117,004	74484
427	100-602	Investment Recovery	$	5,580,208	$	5,683,564	74485
5C2	100-605	MARCS Administration	$	9,268,178	$	9,268,178	74486
5C3	100-608	Skilled Trades	$	1,406,278	$	1,434,982	74487
5D7	100-621	Workforce Development	$	12,000,000	$	12,000,000	74488
5L7	100-610	Professional Development	$	2,700,000	$	2,700,000	74489
5V6	100-619	Employee Educational Development	$	936,129	$	936,129	74490
TOTAL GSF General Services Fund							74491
Group			$	216,927,684	$	216,576,090	74492

Federal Special Revenue Fund Group

74493

3AJ	100-623		Information Technology Grants		$	82,048		$	82,048		74494
TOTAL FSR Federal Special Revenue Fund Group					$	82,048		$	82,048		74495

Agency Fund Group

74496

124	100-629		Payroll Deductions		$	2,050,000,000		$	2,050,000,000		74497
TOTAL AGY Agency Fund Group					$	2,050,000,000		$	2,050,000,000		74498

Holding Account Redistribution Fund Group

74499

R08	100-646	General Services Refunds	$	20,000	$	20,000	74500
TOTAL 090 Holding Account							74501
Redistribution Fund Group			$	20,000	$	20,000	74502
TOTAL ALL BUDGET FUND GROUPS			$	2,428,125,279	$	2,428,308,118	74503

Section 203.12.01. TRANSFERS OF STATE USE PROGRAM FROM THE	74505
DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	74506

Effective July 1, 2005, or the earliest date thereafter	74507
permitted by law, the State Committee for the Purchase of Products	74508
and Services Provided by Persons with Severe Disabilities created	74509
by sections 4115.31 to 4115.35 of the Revised Code is part of the	74510
Department of Administrative Services. The committee's functions,	74511
assets, and liabilities, including, but not limited to, records	74512
regardless of form or medium, are transferred to the Department of	74513
Administrative Services. The Department of Administrative Services	74514
is thereupon and thereafter successor to, assumes the obligations	74515
of, and otherwise constitutes the continuation of the State	74516
Committee for the Purchase of Products and Services Provided by	74517
Persons with Severe Disabilities. The functions of the Executive	74518
Director of the committee are thereupon and thereafter transferred	74519
to the Department of Administrative Services.	74520

Any business commenced but not completed by the committee on	74521
June 30, 2005, shall be completed by the Department of	74522
Administrative Services, in the same manner, and with the same	74523
effect, as if completed by the committee. No validation, cure,	74524
right, privilege, remedy, obligation, or liability is lost or	74525
impaired by reason of the transfer required under this section and	74526
shall be administered by the Department of Administrative	74527
Services. All of the committee's rules, orders, and determinations	74528
continue in effect as rules, orders, and determinations of the	74529
Department of Administrative Services, until modified or rescinded	74530
by the Department of Administrative Services. If necessary to	74531
ensure the integrity of the Administrative Code numbering system,	74532
the Director of the Legislative Service Commission shall renumber	74533
the committee's rules to reflect their transfer to the Department	74534
of Administrative Services.	74535

Employees of the Department of Mental Retardation and	74536
Developmental Disabilities designated as staff for the committee	74537
shall be transferred to the Department of Administrative Services	74538
as necessary. Subject to lay-off provisions of sections 124.321 to	74539
124.328 of the Revised Code, as well as provisions of the contract	74540
between the state and all bargaining units affected, those	74541
employees so transferred to the Department of Administrative	74542
Services retain their positions and all benefits accruing thereto.	74543

No judicial or administrative action or proceeding to which	74544
the committee is a party that is pending on July 1, 2005, is	74545
affected by the transfer of functions. Such action or proceeding	74546
shall be prosecuted or defended in the name of the Director of the	74547
Department of Administrative Services. On application to the court	74548
or other tribunal, the Director of Administrative Services shall	74549
be substituted for the Director of Mental Retardation and	74550
Developmental Disabilities as a party to such action or	74551
proceeding.	74552

On and after July 1, 2005, notwithstanding any provision of	74553
law to the contrary, the Director of Budget and Management shall	74554
take the actions with respect to budget changes made necessary by	74555
the transfer, including administrative reorganization, program	74556
transfers, the creation of new funds, and the consolidation of	74557
funds as authorized by this section. The Director may cancel	74558
encumbrances and re-establish encumbrances or parts of	74559
encumbrances as needed in fiscal year 2006 in the appropriate fund	74560
and appropriation item for the same purpose and to the same	74561
vendor. The Director, as determined necessary, may re-establish	74562
such encumbrances in fiscal year 2006 in a different fund or	74563
appropriation item within an agency or between agencies. The	74564
re-established encumbrances are here by appropriated. The Director	74565
shall reduce each year's appropriation balances by the amount of	74566
the encumbrance canceled in their respective funds and	74567
appropriation item.	74568

Not later than sixty days after the transfer of the committee	74569
to the Department of Administrative Services, the Director of	74570
Mental Retardation and Developmental Disabilities shall certify to	74571
the Director of Budget and Management the amount of any unexpended	74572
balance of General Revenue Fund appropriations made to GRF	74573
appropriation item 322-405, State Use Program. Upon receipt of the	74574
certification, the Director of Budget and Management shall	74575
transfer the appropriations from GRF appropriation item 322-405,	74576
State Use Program, to GRF appropriation item 100-404, CRP	74577
Procurement Program.	74578

Section 203.12.03. AGENCY AUDIT EXPENSES

74579

The foregoing appropriation item 100-405, Agency Audit	74580
Expenses, shall be used for auditing expenses designated in	74581
division (A)(1) of section 117.13 of the Revised Code for those	74582
state agencies audited on a biennial basis.	74583

Section 203.12.06. OHIO BUILDING AUTHORITY

74584

The foregoing appropriation item 100-447, OBA - Building Rent	74585
Payments, shall be used to meet all payments at the times they are	74586
required to be made during the period from July 1, 2005, to June	74587
30, 2007, by the Department of Administrative Services to the Ohio	74588
Building Authority pursuant to leases and agreements under Chapter	74589
152. of the Revised Code, but limited to the aggregate amount of	74590
$231,831,700. These appropriations are the source of funds pledged	74591
for bond service charges on obligations issued pursuant to Chapter	74592
152. of the Revised Code.	74593

The foregoing appropriation item 100-448, OBA - Building	74594
Operating Payments, shall be used to meet all payments at the	74595
times that they are required to be made during the period from	74596
July 1, 2005, to June 30, 2007, by the Department of	74597
Administrative Services to the Ohio Building Authority pursuant to	74598
leases and agreements under Chapter 152. of the Revised Code, but	74599
limited to the aggregate amount of $51,040,433.	74600

The payments to the Ohio Building Authority are for the	74601
purpose of paying the expenses of agencies that occupy space in	74602
the various state facilities. The Department of Administrative	74603
Services may enter into leases and agreements with the Ohio	74604
Building Authority providing for the payment of these expenses.	74605
The Ohio Building Authority shall report to the Department of	74606
Administrative Services and the Office of Budget and Management	74607
not later than five months after the start of a fiscal year the	74608
actual expenses incurred by the Ohio Building Authority in	74609
operating the facilities and any balances remaining from payments	74610
and rentals received in the prior fiscal year. The Department of	74611
Administrative Services shall reduce subsequent payments by the	74612
amount of the balance reported to it by the Ohio Building	74613
Authority.	74614

Section 203.12.09. DAS - BUILDING OPERATING PAYMENTS

74615

The foregoing appropriation item 100-449, DAS - Building	74616
Operating Payments, shall be used to pay the rent expenses of	74617
veterans organizations pursuant to section 123.024 of the Revised	74618
Code in fiscal years 2006 and 2007.	74619

The foregoing appropriation item, 100-449, DAS - Building	74620
Operating Payments, may be used to provide funding for the cost of	74621
property appraisals or building studies that the Department of	74622
Administrative Services may be required to obtain for property	74623
that is being sold by the state or property under consideration to	74624
be renovated or purchased by the state.	74625

Notwithstanding section 125.28 of the Revised Code, the	74626
remaining portion of the appropriation may be used to pay the	74627
operating expenses of state facilities maintained by the	74628
Department of Administrative Services that are not billed to	74629
building tenants. These expenses may include, but are not limited	74630
to, the costs for vacant space and space undergoing renovation,	74631
and the rent expenses of tenants that are relocated due to	74632
building renovations. These payments shall be processed by the	74633
Department of Administrative Services through intrastate transfer	74634
vouchers and placed in the Building Management Fund (Fund 132).	74635

Section 203.12.12. CENTRAL SERVICE AGENCY FUND

74636

The Director of Budget and Management may transfer up to	74637
$363,851 in fiscal year 2006 from the Occupational Licensing and	74638
Regulatory Fund (Fund 4K9) to the Central Service Agency Fund	74639
(Fund 115). The Director of Budget and Management may transfer up	74640
to $45,184 in fiscal year 2006 from the State Medical Board	74641
Operating Fund (Fund 5C6) to the Central Service Agency Fund (Fund	74642
115). The Director of Budget and Management may transfer up to	74643
$625 in fiscal year 2006 from the Motor Vehicle Collision Repair	74644
Registration Fund (Fund 5H9) to the Central Service Agency Fund	74645
(Fund 115). The appropriation item 100-632, Central Service	74646
Agency, shall be used to purchase the necessary equipment,	74647
products, and services to maintain an automated application for	74648
the professional licensing boards, and to support their licensing	74649
functions in fiscal year 2006. The amount of the cash transfers is	74650
appropriated to appropriation item 100-632, Central Service	74651
Agency.	74652

Section 203.12.15. COLLECTIVE BARGAINING ARBITRATION	74653
EXPENSES	74654

With approval of the Director of Budget and Management, the	74655
Department of Administrative Services may seek reimbursement from	74656
state agencies for the actual costs and expenses the department	74657
incurs in the collective bargaining arbitration process. The	74658
reimbursements shall be processed through intrastate transfer	74659
vouchers and placed in the Collective Bargaining Fund (Fund 128).	74660

Section 203.12.18. OFFICE OF INFORMATION TECHNOLOGY

74661

The foregoing appropriation item 100-607, IT Service	74662
Delivery, shall be used by the Office of Information Technology to	74663
carry out its responsibilities under section 125.29 of the Revised	74664
Code. The foregoing appropriation item 100-630, IT Governance,	74665
shall be used by the Office of Information Technology to carry out	74666
its responsibilities under section 125.29 of the Revised Code.	74667

As soon as possible on or after July 1, 2005, the Director of	74668
Administrative Services shall certify to the Director of Budget	74669
and Management the amount of cash up to $5,000,000 to be	74670
transferred from the IT Service Delivery Fund (Fund 133) to the IT	74671
Governance Fund (Fund 229). This amount represents a portion of	74672
the cash balance in the IT Service Delivery Fund attributable to	74673
IT Governance programs. The Director of Budget and Management	74674
shall transfer the certified amount.	74675

After final payments are made from fiscal year 2005	74676
encumbrances in the IT Service Delivery Fund (Fund 133), the	74677
Department of Administrative Services shall reconcile fiscal year	74678
2005 financial activity in the IT Service Delivery Fund and	74679
determine the amount of the fund cash balance due to the IT	74680
Governance Fund (Fund 229). The reconciliation shall be done in	74681
accordance with federal cost accounting regulations. Not later	74682
than June 30, 2006, the Director of Administrative Services shall	74683
make a determination of any additional transfers of cash necessary	74684
for reconciliation purposes. Upon concurrence with this	74685
determination, the Director of Budget and Management may transfer	74686
such cash between the IT Service Delivery Fund and the IT	74687
Governance Fund.	74688

Section 203.12.21. EQUAL OPPORTUNITY PROGRAM

74689

The Department of Administrative Services, with the approval	74690
of the Director of Budget and Management, shall establish charges	74691
for recovering the costs of administering the activities supported	74692
by the State EEO Fund (Fund 188). These charges shall be deposited	74693
to the credit of the State EEO Fund (Fund 188) upon payment made	74694
by state agencies, state-supported or state-assisted institutions	74695
of higher education, and tax-supported agencies, municipal	74696
corporations, and other political subdivisions of the state, for	74697
services rendered.	74698

Section 203.12.24. MERCHANDISE FOR RESALE

74699

The foregoing appropriation item 100-653, General Services	74700
Resale Merchandise, shall be used to account for merchandise for	74701
resale, which is administered by the General Services Division.	74702
Deposits to the fund may comprise the cost of merchandise for	74703
resale and shipping fees.	74704

Section 203.12.27. DAS INFORMATION SERVICES

74705

There is hereby established in the State Treasury the DAS	74706
Information Services Fund. The foregoing appropriation item	74707
100-603, DAS Information Services, shall be used to pay the costs	74708
of providing information systems and services in the Department of	74709
Administrative Services.	74710

The Department of Administrative Services shall establish	74711
user charges for all information systems and services that are	74712
allowable in the statewide indirect cost allocation plan submitted	74713
annually to the United States Department of Health and Human	74714
Services. These charges shall comply with federal regulations and	74715
shall be deposited to the credit of the DAS Information Services	74716
Fund (Fund 4P3).	74717

Section 203.12.30. INVESTMENT RECOVERY FUND

74718

Notwithstanding division (B) of section 125.14 of the Revised	74719
Code, cash balances in the Investment Recovery Fund (Fund 427) may	74720
be used to support the operating expenses of the Federal Surplus	74721
Operating Program created in sections 125.84 to 125.90 of the	74722
Revised Code.	74723

Notwithstanding division (B) of section 125.14 of the Revised	74724
Code, cash balances in the Investment Recovery Fund may be used to	74725
support the operating expenses of the State Property Inventory and	74726
Fixed Assets Management System Program.	74727

Of the foregoing appropriation item 100-602, Investment	74728
Recovery, up to $2,147,024 in fiscal year 2006 and up to	74729
$2,205,594 in fiscal year 2007 shall be used to pay the operating	74730
expenses of the State Surplus Property Program, the Surplus	74731
Federal Property Program, and the State Property Inventory and	74732
Fixed Assets Management System Program under Chapter 125. of the	74733
Revised Code and this section. If additional appropriations are	74734
necessary for the operations of these programs, the Director of	74735
Administrative Services shall seek increased appropriations from	74736
the Controlling Board under section 131.35 of the Revised Code.	74737

Of the foregoing appropriation item 100-602, Investment	74738
Recovery, $3,433,184 in fiscal year 2006 and $3,477,970 in fiscal	74739
year 2007 shall be used to transfer proceeds from the sale of	74740
surplus property from the Investment Recovery Fund to non-General	74741
Revenue Funds under division (A)(2) of section 125.14 of the	74742
Revised Code. If it is determined by the Director of	74743
Administrative Services that additional appropriations are	74744
necessary for the transfer of such sale proceeds, the Director of	74745
Administrative Services may request the Director of Budget and	74746
Management to increase the amounts. Such amounts are hereby	74747
appropriated.	74748

Notwithstanding division (B) of section 125.14 of the Revised	74749
Code, the Director of Budget and Management, at the request of the	74750
Director of Administrative Services, shall transfer up to $500,000	74751
of the amounts held for transfer to the General Revenue Fund from	74752
the Investment Recovery Fund to the State Architect's Fund (Fund	74753
131) to provide operating cash.	74754

Section 203.12.33. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

74755

Effective with the implementation of the Multi-Agency Radio	74756
Communications System, the Director of Administrative Services	74757
shall collect user fees from participants in the system. The	74758
Director of Administrative Services, with the advice of the	74759
Multi-Agency Radio Communications System Steering Committee and	74760
the Director of Budget and Management, shall determine the amount	74761
of the fees and the manner by which the fees shall be collected.	74762
Such user charges shall comply with the applicable cost principles	74763
issued by the federal Office of Management and Budget. All moneys	74764
from user charges and fees shall be deposited in the state	74765
treasury to the credit of the Multi-Agency Radio Communications	74766
System Administration Fund (Fund 5C2), which is hereby established	74767
in the state treasury. All interest income derived from the	74768
investment of the fund shall accrue to the fund.	74769

Section 203.12.36. WORKFORCE DEVELOPMENT FUND

74770

There is hereby established in the state treasury the	74771
Workforce Development Fund (Fund 5D7). The foregoing appropriation	74772
item 100-621, Workforce Development, shall be used to make	74773
payments from the fund. The fund shall be under the supervision of	74774
the Department of Administrative Services, which may adopt rules	74775
with regard to administration of the fund. The fund shall be used	74776
to pay the costs of the Workforce Development Program, established	74777
by Article 37 of the contract between the State of Ohio and	74778
OCSEA/AFSCME, Local 11, effective March 1, 2003, and as modified	74779
by any successor labor contract between the State of Ohio and	74780
OCSEA/AFSCME. The program shall be administered in accordance with	74781
the contract. Revenues shall accrue to the fund as specified in	74782
the contract. The fund may be used to pay direct and indirect	74783
costs of the program that are attributable to staff, consultants,	74784
and service providers. All income derived from the investment of	74785
the fund shall accrue to the fund.	74786

If it is determined by the Director of Administrative	74787
Services that additional appropriation amounts are necessary, the	74788
Director of Administrative Services may request that the Director	74789
of Budget and Management increase such amounts. Such amounts are	74790
hereby appropriated.	74791

Section 203.12.39. PROFESSIONAL DEVELOPMENT FUND

74792

The foregoing appropriation item 100-610, Professional	74793
Development, shall be used to make payments from the Professional	74794
Development Fund (Fund 5L7) under section 124.182 of the Revised	74795
Code.	74796

Section 203.12.42. EMPLOYEE EDUCATIONAL DEVELOPMENT

74797

There is hereby established in the state treasury the	74798
Employee Educational Development Fund (Fund 5V6). The foregoing	74799
appropriation item 100-619, Employee Educational Development,	74800
shall be used to make payments from the fund. The fund shall be	74801
used to pay the costs of the administration of educational	74802
programs per existing collective bargaining agreements with	74803
District 1199, the Health Care and Social Service Union; State	74804
Council of Professional Educators; Ohio Education Association and	74805
National Education Association; the Fraternal Order of Police Ohio	74806
Labor Council, Unit 2; and the Ohio State Troopers Association,	74807
Units 1 and 15. The fund shall be under the supervision of the	74808
Department of Administrative Services, which may adopt rules with	74809
regard to administration of the fund. The fund shall be	74810
administered in accordance with the applicable sections of the	74811
collective bargaining agreements between the State and the	74812
aforementioned unions. The Department of Administrative Services,	74813
with the approval of the Director of Budget and Management, shall	74814
establish charges for recovering the costs of administering the	74815
educational programs. Receipts for these charges shall be	74816
deposited into the Employee Educational Development Fund. All	74817
income derived from the investment of the funds shall accrue to	74818
the fund.	74819

If it is determined by the Director of Administrative	74820
Services that additional appropriation amounts are necessary, the	74821
Director of Administrative Services may request that the Director	74822
of Budget and Management increase such amounts. Such amounts are	74823
hereby appropriated with the approval of the Director of Budget	74824
and Management.	74825

Section 203.12.45. MAJOR IT PURCHASES

74826

The Director of Administrative Services shall compute the	74827
amount of revenue attributable to the amortization of all	74828
equipment purchases and capitalized systems from appropriation	74829
item 100-607, IT Service Delivery; appropriation item 100-617,	74830
Major IT Purchases; and appropriation item CAP-837, Major IT	74831
Purchases, which is recovered by the Department of Administrative	74832
Services as part of the rates charged by the IT Service Delivery	74833
Fund (Fund 133) created in section 125.15 of the Revised Code. The	74834
Director of Budget and Management may transfer cash in an amount	74835
not to exceed the amount of amortization computed from the IT	74836
Service Delivery Fund (Fund 133) to the Major IT Purchases Fund	74837
(Fund 4N6).	74838

Section 203.12.48. INFORMATION TECHNOLOGY ASSESSMENT

74839

The Director of Administrative Services, with the approval of	74840
the Director of Budget and Management, may establish an	74841
information technology assessment for the purpose of recovering	74842
the cost of selected infrastructure and statewide programs. Such	74843
assessment shall comply with applicable cost principles issued by	74844
the federal Office of Management and Budget. The information	74845
technology assessment shall be charged to all organized bodies,	74846
offices, or agencies established by the laws of the state for the	74847
exercise of any function of state government except for the	74848
General Assembly, any legislative agency, the Supreme Court, the	74849
other courts of record in Ohio, or any judicial agency, the	74850
Adjutant General, the Bureau of Workers' Compensation, and	74851
institutions administered by a board of trustees. Any state-entity	74852
exempted by this section may utilize the infrastructure or	74853
statewide program by participating in the information technology	74854
assessment. All charges for the information technology assessment	74855
shall be deposited to the credit of the IT Service Delivery Fund	74856
(Fund 133) created in section 125.15 of the Revised Code.	74857

Section 203.12.51. UNEMPLOYMENT COMPENSATION FUND

74858

Within thirty days after the effective date of this section,	74859
or as soon as possible thereafter, the Director of Administrative	74860
Services shall certify the remaining cash in the Unemployment	74861
Compensation Fund (Fund 113) to the Director of Budget and	74862
Management who shall transfer that amount to the General Revenue	74863
Fund and abolish the Unemployment Compensation Fund (Fund 113).	74864

Section 203.12.54. PAYROLL WITHHOLDING FUND

74865

The foregoing appropriation item 100-629, Payroll Deductions,	74866
shall be used to make payments from the Payroll Withholding Fund	74867
(Fund 124). If it is determined by the Director of Budget and	74868
Management that additional appropriation amounts are necessary,	74869
such amounts are hereby appropriated.	74870

Section 203.12.57. GENERAL SERVICES REFUNDS

74871

The foregoing appropriation item 100-646, General Services	74872
Refunds, shall be used to hold bid guarantee and building plans	74873
and specifications deposits until they are refunded. The Director	74874
of Administrative Services may request that the Director of Budget	74875
and Management transfer cash received for the costs of providing	74876
the building plans and specifications to contractors from the	74877
General Services Refunds Fund to the State Architect's Office Fund	74878
(Fund 131). Prior to the transfer of cash, the Director of	74879
Administrative Services shall certify that such amounts are in	74880
excess of amounts required for refunding deposits and are directly	74881
related to costs of producing building plans and specifications.	74882
If it is determined that additional appropriations are necessary,	74883
such amounts are hereby appropriated.	74884

Section 203.12.60. MULTI-AGENCY RADIO COMMUNICATION SYSTEM	74885
DEBT SERVICE PAYMENTS	74886

The Director of Administrative Services, in consultation with	74887
the Multi-Agency Radio Communication System (MARCS) Steering	74888
Committee and the Director of Budget and Management, shall	74889
determine the share of debt service payments attributable to	74890
spending for MARCS components that are not specific to any one	74891
agency and that shall be charged to agencies supported by the	74892
motor fuel tax. Such share of debt service payments shall be	74893
calculated for MARCS capital disbursements made beginning July 1,	74894
1997. Within thirty days of any payment made from appropriation	74895
item 100-447, OBA - Building Rent Payments, the Director of	74896
Administrative Services shall certify to the Director of Budget	74897
and Management the amount of this share. The Director of Budget	74898
and Management shall transfer such amounts to the General Revenue	74899
Fund from the State Highway Safety Fund (Fund 036) established in	74900
section 4501.06 of the Revised Code.	74901

The Director of Administrative Services shall consider	74902
renting or leasing existing tower sites at reasonable or current	74903
market rates, so long as these existing sites are equipped with	74904
the technical capabilities to support the MARCS project.	74905

Section 203.12.63. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

74906

Whenever the Director of Administrative Services declares a	74907
"public exigency," as provided in division (C) of section 123.15	74908
of the Revised Code, the Director shall also notify the members of	74909
the Controlling Board.	74910

Section 203.12.66. GENERAL SERVICE CHARGES

74911

The Department of Administrative Services, with the approval	74912
of the Director of Budget and Management, shall establish charges	74913
for recovering the costs of administering the programs in the	74914
General Services Fund (Fund 117) and the State Printing Fund (Fund	74915
210).	74916

Section 203.12.69. MEDICAID INORMATION TECHNOLOGY SYSTEM

74917

(A) The Department of Administrative Services shall conduct a	74918
study to do both of the following:	74919

(1) Comprehensively analyze the technology needs of all	74920
governmental agencies that administer components of the Medicaid	74921
program.	74922

(2) Determine how to ensure that the technology needs of	74923
those governmental agencies can be integrated into a Medicaid	74924
information technology system.	74925

(B) The Department of Administrative Services shall seek the	74926
most federal participation available for the conduct of the study,	74927
and the Department of Job and Family Services shall seek the most	74928
federal participation available for the development and	74929
implementation of a Medicaid information technology system.	74930

Section 203.15. AAM COMMISSION ON AFRICAN AMERICAN MALES

74931

General Revenue Fund

74932

GRF	036-100	Personal Services	$	220,091	$	220,091	74933
GRF	036-200	Maintenance	$	39,909	$	39,909	74934
GRF	036-300	Equipment	$	1,000	$	1,000	74935
GRF	036-501	CAAM Awards and Scholarships	$	1,000	$	1,000	74936
GRF	036-502	Community Projects	$	20,000	$	20,000	74937
TOTAL GRF General Revenue Fund			$	282,000	$	282,000	74938

State Special Revenue Fund Group

74939

4H3	036-601	Commission on African American Males - Gifts/Grants	$	10,000	$	10,000	74940
TOTAL SSR State Special Revenue Fund Group			$	10,000	$	10,000	74941
TOTAL ALL BUDGET FUND GROUPS			$	292,000	$	292,000	74942

COMMISSION ON AFRICAN AMERICAN MALES PROGRESS REVIEW

74943

Annually, not later than the thirty-first day of December,	74944
the Commission on African American Males shall internally prepare	74945
and submit to the chairperson and ranking minority member of the	74946
Human Services Subcommittee of the Finance and Appropriations	74947
Committee of the House of Representatives a report that	74948
demonstrates the progress that has been made toward meeting the	74949
Commission's mission statement.	74950

Section 203.18. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

74951

General Revenue Fund

74952

GRF	029-321	Operating Expenses	$	379,769	$	387,364	74953
TOTAL GRF General Revenue Fund			$	379,769	$	387,364	74954
TOTAL ALL BUDGET FUND GROUPS			$	379,769	$	387,364	74955

OPERATING

74956

The Chief Administrative Officer of the House of	74957
Representatives and the Clerk of the Senate shall determine, by	74958
mutual agreement, which of them shall act as fiscal agent for the	74959
Joint Committee on Agency Rule Review.	74960

OPERATING EXPENSES

74961

The unencumbered balance of appropriation item 029-321,	74962
Operating Expenses, at the end of fiscal year 2006 shall be	74963
transferred to fiscal year 2007 for use under the same	74964
appropriation item.	74965

Section 203.21. AGE DEPARTMENT OF AGING

74966

General Revenue Fund

74967

GRF	490-321	Operating Expenses	$	2,579,867	$	2,308,867	74968
GRF	490-403	PASSPORT	$	112,045,715	$	121,009,372	74969
GRF	490-405	Golden Buckeye Card	$	467,614	$	467,614	74970
GRF	490-406	Senior Olympics	$	15,638	$	15,638	74971
GRF	490-409	Ohio Community Service Council Operations	$	203,647	$	193,465	74972
GRF	490-410	Long-Term Care Ombudsman	$	689,437	$	689,437	74973
GRF	490-411	Senior Community Services	$	10,630,988	$	10,630,988	74974
GRF	490-412	Residential State Supplement	$	9,156,771	$	9,156,771	74975
GRF	490-414	Alzheimers Respite	$	4,085,888	$	4,085,888	74976
GRF	490-416	JCFS Elderly Transportation	$	100,000	$	100,000	74977
GRF	490-421	PACE	$	11,354,145	$	10,214,809	74978
GRF	490-422	Assisted Living Waiver	$	0	$	359,919	74979
GRF	490-506	National Senior Service Corps	$	352,943	$	352,943	74980
TOTAL GRF General Revenue Fund			$	151,682,653	$	159,585,711	74981

General Services Fund Group

74982

480	490-606	Senior Community Outreach and Education	$	372,677	$	372,677	74983
TOTAL GSF General Services Fund							74984
Group			$	372,677	$	372,677	74985

Federal Special Revenue Fund Group

74986

3C4	490-607	PASSPORT	$	198,683,143	$	218,196,387	74987
3C4	490-621	PACE-Federal	$	10,854,083	$	14,586,135	74988
3C4	490-622	Assisted Living-Federal	$	0	$	5,687,374	74989
3M3	490-611	Federal Aging Nutrition	$	27,622,693	$	28,037,034	74990
3M4	490-612	Federal Independence Services	$	27,907,287	$	28,325,896	74991
3R7	490-617	Ohio Community Service Council Programs	$	9,170,000	$	9,170,000	74992
322	490-618	Federal Aging Grants	$	14,834,354	$	15,014,494	74993
TOTAL FED Federal Special Revenue							74994
Fund Group			$	289,071,560	$	319,017,320	74995

State Special Revenue Fund Group

74996

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	910,000	$	935,000	74997
4J4	490-610	PASSPORT/Residential State Supplement	$	33,263,984	$	33,263,984	74998
4U9	490-602	PASSPORT Fund	$	4,424,969	$	4,424,969	74999
5BA	490-620	Ombudsman Support	$	615,000	$	0	75000
5CE	490-624	Special Projects	$	350,000	$	0	75001
5K9	490-613	Long Term Care Consumers Guide	$	298,400	$	820,400	75002
5W1	490-616	Resident Services Coordinator Program	$	262,500	$	262,500	75003
624	490-604	OCSC Community Support	$	2,500	$	2,500	75004
TOTAL SSR State Special Revenue							75005
Fund Group			$	40,127,353	$	39,709,353	75006
TOTAL ALL BUDGET FUND GROUPS			$	481,254,243	$	518,685,061	75007

Section 203.21.03. PRE-ADMISSION REVIEW FOR NURSING FACILITY	75009
ADMISSION	75010

Pursuant to an interagency agreement, the Department of Job	75011
and Family Services shall designate the Department of Aging to	75012
perform assessments under sections 173.42 and 5111.204 of the	75013
Revised Code. Of the foregoing appropriation item 490-403,	75014
PASSPORT, the Department of Aging may use not more than $2,586,648	75015
in fiscal year 2006 and $2,651,315 in fiscal year 2007 to perform	75016
the assessments for persons not eligible for Medicaid under the	75017
department's interagency agreement with the Department of Job and	75018
Family Services and to assist individuals in planning for their	75019
long-term health care needs.	75020

Section 203.21.06. PASSPORT

75021

Of the foregoing appropriation item 490-607, PASSPORT, Fund	75022
3C4, up to $125,000 per fiscal year shall be used for an	75023
evaluation of the PASSPORT Program.	75024

(A) There is hereby created the PASSPORT Evaluation Panel to	75025
oversee the performance of an evaluation of the PASSPORT Home and	75026
Community Based Waiver Program conducted by an independent	75027
contractor. The Panel shall be composed of the following members:	75028

(1) The Director of Aging or the Director's designee;

75029

(2) The Director of Job and Family Services or the Director's	75030
designee;	75031

(3) A representative of the Central Ohio Area Agency on	75032
Aging, appointed by the Agency;	75033

(4) A representative of the Ohio Association of Area Agencies	75034
on Aging, appointed by the Agency;	75035

(5) A representative of PASSPORT providers, appointed by the	75036
Director of Aging;	75037

(6) A representative of the Ohio Academy of Nursing Homes,	75038
appointed by the Academy;	75039

(7) A representative of the Ohio Health Care Association,	75040
appointed by the Association;	75041

(8) A representative of the Association for Ohio	75042
Philanthropic Homes and Housing for the Aging, appointed by the	75043
Association;	75044

(9) A representative of the Ohio Council for Home Care,	75045
appointed by the Council;	75046

(10) A representative of the Ohio Association of Adult Day	75047
Services, appointed by the Association;	75048

(11) The State Long-Term Care Ombudsperson or the	75049
Ombudperson's designee;	75050

(12) A representative of the Ohio Association of Regional	75051
Long-Term Care Ombudsman, appointed by the Association;	75052

(13) A representative of the American Association of Retired	75053
Persons, appointed by the Association;	75054

(14) The Chair of the Long-Term Care Committee of the Ohio	75055
Commission to Reform Medicaid;	75056

(15) Three individuals to represent PASSPORT program	75057
participants, appointed by the Director of Aging.	75058

Panel members shall serve without compensation. The	75059
Department of Aging shall provide assistance to the PASSPORT	75060
Evaluation Panel, including support services and meeting space.	75061
The Panel shall convene not later than sixty days after the	75062
effective date of this section.	75063

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

75064

(1) Establish criteria to be used in selecting an independent	75065
contractor to evaluate the PASSPORT Program. The criteria shall	75066
specify that the independent contractor must not be affiliated	75067
with any state agency.	75068

(2) In accordance with the request for proposal process	75069
administered by the Department of Administrative Services, accept	75070
and evaluate bids from potential contractors;	75071

(3) Select to evaluate the PASSPORT Program an independent	75072
contractor that meets the criteria established by the Panel and	75073
the Department.	75074

(C) The independent contractor selected by the PASSPORT	75075
Evaluation Panel shall, in conducting the evaluation of the	75076
PASSPORT Program, do all of the following:	75077

(1) Examine the implementation by the existing PASSPORT	75078
system of the long-term care recommendations of the Ohio	75079
Commission to Reform Medicaid and coordinate the work of the	75080
PASSPORT evaluation with the Medicaid Transition Council and the	75081
Medicaid Care Management Work Group;	75082

(2) Evaluate the cost-effectiveness of services provided	75083
under the program;	75084

(3) Evaluate the population served and the appropriateness of	75085
the program for that population;	75086

(4) Evaluate program outcomes to determine the program's	75087
effectiveness in preventing nursing home admissions;	75088

(5) Evaluate the effectiveness of area agencies on aging in	75089
efficiently linking older Ohioans to the appropriate level of	75090
assistance based on the screening and assessment activities of the	75091
PASSPORT system;	75092

(6) Examine the cost effectiveness of increasing the care	75093
management responsibilities of area agencies on aging to include	75094
the management of the Medicaid state plan services;	75095

(7) Evaluate the effectiveness of client-to-case management	75096
ratios of area agencies on aging to assess whether clients receive	75097
quality outcomes in a cost-effective manner;	75098

(8) Evaluate and assess the effectiveness of the PASSPORT	75099
program's authority to provide interventions that increase	75100
enrollment and decrease disenrollment and increase flexibility to	75101
provide quality, timely service to clients with special service	75102
needs;	75103

(9) Evaluate the PASSPORT program's rate structure and	75104
contracting process to determine fair market rates and quality	75105
incentive indicators;	75106

(10) Evaluate the effectiveness of the PASSPORT program's	75107
current provider procurement process;	75108

(11) Determine elements of the program that may be vulnerable	75109
to fraud;	75110

(12) Any additional action requested by the PASSPORT	75111
Evaluation Panel.	75112

The independent contractor shall issue to the Panel quarterly	75113
reports and, by not later than May 15, 2007, a final report, of	75114
its findings. By not later than June 30, 2007, the PASSPORT	75115
Evaluation Panel shall approve a final report.	75116

Appropriation item 490-403, PASSPORT, and the amounts set	75117
aside for the PASSPORT Waiver Program in appropriation item	75118
490-610, PASSPORT/Residential State Supplement, may be used to	75119
assess clients regardless of Medicaid eligibility.	75120

The Director of Aging shall adopt rules under section 111.15	75121
of the Revised Code governing the nonwaiver funded PASSPORT	75122
program, including client eligibility.	75123

The Department of Aging shall administer the Medicaid	75124
waiver-funded PASSPORT Home Care Program as delegated by the	75125
Department of Job and Family Services in an interagency agreement.	75126
The foregoing appropriation item 490-403, PASSPORT, and the	75127
amounts set aside for the PASSPORT Waiver Program in appropriation	75128
item 490-610, PASSPORT/Residential State Supplement, shall be used	75129
to provide the required state match for federal Medicaid funds	75130
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	75131
Appropriation item 490-403, PASSPORT, and the amounts set aside	75132
for the PASSPORT Waiver Program in appropriation item 490-610,	75133
PASSPORT/Residential State Supplement, may also be used to support	75134
the Department of Aging's administrative costs associated with	75135
operating the PASSPORT program.	75136

The foregoing appropriation item 490-607, PASSPORT, shall be	75137
used to provide the federal matching share for all PASSPORT	75138
program costs determined by the Department of Job and Family	75139
Services to be eligible for Medicaid reimbursement.	75140

OHIO COMMUNITY SERVICE COUNCIL

75141

The foregoing appropriation items 490-409, Ohio Community	75142
Service Council Operations, and 490-617, Ohio Community Service	75143
Council Programs, shall be used in accordance with section 121.40	75144
of the Revised Code.	75145

TRANSFER OF RESIDENT PROTECTION FUNDS

75146

The Director of Budget and Management shall transfer, by	75147
intrastate transfer voucher, in fiscal year 2006, $615,000 from	75148
Fund 4E3, Resident Protection Fund, in the Department of Job and	75149
Family Services, to Fund 5BA in the Department of Aging, to be	75150
used for program management for the Office of the State Long-Term	75151
Care Ombudsman created by the Department of Aging under division	75152
(M) of section 173.01 of the Revised Code.	75153

The Director of Budget and Management shall transfer, by	75154
intrastate transfer voucher, in fiscal year 2006, $350,000 from	75155
Fund 4E3, Resident Protection Fund, in the Department of Job and	75156
Family Services to Fund 5CE in the Department of Aging to be used	75157
by the Alzheimer's Association to develop a pilot training program	75158
on person-centered dementia care for long term care staff who	75159
interact with people with dementia.	75160

SENIOR COMMUNITY SERVICES

75161

Appropriation item 490-411, Senior Community Services, shall	75162
be used for services designated by the Department of Aging,	75163
including, but not limited to, home-delivered and congregate	75164
meals, transportation services, personal care services, respite	75165
services, adult day services, home repair, care coordination, and	75166
decision support systems. Service priority shall be given to low	75167
income, frail, and cognitively impaired persons 60 years of age	75168
and over. The department shall promote cost sharing by service	75169
recipients for those services funded with block grant funds,	75170
including, when possible, sliding-fee scale payment systems based	75171
on the income of service recipients.	75172

ALZHEIMERS RESPITE

75173

The foregoing appropriation item 490-414, Alzheimers Respite,	75174
shall be used to fund only Alzheimer's disease services under	75175
section 173.04 of the Revised Code.	75176

JCFS ELDERLY TRANSPORTATION

75177

The foregoing appropriation item 490-416, JCFS Elderly	75178
Transportation, shall be used for noncapital expenses related to	75179
transportation services for the elderly that provide access to	75180
such things as healthcare services, congregate meals,	75181
socialization programs, and grocery shopping. The funds shall pass	75182
through and shall be administered by the Area Agencies on Aging.	75183

Agencies receiving funding from appropriation item 490-416,	75184
JCFS Elderly Transportation, shall coordinate services with other	75185
local service agencies. The appropriation shall be allocated to	75186
the following agencies:	75187

(A) $30,000 in both fiscal years to Cincinnati Jewish	75188
Vocational Services;	75189

(B) $20,000 in both fiscal years to Wexner Heritage Village;

75190

(C) $20,000 in both fiscal years to Yassenoff Jewish	75191
Community Center;	75192

(D) $30,000 in both fiscal years to Cleveland Jewish	75193
Community Center.	75194

RESIDENTIAL STATE SUPPLEMENT

75195

Under the Residential State Supplement Program, the amount	75196
used to determine whether a resident is eligible for payment and	75197
for determining the amount per month the eligible resident will	75198
receive shall be as follows:	75199

(A) $900 for a residential care facility, as defined in	75200
section 3721.01 of the Revised Code;	75201

(B) $900 for an adult group home, as defined in Chapter 3722.	75202
of the Revised Code;	75203

(C) $800 for an adult foster home, as defined in Chapter 173.	75204
of the Revised Code;	75205

(D) $800 for an adult family home, as defined in Chapter	75206
3722. of the Revised Code;	75207

(E) $800 for an adult community alternative home, as defined	75208
in Chapter 3724. of the Revised Code;	75209

(F) $800 for an adult residential facility, as defined in	75210
Chapter 5119. of the Revised Code;	75211

(G) $600 for adult community mental health housing services,	75212
as defined in division (B)(5) of section 173.35 of the Revised	75213
Code.	75214

The Departments of Aging and Job and Family Services shall	75215
reflect these amounts in any applicable rules the departments	75216
adopt under section 173.35 of the Revised Code.	75217

LONG-TERM CARE OMBUDSMAN

75218

The foregoing appropriation item 490-410, Long-Term Care	75219
Ombudsman, shall be used for a program to fund ombudsman program	75220
activities in nursing homes, adult care facilities, boarding	75221
homes, and home and community care services.	75222

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

75223

The Department of Aging may transfer cash by intrastate	75224
transfer vouchers from the foregoing appropriation items 490-412,	75225
Residential State Supplement, and 490-610, PASSPORT/Residential	75226
State Supplement, to the Department of Job and Family Services'	75227
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	75228
funds shall be used to make benefit payments to Residential State	75229
Supplement recipients.	75230

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	75231
INDEPENDENCE SERVICES, AND FEDERAL AGING GRANTS	75232

Upon written request of the Director of Aging, the Director	75233
of Budget and Management may transfer appropriation authority	75234
among appropriation items 490-611, Federal Aging Nutrition,	75235
490-612, Federal Independence Services, and 490-618, Federal Aging	75236
Grants, in amounts not to exceed 30 per cent of the appropriation	75237
from which the transfer is made. The Department of Aging shall	75238
report a transfer to the Controlling Board at the next regularly	75239
scheduled meeting of the board.	75240

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAM

75241

The foregoing appropriation item 490-609, Regional Long-Term	75242
Care Ombudsman Program, shall be used solely to pay the costs of	75243
operating the regional long-term care ombudsman programs.	75244

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

75245

Of the foregoing appropriation item 490-610,	75246
PASSPORT/Residential State Supplement, up to $2,835,000 each	75247
fiscal year may be used to fund the Residential State Supplement	75248
Program. The remaining available funds shall be used to fund the	75249
PASSPORT program.	75250

TRANSITION PLAN FOR RESIDENTIAL STATE SUPPLEMENT

75251

Subject to approval by the Social Security Administration, of	75252
the foregoing appropriation items 490-412, Residential State	75253
Supplement, and 490-610, PASSPORT/Residential State Supplement,	75254
Fund 4J4, in fiscal year 2007 the Department of Aging shall	75255
transfer to the Ohio Department of Mental Health sufficient funds	75256
to make benefit payments for all Residential State Supplement	75257
recipients who are less than 60 years of age diagnosed with mental	75258
illness, mental retardation, or a developmental disability and are	75259
enrolled in the program on June 30, 2006. Upon the request of the	75260
Directors of Aging and of Mental Health, the Director of Budget	75261
and Management may transfer appropriations from GRF appropriation	75262
item 490-412, Residential State Supplement, in the Department of	75263
Aging to GRF appropriation item 335-505, Local Mental Health	75264
Systems of Care, in the Department of Mental Health. In addition,	75265
upon the request of the Directors of Aging and Mental Health, the	75266
Director of Budget and Management may transfer cash from Fund 4J4,	75267
PASSPORT Fund, into the General Revenue Fund and increase the	75268
appropriation in Department of Mental Health GRF appropriation	75269
item 335-505, Local Mental Health Systems of Care, by an equal	75270
amount.	75271

The departments of Aging and Mental Health shall jointly	75272
petition the Social Security Administration to approve changes to	75273
the Residential State Supplement program. Changes proposed by the	75274
two departments shall ensure that Residential State Supplement	75275
program recipients on June 30, 2006, continue to receive benefit	75276
payments as long as they remain in the program. Changes proposed	75277
by the departments of Aging and Mental Health may include	75278
provisions that improve local accountability to county boards of	75279
mental health, maximize available funding, and improve the quality	75280
of residential settings approved for recipients. If the Social	75281
Security Administration does not approve these changes, the	75282
Department of Aging shall continue to be responsible for the	75283
Residential State Supplement Program.	75284

Section 203.21.09. AGING AND DISABILITY RESOURCE CENTERS

75285

The Department of Aging shall apply for the 2005 Aging and	75286
Disability Resource Center Grant Initiative of the Administration	75287
on Aging and the Centers for Medicare and Medicaid Services. If	75288
the application is accepted, the Department shall create an Aging	75289
and Disability Resource Center beginning in fiscal year 2006. The	75290
Department of Job and Family Services shall endorse the	75291
Department's application to the extent required by the invitation	75292
to apply.	75293

Section 203.24. AGR DEPARTMENT OF AGRICULTURE

75294

General Revenue Fund

75295

GRF	700-321	Operating Expenses	$	2,605,330	$	2,605,330	75296
GRF	700-401	Animal Disease Control	$	3,574,506	$	3,574,506	75297
GRF	700-403	Dairy Division	$	1,304,504	$	1,304,504	75298
GRF	700-404	Ohio Proud	$	185,395	$	185,395	75299
GRF	700-405	Animal Damage Control	$	60,000	$	60,000	75300
GRF	700-406	Consumer Analytical Lab	$	819,907	$	819,907	75301
GRF	700-407	Food Safety	$	939,099	$	939,099	75302
GRF	700-409	Farmland Preservation	$	241,573	$	241,573	75303
GRF	700-410	Plant Industry	$	391,216	$	50,000	75304
GRF	700-411	International Trade and Market Development	$	617,524	$	617,524	75305
GRF	700-413	Gypsy Moth Prevention	$	200,000	$	200,000	75306
GRF	700-415	Poultry Inspection	$	325,000	$	325,000	75307
GRF	700-418	Livestock Regulation Program	$	1,428,496	$	1,428,496	75308
GRF	700-424	Livestock Testing and Inspections	$	115,946	$	115,946	75309
GRF	700-499	Meat Inspection Program - State Share	$	4,696,889	$	4,696,889	75310
GRF	700-501	County Agricultural Societies	$	358,226	$	358,226	75311
TOTAL GRF General Revenue Fund			$	17,863,611	$	17,522,395	75312

Federal Special Revenue Fund Group

75313

3J4	700-607	Indirect Cost	$	1,500,027	$	1,500,027	75314
3R2	700-614	Federal Plant Industry	$	4,800,000	$	4,800,000	75315
326	700-618	Meat Inspection Program - Federal Share	$	5,201,291	$	5,201,291	75316
336	700-617	Ohio Farm Loan Revolving Fund	$	43,793	$	44,679	75317
382	700-601	Cooperative Contracts	$	4,300,000	$	4,300,000	75318
TOTAL FED Federal Special Revenue							75319
Fund Group			$	15,845,111	$	15,845,997	75320

State Special Revenue Fund Group

75321

4C9	700-605	Feed, Fertilizer, Seed, and Lime Inspection	$	1,922,857	$	1,891,395	75322
4D2	700-609	Auction Education	$	23,885	$	24,601	75323
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	75324
4P7	700-610	Food Safety Inspection	$	816,096	$	858,096	75325
4R0	700-636	Ohio Proud Marketing	$	38,300	$	38,300	75326
4R2	700-637	Dairy Industry Inspection	$	1,541,466	$	1,621,460	75327
4T6	700-611	Poultry and Meat Inspection	$	47,294	$	47,294	75328
4T7	700-613	International Trade and Market Development	$	52,000	$	54,000	75329
494	700-612	Agricultural Commodity Marketing Program	$	170,220	$	170,220	75330
496	700-626	Ohio Grape Industries	$	1,071,099	$	1,071,054	75331
497	700-627	Commodity Handlers Regulatory Program	$	515,820	$	529,978	75332
5BF	700-643	Weights and Measures	$	1,160,600	$	1,160,600	75333
5B8	700-629	Auctioneers	$	365,390	$	365,390	75334
5H2	700-608	Metrology Lab and Scale Certification	$	351,526	$	362,526	75335
5L8	700-604	Livestock Management Program	$	30,000	$	30,000	75336
578	700-620	Ride Inspection Fees	$	1,105,436	$	1,115,436	75337
652	700-634	Animal Health and Food Safety	$	1,876,624	$	1,831,232	75338
669	700-635	Pesticide Program	$	2,993,232	$	3,354,448	75339
TOTAL SSR State Special Revenue							75340
Fund Group			$	14,154,904	$	14,599,089	75341

Clean Ohio Fund Group

75342

057	700-632		Clean Ohio Agricultural Easement		$	149,000		$	149,000		75343
TOTAL CLR Clean Ohio Fund Group					$	149,000		$	149,000		75344

TOTAL ALL BUDGET FUND GROUPS

48,012,626

48,116,481

75345

OHIO - ISRAEL AGRICULTURAL INITIATIVE

75346

Of the foregoing General Revenue Fund appropriation item	75347
700-411, International Trade and Market Development, $100,000	75348
shall be used in fiscal year 2006 for the Ohio - Israel	75349
Agricultural Initiative.	75350

FAMILY FARM LOAN PROGRAM

75351

Notwithstanding Chapter 166. of the Revised Code, up to	75352
$1,000,000 in each fiscal year shall be transferred from moneys in	75353
the Facilities Establishment Fund (Fund 037) to the Family Farm	75354
Loan Fund (Fund 5H1) in the Department of Development. These	75355
moneys shall be used for loan guarantees. The transfer is subject	75356
to Controlling Board approval.	75357

Financial assistance from the Family Farm Loan Fund (Fund	75358
5H1) shall be repaid to Fund 5H1. This fund is established in	75359
accordance with sections 166.031, 901.80, 901.81, 901.82, and	75360
901.83 of the Revised Code.	75361

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	75362
all outstanding balances, all loan repayments, and any other	75363
outstanding obligations shall revert to the Facilities	75364
Establishment Fund (Fund 037).	75365

Section 203.24.03. FERTILIZER-RELATED LICENSURE AND	75366
REGISTRATION	75367

To facilitate implementation of the new schedule for	75368
fertilizer-related licensure, registration, and reporting	75369
established under sections 905.32, 905.33, 905.331, and 905.36 of	75370
the Revised Code, as amended by this act, all of the following	75371
apply:	75372

(A) With regard to licenses for which applications for the	75373
license period beginning July 1, 2005, have been submitted under	75374
sections 905.32 and 905.331 of the Revised Code as those sections	75375
existed prior to their amendment by this act, a license shall be	75376
issued for a period beginning on July 1, 2005, and ending on	75377
November 30, 2005, and shall expire on November 30, 2005.	75378

(B) With regard to registrations of a specialty fertilizer	75379
for which applications for the registration period beginning July	75380
1, 2005, have been submitted under section 905.33 of the Revised	75381
Code as that section existed prior to its amendment by this act, a	75382
registration shall be issued for the period beginning on July 1,	75383
2005, and ending on November 30, 2005, and shall expire on	75384
November 30, 2005.	75385

(C) A person who is required to submit a tonnage report	75386
within thirty days of June 30, 2005, under section 905.36 of the	75387
Revised Code as that section existed prior to its amendments by	75388
this act shall submit the report by that date. However, the person	75389
also shall submit a tonnage report by November 30, 2005, for the	75390
period beginning on July 1, 2005, and ending on October 31, 2005	75391
as required by section 905.36 of the Revised Code as amended by	75392
this act.	75393

COMMERCIAL FEED, FERTILIZER, SEED, AND LIME INSPECTION AND	75394
LABORATORY FUND	75395

The Commercial Feed, Fertilizer, Seed, and Lime Inspection	75396
and Laboratory Fund created in section 905.38 of the Revised Code,	75397
as amended by this act, is a continuation of the Commerical Feed,	75398
Fertilizer, and Lime Inspection and Laboratory Fund that was	75399
created in that section prior to its amendment by this act.	75400
Notwithstanding any other provision of law to the contrary, the	75401
Seed Fund (5Z4) created in section 907.16 of the Revised Code	75402
shall cease to exist, effective July 1, 2005. All assets,	75403
liabilities, revenues, and obligations associated with the Seed	75404
Fund (5Z4) are hereby transferred to the Commerical Feed,	75405
Fertilizer, Seed, and Lime Inspection and Laboratory Fund (Fund	75406
4C9) on July 1, 2005.	75407

Effective July 1, 2005, or as soon thereafter as possible,	75408
the Director of Agriculture shall certify to the Director of	75409
Budget and Management the cash balance in the Seed Fund (5Z4),	75410
which was merged in section 907.16 of the Revised Code, as amended	75411
by this act. The Director of Budget and Management shall transfer	75412
the certified amount to the Commercial Feed, Fertilizer, Seed, and	75413
Lime Inspection and Laboratory Fund (Fund 4C9), which is created	75414
in section 907.16 of the Revised Code, formerly named the Seed	75415
Fund. The Director shall cancel any existing encumbrances against	75416
appropriation item 700-642, Seed Program, and re-establish them	75417
against appropriation item 700-605, Feed, Fertilizer, Seed, and	75418
Lime Inspection. The amounts of the re-established encumbrances	75419
are hereby appropriated.	75420

METROLOGY LAB AND SCALE CERTIFICATION FUND

75421

The Metrology and Scale Certification Fund created in section	75422
1327.511 of the Revised Code, as amended by this act, is a	75423
continuation of the Scale Certification Fund that was created in	75424
that section prior to its amendment by this act. Notwithstanding	75425
any other provision of law to the contrary, the Scale	75426
Certification Fund (Fund 579) created in section 1327.511 of the	75427
Revised Code shall cease to exist, effective July 1, 2005. All	75428
assets, liabilities, revenues, and obligations associated with the	75429
Scale Certification Fund (Fund 579) are hereby transferred to the	75430
Metrology Lab and Scale Certification Fund (Fund 5H2) on July 1,	75431
2005.	75432

Effective July 1, 2005, or as soon thereafter as possible,	75433
the Director of Agriculture shall certify to the Director of	75434
Budget and Management the cash balance in the Scale Certification	75435
Fund (Fund 579), which was merged in section 1327.511 of the	75436
Revised Code, as amended by this act. The Director of Budget and	75437
Management shall transfer the certified amount to the Metrology	75438
Laboratory and Scale Certification Fund (Fund 5H2) which is	75439
created in section 1327.511 of the Revised Code, formerly named	75440
the Scale Certification Laboratory Fund. The Director shall cancel	75441
any existing encumbrances against appropriation item 700-630,	75442
Scale Certification, and re-establish them against appropriation	75443
item 700-608, Metrology Lab. The amounts of the re-established	75444
encumbrances are hereby appropriated.	75445

ANIMAL HEALTH AND FOOD SAFETY

75446

Notwithstanding any other provision of law to the contrary,	75447
the Animal Industry Laboratory Fees Fund (Fund 4V5) created in	75448
division (E)(1) of section 901.43 of the Revised Code shall cease	75449
to exist, effective July 1, 2005. All assets, liabilities,	75450
revenues, and obligations associated with the Animal Industry	75451
Laboratory Fund (Fund 4V5) are hereby transferred to the Animal	75452
Health and Food Safety Fund (Fund 652) on July 1, 2005.	75453

Effective July 1, 2005, or as soon thereafter as possible,	75454
the Director of Agriculture shall certify to the Director of	75455
Budget and Management the cash balance in the Animal Industry	75456
Laboratory Fund (Fund 4V5), which was merged in division (E)(1) of	75457
section 901.43 of the Revised Code, as amended by this act. The	75458
Director of Budget and Management shall transfer the certified	75459
amount to the Animal Health and Food Safety Fund (Fund 652) which	75460
is created in division (E)(2) of section 901.43 of the Revised	75461
Code, formerly named the Animal Industry Laboratory Fund. The	75462
Director of Budget and Management shall cancel any existing	75463
encumbrances against appropriation item 700-615, Animal Industry	75464
Lab Fees, and re-establish them against appropriation item	75465
700-634, Laboratory Services. The amounts of the re-established	75466
encumbrances are hereby appropriated.	75467

PESTICIDE REGISTRATION AND INSPECTION FEE

75468

The registration and inspection fee established in rules	75469
adopted under section 921.16 of Revised Code for the purposes of	75470
section 921.02 of the Revised Code, as that section existed prior	75471
to its amendment by this act, that are in effect on January 1,	75472
2005, shall remain in effect until the new fees established in	75473
section 921.02 of the Revised Code as amended by this act take	75474
effect on January 1, 2007.	75475

CLEAN OHIO AGRICULTURAL EASEMENT

75476

The foregoing appropriation item 700-632, Clean Ohio	75477
Agricultural Easement, shall be used by the Department of	75478
Agriculture in administering sections 901.21, 901.22, and 5301.67	75479
to 5301.70 of the Revised Code.	75480

TRANSFER BETWEEN FUNDS

75481

For fiscal years 2006 and 2007, if the cash credited to the	75482
Commercial Feed, Fertilizer, Seed, and Lime Inspection and	75483
Laboratory Fund (Fund 4C9) or the Pesticide Program Fund (Fund	75484
669) exceeds the amount necessary to administer the programs for	75485
which they were intended, the Director of Agriculture may certify	75486
the amount to the Director of Budget and Management. The Director	75487
of Budget and Management may transfer the cash to any other fund	75488
administered by the Director of Agriculture.	75489

Section 203.27. AIR AIR QUALITY DEVELOPMENT AUTHORITY

75490

General Revenue Fund

75491

GRF	898-402	Coal Development Office	$	568,814	$	573,814	75492
GRF	898-901	Coal R&D General Obligation Debt Service	$	7,071,100	$	8,980,800	75493
TOTAL GRF General Revenue Fund			$	7,639,914	$	9,554,614	75494

Agency Fund Group

75495

4Z9	898-602	Small Business Ombudsman	$	263,165	$	264,196	75496
5A0	898-603	Small Business Assistance	$	71,087	$	71,087	75497
570	898-601	Operating Expenses	$	256,875	$	263,693	75498
TOTAL AGY Agency Fund Group			$	591,127	$	598,976	75499

Coal Research/Development Fund

75500

046	898-604	Coal Research and Development Fund	$	10,000,000	$	10,000,000	75501
TOTAL 046 Coal Research/Development Fund			$	10,000,000	$	10,000,000	75502
TOTAL ALL BUDGET FUND GROUPS			$	18,231,041	$	20,153,590	75503

COAL DEVELOPMENT OFFICE

75504

The foregoing appropriation item GRF 898-402, Coal	75505
Development Office, shall be used for the administrative costs of	75506
the Coal Development Office.	75507

COAL RESEARCH AND DEVELOPMENT GENERAL OBLIGATION DEBT SERVICE

75508

The foregoing appropriation item GRF 898-901, Coal R & D	75509
General Obligation Debt Service, shall be used to pay all debt	75510
service and related financing costs at the times they are required	75511
to be made under sections 151.01 and 151.07 of the Revised Code	75512
during the period from July 1, 2005, to June 30, 2007. The Office	75513
of the Sinking Fund or the Director of Budget and Management shall	75514
effectuate the required payments by intrastate transfer voucher.	75515

SCIENCE AND TECHNOLOGY COLLABORATION

75516

The Air Quality Development Authority shall work in close	75517
collaboration with the Department of Development, the Board of	75518
Regents, and the Third Frontier Commission in relation to	75519
appropriation items and programs referred to as Alignment Programs	75520
in the following paragraph, and other technology-related	75521
appropriations and programs in the Department of Development, Air	75522
Quality Development Authority, and the Board of Regents as those	75523
agencies may designate, to ensure implementation of a coherent	75524
state strategy with respect to science and technology.	75525

To the extent permitted by law, the Air Quality Development	75526
Authority shall assure that coal research and development	75527
programs, proposals, and projects consider or incorporate	75528
appropriate collaborations with Third Frontier Project programs	75529
and grantees and with Alignment Programs and grantees.	75530

"Alignment Programs" means: appropriation items 195-401,	75531
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	75532
Third Frontier Action Fund; 898-604, Coal Research and Development	75533
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	75534
Institute of Technology; 235-510, Ohio Supercomputer Center;	75535
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	75536
235-535, Ohio Agricultural Research and Development Center;	75537
235-553, Dayton Area Graduate Studies Institute; 235-554,	75538
Priorities in Collaborative Graduate Education; 235-556, Ohio	75539
Academic Resources Network; and 195-435, Biomedical Research and	75540
Technology Transfer Trust.	75541

Consistent with the recommendations of the Governor's	75542
Commission on Higher Education and the Economy, Alignment Programs	75543
shall be managed and administered (1) to build on existing	75544
competitive research strengths, (2) to encourage new and emerging	75545
discoveries and commercialization of ideas and products that will	75546
benefit the Ohio economy, and (3) to assure improved collaboration	75547
among Alignment Programs, with programs administered by the Third	75548
Frontier Commission, and with other state programs that are	75549
intended to improve economic growth and job creation.	75550

As directed by the Third Frontier Commission, Alignment	75551
Program managers shall report to the Commission or to the Third	75552
Frontier Advisory Board on the contributions of their programs to	75553
achieving the objectives stated in the preceding paragraph.	75554

Each alignment program shall be reviewed annually by the	75555
Third Frontier Commission with respect to its development of	75556
complementary relationships within a combined state science and	75557
technology investment portfolio and its overall contribution to	75558
the state's science and technology strategy, including the	75559
adoption of appropriately consistent criteria for: (1) the	75560
scientific merit of activities supported by the program; (2) the	75561
relevance of the program's activities to commercial opportunities	75562
in the private sector; (3) the private sector's involvement in a	75563
process that continually evaluates commercial opportunities to use	75564
the work supported by the program; and (4) the ability of the	75565
program and recipients of grant funding from the program to engage	75566
in activities that are collaborative, complementary, and efficient	75567
with respect to the expenditure of state funds. Each alignment	75568
program shall provide annual reports to the Third Frontier	75569
Commission discussing existing, planned, or possible	75570
collaborations between programs and recipients of grant funding	75571
related to technology, development, commercialization, and	75572
supporting Ohio's economic development. The annual review by the	75573
Third Frontier Commission shall be a comprehensive review of the	75574
entire state science and technology program portfolio rather than	75575
a review of individual programs.	75576

Applicants for Third Frontier and Alignment Program funding	75577
shall identify their requirements for high-performance computing	75578
facilities and services, including both hardware and software, in	75579
all proposals. If an applicant's requirements exceed approximately	75580
$100,000 for a proposal, the Ohio Supercomputer Center shall	75581
convene a panel of experts. The panel shall review the proposal to	75582
determine whether the proposal's requirements can be met through	75583
Ohio Supercomputer Center facilities or through other means and	75584
report its conclusion to the Third Frontier Commission.	75585

To ensure that the state receives the maximum benefit from	75586
its investment in the Third Frontier Project and the Third	75587
Frontier Network, organizations receiving Third Frontier awards	75588
and Alignment Program awards shall, as appropriate, be expected to	75589
have a connection to the Third Frontier Network that enables them	75590
and their collaborators to achieve award objectives through the	75591
Third Frontier Network.	75592

Section 203.30. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	75593
SERVICES	75594

General Revenue Fund

75595

GRF	038-321	Operating Expenses	$	1,128,275	$	1,128,275	75596
GRF	038-401	Treatment Services	$	35,593,265	$	36,661,063	75597
GRF	038-404	Prevention Services	$	1,021,483	$	1,052,127	75598
TOTAL GRF General Revenue Fund			$	37,743,023	$	38,841,465	75599

General Services Fund

75600

5T9	038-616		Problem Gambling Services		$	285,000		$	285,000		75601
TOTAL GSF General Services Fund Group					$	285,000		$	285,000		75602

Federal Special Revenue Fund Group

75603

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	75604
3G4	038-614	Substance Abuse Block Grant	$	73,000,000	$	73,000,000	75605
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	75606
3J8	038-610	Medicaid	$	42,000,000	$	46,000,000	75607
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	75608
TOTAL FED Federal Special Revenue							75609
Fund Group			$	126,093,075	$	130,093,075	75610

State Special Revenue Fund Group

75611

475	038-621	Statewide Treatment and Prevention	$	17,500,000	$	18,000,000	75612
5BR	038-406	Tobacco Use Prevention and Control Program	$	265,000	$	205,000	75613
689	038-604	Education and Conferences	$	350,000	$	350,000	75614
TOTAL SSR State Special Revenue							75615
Fund Group			$	18,115,000	$	18,555,000	75616
TOTAL ALL BUDGET FUND GROUPS			$	182,236,098	$	187,774,540	75617

TREATMENT SERVICES

75618

Of the foregoing appropriation item 038-401, Treatment	75619
Services, not more than $8,190,000 shall be used by the Department	75620
of Alcohol and Drug Addiction Services for program grants for	75621
priority populations in each year of the biennium.	75622

SUBSTANCE ABUSE SERVICES FOR FAMILIES OF AT RISK CHILDREN

75623

Of the foregoing appropriation item 038-401, Treatment	75624
Services, $4 million in each fiscal year shall be used to provide	75625
substance abuse services to families involved in the child welfare	75626
system under the requirements of Am. Sub. H.B. 484 of the 122nd	75627
General Assembly.	75628

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

75629

Of the foregoing appropriation item 038-401, Treatment	75630
Services, $5 million each year shall be used to fund TANF-eligible	75631
expenditures for substance abuse prevention and treatment services	75632
to children, or their families, whose income is at or below 200	75633
per cent of the official income poverty guideline. The Director of	75634
Alcohol and Drug Addiction Services and the Director of Job and	75635
Family Services shall develop operating and reporting guidelines	75636
for these programs.	75637

THERAPEUTIC COMMUNITIES

75638

Of the foregoing appropriation item 038-401, Treatment	75639
Services, $750,000 shall be used in each fiscal year for expansion	75640
of the Therapeutic Communities Program in the Department of	75641
Rehabilitation and Correction.	75642

PARENT AWARENESS TASK FORCE

75643

The Parent Awareness Task Force shall study ways to engage	75644
more parents in activities, coalitions, and educational programs	75645
in Ohio relating to alcohol and other drug abuse prevention. Of	75646
the foregoing appropriation item 038-404, Prevention Services,	75647
$30,000 in each fiscal year may be used to support the functions	75648
of the Parent Awareness Task Force.	75649

Section 203.36. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

75650

General Services Fund Group

75651

4K9	891-609	Operating Expenses	$	489,197	$	489,197	75652
TOTAL GSF General Services Fund							75653
Group			$	489,197	$	489,197	75654
TOTAL ALL BUDGET FUND GROUPS			$	489,197	$	489,197	75655

Section 203.39. ART OHIO ARTS COUNCIL

75657

General Revenue Fund

75658

GRF	370-100	Personal Services	$	1,798,235	$	1,798,235	75659
GRF	370-200	Maintenance	$	459,746	$	459,746	75660
GRF	370-300	Equipment	$	4,700	$	4,700	75661
GRF	370-502	Program Subsidies	$	8,975,480	$	8,975,480	75662
TOTAL GRF General Revenue Fund			$	11,238,161	$	11,238,161	75663

General Services Fund Group

75664

4B7	370-603	Per Cent for Art Acquisitions	$	86,366	$	86,366	75665
460	370-602	Gifts and Donations	$	400,000	$	400,000	75666
TOTAL GSF General Services Fund Group			$	486,366	$	486,366	75667

Federal Special Revenue Fund Group

75668

314	370-601	Federal Programs	$	1,537,200	$	1,537,200	75669
TOTAL FED Federal Special Revenue Fund Group			$	1,537,200	$	1,537,200	75670
TOTAL ALL BUDGET FUND GROUPS			$	13,261,727	$	13,261,727	75671

PROGRAM SUBSIDIES

75672

A museum is not eligible to receive funds from appropriation	75673
item 370-502, Program Subsidies, if $8,000,000 or more in capital	75674
appropriations were appropriated by the state for the museum	75675
between January 1, 1986, and December 31, 2002.	75676

Section 203.45. ATH ATHLETIC COMMISSION

75677

General Services Fund Group

75678

4K9	175-609	Operating Expenses	$	248,150	$	75679
TOTAL GSF General Services Fund Group			$	248,150	$	75680
TOTAL ALL BUDGET FUND GROUPS			$	248,150	$	75681

Section 203.48. AGO ATTORNEY GENERAL

75683

General Revenue Fund

75684

GRF	055-321	Operating Expenses	$	42,118,150	$	52,610,156	75685
GRF	055-411	County Sheriffs' Pay Supplement	$	760,495	$	779,509	75686
GRF	055-415	County Prosecutors' Pay Supplement	$	740,704	$	759,222	75687
TOTAL GRF General Revenue Fund			$	43,619,349	$	54,148,887	75688

General Services Fund Group

75689

106	055-612	General Reimbursement	$	21,370,196	$	21,370,196	75690
107	055-624	Employment Services	$	850,000	$	850,000	75691
195	055-660	Workers' Compensation Section	$	7,769,628	$	7,769,628	75692
4Y7	055-608	Title Defect Rescission	$	250,000	$	250,000	75693
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	1,332,109	$	1,332,109	75694
418	055-615	Charitable Foundations	$	4,899,066	$	4,899,066	75695
420	055-603	Attorney General Antitrust	$	446,449	$	446,449	75696
421	055-617	Police Officers' Training Academy Fee	$	1,693,213	$	1,693,213	75697
5A9	055-618	Telemarketing Fraud Enforcement	$	7,500	$	7,500	75698
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	75699
629	055-636	Corrupt Activity Investigation and Prosecution	$	15,000	$	15,000	75700
631	055-637	Consumer Protection Enforcement	$	1,373,832	$	1,373,832	75701
TOTAL GSF General Services Fund							75702
Group			$	40,105,363	$	40,105,363	75703

Federal Special Revenue Fund Group

75704

3E5	055-638	Attorney General Pass-Through Funds	$	1,981,102	$	1,981,102	75705
3R6	055-613	Attorney General Federal Funds	$	3,842,097	$	3,842,097	75706
306	055-620	Medicaid Fraud Control	$	2,799,000	$	2,799,000	75707
381	055-611	Civil Rights Legal Service	$	390,815	$	390,815	75708
383	055-634	Crime Victims Assistance	$	18,439,313	$	18,439,313	75709
TOTAL FED Federal Special Revenue							75710
Fund Group			$	27,452,327	$	27,452,327	75711

State Special Revenue Fund Group

75712

4L6	055-606	DARE	$	3,927,962	$	3,927,962	75713
402	055-616	Victims of Crime	$	30,000,000	$	30,000,000	75714
419	055-623	Claims Section	$	23,671,954	$	15,149,954	75715
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	75716
TOTAL SSR State Special Revenue							75717
Fund Group			$	58,221,075	$	49,699,075	75718

Holding Account Redistribution Fund Group

75719

R04	055-631	General Holding Account	$	275,000	$	275,000	75720
R05	055-632	Antitrust Settlements	$	1,000	$	1,000	75721
R18	055-630	Consumer Frauds	$	300,000	$	300,000	75722
R42	055-601	Organized Crime Commission Account	$	25,025	$	25,025	75723
TOTAL 090 Holding Account							75724
Redistribution Fund Group			$	601,025	$	601,025	75725
TOTAL ALL BUDGET FUND GROUPS			$	169,999,139	$	172,006,677	75726

COUNTY SHERIFFS' PAY SUPPLEMENT

75727

The foregoing appropriation item 055-411, County Sheriffs'	75728
Pay Supplement, shall be used for the purpose of supplementing the	75729
annual compensation of county sheriffs as required by section	75730
325.06 of the Revised Code.	75731

COUNTY PROSECUTORS' PAY SUPPLEMENT

75732

The foregoing appropriation item 055-415, County Prosecutors'	75733
Pay Supplement, shall be used for the purpose of supplementing the	75734
annual compensation of certain county prosecutors as required by	75735
section 325.111 of the Revised Code.	75736

WORKERS' COMPENSATION SECTION

75737

The Workers' Compensation Section Fund (Fund 195) is entitled	75738
to receive payments from the Bureau of Workers' Compensation and	75739
the Ohio Industrial Commission at the beginning of each quarter of	75740
each fiscal year to fund legal services to be provided to the	75741
Bureau of Workers' Compensation and the Ohio Industrial Commission	75742
during the ensuing quarter. The advance payment shall be subject	75743
to adjustment.	75744

In addition, the Bureau of Workers' Compensation shall	75745
transfer payments at the beginning of each quarter for the support	75746
of the Workers' Compensation Fraud Unit.	75747

All amounts shall be mutually agreed upon by the Attorney	75748
General, the Bureau of Workers' Compensation, and the Ohio	75749
Industrial Commission.	75750

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

75751

The foregoing appropriation item 055-636, Corrupt Activity	75752
Investigation and Prosecution, shall be used as provided by	75753
division (D)(2) of section 2923.35 of the Revised Code to dispose	75754
of the proceeds, fines, and penalties credited to the Corrupt	75755
Activity Investigation and Prosecution Fund, which is created in	75756
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	75757
is determined that additional amounts are necessary for this	75758
purpose, the amounts are hereby appropriated.	75759

ATTORNEY GENERAL PASS-THROUGH FUNDS

75760

The foregoing appropriation item 055-638, Attorney General	75761
Pass-Through Funds, shall be used to receive federal grant funds	75762
provided to the Attorney General by other state agencies,	75763
including, but not limited to, the Department of Youth Services	75764
and the Department of Public Safety.	75765

ANTITRUST SETTLEMENTS

75766

The foregoing appropriation item 055-632, Antitrust	75767
Settlements, shall be used to distribute court-ordered antitrust	75768
settlements in which the Office of Attorney General represents the	75769
state or a political subdivision under section 109.81 of the	75770
Revised Code. If it is determined that additional amounts are	75771
necessary for this purpose, the amounts are hereby appropriated.	75772

CONSUMER FRAUDS

75773

The foregoing appropriation item 055-630, Consumer Frauds,	75774
shall be used for distribution of moneys from court-ordered	75775
judgments against sellers in actions brought by the Office of	75776
Attorney General under sections 1334.08 and 4549.48 and division	75777
(B) of section 1345.07 of the Revised Code. These moneys shall be	75778
used to provide restitution to consumers victimized by the fraud	75779
that generated the court-ordered judgments. If it is determined	75780
that additional amounts are necessary for this purpose, the	75781
amounts are hereby appropriated.	75782

ORGANIZED CRIME COMMISSION ACCOUNT

75783

The foregoing appropriation item 055-601, Organized Crime	75784
Commission Account, shall be used by the Organized Crime	75785
Investigations Commission, as provided by section 177.011 of the	75786
Revised Code, to reimburse political subdivisions for the expenses	75787
the political subdivisions incur when their law enforcement	75788
officers participate in an organized crime task force. If it is	75789
determined that additional amounts are necessary for this purpose,	75790
the amounts are hereby appropriated.	75791

Section 203.51. AUD AUDITOR OF STATE

75792

General Revenue Fund

75793

GRF	070-321	Operating Expenses	$	29,014,425	$	28,964,425	75794
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	500,000	$	500,000	75795
GRF	070-405	Electronic Data Processing - Auditing and Administration	$	823,193	$	823,193	75796
GRF	070-406	Uniform Accounting Network/Technology Improvements Fund	$	1,588,538	$	1,588,538	75797
TOTAL GRF General Revenue Fund			$	31,926,156	$	31,876,156	75798

Auditor of State Fund Group

75799

R06	070-604	Continuous Receipts	$	35,000	$	35,000	75800
109	070-601	Public Audit Expense - Intra-State	$	9,300,000	$	9,300,000	75801
422	070-601	Public Audit Expense - Local Government	$	31,104,840	$	31,104,840	75802
584	070-603	Training Program	$	131,250	$	131,250	75803
675	070-605	Uniform Accounting Network	$	3,317,336	$	3,317,336	75804
TOTAL AUS Auditor of State Fund							75805
Group			$	43,888,426	$	43,888,426	75806
TOTAL ALL BUDGET FUND GROUPS			$	75,814,582	$	75,764,582	75807

BILLING PRACTICES PILOT REVIEW

75808

Of the foregoing appropriation item 070-321, Operating	75809
Expenses, $50,000 shall be used by the Auditor of State to conduct	75810
a pilot review of the billing practices of facilities licensed by	75811
the Department of Mental Health and the Department of Job and	75812
Family Services that serve children in a residential setting for	75813
whom mental health treatment services are provided. In conducting	75814
this review, the Auditor of State shall have access to any	75815
information, records, or other data that would otherwise be	75816
available to any federal, state, or local public agency that	75817
provides funding to the facility.	75818

The Auditor of State shall prepare a report on the	75819
conclusions of the pilot review, and shall furnish copies of the	75820
report to the Governor, the Speaker of the House of	75821
Representatives, and the President of the Senate, as well as to	75822
the majority and minority leaders of the House of Representatives	75823
and the Senate, by June 30, 2006.	75824

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

75825

The foregoing appropriation item 070-403, Fiscal	75826
Watch/Emergency Technical Assistance, shall be used for all	75827
expenses incurred by the Office of the Auditor of State in its	75828
role relating to fiscal watch or fiscal emergency activities under	75829
Chapters 118. and 3316. of the Revised Code. Expenses include, but	75830
are not limited to, the following: duties related to the	75831
determination or termination of fiscal watch or fiscal emergency	75832
of municipal corporations, counties, or townships as outlined in	75833
Chapter 118. of the Revised Code and of school districts as	75834
outlined in Chapter 3316. of the Revised Code; development of	75835
preliminary accounting reports; performance of annual forecasts;	75836
provision of performance audits; and supervisory, accounting, or	75837
auditing services for the mentioned public entities and school	75838
districts. The unencumbered balance of appropriation item 070-403,	75839
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	75840
year 2006 is transferred to fiscal year 2007 for use under the	75841
same appropriation item.	75842

ELECTRONIC DATA PROCESSING

75843

The unencumbered balance of appropriation item 070-405,	75844
Electronic Data Processing - Auditing and Administration, at the	75845
end of fiscal year 2006 is transferred to fiscal year 2007 for use	75846
under the same appropriation item.	75847

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

75848

The foregoing appropriation item 070-406, Uniform Accounting	75849
Network/Technology Improvements Fund, shall be used to pay the	75850
costs of developing and implementing the Uniform Accounting	75851
Network and technology improvements for the Office of the Auditor	75852
of State. The unencumbered balance of the appropriation at the end	75853
of fiscal year 2006 is transferred to fiscal year 2007 to pay the	75854
costs of developing and implementing the Uniform Accounting	75855
Network and technology improvements for the Office of the Auditor	75856
of State.	75857

Section 203.54. BRB BOARD OF BARBER EXAMINERS

75858

General Services Fund Group

75859

4K9	877-609	Operating Expenses	$	568,126	$	0	75860
TOTAL GSF General Services Fund							75861
Group			$	568,126	$	0	75862
TOTAL ALL BUDGET FUND GROUPS			$	568,126	$	0	75863

Section 203.57. OBM OFFICE OF BUDGET AND MANAGEMENT

75865

General Revenue Fund

75866

GRF	042-321	Budget Development and Implementation	$	2,143,886	$	2,143,886	75867
GRF	042-410	National Association Dues	$	27,089	$	28,173	75868
GRF	042-412	Audit of Auditor of State	$	55,900	$	58,700	75869
GRF	042-435	Gubernatorial Transition	$	0	$	250,000	75870
TOTAL GRF General Revenue Fund			$	2,226,875	$	2,480,759	75871

General Services Fund Group

75872

105	042-603		Accounting and Budgeting		$	9,781,085		$	9,976,689		75873
TOTAL GSF General Services Fund Group					$	9,781,085		$	9,976,689		75874

State Special Revenue Fund Group

75875

5N4	042-602	OAKS Project Implementation	$	2,262,441	$	2,272,595	75876
TOTAL SSR State Special Revenue Fund Group			$	2,262,441	$	2,272,595	75877
TOTAL ALL BUDGET FUND GROUPS			$	14,270,401	$	14,730,043	75878

AUDIT COSTS

75879

Of the foregoing appropriation item 042-603, Accounting and	75880
Budgeting, not more than $420,000 in fiscal year 2006 and $425,000	75881
in fiscal year 2007 shall be used to pay for centralized audit	75882
costs associated with either Single Audit Schedules or financial	75883
statements prepared in conformance with generally accepted	75884
accounting principles for the state.	75885

OAKS PROJECT IMPLEMENTATION

75886

Notwithstanding section 126.25 of the Revised Code, in fiscal	75887
years 2006 and 2007, rebates or revenue shares received from any	75888
state payment card program established under division (B) of	75889
section 126.21 of the Revised Code may be deposited into the OAKS	75890
Project Implementation Fund (Fund 5N4).	75891

Section 203.60. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

75892

General Revenue Fund

75893

GRF	874-100	Personal Services	$	1,900,000	$	1,900,000	75894
GRF	874-320	Maintenance and Equipment	$	992,269	$	952,269	75895
TOTAL GRF General Revenue Fund			$	2,892,269	$	2,852,269	75896

General Services Fund Group

75897

4G5	874-603	Capitol Square Maintenance Expenses	$	15,000	$	15,000	75898
4S7	874-602	Statehouse Gift Shop/Events	$	770,484	$	770,484	75899
TOTAL GSF General Services							75900
Fund Group			$	785,484	$	785,484	75901

Underground Parking Garage

75902

208	874-601	Underground Parking Garage Operating	$	2,959,721	$	2,959,721	75903
TOTAL UPG Underground Parking							75904
Garage			$	2,959,721	$	2,959,721	75905
TOTAL ALL BUDGET FUND GROUPS			$	6,637,474	$	6,597,474	75906

EXPANSION OF COMMITTEE HEARING ROOMS

75907

Of the foregoing appropriation item 874-320, Maintenance and	75908
Equipment, $40,000 in fiscal year 2006 shall be used to expand the	75909
House of Representatives committee hearing rooms, numbers 119 and	75910
121.	75911

Section 203.63. SCR STATE BOARD OF CAREER COLLEGES AND	75912
SCHOOLS	75913

General Services Fund Group

75914

4K9	233-601	Operating Expenses	$	486,700	$	508,600	75915
TOTAL GSF General Services Fund Group			$	486,700	$	508,600	75916
TOTAL ALL BUDGET FUND GROUPS			$	486,700	$	508,600	75917

Section 203.66. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

75919

General Services Fund Group

75920

4K9	930-609	Operating Expenses	$	452,976	$	75921
TOTAL GSF General Services Fund Group			$	452,976	$	75922
TOTAL ALL BUDGET FUND GROUPS			$	452,976	$	75923

Section 203.69. CHR STATE CHIROPRACTIC BOARD

75925

General Services Fund Group

75926

4K9	878-609	Operating Expenses	$	605,278	$	0	75927
TOTAL GSF General Services Fund							75928
Group			$	605,278	$	0	75929
TOTAL ALL BUDGET FUND GROUPS			$	605,278	$	0	75930

Section 203.72. CIV OHIO CIVIL RIGHTS COMMISSION

75932

General Revenue Fund

75933

GRF	876-321		Operating Expenses		$	7,253,075		$	7,470,667		75934
TOTAL GRF General Revenue Fund					$	7,253,075		$	7,470,667		75935

Federal Special Revenue Fund Group

75936

334	876-601	Investigations	$	3,760,000	$	3,560,000	75937
TOTAL FED Federal Special Revenue							75938
Fund Group			$	3,760,000	$	3,560,000	75939

State Special Revenue Fund Group

75940

217	876-604	Operations Support	$	50,951	$	50,951	75941
TOTAL SSR State Special							75942
Revenue Fund Group			$	50,951	$	50,951	75943
TOTAL ALL BUDGET FUND GROUPS			$	11,064,026	$	11,081,618	75944

Section 203.75. COM DEPARTMENT OF COMMERCE

75946

General Revenue Fund

75947

GRF	800-410		Labor and Worker Safety		$	2,086,477		$	2,032,397		75948
Total GRF General Revenue Fund					$	2,086,477		$	2,032,397		75949

General Services Fund Group

75950

163	800-620	Division of Administration	$	4,262,314	$	4,368,037	75951
163	800-637	Information Technology	$	2,733,853	$	2,785,045	75952
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	75953
543	800-602	Unclaimed Funds-Operating	$	7,351,051	$	7,351,051	75954
543	800-625	Unclaimed Funds-Claims	$	52,000,000	$	55,000,000	75955
TOTAL GSF General Services Fund							75956
Group			$	66,597,218	$	69,754,133	75957

Federal Special Revenue Fund Group

75958

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	75959
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	75960
TOTAL FED Federal Special Revenue							75961
Fund Group			$	2,045,008	$	2,045,008	75962

State Special Revenue Fund Group

75963

4B2	800-631	Real Estate Appraisal Recovery	$	35,000	$	35,000	75964
4H9	800-608	Cemeteries	$	273,465	$	273,465	75965
4X2	800-619	Financial Institutions	$	2,400,843	$	2,400,843	75966
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	75967
544	800-612	Banks	$	6,757,197	$	6,759,197	75968
545	800-613	Savings Institutions	$	2,678,248	$	2,669,774	75969
546	800-610	Fire Marshal	$	12,187,994	$	12,292,994	75970
546	800-639	Fire Department Grants	$	1,647,140	$	1,647,140	75971
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	75972
548	800-611	Real Estate Recovery	$	50,000	$	50,000	75973
549	800-614	Real Estate	$	3,605,892	$	3,605,892	75974
550	800-617	Securities	$	4,300,000	$	4,400,000	75975
552	800-604	Credit Union	$	2,936,852	$	2,941,852	75976
553	800-607	Consumer Finance	$	4,300,445	$	4,300,445	75977
556	800-615	Industrial Compliance	$	25,037,257	$	25,037,257	75978
6A4	800-630	Real Estate Appraiser-Operating	$	664,006	$	664,006	75979
653	800-629	UST Registration/Permit Fee	$	1,249,632	$	1,249,632	75980
TOTAL SSR State Special Revenue							75981
Fund Group			$	68,423,971	$	68,627,497	75982

Liquor Control Fund Group

75983

043	800-601	Merchandising	$	382,595,409	$	397,839,347	75984
043	800-627	Liquor Control Operating	$	16,873,183	$	15,981,346	75985
043	800-633	Development Assistance Debt Service	$	32,158,300	$	39,230,000	75986
043	800-636	Revitalization Debt Service	$	9,740,500	$	13,485,800	75987
TOTAL LCF Liquor Control							75988
Fund Group			$	441,367,392	$	466,536,493	75989
TOTAL ALL BUDGET FUND GROUPS			$	580,520,066	$	608,995,528	75990

SMALL GOVERNMENT FIRE DEPARTMENTS

75991

Notwithstanding section 3737.17 of the Revised Code, the	75992
foregoing appropriation item 800-635, Small Government Fire	75993
Departments, may be used to provide loans to private fire	75994
departments.	75995

PENALTY ENFORCEMENT

75996

The foregoing appropriation item 800-621, Penalty	75997
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	75998
of the Revised Code.	75999

UNCLAIMED FUNDS PAYMENTS

76000

The foregoing appropriation item 800-625, Unclaimed	76001
Funds-Claims, shall be used to pay claims under section 169.08 of	76002
the Revised Code. If it is determined that additional amounts are	76003
necessary, the amounts are hereby appropriated.	76004

UNCLAIMED FUNDS TRANSFERS

76005

Notwithstanding division (A) of section 169.05 of the Revised	76006
Code, prior to June 30, 2006, and upon the request of the Director	76007
of Budget and Management, the Director of Commerce shall transfer	76008
to the General Revenue Fund up to $50,000,000 of unclaimed funds	76009
that have been reported by holders of unclaimed funds under	76010
section 169.05 of the Revised Code, irrespective of the allocation	76011
of the unclaimed funds under that section.	76012

Notwithstanding division (A) of section 169.05 of the Revised	76013
Code, prior to June 30, 2007, and upon the request of the Director	76014
of Budget and Management, the Director of Commerce shall transfer	76015
to the General Revenue Fund up to $50,000,000 of unclaimed funds	76016
that have been reported by holders of unclaimed funds under	76017
section 169.05 of the Revised Code, irrespective of the allocation	76018
of the unclaimed funds under that section.	76019

CASH TRANSFER TO STATE FIRE MARSHAL FUND (FUND 546)

76020

Effective July 1, 2005, or as soon thereafter as possible,	76021
the Director of Budget and Management shall transfer the cash	76022
balance in the Fire Marshal's Fireworks Training and Education	76023
Fund (Fund 4L5), which is abolished in division (B) of section	76024
3743.57 of the Revised Code as amended by this act, to the State	76025
Fire Marshal's Fund (Fund 546), which is created in section	76026
3737.71 of the Revised Code. The director shall cancel any	76027
existing encumbrances against appropriation item 800-609,	76028
Fireworks Training and Education, in Fund 4L5, and re-establish	76029
them against appropriation item 800-610, Fire Marshal, in Fund	76030
546. The amounts of the re-established encumbrances are hereby	76031
appropriated.	76032

CASH TRANSFER TO BUDGET STABILIZATION FUND

76033

Notwithstanding any other law to the contrary, the Director	76034
of Budget and Management shall transfer up to $1,700,000 in cash	76035
in fiscal year 2006 and up to $1,600,000 in cash in fiscal year	76036
2007 from the State Fire Marshal Fund (Fund 546) to the Budget	76037
Stabilization Fund.	76038

FIRE DEPARTMENT GRANTS

76039

Of the foregoing appropriation item 800-639, Fire Department	76040
Grants, up to $760,000 in each fiscal year shall be used to make	76041
annual grants to volunteer fire departments of up to $10,000, or	76042
up to $25,000 if the volunteer fire department provides service	76043
for an area affected by a natural disaster. The grant program	76044
shall be administered by the Fire Marshal under the Department of	76045
Commerce. The Fire Marshal shall adopt rules as are necessary for	76046
the administration and operation of the grant program.	76047

Of the foregoing appropriation item 800-639, Fire Department	76048
Grants, up to $687,140 in each fiscal year shall be used as full	76049
or partial reimbursement to local units of government and fire	76050
departments for the cost of firefighter training and equipment or	76051
gear. Under rules that the department shall adopt, a local unit of	76052
government or fire department may apply to the department for a	76053
grant to cover all documented costs that are incurred to provide	76054
firefighter training and equipment or gear. The department shall	76055
make grants within the limits of the funding provided, with	76056
priority given to fire departments that serve small villages and	76057
townships.	76058

Of the foregoing appropriation item 800-639, Fire Department	76059
Grants, up to $200,000 in each fiscal year shall be used to make	76060
grants to fire departments to assist in the conversion of existing	76061
data systems to the NFIRS 5 electronic fire reporting system.	76062
Under rules that the department shall adopt, awards shall have a	76063
maximum of $50,000 per fire department and shall be based on a	76064
point system that includes factors such as consideration of the	76065
fire department's information technology and operating budgets,	76066
population and area served, number of incidents, data conversion	76067
and implementation methods, and readiness.	76068

CASH TRANSFER TO REAL ESTATE OPERATING FUND

76069

At the request of the Director of Commerce, the Director of	76070
Budget and Management may transfer up to $100,000 in cash from the	76071
Real Estate Recovery Fund (Fund 548) and up to $350,000 in cash	76072
from the Real Estate Appraiser Recovery Fund (Fund 4B2) to the	76073
Real Estate Operating Fund (Fund 549) during the 2005-2007	76074
biennium.	76075

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

76076

The foregoing appropriation item 800-601, Merchandising,	76077
shall be used under section 4301.12 of the Revised Code. If it is	76078
determined that additional amounts are necessary, the amounts are	76079
hereby appropriated.	76080

DEVELOPMENT ASSISTANCE DEBT SERVICE

76081

The foregoing appropriation item 800-633, Development	76082
Assistance Debt Service, shall be used to meet all payments at the	76083
times they are required to be made during the period from July 1,	76084
2005, to June 30, 2007, for bond service charges on obligations	76085
issued under Chapter 166. of the Revised Code. If it is determined	76086
that additional appropriations are necessary for this purpose,	76087
such amounts are hereby appropriated, subject to the limitations	76088
set forth in section 166.11 of the Revised Code. The General	76089
Assembly acknowledges that an appropriation for this purpose is	76090
not required, but is made in this form and in this act for record	76091
purposes only.	76092

REVITALIZATION DEBT SERVICE

76093

The foregoing appropriation item 800-636, Revitalization Debt	76094
Service, shall be used to pay debt service and related financing	76095
costs under sections 151.01 and 151.40 of the Revised Code during	76096
the period from July 1, 2005, to June 30, 2007. If it is	76097
determined that additional appropriations are necessary for this	76098
purpose, such amounts are hereby appropriated. The General	76099
Assembly acknowledges the priority of the pledge of a portion of	76100
receipts from that source to obligations issued and to be issued	76101
under Chapter 166. of the Revised Code.	76102

ADMINISTRATIVE ASSESSMENTS

76103

Notwithstanding any other provision of law to the contrary,	76104
Fund 163, Division of Administration, is entitled to receive	76105
assessments from all operating funds of the department in	76106
accordance with procedures prescribed by the Director of Commerce	76107
and approved by the Director of Budget and Management.	76108

Section 203.78. OCC OFFICE OF CONSUMERS' COUNSEL

76109

General Services Fund Group

76110

5F5	053-601	Operating Expenses	$	7,770,000	$	7,770,000	76111
TOTAL GSF General Services Fund Group			$	7,770,000	$	7,770,000	76112
TOTAL ALL BUDGET FUND GROUPS			$	7,770,000	$	7,770,000	76113

Section 203.81. CEB CONTROLLING BOARD

76115

General Revenue Fund

76116

GRF	911-401	Emergency Purposes/Contingencies	$	12,150,000	$	7,000,000	76117
GRF	911-404	Mandate Assistance	$	650,000	$	650,000	76118
GRF	911-441	Ballot Advertising Costs	$	300,000	$	300,000	76119
TOTAL GRF General Revenue Fund			$	13,100,000	$	7,950,000	76120
TOTAL ALL BUDGET FUND GROUPS			$	13,100,000	$	7,950,000	76121

FEDERAL SHARE

76122

In transferring appropriations to or from appropriation items	76123
that have federal shares identified in this act, the Controlling	76124
Board shall add or subtract corresponding amounts of federal	76125
matching funds at the percentages indicated by the state and	76126
federal division of the appropriations in this act. Such changes	76127
are hereby appropriated.	76128

DISASTER ASSISTANCE

76129

Pursuant to requests submitted by the Department of Public	76130
Safety, the Controlling Board may approve transfers from	76131
appropriation item 911-401, Emergency Purposes/Contingencies, to	76132
Department of Public Safety appropriation items to provide funding	76133
for assistance to political subdivisions and individuals made	76134
necessary by natural disasters or emergencies. Such transfers may	76135
be requested and approved prior to or following the occurrence of	76136
any specific natural disasters or emergencies in order to	76137
facilitate the provision of timely assistance.	76138

DISASTER SERVICES

76139

Pursuant to requests submitted by the Department of Public	76140
Safety, the Controlling Board may approve transfers from the	76141
Disaster Services Fund (5E2) to a Department of Public Safety	76142
General Revenue Fund appropriation item to provide for assistance	76143
to political subdivisions made necessary by natural disasters or	76144
emergencies. These transfers may be requested and approved prior	76145
to the occurrence of any specific natural disasters or emergencies	76146
in order to facilitate the provision of timely assistance. The	76147
Emergency Management Agency of the Department of Public Safety	76148
shall use the funding for disaster aid requests that meet the	76149
Emergency Management Agency's criteria for assistance.	76150

The Disaster Services Fund (5E2) shall be used by the	76151
Controlling Board, pursuant to requests submitted by state	76152
agencies, to transfer cash and appropriation authority to any fund	76153
and appropriation item for the payment of state agency program	76154
expenses as follows:	76155

(A) The Southern Ohio flooding, referred to as	76156
FEMA-DR-1164-OH;	76157

(B) The flood and storm disaster referred to as	76158
FEMA-DR-1227-OH;	76159

(C) The Southern Ohio flooding, referred to as	76160
FEMA-DR-1321-OH;	76161

(D) The flooding referred to as FEMA-DR-1339-OH;

76162

(E) The tornado and storms referred to as FEMA-DR-1343-OH;

76163

(F) Other disasters declared by the Governor, if the Director	76164
of Budget and Management determines that sufficient funds exist	76165
beyond the expected program costs of these other disasters.	76166

The unencumbered balance of the Disaster Services Fund (5E2)	76167
at the end of fiscal year 2006 is transferred to fiscal year 2007	76168
for use for the same purposes as in fiscal year 2006.	76169

SOUTHERN OHIO CORRECTIONAL FACILITY COST

76170

The Division of Criminal Justice Services in the Department	76171
of Public Safety and the Public Defender Commission may each	76172
request, upon approval of the Director of Budget and Management,	76173
additional funds from appropriation item 911-401, Emergency	76174
Purposes/Contingencies, for costs related to the disturbance that	76175
occurred on April 11, 1993, at the Southern Ohio Correctional	76176
Facility in Lucasville, Ohio.	76177

MANDATE ASSISTANCE

76178

(A) The foregoing appropriation item 911-404, Mandate	76179
Assistance, shall be used to provide financial assistance to local	76180
units of government and school districts for the cost of the	76181
following two unfunded state mandates:	76182

(1) The cost to county prosecutors for prosecuting certain	76183
felonies that occur on the grounds of state institutions operated	76184
by the Department of Rehabilitation and Correction and the	76185
Department of Youth Services;	76186

(2) The cost to school districts of in-service training for	76187
child abuse detection.	76188

(B) The Division of Criminal Justice Services in the	76189
Department of Public Safety and the Department of Education may	76190
prepare and submit to the Controlling Board one or more requests	76191
to transfer appropriations from appropriation item 911-404,	76192
Mandate Assistance. The state agencies charged with this	76193
administrative responsibility are listed below, as well as the	76194
estimated annual amounts that may be used for each program of	76195
state financial assistance.	76196

		ADMINISTERING		ESTIMATED ANNUAL		76197
PROGRAM		AGENCY		AMOUNT		76198

Prosecution Costs	Division of Criminal	$150,000	76199
	Justice Services		76200
Child Abuse Detection Training Costs	Department of Education	$500,000	76201

(C) Subject to the total amount appropriated in each fiscal	76202
year for appropriation item 911-404, Mandate Assistance, the	76203
Division of Criminal Justice Services in the Department of Public	76204
Safety and the Department of Education may request from the	76205
Controlling Board that amounts smaller or larger than these	76206
estimated annual amounts be transferred to each program.	76207

(D) In addition to making the initial transfers requested by	76208
the Division of Criminal Justice Services in the Department of	76209
Public Safety and the Department of Education, the Controlling	76210
Board may transfer appropriations received by a state agency under	76211
this section back to appropriation item 911-404, Mandate	76212
Assistance, or to the other program of state financial assistance	76213
identified under this section.	76214

(E) It is expected that not all costs incurred by local units	76215
of government and school districts under each of the two programs	76216
of state financial assistance identified in this section will be	76217
fully reimbursed by the state. Reimbursement levels may vary by	76218
program and shall be based on: the relationship between the	76219
appropriation transfers requested by the Division of Criminal	76220
Justice Services in the Department of Public Safety and the	76221
Department of Education and provided by the Controlling Board for	76222
each of the programs; the rules and procedures established for	76223
each program by the administering state agency; and the actual	76224
costs incurred by local units of government and school districts.	76225

(F) Each of these programs of state financial assistance	76226
shall be carried out as follows:	76227

(1) PROSECUTION COSTS

76228

(a) Appropriations may be transferred to the Division of	76229
Criminal Justice Services in the Department of Public Safety to	76230
cover local prosecution costs for aggravated murder, murder,	76231
felonies of the first degree, and felonies of the second degree	76232
that occur on the grounds of institutions operated by the	76233
Department of Rehabilitation and Correction and the Department of	76234
Youth Services.	76235

(b) Upon a delinquency filing in juvenile court or the return	76236
of an indictment for aggravated murder, murder, or any felony of	76237
the first or second degree that was committed at a Department of	76238
Youth Services or a Department of Rehabilitation and Correction	76239
institution, the affected county may, in accordance with rules	76240
that the Division of Criminal Justice Services in the Department	76241
of Public Safety shall adopt, apply to the Division of Criminal	76242
Justice Services for a grant to cover all documented costs that	76243
are incurred by the county prosecutor's office.	76244

(c) Twice each year, the Division of Criminal Justice	76245
Services in the Department of Public Safety shall designate	76246
counties to receive grants from those counties that have submitted	76247
one or more applications in compliance with the rules that have	76248
been adopted by the Division of Criminal Justice Services for the	76249
receipt of such grants. In each year's first round of grant	76250
awards, if sufficient appropriations have been made, up to a total	76251
of $100,000 may be awarded. In each year's second round of grant	76252
awards, the remaining appropriations available for this purpose	76253
may be awarded.	76254

(d) If for a given round of grants there are insufficient	76255
appropriations to make grant awards to all the eligible counties,	76256
the first priority shall be given to counties with cases involving	76257
aggravated murder and murder; second priority shall be given to	76258
counties with cases involving a felony of the first degree; and	76259
third priority shall be given to counties with cases involving a	76260
felony of the second degree. Within these priorities, the grant	76261
awards shall be based on the order in which the applications were	76262
received, except that applications for cases involving a felony of	76263
the first or second degree shall not be considered in more than	76264
two consecutive rounds of grant awards.	76265

(2) CHILD ABUSE DETECTION TRAINING COSTS

76266

Appropriations may be transferred to the Department of	76267
Education for disbursement to local school districts as full or	76268
partial reimbursement for the cost of providing in-service	76269
training for child abuse detection. In accordance with rules that	76270
the department shall adopt, a local school district may apply to	76271
the department for a grant to cover all documented costs that are	76272
incurred to provide in-service training for child abuse detection.	76273
The department shall make grants within the limits of the funding	76274
provided.	76275

(G) Any moneys allocated within appropriation item 911-404,	76276
Mandate Assistance, not fully utilized may, upon application of	76277
the Ohio Public Defender Commission, and with the approval of the	76278
Controlling Board, be disbursed to boards of county commissioners	76279
to provide additional reimbursement for the costs incurred by	76280
counties in providing defense to indigent defendants pursuant to	76281
Chapter 120. of the Revised Code. Application for the unutilized	76282
funds shall be made by the Ohio Public Defender Commission at the	76283
first June meeting of the Controlling Board.	76284

The amount to be disbursed to each county shall be allocated	76285
proportionately on the basis of the total amount of reimbursement	76286
paid to each county as a percentage of the amount of reimbursement	76287
paid to all of the counties during the most recent state fiscal	76288
year for which data is available and as calculated by the Ohio	76289
Public Defender Commission.	76290

BALLOT ADVERTISING COSTS

76291

Pursuant to requests submitted by the Ohio Ballot Board, the	76292
Controlling Board shall approve transfers from the foregoing	76293
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	76294
Ballot Board appropriation item in order to reimburse county	76295
boards of elections for the cost of public notices associated with	76296
statewide ballot initiatives.	76297

Section 203.84. COS STATE BOARD OF COSMETOLOGY

76298

General Services Fund Group

76299

4K9	879-609	Operating Expenses	$	2,929,630	$	0	76300
TOTAL GSF General Services Fund							76301
Group			$	2,929,630	$	0	76302
TOTAL ALL BUDGET FUND GROUPS			$	2,929,630	$	0	76303

Section 203.87. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE	76305
AND FAMILY THERAPIST BOARD	76306

General Services Fund Group

76307

4K9	899-609	Operating Expenses	$	1,058,445	$	0	76308
TOTAL GSF General Services Fund							76309
Group			$	1,058,445	$	0	76310
TOTAL ALL BUDGET FUND GROUPS			$	1,058,445	$	0	76311

Section 203.90. CLA COURT OF CLAIMS

76313

General Revenue Fund

76314

GRF	015-321		Operating Expenses		$	2,598,040		$	2,678,331		76315
TOTAL GRF General Revenue Fund					$	2,598,040		$	2,678,331		76316

State Special Revenue Fund Group

76317

5K2	015-603	CLA Victims of Crime	$	1,582,684	$	1,582,684	76318
TOTAL SSR State Special Revenue							76319
Fund Group			$	1,582,684	$	1,582,684	76320
TOTAL ALL BUDGET FUND GROUPS			$	4,180,724	$	4,261,015	76321

Section 203.91. AFC OHIO CULTURAL FACILITIES COMMISSION

76323

General Revenue Fund

76324

GRF	371-321	Operating Expenses	$	198,406	$	195,707	76325
GRF	371-401	Lease Rental Payments	$	38,126,600	$	38,246,500	76326
TOTAL GRF General Revenue Fund			$	38,325,006	$	38,442,207	76327

State Special Revenue Fund Group

76328

4T8	371-601	Riffe Theatre Equipment Maintenance	$	81,000	$	81,000	76329
4T8	371-603	Project Administration	$	920,448	$	983,295	76330
TOTAL SSR State Special Revenue Group			$	1,001,448	$	1,064,295	76331
TOTAL ALL BUDGET FUND GROUPS			$	39,326,454	$	39,506,502	76332

LEASE RENTAL PAYMENTS

76333

The foregoing appropriation item 371-401, Lease Rental	76334
Payments, shall be used for payments to the Ohio Building	76335
Authority and the Treasurer of State for the period from July 1,	76336
2005, to June 30, 2007, under the primary leases and agreements	76337
for those arts and sports facilities made under Chapters 152. and	76338
154. of the Revised Code, but limited to the aggregate amount of	76339
$76,373,100. This appropriation is the source of funds pledged for	76340
bond service charges on related obligations issued pursuant to	76341
Chapter 152. of the Revised Code.	76342

OPERATING EXPENSES

76343

The foregoing appropriation item 371-321, Operating Expenses,	76344
shall be used by the Ohio Cultural Facilities Commission to carry	76345
out its responsibilities under this section and Chapter 3383. of	76346
the Revised Code.	76347

By July 10, 2005, or as soon as possible thereafter, the	76348
Director of Budget and Management shall determine the amount of	76349
cash from interest earnings to be transferred from the Ohio	76350
Cultural Facilities Building Fund (Fund 030) to the AFC	76351
Administration Fund (Fund 4T8).	76352

By July 10, 2006, or as soon as possible thereafter, the	76353
Director of Budget and Management shall determine the amount of	76354
cash from interest earnings to be transferred from the Ohio	76355
Cultural Facilities Building Fund (Fund 030) to the AFC	76356
Administration Fund (Fund 4T8).	76357

As soon as possible after each bond issuance made on behalf	76358
of the Cultural Facilities Commission, the Director of Budget and	76359
Management shall determine the amount of cash from the premium	76360
paid on each issuance to be transferred from the Ohio Cultural and	76361
Sports Facilities Building Fund (Fund 030) to the AFC	76362
Administration Fund (Fund 4T8).	76363

Section 203.93. DEN STATE DENTAL BOARD

76364

General Services Fund Group

76365

4K9	880-609	Operating Expenses	$	1,424,791	$	1,424,791	76366
TOTAL GSF General Services Fund							76367
Group			$	1,424,791	$	1,424,791	76368
TOTAL ALL BUDGET FUND GROUPS			$	1,424,791	$	1,424,791	76369

Section 203.96. BDP BOARD OF DEPOSIT

76371

General Services Fund Group

76372

4M2	974-601	Board of Deposit	$	1,676,000	$	1,676,000	76373
TOTAL GSF General Services Fund							76374
Group			$	1,676,000	$	1,676,000	76375
TOTAL ALL BUDGET FUND GROUPS			$	1,676,000	$	1,676,000	76376

BOARD OF DEPOSIT EXPENSE FUND

76377

Upon receiving certification of expenses from the Treasurer	76378
of State, the Director of Budget and Management shall transfer	76379
cash from the Investment Earnings Redistribution Fund (Fund 608)	76380
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	76381
shall be used to pay for banking charges and fees required for the	76382
operation of the State of Ohio Regular Account.	76383

Section 203.99. DEV DEPARTMENT OF DEVELOPMENT

76384

General Revenue Fund

76385

GRF	195-321	Operating Expenses	$	2,688,908	$	2,688,908	76386
GRF	195-401	Thomas Edison Program	$	15,554,838	$	15,454,838	76387
GRF	195-404	Small Business Development	$	1,740,722	$	1,740,722	76388
GRF	195-405	Minority Business Development Division	$	1,580,291	$	1,580,291	76389
GRF	195-407	Travel and Tourism	$	6,812,845	$	6,712,845	76390
GRF	195-410	Defense Conversion Assistance	$	300,000	$	200,000	76391
GRF	195-412	Business Development Grants	$	11,750,000	$	11,750,000	76392
GRF	195-415	Economic Development Division and Regional Offices	$	5,794,975	$	5,894,975	76393
GRF	195-416	Governor's Office of Appalachia	$	4,122,372	$	4,122,372	76394
GRF	195-422	Third Frontier Action Fund	$	16,790,000	$	16,790,000	76395
GRF	195-426	Clean Ohio Implementation	$	300,000	$	300,000	76396
GRF	195-432	International Trade	$	4,223,787	$	4,223,787	76397
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,227,500	76398
GRF	195-436	Labor/Management Cooperation	$	811,869	$	811,869	76399
GRF	195-497	CDBG Operating Match	$	1,040,956	$	1,040,956	76400
GRF	195-498	State Match Energy	$	94,000	$	94,000	76401
GRF	195-501	Appalachian Local Development Districts	$	380,080	$	380,080	76402
GRF	195-502	Appalachian Regional Commission Dues	$	246,803	$	246,803	76403
GRF	195-507	Travel and Tourism Grants	$	1,270,000	$	1,145,000	76404
GRF	195-515	Economic Development Contingency	$	10,000,000	$	0	76405
GRF	195-905	Third Frontier Research & Commercialization General Obligation Debt Service	$	0	$	13,910,000	76406
TOTAL GRF General Revenue Fund			$	97,729,946	$	101,314,946	76407

General Services Fund Group

76408

135	195-605	Supportive Services	$	7,450,000	$	7,539,686	76409
685	195-636	General Reimbursements	$	1,000,000	$	1,000,000	76410
5AD	195-667	Investment in Training Expansion	$	5,000,000	$	5,000,000	76411
5AD	195-668	Worker Guarantee Program	$	3,000,000	$	3,000,000	76412
5AD	195-677	Economic Development Contingency	$	0	$	10,000,000	76413
TOTAL GSF General Services Fund							76414
Group			$	16,450,000	$	26,539,686	76415

Federal Special Revenue Fund Group

76416

3AE	195-643	Workforce Development Initiatives	$	5,800,000	$	5,800,000	76417
3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	76418
3K9	195-611	Home Energy Assistance Block Grant	$	90,500,000	$	90,500,000	76419
3K9	195-614	HEAP Weatherization	$	16,219,478	$	16,219,478	76420
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	76421
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	76422
308	195-602	Appalachian Regional Commission	$	600,660	$	600,660	76423
308	195-603	Housing and Urban Development	$	5,000,000	$	5,000,000	76424
308	195-605	Federal Projects	$	15,300,249	$	15,300,249	76425
308	195-609	Small Business Administration	$	4,296,381	$	4,296,381	76426
308	195-618	Energy Federal Grants	$	3,397,659	$	3,397,659	76427
335	195-610	Oil Overcharge	$	3,000,000	$	3,000,000	76428
TOTAL FED Federal Special Revenue							76429
Fund Group			$	274,349,427	$	274,349,427	76430

State Special Revenue Fund Group

76431

4F2	195-639	State Special Projects	$	290,183	$	290,183	76432
4F2	195-676	Promote Ohio	$	5,000,000	$	5,000,000	76433
4S0	195-630	Enterprise Zone Operating	$	275,000	$	275,000	76434
4S1	195-634	Job Creation Tax Credit Operating	$	375,800	$	375,800	76435
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	76436
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	76437
450	195-624	Minority Business Bonding Program Administration	$	53,967	$	53,967	76438
451	195-625	Economic Development Financing Operating	$	2,358,311	$	2,358,311	76439
5CA	195-678	Shovel Ready Sites	$	5,000,000	$	5,000,000	76440
5CG	195-679	Alternative Fuel Transportation	$	150,000	$	150,000	76441
5M4	195-659	Universal Service	$	210,000,000	$	210,000,000	76442
5M5	195-660	Energy Efficiency Loan and Grant	$	12,000,000	$	12,000,000	76443
5X1	195-651	Exempt Facility Inspection	$	25,000	$	25,000	76444
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	76445
617	195-654	Volume Cap Administration	$	200,000	$	200,000	76446
646	195-638	Low- and Moderate- Income Housing Trust Fund	$	53,000,000	$	53,000,000	76447
TOTAL SSR State Special Revenue							76448
Fund Group			$	291,848,346	$	291,848,346	76449

Facilities Establishment Fund Group

76450

009	195-664	Innovation Ohio	$	50,000,000	$	50,000,000	76451
010	195-665	Research and Development	$	50,000,000	$	50,000,000	76452
037	195-615	Facilities Establishment	$	63,931,149	$	63,931,149	76453
4Z6	195-647	Rural Industrial Park Loan	$	3,000,000	$	3,000,000	76454
5D2	195-650	Urban Redevelopment Loans	$	5,475,000	$	5,475,000	76455
5H1	195-652	Family Farm Loan Guarantee	$	1,000,000	$	1,000,000	76456
5S8	195-627	Rural Development Initiative	$	3,000,000	$	3,000,000	76457
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	76458
TOTAL 037 Facilities							76459
Establishment Fund Group			$	179,406,149	$	179,406,149	76460

Clean Ohio Revitalization Fund

76461

003	195-663		Clean Ohio Operating		$	350,000		$	350,000		76462
TOTAL 003 Clean Ohio Revitalization Fund					$	350,000		$	350,000		76463

TOTAL ALL BUDGET FUND GROUPS

860,133,868

873,808,554

76464

Section 203.99.03. THOMAS EDISON PROGRAM

76466

The foregoing appropriation item 195-401, Thomas Edison	76467
Program, shall be used for the purposes of sections 122.28 to	76468
122.38 of the Revised Code in order to provide funds for	76469
cooperative public and private efforts in technological innovation	76470
to promote the development and transfer of technology by and to	76471
Ohio businesses that will lead to the creation of jobs, and to	76472
provide for the administration of the program by the Technology	76473
Division.	76474

Of the foregoing appropriation item 195-401, Thomas Edison	76475
Program, not more than $2,000,000 in fiscal year 2006 and	76476
$2,300,000 in fiscal year 2007 shall be used for operating	76477
expenditures in administering the programs of the Technology	76478
Division.	76479

The Department of Development, in consultation with the Third	76480
Frontier Commission, shall develop a plan providing for	76481
appropriate, value-added participation of Edison Centers and	76482
Incubators in Third Frontier Project proposals and grants.	76483

The Department of Development shall work with Edison Centers	76484
and Incubators and the Third Frontier Network, when appropriate,	76485
to provide for Third Frontier Network connections to Edison	76486
Centers and Incubators and their tenants and, as appropriate,	76487
clients.	76488

Of the foregoing appropriation item 195-401, Thomas Edison	76489
Program, $100,000 in fiscal year 2006 shall be used for a	76490
technology park in Beavercreek.	76491

Section 203.99.06. SMALL BUSINESS DEVELOPMENT

76492

The foregoing appropriation item 195-404, Small Business	76493
Development, shall be used to ensure that the unique needs and	76494
concerns of small businesses are addressed.	76495

The foregoing appropriation item 195-404, Small Business	76496
Development, may be used to provide grants to local organizations	76497
to support the operation of Small Business Development Centers and	76498
other local economic development activity promoting small	76499
business, and for the cost of administering the small business	76500
development center program. The centers shall provide technical,	76501
financial, and management consultation for small business and	76502
shall facilitate access to state and federal programs. These funds	76503
shall be used as matching funds for grants from the United States	76504
Small Business Administration and other federal agencies, pursuant	76505
to Public Law No. 96-302 (1980) as amended by Public Law No.	76506
98-395 (1984), and regulations and policy guidelines for the	76507
programs under this law.	76508

In addition, the Office of Small Business may operate the	76509
1st-Stop Business Connection and implement and coordinate the	76510
duties imposed on the Department of Development by Am. Sub. S.B.	76511
239 of the 115th General Assembly.	76512

MINORITY BUSINESS DEVELOPMENT DIVISION

76513

Of the foregoing appropriation item 195-405, Minority	76514
Business Development Division, up to $1,060,000 but not less than	76515
$954,000 in each fiscal year shall be used to fund minority	76516
contractors and business assistance organizations. The Minority	76517
Business Development Division shall determine which cities need	76518
minority contractors and business assistance organizations by	76519
utilizing United States Census Bureau data and zip codes to locate	76520
the highest concentrations of minority businesses. The Minority	76521
Business Development Division also shall determine the numbers of	76522
minority contractors and business assistance organizations	76523
necessary and the amount of funding to be provided each. In	76524
addition, the Minority Business Development Division shall	76525
continue to plan and implement business conferences.	76526

Section 203.99.09. BUSINESS DEVELOPMENT

76527

The foregoing appropriation item 195-412, Business	76528
Development Grants, shall be used as an incentive for attracting	76529
and retaining business opportunities for the state. Any such	76530
business opportunity, whether new, expanding, or relocating in	76531
Ohio, is eligible for funding. The project must create or retain a	76532
significant number of jobs for Ohioans. Grant awards may be	76533
considered only when (1) the project's viability hinges on an	76534
award of funds from appropriation item 195-412, Business	76535
Development Grants; (2) all other public or private sources of	76536
financing have been considered; or (3) the funds act as a catalyst	76537
for the infusion into the project of other financing sources.	76538

The department's primary goal shall be to award funds to	76539
political subdivisions of the state for off-site infrastructure	76540
improvements. In order to meet the particular needs of economic	76541
development in a region, the department may elect to award funds	76542
directly to a business for on-site infrastructure improvements.	76543
"Infrastructure improvements" mean improvements to water system	76544
facilities, sewer and sewage treatment facilities, electric or gas	76545
service facilities, fiber optic facilities, rail facilities, site	76546
preparation, and parking facilities. The Director of Development	76547
may recommend the funds be used in an alternative manner when	76548
considered appropriate to meet an extraordinary economic	76549
development opportunity or need.	76550

The foregoing appropriation item 195-412, Business	76551
Development Grants, may be expended only after the submission of a	76552
request to the Controlling Board by the Department of Development	76553
outlining the planned use of the funds, and the subsequent	76554
approval of the request by the Controlling Board.	76555

The foregoing appropriation item 195-412, Business	76556
Development Grants, may be used for, but is not limited to,	76557
construction, rehabilitation, and acquisition projects for rail	76558
freight assistance as requested by the Department of	76559
Transportation. The Director of Transportation shall submit the	76560
proposed projects to the Director of Development for an evaluation	76561
of potential economic benefit.	76562

Section 203.99.12. ECONOMIC DEVELOPMENT DIVISION AND REGIONAL	76563
OFFICES	76564

The foregoing appropriation item 195-415, Economic	76565
Development Division and Regional Offices, shall be used for the	76566
operating expenses of the Economic Development Division and the	76567
regional economic development offices and for grants for	76568
cooperative economic development ventures.	76569

Section 203.99.15. GOVERNOR'S OFFICE OF APPALACHIA

76570

The foregoing appropriation item 195-416, Governor's Office	76571
of Appalachia, shall be used for the administrative costs of	76572
planning and liaison activities for the Governor's Office of	76573
Appalachia. Funds not expended for planning and liaison activities	76574
may be expended for special project grants within the Appalachian	76575
Region.	76576

Of the foregoing appropriation item 195-416, Governor's	76577
Office of Appalachia, up to $250,000 each fiscal year shall be	76578
used to match federal funds from the Appalachian Regional	76579
Commission to provide job training to impact the Appalachian	76580
Region.	76581

Of the foregoing appropriation item 195-416, Governor's	76582
Office of Appalachia, up to $4,122,372 in each fiscal year shall	76583
be used in conjunction with other federal and state funds to	76584
provide financial assistance to projects in Ohio's Appalachian	76585
counties in order to further the goals of the Appalachian Regional	76586
Commission. The projects and project sponsors shall meet	76587
Appalachian Regional Commission eligibility requirements. Grants	76588
shall be administered by the Department of Development.	76589

Section 203.99.18. THIRD FRONTIER ACTION FUND

76590

The foregoing appropriation item 195-422, Third Frontier	76591
Action Fund, shall be used to make grants under sections 184.01	76592
and 184.02 of the Revised Code. Prior to the release of funds from	76593
appropriation item 195-422, Third Frontier Action Fund, each grant	76594
award shall be recommended for funding by the Third Frontier	76595
Commission and obtain approval from the Controlling Board.	76596

Of the foregoing appropriation item 195-422, Third Frontier	76597
Action Fund, not more than six per cent in each fiscal year shall	76598
be used for operating expenditures in administering the program.	76599

In addition to the six per cent for operating expenditures,	76600
an additional administrative amount, not to exceed $1,500,000	76601
within the biennium, shall be available for proposal evaluation,	76602
research and analyses, and marketing efforts considered necessary	76603
to receive and disseminate information about science and	76604
technology-related opportunities in the state.	76605

SCIENCE AND TECHNOLOGY COLLABORATION

76606

The Department of Development shall work in close	76607
collaboration with the Board of Regents, the Air Quality	76608
Development Authority, and the Third Frontier Commission in	76609
relation to appropriation items and programs referred to as	76610
Alignment Programs in the following paragraph, and other	76611
technology-related appropriations and programs in the Department	76612
of Development, Air Quality Development Authority, and the Board	76613
of Regents as these agencies may designate, to ensure	76614
implementation of a coherent state strategy with respect to	76615
science and technology.	76616

"Alignment Programs" means appropriation items 195-401,	76617
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	76618
Third Frontier Action Fund; 898-604, Coal Research and Development	76619
Fund; 235-433, Economic Growth Challenge; 235-508, Air Force	76620
Institute of Technology; 235-510, Ohio Supercomputer Center;	76621
235-451, Eminent Scholars; 235-527, Ohio Aerospace Institute;	76622
235-535, Ohio Agricultural Research and Development Center;	76623
235-553, Dayton Area Graduate Studies Institute; 235-554,	76624
Priorities in Collaborative Graduate Education; 235-556, Ohio	76625
Academic Resources Network; and 195-435, Biomedical Research and	76626
Technology Transfer Trust.	76627

Consistent with the recommendations of the Governor's	76628
Commission on Higher Education and the Economy, Alignment Programs	76629
shall be managed and administered in accordance with the following	76630
objectives: (1) to build on existing competitive research	76631
strengths; (2) to encourage new and emerging discoveries and	76632
commercialization of products and ideas that will benefit the Ohio	76633
economy; (3) and to assure improved collaboration among Alignment	76634
Programs with programs administered by the Third Frontier	76635
Commission and with other state programs that are intended to	76636
improve economic growth and job creation. As directed by the Third	76637
Frontier Commission, Alignment Program managers shall report to	76638
the Commission or the Third Frontier Advisory Board regarding the	76639
contributions of their programs to achieving these objectives.	76640

Each Alignment Program shall be reviewed annually by the	76641
Third Frontier Commission with respect to its development of	76642
complementary relationships within a combined state science and	76643
technology investment portfolio, and with respect to its overall	76644
contribution to the state's science and technology strategy,	76645
including the adoption of appropriately consistent criteria for:	76646
(1) the scientific merit of activities supported by the program;	76647
(2) the relevance of the program's activities to commercial	76648
opportunities in the private sector; (3) the private sector's	76649
involvement in a process that continually evaluates commercial	76650
opportunities to use the work supported by the program; and (4)	76651
the ability of the program and recipients of grant funding from	76652
the program to engage in activities that are collaborative,	76653
complementary, and efficient with respect to the expenditures of	76654
state funds. Each Alignment Program shall provide an annual report	76655
to the Third Frontier Commission that discusses existing, planned,	76656
or possible collaborations between programs and between recipients	76657
of grant funding related to technology, development,	76658
commercialization, and the support of Ohio's economic development.	76659
The annual review conducted by the Third Frontier Commission shall	76660
be a comprehensive review of the entire state science and	76661
technology program portfolio rather than a review of individual	76662
programs.	76663

Applicants for Third Frontier and Alignment Programs funding	76664
shall identify their requirements for high-performance computing	76665
facilities and services, including both hardware and software, in	76666
all proposals. If an applicant's requirements exceed approximately	76667
$100,000 for a proposal, the Ohio Supercomputer Center shall	76668
convene a panel of experts. The panel shall review the proposal to	76669
determine whether the proposal's requirements can be met through	76670
Ohio Supercomputer Center facilities or through other means and	76671
report such information to the Third Frontier Commission.	76672

To ensure that the state receives the maximum benefit from	76673
its investment in the Third Frontier Project and the Third	76674
Frontier Network, organizations receiving Third Frontier awards	76675
and Alignment Programs awards shall, as appropriate, be expected	76676
to have a connection to the Third Frontier Network that enables	76677
them and their collaborators to achieve award objectives through	76678
the Third Frontier Network.	76679

Section 203.99.21. INTERNATIONAL TRADE

76680

The foregoing appropriation item 195-432, International	76681
Trade, shall be used to operate and to maintain Ohio's	76682
out-of-state trade offices.	76683

The Director of Development may enter into contracts with	76684
foreign nationals to staff foreign offices. The contracts may be	76685
paid in local currency or United States currency and shall be	76686
exempt from section 127.16 of the Revised Code. The director also	76687
may establish foreign currency accounts under section 122.05 of	76688
the Revised Code for the payment of expenses related to the	76689
operation and maintenance of the foreign trade offices.	76690

The foregoing appropriation item 195-432, International	76691
Trade, shall be used to fund the International Trade Division and	76692
to assist Ohio manufacturers and agricultural producers in	76693
exporting to foreign countries in conjunction with the Department	76694
of Agriculture.	76695

Of the foregoing appropriation item 195-432, International	76696
Trade, up to $35,000 may be used to purchase gifts for	76697
representatives of foreign governments or dignitaries of foreign	76698
countries.	76699

Section 203.99.24. OHIO INVESTMENT IN TRAINING PROGRAM

76700

The foregoing appropriation items 195-434, Investment in	76701
Training Grants, and 195-667, Investment in Training Expansion,	76702
shall be used to promote training through grants for the	76703
reimbursement of eligible training expenses.	76704

Section 203.99.27. CDBG OPERATING MATCH

76705

The foregoing appropriation item 195-497, CDBG Operating	76706
Match, shall be used to provide matching funds as requested by the	76707
United States Department of Housing and Urban Development to	76708
administer the federally funded Community Development Block Grant	76709
(CDBG) program.	76710

STATE OPERATING MATCH

76711

The foregoing appropriation item 195-498, State Match Energy,	76712
shall be used to provide matching funds as required by the United	76713
States Department of Energy to administer the federally funded	76714
State Energy Plan.	76715

Section 203.99.30. TRAVEL AND TOURISM GRANTS

76716

The foregoing appropriation item 195-507, Travel and Tourism	76717
Grants, shall be used to provide grants to local organizations to	76718
support various local travel and tourism events in Ohio.	76719

Of the foregoing appropriation item 195-507, Travel and	76720
Tourism Grants, $25,000 in each fiscal year shall be used for the	76721
Lorain County Visitors Bureau.	76722

Of the foregoing appropriation item 195-507, Travel and	76723
Tourism Grants, $25,000 in each fiscal year shall be used for the	76724
Sandusky/Erie County Visitors and Convention Bureau.	76725

Of the foregoing appropriation item 195-507, Travel and	76726
Tourism Grants, $25,000 in each fiscal year shall be used for the	76727
Ottawa County Convention and Visitors Bureau.	76728

Of the foregoing appropriation item 195-507, Travel and	76729
Tourism Grants, $50,000 in each fiscal year shall be used for the	76730
Greene County Convention and Visitors Bureau.	76731

Of the foregoing appropriation item 195-507, Travel and	76732
Tourism Grants, $45,000 in each fiscal year shall be used for the	76733
Warren County Convention and Visitors Bureau.	76734

Of the foregoing appropriation item 195-507, Travel and	76735
Tourism Grants, $25,000 in each fiscal year shall be used for	76736
grants to the Wood County Economic Development Commission.	76737

Of the foregoing appropriation item 195-507, Travel and	76738
Tourism Grants, $50,000 in each fiscal year shall be used for the	76739
Wright Dunbar Historical Site.	76740

Of the foregoing appropriation item 195-507, Travel and	76741
Tourism Grants, up to $120,000 in each fiscal year may be used to	76742
support the outdoor dramas "Trumpet in the Land," "Blue Jacket,"	76743
and "Tecumseh!".	76744

Of the foregoing appropriation item 195-507, Travel and	76745
Tourism Grants, $40,000 in each fiscal year shall be used for the	76746
Cincinnati Film Commission and $40,000 in each fiscal year shall	76747
be used for the Cleveland Film Commission.	76748

Of the foregoing appropriation item 195-507, Travel and	76749
Tourism Grants, $100,000 in each fiscal year shall be used for the	76750
Cleveland Institute of Art.	76751

Of the foregoing appropriation item 195-507, Travel and	76752
Tourism Grants, up to $500,000 in each fiscal year shall be used	76753
for grants to The International Center for the Preservation of	76754
Wild Animals.	76755

Of the foregoing appropriation item 195-507, Travel and	76756
Tourism Grants, $50,000 in each fiscal year shall be used for the	76757
Lake Shore Railway Association, Inc.	76758

Of the foregoing appropriation item 195-507, Travel and	76759
Tourism Grants, $50,000 in each fiscal year shall be used for the	76760
Ohio River Trails program.	76761

Of the foregoing appropriation item 195-507, Travel and	76762
Tourism Grants, $25,000 in fiscal year 2006 shall be used for the	76763
Ohio Buckeye Junior Hereford Association.	76764

Of the foregoing appropriation item 195-507, Travel and	76765
Tourism Grants, $100,000 in fiscal year 2006 shall be used for	76766
grants to the NCR U.S. Open.	76767

Section 203.99.33. THIRD FRONTIER RESEARCH &	76768
COMMERCIALIZATION GENERAL OBLIGATION DEBT SERVICE	76769

The foregoing appropriation item 195-905, Third Frontier	76770
Research & Commercialization General Obligation Debt Service,	76771
shall be used to pay all debt service and related financing costs	76772
during the period from July 1, 2005, to June 30, 2007, on	76773
obligations to be issued for research and development purposes, as	76774
authorized by the Ohio Constitution and implementing statutes. The	76775
Office of the Sinking Fund or the Director of Budget and	76776
Management shall effectuate the required payments by intrastate	76777
transfer voucher.	76778

Section 203.99.36. SUPPORTIVE SERVICES

76779

The Director of Development may assess divisions of the	76780
department for the cost of central service operations. An	76781
assessment shall be based on a plan submitted to and approved by	76782
the Office of Budget and Management by August 1, 2005, and shall	76783
contain the characteristics of administrative ease and uniform	76784
application.	76785

A division's payments shall be credited to the Supportive	76786
Services Fund (Fund 135) using an intrastate transfer voucher.	76787

GENERAL REIMBURSEMENT

76788

The foregoing appropriation item 195-636, General	76789
Reimbursements, shall be used for conference and subscription fees	76790
and other reimbursable costs. Revenues to the General	76791
Reimbursement Fund (Fund 685) shall consist of fees and other	76792
moneys charged for conferences, subscriptions, and other	76793
administrative costs that are not central service costs.	76794

WORKER GUARANTEE PROGRAM

76795

The foregoing appropriation item 195-668, Worker Guarantee	76796
Program, shall be used for the Worker Guarantee Program.	76797

Benefited employers must create at least 100 high-paying,	76798
full-time jobs over a three-year period and must demonstrate prior	76799
to the commitment of state funds that the availability of those	76800
skilled workers is a major factor in the employer's decision to	76801
locate or expand in Ohio. Activities eligible for funding through	76802
the Worker Guarantee Program include job assessment services,	76803
screening and testing of potential employees, customized training	76804
activities, and any other training or related service determined	76805
by the Director.	76806

A local workforce development service provider may include,	76807
but is not limited to, a community college, technical or	76808
vocational school, one-stop center, or any other entity designated	76809
by the Director of Development to provide services under the	76810
program.	76811

State matching funds totaling one-third of a project's cost	76812
shall be provided for each approved project when an employer and	76813
any local workforce development service provider, in conjunction	76814
with the local community, contracts with the Department of	76815
Development to provide services under the program. The employer	76816
and the local community each shall provide matching funds totaling	76817
one-third of a project's cost, and each portion of the matching	76818
funds shall be equal to state funding, which also shall be	76819
one-third of a project's cost.	76820

The state shall count in-kind contributions when determining	76821
a contribution from entities associated with the local community.	76822

The Director of Development, under Chapter 119. of the	76823
Revised Code, shall adopt, and may amend or rescind, rules the	76824
Director finds necessary for the implementation and successful	76825
operation of the Worker Guarantee Program.	76826

Section 203.99.37. TRAINING SERVICES

76827

Of the foregoing appropriation item 195-605, Federal	76828
Projects, $400,000 in each fiscal year shall be used for grants to	76829
the Ohio Weatherization Training Center, administered by the	76830
Corporation for Ohio Appalachian Development, for training and	76831
technical assistance services.	76832

Section 203.99.39. HEAP WEATHERIZATION

76833

Fifteen per cent of the federal funds received by the state	76834
for the Home Energy Assistance Block Grant shall be deposited in	76835
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	76836
shall be used to provide home weatherization services in the	76837
state.	76838

Of the foregoing appropriation item 195-614, HEAP	76839
Weatherization, $200,000 in each fiscal year shall be used for	76840
grants to the Ohio Weatherization Training Center, administered by	76841
the Corporation for Ohio Appalachian Development, for training and	76842
technical assistance services.	76843

STATE SPECIAL PROJECTS

76844

The foregoing fund, Fund 4F2, State Special Projects, shall	76845
be used for the deposit of private-sector funds from utility	76846
companies and for the deposit of other miscellaneous state funds.	76847
Private-sector moneys shall be used to (1) pay the expenses of	76848
verifying the income-eligibility of HEAP applicants, (2) market	76849
economic development opportunities in the state, and (3) leverage	76850
additional federal funds. State funds shall be used to match	76851
federal housing grants for the homeless and to market economic	76852
development opportunities in the state.	76853

Section 203.99.42. MINORITY BUSINESS ENTERPRISE LOAN

76854

All repayments from the Minority Development Financing	76855
Advisory Board Loan Program and the Ohio Mini-Loan Guarantee	76856
Program shall be deposited in the State Treasury to the credit of	76857
the Minority Business Enterprise Loan Fund (Fund 4W1).	76858

All operating costs of administering the Minority Business	76859
Enterprise Loan Fund shall be paid from the Minority Business	76860
Enterprise Loan Fund (Fund 4WI).	76861

MINORITY BUSINESS BONDING FUND

76862

Notwithstanding Chapters 122., 169., and 175. of the Revised	76863
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	76864
General Assembly, the Director of Development may, upon the	76865
recommendation of the Minority Development Financing Advisory	76866
Board, pledge up to $10,000,000 in the FY 2006-2007 biennium of	76867
unclaimed funds administered by the Director of Commerce and	76868
allocated to the Minority Business Bonding Program under section	76869
169.05 of the Revised Code. The transfer of any cash by the	76870
Director of Budget and Management from the Department of	76871
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	76872
Development's Minority Business Bonding Fund (Fund 449) shall	76873
occur, if requested by the Director of Development, only if such	76874
funds are needed for payment of losses arising from the Minority	76875
Business Bonding Program, and only after proceeds of the initial	76876
transfer of $2,700,000 by the Controlling Board to the Minority	76877
Business Bonding Program has been used for that purpose. Moneys	76878
transferred by the Director of Budget and Management from the	76879
Department of Commerce for this purpose may be moneys in custodial	76880
funds held by the Treasurer of State. If expenditures are required	76881
for payment of losses arising from the Minority Business Bonding	76882
Program, such expenditures shall be made from appropriation item	76883
195-623, Minority Business Bonding Contingency in the Minority	76884
Business Bonding Fund, and such amounts are appropriated.	76885

Section 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING

76886

The foregoing appropriation item 195-625, Economic	76887
Development Financing Operating, shall be used for the operating	76888
expenses of financial assistance programs authorized under Chapter	76889
166. of the Revised Code and under sections 122.43 and 122.45 of	76890
the Revised Code.	76891

VOLUME CAP ADMINISTRATION

76892

The foregoing appropriation item 195-654, Volume Cap	76893
Administration, shall be used for expenses related to the	76894
administration of the Volume Cap Program. Revenues received by the	76895
Volume Cap Administration Fund (Fund 617) shall consist of	76896
application fees, forfeited deposits, and interest earned from the	76897
custodial account held by the Treasurer of State.	76898

UNIVERSAL SERVICE FUND

76899

The foregoing appropriation item 195-659, Universal Service,	76900
shall be used to provide payments to regulated electric utility	76901
companies for low-income customers enrolled in Percentage of	76902
Income Payment Plan (PIPP) electric accounts, to fund targeted	76903
energy efficiency and customer education services to PIPP	76904
customers, and to cover the department's administrative costs	76905
related to Universal Service Fund Programs.	76906

SHOVEL READY SITES

76907

The foregoing appropriation item 195-678, Shovel Ready Sites,	76908
shall be used to administer the Shovel Ready Sites Program under	76909
section 122.083 of the Revised Code.	76910

ALTERNATIVE FUEL TRANSPORTATION

76911

The foregoing appropriation item 195-679, Alternative Fuel	76912
Transportation, shall be used by the Director of Development to	76913
make grants under the Alternative Fuel Transportation Grant Fund	76914
Program in accordance with section 122.075 of the Revised Code,	76915
and for administrative costs associated with the program.	76916

ENERGY EFFICIENCY REVOLVING LOAN FUND

76917

The foregoing appropriation item 195-660, Energy Efficiency	76918
Loan and Grant, shall be used to provide financial assistance to	76919
customers for eligible energy efficiency projects for residential,	76920
commercial and industrial business, local government, educational	76921
institution, nonprofit, and agriculture customers, and to pay for	76922
the program's administrative costs as provided in the Revised Code	76923
and rules adopted by the Director of Development.	76924

TRANSFER FROM THE ENERGY EFFICIENCY REVOLVING LOAN FUND TO	76925
THE INDUSTRIAL SITE IMPROVEMENTS FUND	76926

Notwithstanding Chapters 122. and 4928. of the Revised Code	76927
and any other law to the contrary, the Director of Budget and	76928
Management shall transfer $2,500,000 in cash in fiscal year 2006	76929
and $2,500,000 in cash in fiscal year 2007 from the Energy	76930
Efficiency Revolving Loan Fund (Fund 5M5) to the Industrial Site	76931
Improvements Fund (Fund 5AR). The transfers are subject to	76932
Controlling Board approval.	76933

Moneys in Fund 5AR, Industrial Site Improvements, shall be	76934
used by the Director of Development to make grants to eligible	76935
counties for the improvement of commercial or industrial areas	76936
within those counties under section 122.951 of the Revised Code.	76937

TRANSFER FROM THE ENERGY EFFICIENCY REVOLVING LOAN FUND TO	76938
THE RAIL TRANSLOAD FACILITIES FUND	76939

Notwithstanding Chapters 122. and 4928. of the Revised Code	76940
and any other law to the contrary, the Director of Budget and	76941
Management shall transfer $500,000 in cash in fiscal year 2006	76942
from the Energy Efficiency Revolving Loan Fund (Fund 5M5) in the	76943
Department of Development to the Rail Transload Facilities Fund	76944
(Fund 5CF) in the Department of Transportation. The transfer is	76945
subject to Controlling Board approval.	76946

TRANSFER FROM THE ENERGY EFFICIENCY REVOLVING LOAN FUND TO	76947
THE ALTERNATIVE FUEL TRANSPORTATION GRANT FUND	76948

Notwithstanding Chapter 4928. of the Revised Code and any	76949
other law to the contrary, the Director of Budget and Management	76950
shall transfer $150,000 in cash in fiscal year 2006 and $150,000	76951
in cash in fiscal year 2007 from the Energy Efficiency Revolving	76952
Loan Fund (Fund 5M5) to the Alternative Fuel Transportation Grant	76953
Fund (Fund 5CG). The transfers are subject to Controlling Board	76954
approval.	76955

GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS

76956

All payments received by the state pursuant to a series of	76957
settlements with ten brokerage firms reached with the United	76958
States Securities and Exchange Commission, the National	76959
Association of Securities Dealers, the New York Stock Exchange,	76960
the New York Attorney General, and other state regulators	76961
(henceforth referred to as the "Global Analysts Settlement	76962
Agreements"), shall be deposited into the state treasury to the	76963
credit of the Economic Development Contingency Fund (Fund 5Y6),	76964
which is hereby created in the state treasury. The fund shall be	76965
used by the Director of Development to support economic	76966
development projects for which appropriations would not otherwise	76967
be available, and shall be subject to the submission of a request	76968
to the Controlling Board by the Director outlining the planned use	76969
of the funds, and the subsequent approval of the request by the	76970
Controlling Board.	76971

Section 203.99.46. TRANSFER FROM THE LOW- AND MODERATE-INCOME	76972
HOUSING TRUST FUND TO THE RESIDENTIAL STATE SUPPLEMENT FUND	76973

Notwithstanding Chapter 175. of the Revised Code and any	76974
other law to the contrary, the Director of Budget and Management	76975
shall transfer $1,500,000 in cash in fiscal year 2006 and	76976
$1,500,000 in cash in fiscal year 2007 from the Low- and	76977
Moderate-Income Housing Trust Fund (Fund 646) in the Department of	76978
Development to the Residential State Supplement Fund (Fund 5CH) in	76979
the Department of Mental Health. The transfers are subject to	76980
Controlling Board approval.	76981

Section 203.99.48. FACILITIES ESTABLISHMENT FUND

76982

The foregoing appropriation item 195-615, Facilities	76983
Establishment (Fund 037), shall be used for the purposes of the	76984
Facilities Establishment Fund under Chapter 166. of the Revised	76985
Code.	76986

Notwithstanding Chapter 166. of the Revised Code, up to	76987
$1,800,000 in cash each fiscal year may be transferred from the	76988
Facilities Establishment Fund (Fund 037) to the Economic	76989
Development Financing Operating Fund (Fund 451). The transfer is	76990
subject to Controlling Board approval under division (B) of	76991
section 166.03 of the Revised Code.	76992

Notwithstanding Chapter 166. of the Revised Code, up to	76993
$5,000,000 in cash each fiscal year may be transferred from the	76994
Facilities Establishment Fund (Fund 037) to the Shovel Ready Sites	76995
Fund (Fund 5CA). The transfer is subject to Controlling Board	76996
approval under division (B) of section 166.03 of the Revised Code.	76997

Notwithstanding Chapter 166. of the Revised Code, up to	76998
$10,950,000 in cash may be transferred during the biennium from	76999
the Facilities Establishment Fund (Fund 037) to the Urban	77000
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	77001
barriers to urban core redevelopment. The Director of Development	77002
shall develop program guidelines for the transfer and release of	77003
funds, including, but not limited to, the completion of all	77004
appropriate environmental assessments before state assistance is	77005
committed to a project.	77006

Notwithstanding Chapter 166. of the Revised Code, up to	77007
$3,000,000 each fiscal year in cash may be transferred from the	77008
Facilities Establishment Fund (Fund 037) to the Rural Industrial	77009
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	77010
Board approval under section 166.03 of the Revised Code.	77011

FAMILY FARM LOAN PROGRAM

77012

Notwithstanding Chapter 166. of the Revised Code, up to	77013
$1,000,000 in each fiscal year shall be transferred from moneys in	77014
the Facilities Establishment Fund (Fund 037) to the Family Farm	77015
Loan Guarantee Fund (Fund 5H1) in the Department of Development.	77016
The moneys shall be used for loan guarantees. The transfer is	77017
subject to Controlling Board approval.	77018

Financial assistance from the Family Farm Loan Guarantee Fund	77019
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established	77020
under sections 166.031, 901.80, 901.81, 901.82, and 901.83 of the	77021
Revised Code.	77022

When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to	77023
exist, all outstanding balances, all loan repayments, and any	77024
other outstanding obligations shall revert to the Facilities	77025
Establishment Fund (Fund 037).	77026

RURAL DEVELOPMENT INITIATIVE FUND

77027

(A)(1) The Rural Development Initiative Fund (Fund 5S8) is	77028
entitled to receive moneys from the Facilities Establishment Fund	77029
(Fund 037). The Director of Development may make grants from the	77030
Rural Development Initiative Fund as specified in division (A)(2)	77031
of this section to eligible applicants in Appalachian counties and	77032
in rural counties in the state that are designated as distressed	77033
under section 122.25 of the Revised Code. Preference shall be	77034
given to eligible applicants located in Appalachian counties	77035
designated as distressed by the federal Appalachian Regional	77036
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	77037
cease to exist after June 30, 2007. All moneys remaining in the	77038
Fund after that date shall revert to the Facilities Establishment	77039
Fund (Fund 037).	77040

(2) The Director of Development shall make grants from the	77041
Rural Development Initiative Fund (Fund 5S8) only to eligible	77042
applicants who also qualify for and receive funding under the	77043
Rural Industrial Park Loan Program as specified in sections 122.23	77044
to 122.27 of the Revised Code. Eligible applicants shall use the	77045
grants for the purposes specified in section 122.24 of the Revised	77046
Code. All projects supported by grants from the fund are subject	77047
to Chapter 4115. of the Revised Code as specified in division (E)	77048
of section 166.02 of the Revised Code. The Director shall develop	77049
program guidelines for the transfer and release of funds. The	77050
release of grant moneys to an eligible applicant is subject to	77051
Controlling Board approval.	77052

(B) Notwithstanding Chapter 166. of the Revised Code, the	77053
Director of Budget and Management may transfer up to $3,000,000	77054
each fiscal year in cash on an as needed basis at the request of	77055
the Director of Development from the Facilities Establishment Fund	77056
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8).	77057
The transfer is subject to Controlling Board approval under	77058
section 166.03 of the Revised Code.	77059

CAPITAL ACCESS LOAN PROGRAM

77060

The foregoing appropriation item 195-628, Capital Access Loan	77061
Program, shall be used for operating, program, and administrative	77062
expenses of the program. Funds of the Capital Access Loan Program	77063
shall be used to assist participating financial institutions in	77064
making program loans to eligible businesses that face barriers in	77065
accessing working capital and obtaining fixed asset financing.	77066

Notwithstanding Chapter 166. of the Revised Code, the	77067
Director of Budget and Management may transfer up to $3,000,000	77068
each fiscal year in cash on an as needed basis at the request of	77069
the Director of Development from the Facilities Establishment Fund	77070
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The	77071
transfer is subject to Controlling Board approval under section	77072
166.03 of the Revised Code.	77073

INNOVATION OHIO LOAN FUND

77074

The foregoing appropriation item 195-664, Innovation Ohio,	77075
shall be used to provide for innovation Ohio purposes, including	77076
loan guarantees and loans under Chapter 166. and particularly	77077
sections 166.12 to 166.16 of the Revised Code.	77078

RESEARCH AND DEVELOPMENT

77079

The foregoing appropriation item 195-665, Research and	77080
Development, shall be used to provide for research and development	77081
purposes, including loans, under Chapter 166. and particularly	77082
sections 166.17 to 166.21 of the Revised Code.	77083

Section 203.99.51. CLEAN OHIO OPERATING EXPENSES

77084

The foregoing appropriation item 195-663, Clean Ohio	77085
Operating, shall be used by the Department of Development in	77086
administering sections 122.65 to 122.658 of the Revised Code.	77087

Section 203.99.54. UNCLAIMED FUNDS TRANSFER

77088

(A) Notwithstanding division (A) of section 169.05 of the	77089
Revised Code, upon the request of the Director of Budget and	77090
Management, the Director of Commerce, prior to June 30, 2006,	77091
shall transfer to the Job Development Initiatives Fund (Fund 5AD)	77092
up to $8,000,000 of the unclaimed funds that have been reported by	77093
the holders of unclaimed funds under section 169.05 of the Revised	77094
Code, regardless of the allocation of the unclaimed funds	77095
described under that section.	77096

Notwithstanding division (A) of section 169.05 of the Revised	77097
Code, upon the request of the Director of Budget and Management,	77098
the Director of Commerce, prior to June 30, 2007, shall transfer	77099
to the Job Development Initiatives Fund (Fund 5AD) up to	77100
$18,000,000 of the unclaimed funds that have been reported by the	77101
holders of unclaimed funds under section 169.05 of the Revised	77102
Code, regardless of the allocation of the unclaimed funds	77103
described under that section.	77104

(B) Notwithstanding division (A) of section 169.05 of the	77105
Revised Code, upon the request of the Director of Budget and	77106
Management, the Director of Commerce, prior to June 30, 2006,	77107
shall transfer to the State Special Projects Fund (Fund 4F2) up to	77108
$5,000,000 of the unclaimed funds that have been reported by the	77109
holders of unclaimed funds under section 169.05 of the Revised	77110
Code, regardless of the allocation of the unclaimed funds	77111
described under that section.	77112

Notwithstanding division (A) of section 169.05 of the Revised	77113
Code, upon the request of the Director of Budget and Management,	77114
the Director of Commerce, prior to June 30, 2007, shall transfer	77115
to the State Special Projects Fund (Fund 4F2) up to $5,000,000 of	77116
the unclaimed funds that have been reported by the holders of	77117
unclaimed funds under section 169.05 of the Revised Code,	77118
regardless of the allocation of the unclaimed funds described	77119
under that section.	77120

Section 206.03. OBD OHIO BOARD OF DIETETICS

77121

General Services Fund Group

77122

4K9	860-609	Operating Expenses	$	332,495	$	0	77123
TOTAL GSF General Services Fund							77124
Group			$	332,495	$	0	77125
TOTAL ALL BUDGET FUND GROUPS			$	332,495	$	0	77126

Section 206.06. CDR COMMISSION ON DISPUTE RESOLUTION AND	77128
CONFLICT MANAGEMENT	77129

General Revenue Fund

77130

GRF	145-401		Commission on Dispute Resolution/Management		$	470,000		$	470,000		77131
TOTAL GRF General Revenue Fund					$	470,000		$	470,000		77132

General Services Fund Group

77133

4B6	145-601		Gifts and Grants		$	140,000		$	140,000		77134
TOTAL GSF General Services Fund Group					$	140,000		$	140,000		77135

Federal Special Revenue Fund Group

77136

3S6	145-602	Dispute Resolution: Federal	$	140,000	$	140,000	77137
TOTAL FED Federal Special Revenue Fund Group			$	140,000	$	140,000	77138
TOTAL ALL BUDGET FUND GROUPS			$	750,000	$	750,000	77139

Section 206.09. EDU DEPARTMENT OF EDUCATION

77141

General Revenue Fund

77142

GRF	200-100	Personal Services	$	9,880,406	$	10,880,655	77143
GRF	200-320	Maintenance and Equipment	$	4,344,235	$	4,344,235	77144
GRF	200-408	Early Childhood Education	$	19,002,195	$	19,002,195	77145
GRF	200-410	Educator Training	$	23,423,057	$	23,923,057	77146
GRF	200-416	Career-Technical Education Match	$	2,233,195	$	2,233,195	77147
GRF	200-420	Computer/Application/ Network Development	$	5,361,525	$	5,361,525	77148
GRF	200-421	Alternative Education Programs	$	13,707,665	$	13,557,665	77149
GRF	200-422	School Management Assistance	$	2,683,208	$	2,710,572	77150
GRF	200-424	Policy Analysis	$	556,687	$	556,687	77151
GRF	200-425	Tech Prep Consortia Support	$	2,069,217	$	2,069,217	77152
GRF	200-426	Ohio Educational Computer Network	$	30,446,197	$	30,446,197	77153
GRF	200-427	Academic Standards	$	10,822,753	$	10,894,181	77154
GRF	200-431	School Improvement Initiatives	$	20,513,649	$	23,842,828	77155
GRF	200-433	Reading/Writing Improvement-Professional Development	$	16,165,000	$	16,165,000	77156
GRF	200-437	Student Assessment	$	54,445,234	$	60,011,935	77157
GRF	200-439	Accountability/Report Cards	$	3,878,850	$	6,457,290	77158
GRF	200-442	Child Care Licensing	$	1,302,495	$	1,302,495	77159
GRF	200-445	OhioReads Volunteer Support	$	3,905,000	$	3,905,000	77160
GRF	200-446	Education Management Information System	$	15,674,805	$	15,674,805	77161
GRF	200-447	GED Testing	$	1,544,360	$	1,544,360	77162
GRF	200-448	Educator Preparation	$	1,651,000	$	1,651,000	77163
GRF	200-455	Community Schools	$	2,942,094	$	2,942,094	77164
GRF	200-502	Pupil Transportation	$	412,330,728	$	420,577,343	77165
GRF	200-503	Bus Purchase Allowance	$	8,600,000	$	12,500,000	77166
GRF	200-505	School Lunch Match	$	8,998,025	$	8,998,025	77167
GRF	200-509	Adult Literacy Education	$	8,669,738	$	8,669,738	77168
GRF	200-511	Auxiliary Services	$	127,903,356	$	127,903,356	77169
GRF	200-514	Postsecondary Adult Career-Technical Education	$	19,481,875	$	19,481,875	77170
GRF	200-521	Gifted Pupil Program	$	46,910,068	$	47,157,293	77171
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	56,762,916	$	58,068,463	77172
GRF	200-540	Special Education Enhancements	$	133,379,606	$	134,640,125	77173
GRF	200-545	Career-Technical Education Enhancements	$	10,169,442	$	9,225,569	77174
GRF	200-550	Foundation Funding	$	5,587,820,663	$	5,698,271,366	77175
GRF	200-558	Emergency Loan Interest Subsidy	$	1,388,164	$	651,404	77176
GRF	200-566	Reading/Writing Improvement-Classroom Grants	$	12,062,336	$	12,062,336	77177
GRF	200-578	Safe and Supportive Schools	$	1,218,555	$	1,218,555	77178
GRF	200-901	Property Tax Allocation - Education	$	764,626,987	$	728,793,318	77179
GRF	200-906	Tangible Tax Exemption - Education	$	42,830,487	$	32,122,865	77180
TOTAL GRF General Revenue Fund			$	7,489,705,773	$	7,579,817,819	77181

General Services Fund Group

77182

138	200-606	Computer Services-Operational Support	$	7,600,091	$	7,600,091	77183
4D1	200-602	Ohio Prevention/Education Resource Center	$	832,000	$	832,000	77184
4L2	200-681	Teacher Certification and Licensure	$	5,497,158	$	5,628,332	77185
452	200-638	Miscellaneous Educational Services	$	400,000	$	400,000	77186
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	77187
596	200-656	Ohio Career Information System	$	529,761	$	529,761	77188
TOTAL GSF General Services							77189
Fund Group			$	32,859,010	$	32,990,184	77190

Federal Special Revenue Fund Group

77191

3AF	200-603	Schools Medicaid Administrative Claims	$	1,000,000	$	1,000,000	77192
3C5	200-661	Early Childhood Education	$	23,874,338	$	23,874,338	77193
3D1	200-664	Drug Free Schools	$	13,347,966	$	13,347,966	77194
3D2	200-667	Honors Scholarship Program	$	5,812,903	$	5,833,965	77195
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	77196
3L6	200-617	Federal School Lunch	$	220,256,132	$	227,583,653	77197
3L7	200-618	Federal School Breakfast	$	56,382,851	$	58,405,608	77198
3L8	200-619	Child/Adult Food Programs	$	66,590,622	$	67,915,843	77199
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	77200
3M0	200-623	ESEA Title 1A	$	440,260,178	$	461,026,070	77201
3M1	200-678	Innovative Education	$	11,800,000	$	11,800,000	77202
3M2	200-680	Individuals with Disabilities Education Act	$	513,058,569	$	605,581,547	77203
3S2	200-641	Education Technology	$	20,800,000	$	20,800,000	77204
3T4	200-613	Public Charter Schools	$	22,000,000	$	22,000,000	77205
3U2	200-662	Teacher Quality Enhancement Grants	$	795,280	$	795,280	77206
3X5	200-684	School Renovation/IDEA	$	2,200,000	$	0	77207
3Y2	200-688	21st Century Community Learning Centers	$	30,681,554	$	30,681,554	77208
3Y4	200-632	Reading First	$	50,775,637	$	31,215,798	77209
3Y5	200-634	Community Service Grants	$	1,000,000	$	0	77210
3Y6	200-635	Improving Teacher Quality	$	107,000,000	$	107,000,000	77211
3Y7	200-689	English Language Acquisition	$	8,500,000	$	9,000,000	77212
3Y8	200-639	Rural and Low Income	$	1,700,000	$	1,700,000	77213
3Z2	200-690	State Assessments	$	12,681,031	$	12,883,799	77214
3Z3	200-645	Consolidated USDE Administration	$	9,200,000	$	9,200,000	77215
309	200-601	Educationally Disadvantaged	$	19,658,846	$	19,658,846	77216
366	200-604	Adult Basic Education	$	18,500,000	$	18,500,000	77217
367	200-607	School Food Services	$	11,383,637	$	11,666,732	77218
368	200-614	Veterans' Training	$	672,961	$	691,130	77219
369	200-616	Career-Technical Education Federal Enhancement	$	6,500,000	$	6,500,000	77220
370	200-624	Education of Exceptional Children	$	2,386,610	$	2,386,610	77221
371	200-631	Immigrant Education Opportunities	$	400,000	$	400,000	77222
374	200-647	Troops to Teachers	$	1,600,000	$	0	77223
378	200-660	Learn and Serve	$	1,200,000	$	1,200,000	77224
TOTAL FED Federal Special							77225
Revenue Fund Group			$	1,730,323,816	$	1,830,953,440	77226

State Special Revenue Fund Group

77227

4R7	200-695	Indirect Operational Support	$	5,382,864	$	5,449,748	77228
4V7	200-633	Interagency Operational Support	$	500,000	$	500,000	77229
454	200-610	Guidance and Testing	$	400,000	$	400,000	77230
455	200-608	Commodity Foods	$	24,000,000	$	24,000,000	77231
5BB	200-696	State Action for Education Leadership	$	1,200,000	$	1,200,000	77232
5BJ	200-626	Half-Mill Maintenance Equalization	$	0	$	10,700,000	77233
5U2	200-685	National Education Statistics	$	300,000	$	300,000	77234
5W2	200-663	Early Learning Initiative	$	96,580,000	$	115,456,000	77235
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	77236
620	200-615	Educational Improvement Grants	$	1,000,000	$	1,000,000	77237
TOTAL SSR State Special Revenue							77238
Fund Group			$	130,691,774	$	160,334,658	77239

Lottery Profits Education Fund Group

77240

017	200-612	Foundation Funding	$	606,208,300	$	606,296,800	77241
017	200-682	Lease Rental Payment Reimbursement	$	31,691,700	$	31,603,200	77242
TOTAL LPE Lottery Profits							77243
Education Fund Group			$	637,900,000	$	637,900,000	77244

Revenue Distribution Fund Group

77245

047	200-909	School District Property Tax Replacement-Business	$	38,810,000	$	291,010,000	77246
053	200-900	School District Property Tax Replacement-Utility	$	116,647,522	$	101,647,522	77247
TOTAL RDF Revenue Distribution							77248
Fund Group			$	155,457,522	$	392,657,522	77249
TOTAL ALL BUDGET FUND GROUPS			$	10,176,937,895	$	10,634,653,623	77250

Section 206.09.03. MAINTENANCE AND EQUIPMENT

77252

Of the foregoing appropriation item 200-320, Maintenance and	77253
Equipment, up to $25,000 may be expended in each fiscal year for	77254
State Board of Education out-of-state travel.	77255

Section 206.09.06. EARLY CHILDHOOD EDUCATION

77256

The Department of Education shall distribute the foregoing	77257
appropriation item 200-408, Early Childhood Education, to pay the	77258
costs of comprehensive early childhood education programs. As used	77259
in this section, "provider" means a city, local, exempted village,	77260
or joint vocational school district, an educational service	77261
center, or any community-based entity licensed under sections	77262
3301.52 to 3301.59 or Chapter 5104. of the Revised Code with	77263
experience educating children.	77264

(A) In each fiscal year, up to two per cent of the total	77265
appropriation may be used by the Department for program support	77266
and technical assistance. The Department shall distribute the	77267
remainder of the appropriation in each fiscal year to serve	77268
children from families earning not more than 200 per cent of the	77269
federal poverty guidelines.	77270

(B) The Department shall provide an annual report to the	77271
Governor, the Speaker of the House of Representatives, and the	77272
President of the Senate and post the report to the Department's	77273
web site, regarding early childhood education programs operated	77274
under this section and the early learning program guidelines for	77275
school readiness.	77276

(C) For purposes of this section, "eligible child" means a	77277
child who is at least three years of age, is not of the age to be	77278
eligible for kindergarten, and whose family earns not more than	77279
200 per cent of the federal poverty guidelines.	77280

(D) After setting aside the amounts to make payments due from	77281
the previous fiscal year, in fiscal year 2006, the Department	77282
shall distribute funds first to recipients of funds for public	77283
preschool programs under Section 41.02 of Am. Sub. H.B. 95 of the	77284
125th General Assembly in the previous fiscal year and the balance	77285
to new providers of early childhood education programs under this	77286
section. After setting aside the amounts to make payments due from	77287
the previous fiscal year, in fiscal year 2007, the Department	77288
shall distribute funds first to providers of early childhood	77289
education programs under this section in the previous fiscal year	77290
and the balance to new providers. Awards under this section shall	77291
be distributed on a per-pupil basis, which the Department may	77292
adjust so that the per-pupil amount multiplied by the number of	77293
eligible children enrolled and receiving services, as defined by	77294
the Department, reported on the first day of December or the first	77295
business day following that date equals the amount allocated under	77296
division (A) of this section. The Department may increase the	77297
per-pupil amount by a reasonable percentage for inflation, to be	77298
determined by the Department.	77299

The Department may reallocate unobligated or unspent money to	77300
participating providers for purposes of program expansion,	77301
improvement, or special projects to promote quality and	77302
innovation.	77303

(E) Costs for developing and administering an early childhood	77304
education program may not exceed fifteen per cent of the total	77305
approved costs of the program.	77306

All providers shall maintain such fiscal control and	77307
accounting procedures as may be necessary to ensure the	77308
disbursement of, and accounting for, these funds. The control of	77309
funds provided in this program, and title to property obtained	77310
therefrom, shall be under the authority of the approved provider	77311
for purposes provided in the program unless, as described in	77312
division (I) of this section, the program waives its right for	77313
funding or a program's funding is eliminated or reduced due to its	77314
inability to meet financial or early learning program guidelines	77315
for school readiness. The approved provider shall administer and	77316
use such property and funds for the purposes specified.	77317

(F) The Department may examine a provider's financial and	77318
program records. If the financial practices of the program are not	77319
in accordance with standard accounting principles or do not meet	77320
financial standards outlined under division (E) of this section,	77321
or if the program fails to substantially meet the early learning	77322
program guidelines for school readiness or exhibits below average	77323
performance as measured against the guidelines, the early	77324
childhood education program shall propose and implement a	77325
corrective action plan that has been approved by the Department.	77326
The approved corrective action plan shall be signed by the chief	77327
executive officer and the executive of the official governing body	77328
of the provider. The corrective action plan shall include a	77329
schedule for monitoring by the Department. Such monitoring may	77330
include monthly reports, inspections, a timeline for correction of	77331
deficiencies, and technical assistance to be provided by the	77332
Department or obtained by the early childhood education program.	77333
The Department may withhold funding pending corrective action. If	77334
an early childhood education program fails to satisfactorily	77335
complete a corrective action plan, the Department may deny	77336
expansion funding to the program or withdraw all or part of the	77337
funding to the program and establish a new provider through a	77338
competitive bidding process established by the Department.	77339

(G) Each early childhood education program shall do all of	77340
the following:	77341

(1) Meet teacher qualification requirements prescribed by	77342
section 3301.311 of the Revised Code;	77343

(2) Align curriculum to the early learning program guidelines	77344
for school readiness;	77345

(3) Meet any assessment requirements prescribed by section	77346
3301.0715 of the Revised Code that are applicable to the program;	77347

(4) Require teachers, including teachers enrolled and working	77348
to obtain a degree pursuant to section 3301.311 of the Revised	77349
Code, to attend a minimum of twenty hours per year of professional	77350
development as prescribed by the Department regarding the	77351
implementation of content standards and assessments;	77352

(5) Document and report child progress in meeting the early	77353
learning program guidelines for school readiness.	77354

(H) Each provider shall develop a sliding fee scale based on	77355
family incomes and shall charge families who earn more than the	77356
federal poverty guidelines for the early childhood education	77357
program.	77358

(I) If an early childhood education program voluntarily	77359
waives its right for funding, or has its funding eliminated for	77360
not meeting financial standards or the early learning program	77361
guidelines for school readiness, the provider shall transfer	77362
control of title to property, equipment, and remaining supplies	77363
obtained through the program to providers designated by the	77364
Department and return any unexpended funds to the Department along	77365
with any reports prescribed by the Department. The funding made	77366
available from a program that waives its right for funding or has	77367
its funding eliminated or reduced may be used by the Department	77368
for new grant awards or expansion grants. The Department may award	77369
new grants or expansion grants to eligible providers who apply.	77370
The eligible providers who apply must do so in accordance with the	77371
competitive bidding process established by the Department.	77372

(J) As used in this section, "early learning program	77373
guidelines for school readiness" means the guidelines established	77374
by the Department pursuant to division (C)(3) of Section 206.09.54	77375
of this act.	77376

Section 206.09.09. EDUCATOR TRAINING

77377

The foregoing appropriation item 200-410, Educator Training,	77378
shall be used to fund professional development programs in Ohio.	77379
The Department of Education shall, when possible, incorporate	77380
cultural competency as a component of professional development and	77381
actively promote the development of cultural competency in the	77382
operation of its professional development programs. As used in	77383
this section, "cultural competency" has the meaning specified by	77384
the Educator Standards Board under section 3319.61 of the Revised	77385
Code.	77386

Of the foregoing appropriation item 200-410, Educator	77387
Training, up to $7,850,000 in fiscal year 2006 and up to	77388
$8,250,000 in fiscal year 2007 shall be used by the Department of	77389
Education to provide grants to pay $2,000 of the application fee	77390
in order to assist teachers from public and chartered nonpublic	77391
schools applying for the first time to the National Board for	77392
Professional Teaching Standards for professional teaching	77393
certificates or licenses that the board offers. This set aside	77394
shall also be used to recognize and reward teachers who become	77395
certified by the National Board for Professional Teaching	77396
Standards under section 3319.55 of the Revised Code. Up to	77397
$300,000 in each fiscal year of this set aside may be used by the	77398
Department to pay for costs associated with activities to support	77399
candidates through the application and certification process.	77400

These moneys shall be used to pay up to the first 400	77401
applications in each fiscal year received by the Department.	77402

Of the foregoing appropriation item 200-410, Educator	77403
Training, up to $9,515,817 in each fiscal year shall be allocated	77404
for entry year programs. These funds shall be used to support	77405
mentoring services and performance assessments of beginning	77406
teachers in school districts and chartered nonpublic schools.	77407

Of the foregoing appropriation item 200-410, Educator	77408
Training, up to $200,000 in each fiscal year shall be used to	77409
provide technical assistance and grants for districts to develop	77410
local knowledge/skills-based compensation systems (Teacher	77411
Advancement Program). Each district receiving grants shall issue	77412
an annual report to the Department of Education detailing the use	77413
of the funds and the impact of the system developed by the	77414
district.	77415

Of the foregoing appropriation item 200-410, Educator	77416
Training, up to $350,000 in each fiscal year shall be used for	77417
training and professional development of school administrators,	77418
school treasurers, and school business officials.	77419

Of the foregoing appropriation item 200-410, Educator	77420
Training, up to $100,000 in fiscal year 2007 shall be used by the	77421
Department of Education to develop a supply and demand report that	77422
describes the availability of quality educators and critical	77423
educator shortage areas in Ohio.	77424

Of the foregoing appropriation item 200-410, Educator	77425
Training, up to $885,740 in each fiscal year shall be used for	77426
educator recruitment programs targeting shortage areas, including	77427
recruiting highly qualified minority candidates into teaching and	77428
recruiting prospective mathematics and science teachers. The funds	77429
also may be used to provide an alternative route to licensure for	77430
principals and other administrators.	77431

Of the foregoing appropriation item 200-410, Educator	77432
Training, up to $187,500 in each fiscal year shall be used by the	77433
Department of Education to identify hard-to-staff schools and to	77434
provide incentives for highly qualified teachers to teach in these	77435
schools. Stipends shall be provided to teachers with at least	77436
three years of experience who teach in the areas of special	77437
education or middle or high school mathematics or science.	77438

Of the foregoing appropriation item 200-410, Educator	77439
Training, up to $63,000 in each fiscal year shall be used to	77440
support the Ohio University Leadership Program.	77441

Of the foregoing appropriation item 200-410, Educator	77442
Training, up to $4,371,000 in each fiscal year shall be allocated	77443
by the Department of Education on a per pupil basis, to school	77444
districts in academic emergency or with a three-year average	77445
graduation rate of not more than seventy-five per cent. As used in	77446
this section, "three-year average" and "graduation rate" have the	77447
meanings specified in section 3302.01 of the Revised Code. These	77448
funds shall be used by the districts to provide an equivalent of	77449
five days of ongoing embedded professional development for	77450
classroom teachers who provide instruction in the subject areas of	77451
reading, writing, mathematics, science, or social studies to	77452
students enrolled in the ninth or tenth grade. This professional	77453
development shall focus on developing subject competency,	77454
developing cultural competency, developing skills for analyzing	77455
test data, and developing data-based intervention strategies to	77456
prepare students below grade level to pass the Ohio Graduation	77457
Test. Districts shall submit a research-based, professional	77458
development plan for five days of embedded professional	77459
development to the Department of Education prior to receiving	77460
funds. The plan shall detail how ninth and tenth grade teachers	77461
will learn and implement classroom strategies for students to	77462
reach state standards in mathematics, reading, writing, social	77463
studies, and science.	77464

Section 206.09.10. CAREER-TECHNICAL EDUCATION MATCH

77465

The foregoing appropriation item 200-416, Career-Technical	77466
Education Match, shall be used by the Department of Education to	77467
provide vocational administration matching funds under 20 U.S.C.	77468
2311.	77469

Section 206.09.12. COMPUTER/APPLICATION/NETWORK DEVELOPMENT

77470

The foregoing appropriation item 200-420,	77471
Computer/Application/Network Development, shall be used to support	77472
the development and implementation of information technology	77473
solutions designed to improve the performance and services of the	77474
Department of Education. Funds may be used for personnel,	77475
maintenance, and equipment costs related to the development and	77476
implementation of these technical system projects. Implementation	77477
of these systems shall allow the Department to provide greater	77478
levels of assistance to school districts and to provide more	77479
timely information to the public, including school districts,	77480
administrators, and legislators.	77481

ALTERNATIVE EDUCATION PROGRAMS

77482

There is hereby created the Alternative Education Advisory	77483
Council, which shall consist of one representative from each of	77484
the following agencies: the Ohio Department of Education; the	77485
Department of Youth Services; the Ohio Department of Alcohol and	77486
Drug Addiction Services; the Department of Mental Health; the	77487
Office of the Governor or, at the Governor's discretion, the	77488
Office of the Lieutenant Governor; the Office of the Attorney	77489
General; and the Office of the Auditor of State.	77490

Of the foregoing appropriation item 200-421, Alternative	77491
Education Programs, up to $6,227,310 in each fiscal year shall be	77492
used for the renewal of successful implementation grants and for	77493
competitive matching grants to the 21 urban school districts as	77494
defined in division (O) of section Sec. 3317.02. of the Revised Code as	77495
it existed prior to July 1, 1998, and up to $6,408,074 in each	77496
fiscal year shall be used for the renewal of successful	77497
implementation grants and for competitive matching grants to rural	77498
and suburban school districts for alternative educational programs	77499
for existing and new at-risk and delinquent youth. Programs shall	77500
be focused on youth in one or more of the following categories:	77501
those who have been expelled or suspended, those who have dropped	77502
out of school or who are at risk of dropping out of school, those	77503
who are habitually truant or disruptive, or those on probation or	77504
on parole from a Department of Youth Services facility. Grants	77505
shall be awarded according to the criteria established by the	77506
Alternative Education Advisory Council in 1999. Grants shall be	77507
awarded only to programs in which the grant will not serve as the	77508
program's primary source of funding. These grants shall be	77509
administered by the Department of Education.	77510

The Department of Education may waive compliance with any	77511
minimum education standard established under section 3301.07 of	77512
the Revised Code for any alternative school that receives a grant	77513
under this section on the grounds that the waiver will enable the	77514
program to more effectively educate students enrolled in the	77515
alternative school.	77516

Of the foregoing appropriation item 200-421, Alternative	77517
Education Programs, up to $422,281 in each fiscal year may be used	77518
for program administration, monitoring, technical assistance,	77519
support, research, and evaluation. Any unexpended balance may be	77520
used to provide additional matching grants to urban, suburban, or	77521
rural school districts as outlined above.	77522

Of the foregoing appropriation item 200-421, Alternative	77523
Education Programs, up to $475,000 in fiscal year 2006 and up	77524
$325,000 in fiscal year 2007 may be used by the Department of	77525
Education to administer the Educational Choice Scholarship Pilot	77526
Program established under section 3310.02 of the Revised Code.	77527

Of the foregoing appropriation item 200-421, Alternative	77528
Education Programs, $75,000 in each fiscal year shall be used to	77529
support the Toledo Tech Academy.	77530

Of the foregoing appropriation item 200-421, Alternative	77531
Education Programs, $100,000 in each fiscal year shall be used for	77532
the Youth Opportunities United, Inc.	77533

SCHOOL MANAGEMENT ASSISTANCE

77534

Of the foregoing appropriation item 200-422, School	77535
Management Assistance, up to $1,315,000 in each fiscal year shall	77536
be used by the Auditor of State in consultation with the	77537
Department of Education for expenses incurred in the Auditor of	77538
State's role relating to fiscal caution, fiscal watch, and fiscal	77539
emergency activities as defined in Chapter 3316. of the Revised	77540
Code and may also be used to conduct performance audits consistent	77541
with the recommendations of the Governor's Blue Ribbon Task Force	77542
on Financing Student Success, with priority given to districts in	77543
fiscal distress. Expenses include duties related to the completion	77544
of performance audits for school districts that the Superintendent	77545
of Public Instruction determines are employing fiscal practices or	77546
experiencing budgetary conditions that could produce a state of	77547
fiscal watch or fiscal emergency.	77548

The remainder of foregoing appropriation item 200-422, School	77549
Management Assistance, shall be used by the Department of	77550
Education to provide fiscal technical assistance and inservice	77551
education for school district management personnel and to	77552
administer, monitor, and implement the fiscal watch and fiscal	77553
emergency provisions under Chapter 3316. of the Revised Code.	77554

POLICY ANALYSIS

77555

The foregoing appropriation item 200-424, Policy Analysis,	77556
shall be used by the Department of Education to support a system	77557
of administrative, statistical, and legislative education	77558
information to be used for policy analysis. Staff supported by	77559
this appropriation shall administer the development of reports,	77560
analyses, and briefings to inform education policymakers of	77561
current trends in education practice, efficient and effective use	77562
of resources, and evaluation of programs to improve education	77563
results. The database shall be kept current at all times. These	77564
research efforts shall be used to supply information and analysis	77565
of data to the General Assembly and other state policymakers,	77566
including the Office of Budget and Management and the Legislative	77567
Service Commission.	77568

The Department of Education may use funding from this	77569
appropriation item to purchase or contract for the development of	77570
software systems or contract for policy studies that will assist	77571
in the provision and analysis of policy-related information.	77572
Funding from this appropriation item also may be used to monitor	77573
and enhance quality assurance for research-based policy analysis	77574
and program evaluation to enhance the effective use of education	77575
information to inform education policymakers.	77576

TECH PREP CONSORTIA SUPPORT

77577

The foregoing appropriation item 200-425, Tech Prep Consortia	77578
Support, shall be used by the Department of Education to support	77579
state-level activities designed to support, promote, and expand	77580
tech prep programs. Use of these funds shall include, but not be	77581
limited to, administration of grants, program evaluation,	77582
professional development, curriculum development, assessment	77583
development, program promotion, communications, and statewide	77584
coordination of tech prep consortia.	77585

OHIO EDUCATIONAL COMPUTER NETWORK

77586

The foregoing appropriation item 200-426, Ohio Educational	77587
Computer Network, shall be used by the Department of Education to	77588
maintain a system of information technology throughout Ohio and to	77589
provide technical assistance for such a system in support of the	77590
State Education Technology Plan under section 3301.07 of the	77591
Revised Code.	77592

Of the foregoing appropriation item 200-426, Ohio Educational	77593
Computer Network, up to $18,136,691 in each fiscal year shall be	77594
used by the Department of Education to support connection of all	77595
public school buildings and participating chartered nonpublic	77596
schools to the state's education network, to each other, and to	77597
the Internet. In each fiscal year the Department of Education	77598
shall use these funds to assist data acquisition sites or school	77599
districts with the operational costs associated with this	77600
connectivity. The Department of Education shall develop a formula	77601
and guidelines for the distribution of these funds to the data	77602
acquisition sites or individual school districts. As used in this	77603
section, "public school building" means a school building of any	77604
city, local, exempted village, or joint vocational school	77605
district, any community school established under Chapter 3314. of	77606
the Revised Code, any educational service center building used for	77607
instructional purposes, the Ohio School for the Deaf and the Ohio	77608
School for the Blind, or high schools chartered by the Ohio	77609
Department of Youth Services and high schools operated by Ohio	77610
Department of Rehabilitation and Corrections' Ohio Central School	77611
System.	77612

Of the foregoing appropriation item 200-426, Ohio Educational	77613
Computer Network, up to $1,700,000 in each fiscal year shall be	77614
used for the Union Catalog and InfOhio Network.	77615

Of the foregoing appropriation item 200-426, Ohio Educational	77616
Computer Network, up to $8,338,468 in each fiscal year shall be	77617
used, through a formula and guidelines devised by the department,	77618
to subsidize the activities of designated data acquisition sites,	77619
as defined by State Board of Education rules, to provide school	77620
districts and chartered nonpublic schools with computer-based	77621
student and teacher instructional and administrative information	77622
services, including approved computerized financial accounting,	77623
and to ensure the effective operation of local automated	77624
administrative and instructional systems.	77625

Of the foregoing appropriation item 200-426, Ohio Educational	77626
Computer Network, up to $769,223 in each fiscal year shall be used	77627
for the INFOhio Network to support the provision of electronic	77628
resources with priority given to resources that support the	77629
teaching of state academic content standards to all public	77630
schools. Consideration shall be given by the Department of	77631
Education to coordinating the allocation of these moneys with the	77632
efforts of Libraries Connect Ohio, whose members include OhioLINK,	77633
the Ohio Public Information Network, and the State Library of	77634
Ohio.	77635

The remainder of appropriation item 200-426, Ohio Educational	77636
Computer Network, shall be used to support development,	77637
maintenance, and operation of a network of uniform and compatible	77638
computer-based information and instructional systems. This	77639
technical assistance shall include, but not be restricted to,	77640
development and maintenance of adequate computer software systems	77641
to support network activities. In order to improve the efficiency	77642
of network activities, the Department and data acquisition sites	77643
may jointly purchase equipment, materials, and services from funds	77644
provided under this appropriation for use by the network and, when	77645
considered practical by the Department, may utilize the services	77646
of appropriate state purchasing agencies.	77647

ACADEMIC STANDARDS

77648

Of the foregoing appropriation item 200-427, Academic	77649
Standards, up to $747,912 in each fiscal year shall be used to	77650
provide funds to school districts that have one or more teachers	77651
participating in the teachers-on-loan program.	77652

Of the foregoing appropriation item 200-427, Academic	77653
Standards, $150,000 in each fiscal year shall be used by the	77654
Department in combination with funding earmarked for this purpose	77655
in the Board of Regents' budget under appropriation item 235-321,	77656
Operating Expenses. Such funding shall be used to support Ohio's	77657
Partnership for Continued Learning at the direction of the Office	77658
of the Governor. Ohio's Partnership for Continued Learning	77659
replaces and broadens the former Joint Council of the Department	77660
of Education and the Board of Regents. The Partnership shall	77661
advise and make recommendations to promote collaboration among	77662
relevant state entities in an effort to help local communities	77663
develop coherent and successful "P-16" learning systems. The	77664
Governor, or the Governor's designee, shall serve as the	77665
chairperson.	77666

Of the foregoing appropriation item 200-427, Academic	77667
Standards, $500,000 in each fiscal year shall be used for Project	77668
Lead the Way leadership and management oversight and initial and	77669
continuing support of Project Lead the Way workforce development	77670
programs in participating school districts. Project Lead the Way	77671
is a program that supports students interested in pursuing	77672
engineering professions and stimulates growth of career pathways	77673
that meet business and industry workforce needs.	77674

Of the foregoing appropriation item 200-427, Academic	77675
Standards, up to $2,600,000 in each fiscal year shall be used for	77676
intensive teacher professional development institutes that focus	77677
on classroom implementation of the mathematics standards.	77678

Of the foregoing appropriation item 200-427, Academic	77679
Standards, $200,000 in each fiscal year may be used to support the	77680
Ohio Resource Center for Math and Science.	77681

Of the foregoing appropriation item 200-427, Academic	77682
Standards, up to $282,000 in each fiscal year shall be used for	77683
the JASON Expedition project that provides statewide access to	77684
JASON Expedition content. Funds shall be used to provide	77685
professional development training for teachers participating in	77686
the project, statewide management, and a seventy-five per cent	77687
subsidy for statewide licensing of JASON Expedition content with	77688
priority given to content aligned with state academic content	77689
standards for approximately 90,000 middle school students	77690
statewide.	77691

The remainder of appropriation item 200-427, Academic	77692
Standards, shall be used by the Department of Education to develop	77693
and communicate to school districts academic content standards and	77694
curriculum models.	77695

Section 206.09.15. SCHOOL IMPROVEMENT INITIATIVES

77696

Of the foregoing appropriation item 200-431, School	77697
Improvement Initiatives, $300,000 in fiscal year 2006 and $450,000	77698
in fiscal year 2007 shall be used for Ohio's Rural Appalachian	77699
Leadership Development Initiative.	77700

Of the foregoing appropriation item 200-431, School	77701
Improvement Initiatives, up to $601,165 in each fiscal year shall	77702
be used by the Department of Education to contract with	77703
educational media centers to provide Ohio public schools with	77704
instructional resources and services with priority given to	77705
resources and services aligned with state academic content	77706
standards.	77707

Of the foregoing appropriation item 200-431, School	77708
Improvement Initiatives, up to $13,672,949 in fiscal year 2006 and	77709
$13,672,678 in fiscal year 2007 shall be used to provide technical	77710
assistance to school districts that are declared to be in a state	77711
of academic watch or academic emergency under section 3302.03 of	77712
the Revised Code, to provide support to districts in the	77713
development and implementation of their continuous improvement	77714
plans as required in section 3302.04 of the Revised Code, to	77715
support a statewide comprehensive system of field relations that	77716
support local educators' abilities to foster academic achievement	77717
in the students they serve, and to provide technical assistance	77718
and support in accordance with Title I of the "No Child Left	77719
Behind Act of 2001," 115 Stat. 1425, 20 U.S.C. 6317. The field	77720
relations system shall include training that assists educators,	77721
school leadership, and technical assistance providers in	77722
understanding and implementing standards-based education, data	77723
analysis, and development of assessment systems for quality	77724
instruction.	77725

Of the foregoing appropriation item 200-431, School	77726
Improvement Initiatives, up to $315,000 in each fiscal year shall	77727
be used to reduce the dropout rate by addressing the academic and	77728
social problems of inner-city students through Project GRAD.	77729

Of the foregoing appropriation item 200-431, School	77730
Improvement Initiatives, $1,574,535 in fiscal year 2006 and	77731
$2,753,985 in fiscal year 2007 shall be used in conjunction with	77732
funding provided in the Board of Regents' budget under	77733
appropriation item 235-434, College Readiness and Access, to	77734
create early college high schools, which are small, autonomous	77735
schools that blend high school and college into a coherent	77736
educational program.	77737

Of the foregoing appropriation item 200-431, School	77738
Improvement Initiatives, up to $2,935,000 in fiscal year 2006 and	77739
up to $4,935,000 in fiscal year 2007 shall be used in partnership	77740
with nonprofit groups with expertise in converting existing large	77741
urban high schools into small, personalized high schools.	77742
Districts eligible for such funding include the Urban 21 high	77743
schools, as defined in division (O) of section 3317.02 of the	77744
Revised Code as it existed prior to July 1, 1998, with priority	77745
given to those without other sources of funding for this	77746
initiative.	77747

Of the foregoing appropriation item 200-431, School	77748
Improvement Initiatives, $50,000 in each fiscal year shall be used	77749
to support the student scholarship fund for the health education	77750
program developed and delivered by Discover Health!	77751

Of the foregoing appropriation item 200-431, School	77752
Improvement Initiatives, up to $65,000 in each fiscal year shall	77753
be provided to Southern State Community College for the Pilot	77754
Post-Secondary Enrollment Options Program with Miami Trace High	77755
School.	77756

Of the foregoing appropriation item 200-431, School	77757
Improvement Initiatives, $1,000,000 in each fiscal year shall be	77758
used to support Jobs for Ohio Graduates (JOG). The Department of	77759
Education shall require a two-to-one match of private funding to	77760
state funding before releasing these funds to JOG.	77761

READING/WRITING IMPROVEMENT-PROFESSIONAL DEVELOPMENT

77762

Of the foregoing appropriation item 200-433, Reading/Writing	77763
Improvement-Professional Development, up to $9,790,000 in each	77764
fiscal year shall be used for educator training in literacy for	77765
classroom teachers, administrators, and literacy specialists.	77766

Of the foregoing appropriation item 200-433, Reading/Writing	77767
Improvement-Professional Development, up to $5,000,000 in each	77768
fiscal year shall be used to support literacy professional	77769
development partnerships between the Department of Education,	77770
higher education institutions, literacy networks, and school	77771
districts.	77772

Of the foregoing appropriation item 200-433, Reading/Writing	77773
Improvement–Professional Development, up to $900,000 in each	77774
fiscal year shall be used by the Department of Education to fund	77775
the Reading Recovery Training Network, to cover the cost of	77776
release time for the teacher trainers, and to provide grants to	77777
districts to implement other reading improvement programs on a	77778
pilot basis. Funds from this set-aside also may be used to conduct	77779
evaluations of the impact and effectiveness of Reading Recovery	77780
and other reading improvement programs.	77781

Of the foregoing appropriation item 200-433, Reading/Writing	77782
Improvement-Professional Development, up to $250,000 in each	77783
fiscal year shall be used for the Waterford Early Reading Program.	77784

The remainder of appropriation item 200-433, Reading/Writing	77785
Improvement-Professional Development, shall be used by the	77786
Department of Education to provide administrative support of	77787
literacy professional development programs.	77788

STUDENT ASSESSMENT

77789

The foregoing appropriation item 200-437, Student Assessment,	77790
shall be used to develop, field test, print, distribute, score,	77791
report results, and support other associated costs for the tests	77792
required under sections 3301.0710 and 3301.0711 of the Revised	77793
Code and for similar purposes as required by section 3301.27 of	77794
the Revised Code.	77795

ACCOUNTABILITY/REPORT CARDS

77796

Of the foregoing appropriation item 200-439,	77797
Accountability/Report Cards, up to $200,100 in fiscal year 2006	77798
and up to $2,778,540 in fiscal year 2007 shall be used by the	77799
Department of Education to incorporate a statewide pilot	77800
value-added progress dimension into performance ratings for school	77801
districts and to train regional specialists. This funding shall be	77802
used in consultation with a credible nonprofit organization with	77803
expertise in value-added progress dimensions.	77804

The remainder of the appropriation item 200-439,	77805
Accountability/Report Cards, shall be used for the development of	77806
an accountability system that includes the preparation and	77807
distribution of school report cards under section 3302.03 of the	77808
Revised Code.	77809

CHILD CARE LICENSING

77810

The foregoing appropriation item 200-442, Child Care	77811
Licensing, shall be used by the Department of Education to license	77812
and to inspect preschool and school-age child care programs under	77813
sections 3301.52 to 3301.59 of the Revised Code.	77814

OHIOREADS VOLUNTEER SUPPORT

77815

The foregoing appropriation item 200-445, OhioReads Volunteer	77816
Support, may be allocated by the Department of Education for	77817
volunteer coordinators in public school buildings, for background	77818
checks for volunteers, to evaluate programs, and to develop,	77819
implement, and support literacy improvement activities and	77820
interventions for students in grades kindergarten through twelve.	77821

Section 206.09.18. EDUCATION MANAGEMENT INFORMATION SYSTEM

77822

The foregoing appropriation item 200-446, Education	77823
Management Information System, shall be used by the Department of	77824
Education to improve the Education Management Information System	77825
(EMIS).	77826

Of the foregoing appropriation item 200-446, Education	77827
Management Information System, up to $1,295,857 in each fiscal	77828
year shall be distributed to designated data acquisition sites for	77829
costs relating to processing, storing, and transferring data for	77830
the effective operation of the EMIS. These costs may include, but	77831
are not limited to, personnel, hardware, software development,	77832
communications connectivity, professional development, and support	77833
services, and to provide services to participate in the State	77834
Education Technology Plan pursuant to section 3301.07 of the	77835
Revised Code.	77836

Of the foregoing appropriation item 200-446, Education	77837
Management Information System, up to $8,055,189 in each fiscal	77838
year shall be distributed on a per-pupil basis to school	77839
districts, community schools established under Chapter 3314. of	77840
the Revised Code, educational service centers, joint vocational	77841
school districts, and any other education entity that reports data	77842
through EMIS. From this funding, each school district or community	77843
school established under Chapter 3314. of the Revised Code with	77844
enrollment greater than 100 students and each vocational school	77845
district shall receive a minimum of $5,000 in each fiscal year.	77846
Each school district or community school established under Chapter	77847
3314. of the Revised Code with enrollment between one and one	77848
hundred and each educational service center and each county board	77849
of MR/DD that submits data through EMIS shall receive $3,000 in	77850
each fiscal year. This subsidy shall be used for costs relating to	77851
reporting, processing, storing, transferring, and exchanging data	77852
necessary to meet requirements of the Department of Education's	77853
data system.	77854

The remainder of appropriation item 200-446, Education	77855
Management Information System, shall be used to develop and	77856
support a common core of data definitions and standards as adopted	77857
by the Education Data Advisory Council, including the ongoing	77858
development and maintenance of the data dictionary and data	77859
warehouse. In addition, such funds shall be used to support the	77860
development and implementation of data standards and the design,	77861
development, and implementation of a new data exchange system.	77862

Any provider of software meeting the standards approved by	77863
the Education Data Advisory Council shall be designated as an	77864
approved vendor and may enter into contracts with local school	77865
districts, community schools, data acquisition centers, or other	77866
educational entities for the purpose of collecting and managing	77867
data required under Ohio's education management information system	77868
(EMIS) laws. On an annual basis, the Department of Education shall	77869
convene an advisory group of school districts, community schools,	77870
and other education-related entities to review the Education	77871
Management Information System data definitions and data format	77872
standards. The advisory group shall recommend changes and	77873
enhancements based upon surveys of its members, education agencies	77874
in other states, and current industry practices, to reflect best	77875
practices, align with federal initiatives, and meet the needs of	77876
school districts.	77877

School districts and community schools not implementing a	77878
common and uniform set of data definitions and data format	77879
standards for Education Management Information System purposes	77880
shall have all EMIS funding withheld until they are in compliance.	77881

GED TESTING

77882

The foregoing appropriation item 200-447, GED Testing, shall	77883
be used to provide General Educational Development (GED) testing	77884
at no cost to applicants, under rules adopted by the State Board	77885
of Education. The Department of Education shall reimburse school	77886
districts and community schools, created under Chapter 3314. of	77887
the Revised Code, for a portion of the costs incurred in providing	77888
summer instructional or intervention services to students who have	77889
not graduated because of their inability to pass one or more parts	77890
of the state's Ohio Graduation Test or ninth grade proficiency	77891
test. School districts shall also provide such services to	77892
students who are residents of the district under section 3313.64	77893
of the Revised Code, but who are enrolled in chartered, nonpublic	77894
schools. The services shall be provided in the public school, in	77895
nonpublic schools, in public centers, or in mobile units located	77896
on or off the nonpublic school premises. No school district shall	77897
provide summer instructional or intervention services to nonpublic	77898
school students as authorized by this section unless such services	77899
are available to students attending the public schools within the	77900
district. No school district shall provide services for use in	77901
religious courses, devotional exercises, religious training, or	77902
any other religious activity. Chartered, nonpublic schools shall	77903
pay for any unreimbursed costs incurred by school districts for	77904
providing summer instruction or intervention services to students	77905
enrolled in chartered, nonpublic schools. School districts may	77906
provide these services to students directly or contract with	77907
postsecondary or nonprofit community-based institutions in	77908
providing instruction.	77909

EDUCATOR PREPARATION

77910

Of the foregoing appropriation item 200-448, Educator	77911
Preparation, $100,000 in each fiscal year shall be provided in	77912
conjunction with funding in the Board of Regents' budget under	77913
appropriation item 235-435, Teacher Improvement Initiatives, to	77914
the Teacher Quality Partnership project. The Teacher Quality	77915
Partnership is a research consortium of Ohio's fifty colleges and	77916
universities providing teacher preparation programs. Funds shall	77917
be used to support a comprehensive longitudinal study of the	77918
preparation, in-school support, and effectiveness of Ohio	77919
teachers.	77920

Of the foregoing appropriation item 200-448, Educator	77921
Preparation, up to $1,551,000 in each fiscal year shall be used by	77922
the Department to support the Educator Standards Board under	77923
section 3319.61 of the Revised Code as it develops and recommends	77924
to the State Board of Education standards for educator training	77925
and standards for teacher and other school leadership positions.	77926

COMMUNITY SCHOOLS

77927

Of the foregoing appropriation item 200-455, Community	77928
Schools, up to $1,308,661 in each fiscal year may be used by the	77929
Department of Education for additional services and	77930
responsibilities under section 3314.11 of the Revised Code.	77931

Of the foregoing appropriation item 200-455, Community	77932
Schools, up to $225,000 in each fiscal year may be used by the	77933
Department of Education for developing and conducting training	77934
sessions for sponsors and prospective sponsors of community	77935
schools as prescribed in division (A)(1) of section 3314.015 of	77936
the Revised Code. In developing the training sessions, the	77937
Department shall collect and disseminate examples of best	77938
practices used by sponsors of independent charter schools in Ohio	77939
and other states.	77940

The remaining appropriation may be used by the Department of	77941
Education to make grants of up to $50,000 to each proposing group	77942
with a preliminary agreement obtained under division (C)(2) of	77943
section 3314.02 of the Revised Code in order to defray planning	77944
and initial start-up costs. In the first year of operation of a	77945
community school, the Department of Education may make a grant of	77946
not more than $100,000 to the governing authority of the school to	77947
partially defray additional start-up costs. The amount of the	77948
grant shall be based on a thorough examination of the needs of the	77949
community school. The Department of Education shall not utilize	77950
moneys received under this section for any other purpose other	77951
than those specified under this section.	77952

A community school awarded start-up grants from appropriation	77953
item 200-613, Public Charter Schools (Fund 3T4), shall not be	77954
eligible for grants under this section.	77955

Section 206.09.21. PUPIL TRANSPORTATION

77956

Of the foregoing appropriation item 200-502, Pupil	77957
Transportation, up to $822,400 in each fiscal year may be used by	77958
the Department of Education for training prospective and	77959
experienced school bus drivers in accordance with training	77960
programs prescribed by the Department. Up to $58,115,428 in fiscal	77961
year 2006 and up to $59,277,737 in fiscal year 2007 may be used by	77962
the Department of Education for special education transportation	77963
reimbursements to school districts and county MR/DD boards for	77964
transportation operating costs as provided in division (M) of	77965
section 3317.024 of the Revised Code. The remainder of	77966
appropriation item 200-502, Pupil Transportation, shall be used	77967
for the state reimbursement of public school districts' costs in	77968
transporting pupils to and from the school they attend in	77969
accordance with the district's policy, State Board of Education	77970
standards, and the Revised Code.	77971

Notwithstanding the distribution formula outlined in division	77972
(D) of section 3317.022 of the Revised Code, each school district	77973
shall receive an additional two per cent in state funding for	77974
transportation in fiscal year 2006 over what was received in	77975
fiscal year 2005, and the local share of transportation costs that	77976
is used in the calculation of the charge-off supplement and excess	77977
cost supplement for each school district in fiscal year 2006 shall	77978
be increased by two per cent from that used in calculations in	77979
fiscal year 2005.	77980

Notwithstanding the distribution formula outlined in division	77981
(D) of section 3317.022 of the Revised Code, each school district	77982
shall receive an additional two per cent in state funding for	77983
transportation in fiscal year 2007 over what was received in	77984
fiscal year 2006, and the local share of transportation costs that	77985
is used in the calculation of the charge-off supplement and excess	77986
cost supplement for each school district in fiscal year 2007 shall	77987
be increased by two per cent from that used in calculations in	77988
fiscal year 2006.	77989

The Department of Education shall recommend a new formula for	77990
allocating state funds for transportation costs. The Department	77991
shall submit the recommendation to the Director of Budget and	77992
Management, the Speaker of the House of Representatives, and the	77993
President of the Senate not later than July 1, 2006.	77994

School districts not receiving state funding for	77995
transportation in fiscal year 2005 under division (D) of section	77996
3317.022 of the Revised Code shall not receive state funding for	77997
transportation in fiscal year 2006 or fiscal year 2007.	77998

BUS PURCHASE ALLOWANCE

77999

The foregoing appropriation item 200-503, Bus Purchase	78000
Allowance, shall be distributed to school districts, educational	78001
service centers, and county MR/DD boards pursuant to rules adopted	78002
under section 3317.07 of the Revised Code. Up to 28 per cent of	78003
the amount appropriated may be used to reimburse school districts	78004
and educational service centers for the purchase of buses to	78005
transport handicapped and nonpublic school students and to county	78006
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	78007
for the Blind for the purchase of buses to transport handicapped	78008
students.	78009

SCHOOL LUNCH MATCH

78010

The foregoing appropriation item 200-505, School Lunch Match,	78011
shall be used to provide matching funds to obtain federal funds	78012
for the school lunch program.	78013

Section 206.09.24. ADULT LITERACY EDUCATION

78014

The foregoing appropriation item 200-509, Adult Literacy	78015
Education, shall be used to support adult basic and literacy	78016
education instructional programs and the State Literacy Resource	78017
Center Program.	78018

Of the foregoing appropriation item 200-509, Adult Literacy	78019
Education, up to $488,037 in each fiscal year shall be used for	78020
the support and operation of the State Literacy Resource Center.	78021

Of the foregoing appropriation item 200-509, Adult Literacy	78022
Education, up to $175,000 in each fiscal year shall be used for	78023
state reimbursement to school districts for adult high school	78024
continuing education programs under section 3313.531 of the	78025
Revised Code or for costs associated with awarding adult high	78026
school diplomas under section 3313.611 of the Revised Code.	78027

Of the foregoing appropriation item 200-509, Adult Literacy	78028
Education, $130,000 in each fiscal year shall be used to support	78029
initiatives for English as a Second Language programs. Funding	78030
shall be distributed as follows: $60,000 in each fiscal year for	78031
Jewish Community Federation of Cleveland, $25,000 in each fiscal	78032
year for Yassenoff Jewish Community Center of Columbus, $30,000 in	78033
each fiscal year for Jewish Family Services of Cincinnati, and	78034
$15,000 in each fiscal year for Jewish Family Services of Dayton.	78035

The remainder of the appropriation shall be used to continue	78036
to satisfy the state match and maintenance of effort requirements	78037
for the support and operation of the Department of	78038
Education-administered instructional grant program for adult basic	78039
and literacy education in accordance with the Department's state	78040
plan for adult basic and literacy education as approved by the	78041
State Board of Education and the Secretary of the United States	78042
Department of Education.	78043

AUXILIARY SERVICES

78044

The foregoing appropriation item 200-511, Auxiliary Services,	78045
shall be used by the Department of Education for the purpose of	78046
implementing section 3317.06 of the Revised Code. Of the	78047
appropriation, up to $2,000,000 in each fiscal year may be used	78048
for payment of the Post-Secondary Enrollment Options Program for	78049
nonpublic students under section 3365.10 of the Revised Code.	78050

POSTSECONDARY ADULT CAREER-TECHNICAL EDUCATION

78051

Of the foregoing appropriation item 200-514, Postsecondary	78052
Adult Career-Technical Education, $40,000 in each fiscal year	78053
shall be used for statewide coordination of the activities of the	78054
Ohio Young Farmers.	78055

The remainder of appropriation item 200-514, Postsecondary	78056
Adult Career-Technical Education, shall be used by the State Board	78057
of Education to provide postsecondary adult career-technical	78058
education under sections 3313.52 and 3313.53 of the Revised Code.	78059

Section 206.09.27. GIFTED PUPIL PROGRAM

78060

The foregoing appropriation item 200-521, Gifted Pupil	78061
Program, shall be used for gifted education units not to exceed	78062
1,110 in each fiscal year under division (P) of section 3317.024	78063
and division (F) of section 3317.05 of the Revised Code.	78064

Of the foregoing appropriation item 200-521, Gifted Pupil	78065
Program, up to $4,700,000 in each fiscal year may be used as an	78066
additional supplement for identifying gifted students under	78067
Chapter 3324. of the Revised Code.	78068

Of the foregoing appropriation item 200-521, Gifted Pupil	78069
Program, the Department of Education may expend up to $940,000 in	78070
each fiscal year for the Summer Honors Institute for gifted	78071
freshman and sophomore high school students. Up to $65,800 in each	78072
fiscal year shall be used for the Ohio Summer School for the	78073
Gifted (Martin Essex Program).	78074

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

78075

The foregoing appropriation item 200-532, Nonpublic	78076
Administrative Cost Reimbursement, shall be used by the Department	78077
of Education for the purpose of implementing section 3317.063 of	78078
the Revised Code.	78079

Section 206.09.30. SPECIAL EDUCATION ENHANCEMENTS

78080

Of the foregoing appropriation item 200-540, Special	78081
Education Enhancements, up to $46,357,775 in fiscal year 2006 and	78082
up to $46,826,353 in fiscal year 2007 shall be used to fund	78083
special education and related services at county boards of mental	78084
retardation and developmental disabilities for eligible students	78085
under section 3317.20 of the Revised Code and at institutions for	78086
eligible students under section 3317.201 of the Revised Code.	78087

Of the foregoing appropriation item 200-540, Special	78088
Education Enhancements, up to $2,906,875 in each fiscal year shall	78089
be used for home instruction for children with disabilities; up to	78090
$1,462,500 in each fiscal year shall be used for parent mentoring	78091
programs; and up to $2,408,396 in each fiscal year may be used for	78092
school psychology interns.	78093

Of the foregoing appropriation item 200-540, Special	78094
Education Enhancements, $750,000 in each fiscal year shall be used	78095
for the Out of School Initiative of Sinclair Community College.	78096

Of the foregoing appropriation item 200-540, Special	78097
Education Enhancements, $200,000 shall be used for a preschool	78098
special education pilot program in Bowling Green City School	78099
District.	78100

Of the foregoing appropriation item 200-540, Special	78101
Education Enhancements, $100,000 in each fiscal year shall be used	78102
to support the Bellefaire Jewish Children's Bureau.	78103

Of the foregoing appropriation item 200-540, Special	78104
Education Enhancements, up to $79,194,060 in fiscal year 2006 and	78105
up to $79,986,001 in fiscal year 2007 shall be distributed by the	78106
Department of Education to county boards of mental retardation and	78107
developmental disabilities, educational service centers, and	78108
school districts for preschool special education units and	78109
preschool supervisory units under section 3317.052 of the Revised	78110
Code. The Department may reimburse county boards of mental	78111
retardation and developmental disabilities, educational service	78112
centers, and school districts for related services as defined in	78113
rule 3301-51-11 of the Administrative Code, for preschool	78114
occupational and physical therapy services provided by a physical	78115
therapy assistant and certified occupational therapy assistant,	78116
and for an instructional assistant. To the greatest extent	78117
possible, the Department of Education shall allocate these units	78118
to school districts and educational service centers.	78119

No physical therapy assistant who provides services under	78120
this section shall fail to practice in accordance with the	78121
requirements of Chapter 4755. of the Revised Code and rules	78122
4755-27-02 and 4755-27-03 of the Administrative Code. No	78123
occupational therapy assistant who provides services under this	78124
section shall fail to practice in accordance with the requirements	78125
of Chapter 4755. of the Revised Code and rules 4755-7-01 and	78126
4755-7-03 of the Administrative Code.	78127

The Department of Education shall require school districts,	78128
educational service centers, and county MR/DD boards serving	78129
preschool children with disabilities to document child progress	78130
using research-based indicators prescribed by the Department and	78131
report results annually. The reporting dates and method shall be	78132
determined by the Department.	78133

Section 206.09.33. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

78134

Of the foregoing appropriation item 200-545, Career-Technical	78135
Education Enhancements, up to $2,436,070 in each fiscal year shall	78136
be used to fund grants for career-technical education at	78137
institutions under division (C) of section 3317.052 of the Revised	78138
Code.	78139

Of the foregoing appropriation item 200-545, Career-Technical	78140
Education Enhancements, up to $2,621,507 in each fiscal year shall	78141
be used by the Department of Education to fund competitive grants	78142
to tech prep consortia that expand the number of students enrolled	78143
in tech prep programs. These grant funds shall be used to directly	78144
support expanded tech prep programs, including equipment, provided	78145
to students enrolled in school districts, including joint	78146
vocational school districts, and affiliated higher education	78147
institutions.	78148

Of the foregoing appropriation item 200-545, Career-Technical	78149
Education Enhancements, $943,873 in fiscal year 2006 shall be used	78150
to provide an amount to each eligible school district for the	78151
replacement or updating of equipment essential for the instruction	78152
of students in job skills taught as part of a career-technical	78153
program or programs approved for such instruction by the State	78154
Board of Education. School districts replacing or updating	78155
career-technical education equipment may purchase or lease such	78156
equipment. The Department of Education shall review and approve	78157
all equipment requests and may allot appropriated funds to	78158
eligible school districts on the basis of the number of full-time	78159
equivalent workforce development teachers in all eligible	78160
districts making application for funds.	78161

The State Board of Education may adopt standards of need for	78162
equipment allocation. Pursuant to the adoption of any such	78163
standards of need by the State Board of Education, appropriated	78164
funds may be allotted to eligible districts according to such	78165
standards. Equipment funds allotted under either process shall be	78166
provided to a school district at 30, 40, or 50 per cent of cost on	78167
the basis of a rating developed by the Department of Education	78168
using the state share percentage as provided in division (B)(2) of	78169
section 3317.022 of the Revised Code.	78170

Of the foregoing appropriation item 200-545, Career-Technical	78171
Education Enhancements, up to $3,401,000 in each fiscal year shall	78172
be used by the Department of Education to support existing High	78173
Schools That Work (HSTW) sites, develop and support new sites,	78174
fund technical assistance, and support regional centers and middle	78175
school programs. The purpose of HSTW is to combine challenging	78176
academic courses and modern career-technical studies to raise the	78177
academic achievement of students. HSTW provides intensive	78178
technical assistance, focused staff development, targeted	78179
assessment services, and ongoing communications and networking	78180
opportunities.	78181

Of the foregoing appropriation item 200-545, Career-Technical	78182
Education Enhancements, up to $466,992 in each fiscal year shall	78183
be allocated for the Ohio Career Information System (OCIS) and	78184
used for the dissemination of career information data to public	78185
schools, libraries, rehabilitation centers, two- and four-year	78186
colleges and universities, and other governmental units.	78187

Of the foregoing appropriation item 200-545, Career-Technical	78188
Educational Enhancements, up to $300,000 in each fiscal year shall	78189
be used by the Department of Education to enable students in	78190
agricultural programs to enroll in a fifth quarter of instruction	78191
based on the agricultural education model of delivering work-based	78192
learning through supervised agricultural experience. The	78193
Department of Education shall determine eligibility criteria and	78194
the reporting process for the Agriculture 5th Quarter Project and	78195
shall fund as many programs as possible given the $270,000 set	78196
aside.	78197

Section 206.09.36. FOUNDATION FUNDING

78198

The foregoing appropriation item 200-550, Foundation Funding,	78199
includes $85,000,000 in each fiscal year for the state education	78200
aid offset due to the change in public utility valuation as a	78201
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	78202
General Assembly. This amount represents the total state education	78203
aid offset due to the valuation change for school districts and	78204
joint vocational school districts from all relevant appropriation	78205
line item sources. Upon certification by the Department of	78206
Education, in consultation with the Department of Taxation, to the	78207
Director of Budget and Management of the actual state aid offset,	78208
the cash transfer from fund 053, appropriation item 200-900,	78209
School District Property Tax Replacement - Utility, shall be	78210
decreased or increased by the Director of Budget and Management to	78211
match the certification in accordance with section 5727.84 of the	78212
Revised Code.	78213

Of the foregoing appropriation item 200-550, Foundation	78214
Funding, up to $425,000 shall be expended in each fiscal year for	78215
court payments under section 2151.357 of the Revised Code; an	78216
amount shall be available in each fiscal year for the cost of	78217
reappraisal guarantee under section 3317.04 of the Revised Code;	78218
an amount shall be available in each fiscal year to fund up to 225	78219
full-time equivalent approved GRADS teacher grants under division	78220
(R) of section 3317.024 of the Revised Code; an amount shall be	78221
available in each fiscal year to make payments to school districts	78222
under division (A)(2) of section 3317.022 of the Revised Code; an	78223
amount shall be available in each fiscal year to make payments to	78224
school districts under division (F) of section 3317.022 of the	78225
Revised Code; an amount shall be available in each fiscal year to	78226
make payments to school districts under division (C) of section	78227
3317.0212 of the Revised Code; and up to $30,000,000 in each	78228
fiscal year shall be reserved for payments under sections	78229
3317.026, 3317.027, and 3317.028 of the Revised Code except that	78230
the Controlling Board may increase the $30,000,000 amount if	78231
presented with such a request from the Department of Education. Of	78232
the foregoing appropriation item 200-550, Foundation Funding, up	78233
to $18,000,000 in fiscal year 2006 and up to $19,000,000 in fiscal	78234
year 2007 shall be used to provide additional state aid to school	78235
districts for special education students under division (C)(3) of	78236
section 3317.022 of the Revised Code; up to $2,000,000 in each	78237
fiscal year shall be reserved for Youth Services tuition payments	78238
under section 3317.024 of the Revised Code; and up to $52,000,000	78239
in each fiscal year shall be reserved to fund the state	78240
reimbursement of educational service centers under section 3317.11	78241
of the Revised Code and the section of this act entitled	78242
"EDUCATIONAL SERVICE CENTERS FUNDING." An amount shall be	78243
available for special education weighted funding under division	78244
(C)(1) of section 3317.022 and division (D)(1) of section 3317.16	78245
of the Revised Code.	78246

Of the foregoing appropriation item 200-550, Foundation	78247
Funding, an amount shall be available in each fiscal year to be	78248
used by the Department of Education for transitional aid for	78249
school districts and joint vocational school districts. Funds	78250
shall be distributed under the sections of this act entitled	78251
"TRANSITIONAL AID FOR CITY, LOCAL, AND EXEMPTED VILLAGE SCHOOL	78252
DISTRICTS" AND "TRANSITIONAL AID FOR JOINT VOCATIONAL SCHOOL	78253
DISTRICTS."	78254

Of the foregoing appropriation item 200-550, Foundation	78255
Funding, up to $1,000,000 in each fiscal year shall be used by the	78256
Department of Education for a program to pay for educational	78257
services for youth who have been assigned by a juvenile court or	78258
other authorized agency to any of the facilities described in	78259
division (A) of the section of this act entitled "PRIVATE	78260
TREATMENT FACILITY PROJECT."	78261

Of the foregoing appropriation item 200-550, Foundation	78262
Funding, up to $3,700,000 in each fiscal year shall be used for	78263
school breakfast programs. Of this amount, up to $900,000 shall be	78264
used in each fiscal year by the Department of Education to	78265
contract with the Children's Hunger Alliance to expand access to	78266
child nutrition programs consistent with the organization's	78267
continued ability to meet specified performance measures as	78268
detailed in the contract. Of this amount, the Children's Hunger	78269
Alliance shall use at least $150,000 in each fiscal year to	78270
subcontract with an appropriate organization or organizations to	78271
expand summer food participation in underserved areas of the	78272
state, consistent with those organizations' continued ability to	78273
meet specified performance measures as detailed in the	78274
subcontracts. The remainder of the appropriation shall be used to	78275
partially reimburse school buildings within school districts that	78276
are required to have a school breakfast program under section	78277
3313.813 of the Revised Code, at a rate decided by the Department.	78278

Of the foregoing appropriation item 200-550, Foundation	78279
Funding, up to $7,300,000 in fiscal year 2006 and up to $8,600,000	78280
in fiscal year 2007 shall be used to operate the school choice	78281
program in the Cleveland Municipal School District under sections	78282
3313.974 to 3313.979 of the Revised Code.	78283

Of the portion of the funds distributed to the Cleveland	78284
Municipal School District under this section, up to $11,901,887 in	78285
each fiscal year shall be used to operate the school choice	78286
program in the Cleveland Municipal School District under sections	78287
3313.974 to 3313.979 of the Revised Code.	78288

The remaining portion of appropriation item 200-550,	78289
Foundation Funding, shall be expended for the public schools of	78290
city, local, exempted village, and joint vocational school	78291
districts, including base cost funding, special education speech	78292
service enhancement funding, career-technical education weight	78293
funding, career-technical education associated service funding,	78294
guarantee funding, teacher training and experience funding,	78295
poverty-based assistance, parity aid, charge-off supplement, and	78296
excess cost supplement under sections 3317.022, 3317.023,	78297
3317.029, 3317.0212, 3317.0216, 3317.0217, and 3317.16 of the	78298
Revised Code.	78299

Appropriation items 200-502, Pupil Transportation, 200-521,	78300
Gifted Pupil Program, 200-540, Special Education Enhancements, and	78301
200-550, Foundation Funding, other than specific set-asides, are	78302
collectively used in each fiscal year to pay state formula aid	78303
obligations for school districts and joint vocational school	78304
districts under Chapter 3317. of the Revised Code. The first	78305
priority of these appropriation items, with the exception of	78306
specific set-asides, is to fund state formula aid obligations	78307
under Chapter 3317. of the Revised Code. It may be necessary to	78308
reallocate funds among these appropriation items or use excess	78309
funds from other general revenue fund appropriation items in the	78310
Department of Education's budget in each fiscal year, in order to	78311
meet state formula aid obligations. If it is determined that it is	78312
necessary to transfer funds among these appropriation items or to	78313
transfer funds from other General Revenue Fund appropriations in	78314
the Department of Education's budget to meet state formula aid	78315
obligations, the Department of Education shall seek approval from	78316
the Controlling Board to transfer funds as needed.	78317

Section 206.09.37. DISTRICT SPENDING REQUIREMENTS

78318

The Department of Education shall review district spending	78319
requirements as specified in section 3317.029 of the Revised Code	78320
and shall submit a report recommending modifications by March 31,	78321
2007. Copies of the report shall be provided to the Director of	78322
Budget and Management, the Speaker of the House of	78323
Representatives, and the President of the Senate. The	78324
recommendations shall include decreasing degrees of flexibility of	78325
spending for districts not meeting adequate progress standards as	78326
defined by the Department of Education. Recommendations shall also	78327
specifically review the definition of class size reduction in	78328
division (J)(7) of section 3317.029 of the Revised Code. The	78329
reports submitted by school districts under the section of this	78330
act entitled "INTERVENTION FUNDING" shall be used to inform these	78331
recommendations.	78332

Section 206.09.39. TRANSITIONAL AID FOR CITY, LOCAL, AND	78333
EXEMPTED VILLAGE SCHOOL DISTRICTS	78334

(A) The Department of Education shall distribute funds within	78335
appropriation item 200-550, Foundation Funding, for transitional	78336
aid in each fiscal year to each qualifying city, local, and	78337
exempted village school district.	78338

In fiscal years 2006 and 2007, the Department shall pay	78339
transitional aid to each city, local, or exempted village school	78340
district that experiences any decrease in its SF-3 funding plus	78341
charge-off supplement for the current fiscal year from its SF-3	78342
funding plus charge-off supplement for the previous fiscal year.	78343
The amount of the transitional aid payment shall equal the	78344
difference between the district's SF-3 funding plus charge-off	78345
supplement for the current fiscal year and its SF-3 funding plus	78346
charge-off supplement for the previous fiscal year.	78347

(B)(1) Subject to divisions (B)(2) and (3) of this section,	78348
the "SF-3 funding plus charge-off supplement" for each city,	78349
local, and exempted village school district in fiscal years 2006	78350
and 2007 equals the sum of the following:	78351

(a) Base-cost funding under division (A) of section 3317.022	78352
of the Revised Code;	78353

(b) Special education and related services additional	78354
weighted funding under division (C)(1) of section 3317.022 of the	78355
Revised Code;	78356

(c) Speech services funding under division (C)(4) of section	78357
3317.022 of the Revised Code;	78358

(d) Vocational education additional weighted funding under	78359
division (E) of section 3317.022 of the Revised Code;	78360

(e) GRADS funding under division (R) of section 3317.024 of	78361
the Revised Code;	78362

(f) Adjustments for classroom teachers and educational	78363
service personnel under divisions (B), (C), and (D) of section	78364
3317.023 of the Revised Code;	78365

(g) Poverty-Based Assistance under section 3317.029 of the	78366
Revised Code;	78367

(h) Gifted education units under section 3317.05 of the	78368
Revised Code;	78369

(i) Transportation under the section of this act entitled	78370
"PUPIL TRANSPORTATION";	78371

(j) The excess cost supplement under division (F) of section	78372
3317.022 of the Revised Code;	78373

(k) Parity aid under section 3317.0217 of the Revised Code;

78374

(l) The reappraisal guarantee under division (C) of section	78375
3317.04 of the Revised Code;	78376

(m) The charge-off supplement under section 3317.0216 of the	78377
Revised Code.	78378

(2) For purposes of calculating transitional aid in fiscal	78379
year 2006, a district's fiscal year 2005 SF-3 funding plus	78380
charge-off supplement is the difference of (a) the sum of the	78381
amounts described in divisions (A) to (O) of Section 41.37 of Am.	78382
Sub. H.B. 95 of the 125th General Assembly, as amended, plus any	78383
transitional aid paid to the district under that section, that the	78384
district actually received in fiscal year 2005 minus (b) the	78385
amount of parity aid and the amount of disadvantaged pupil impact	78386
aid deducted that year under division (C)(6) of section 3314.08 of	78387
the Revised Code, as that section existed that year, and Section	78388
16 of Am. Sub. S.B. 2 of the 125th General Assembly on behalf of	78389
students entitled to attend school in the district who were	78390
enrolled in Internet- and community-based computer schools. For	78391
purposes of calculating transitional aid in fiscal year 2007, a	78392
district's fiscal year 2006 SF-3 funding plus charge-off	78393
supplement is the sum of the amounts described in divisions	78394
(B)(1)(a) to (n) of this section, plus any transitional aid paid	78395
to the district under this section, that the district actually	78396
received in fiscal year 2006.	78397

(3) The SF-3 funding plus charge-off supplement in each	78398
fiscal year for each district is the sum of the amounts specified	78399
in divisions (B)(1)(a) to (n) and (B)(2) of this section less any	78400
general revenue fund spending reductions ordered by the Governor	78401
under section 126.05 of the Revised Code.	78402

(C)(1) When calculating the reappraisal guarantee under	78403
division (C) or (D) of section 3317.04 of the Revised Code in	78404
fiscal year 2006, the Department shall:	78405

(a) Include in a school district's fiscal year 2005 payments	78406
any transitional aid paid to the district in fiscal year 2005	78407
under Section 41.37 of Am. Sub. H.B. 95 of the 125th General	78408
Assembly, as amended;	78409

(b) Subtract from a school district's fiscal year 2005	78410
payments the amount of parity aid and the amount of disadvantaged	78411
pupil impact aid deducted that year under division (C)(6) of	78412
section 3314.08 of the Revised Code, as that section existed that	78413
year, and Section 16 of Am. Sub. S.B. 2 of the 125th General	78414
Assembly on behalf of students entitled to attend school in the	78415
district who were enrolled in Internet- and community-based	78416
computer schools.	78417

(2) When calculating the reappraisal guarantee under division	78418
(C) or (D) of section 3317.04 of the Revised Code in fiscal year	78419
2007, the Department shall include in a school district's fiscal	78420
year 2006 payments any transitional aid paid to the district in	78421
fiscal year 2006 under this section.	78422

(3) When calculating the reappraisal guarantee under division	78423
(C) or (D) of section 3317.04 of the Revised Code in fiscal year	78424
2008, the Department shall include in a school district's fiscal	78425
year 2007 payments any transitional aid paid to the district in	78426
fiscal year 2007 under this section.	78427

Section 206.09.42. TRANSITIONAL AID FOR JOINT VOCATIONAL	78428
SCHOOL DISTRICTS	78429

(A) The Department of Education shall distribute funds within	78430
appropriation item 200-550, Foundation Funding, for transitional	78431
aid in each fiscal year to each joint vocational school district	78432
that experiences a decrease in its joint vocational funding for	78433
the current fiscal year exceeding 2% of its joint vocational	78434
funding from the previous fiscal year. The Department shall	78435
distribute to each such district transitional aid in an amount to	78436
reduce the decrease to 2% of the district's joint vocational	78437
funding from the previous fiscal year.	78438

(B)(1) Subject to divisions (B)(2) and (3) of this section, a	78439
district's joint vocational funding equals the sum of the	78440
following:	78441

(a) Base-cost funding under division (B) of section 3317.16	78442
of the Revised Code;	78443

(b) Special education and related services additional	78444
weighted funding under division (D)(1) of section 3317.16 of the	78445
Revised Code;	78446

(c) Speech services funding under division (D)(2) of section	78447
3317.16 of the Revised Code;	78448

(d) Vocational education additional weighted funding under	78449
division (C) of section 3317.16 of the Revised Code;	78450

(e) GRADS funding under division (R) of section 3317.024 of	78451
the Revised Code;	78452

(f) The state aid guarantee under division (H) of section	78453
3317.16 of the Revised Code.	78454

(2) For purposes of calculating transitional aid in fiscal	78455
year 2007, a district's fiscal year 2006 joint vocational funding	78456
is the sum of the amounts described in divisions (B)(1)(a) to (f)	78457
of this section, plus any transitional aid paid to the district	78458
under this section, that the district actually received in fiscal	78459
year 2006.	78460

(3) The joint vocational funding in each fiscal year for each	78461
district is the sum of the amounts specified in divisions	78462
(B)(1)(a) to (f) and (B)(2) of this section less any general	78463
revenue fund spending reductions ordered by the Governor under	78464
section 126.05 of the Revised Code.	78465

EMERGENCY LOAN INTEREST SUBSIDY

78466

The foregoing appropriation item 200-558, Emergency Loan	78467
Interest Subsidy, shall be used to provide a subsidy to school	78468
districts receiving emergency school loans pursuant to section	78469
3313.484 of the Revised Code. The subsidy shall be used to pay	78470
these districts the difference between the amount of interest the	78471
district is paying on an emergency loan, and the interest that the	78472
district would have paid if the interest rate on the loan had been	78473
two per cent.	78474

Section 206.09.45. READING/WRITING IMPROVEMENT-CLASSROOM	78475
GRANTS	78476

The foregoing appropriation item 200-566, Reading/Writing	78477
Improvement-Classroom Grants, shall be disbursed by the Department	78478
of Education to provide reading improvement grants to public	78479
schools in city, local, and exempted village school districts;	78480
community schools; and educational service centers serving	78481
kindergarten through twelfth grade students to help struggling	78482
students improve their reading skills, improve reading outcomes in	78483
low-performing schools, and help close achievement gaps.	78484

SAFE AND SUPPORTIVE SCHOOLS

78485

Of the foregoing appropriation item 200-578, Safe and	78486
Supportive Schools, up to $224,250 in each fiscal year shall be	78487
used to fund a safe school center to provide resources for parents	78488
and for school and law enforcement personnel.	78489

The remainder of the appropriation shall be distributed based	78490
on guidelines developed by the Department of Education to enhance	78491
school safety. The guidelines shall provide a list of	78492
research-based best practices and programs from which local	78493
grantees shall select based on local needs. These practices shall	78494
include, but not be limited to, school resource officers and safe	78495
and drug free school coordinators and social-emotional development	78496
programs.	78497

Section 206.09.48. PROPERTY TAX ALLOCATION - EDUCATION

78498

The Superintendent of Public Instruction shall not request,	78499
and the Controlling Board shall not approve, the transfer of funds	78500
from appropriation item 200-901, Property Tax Allocation -	78501
Education, to any other appropriation item.	78502

The appropriation item 200-901, Property Tax Allocation -	78503
Education, is appropriated to pay for the state's costs incurred	78504
because of the homestead exemption and the property tax rollback.	78505
In cooperation with the Department of Taxation, the Department of	78506
Education shall distribute these funds directly to the appropriate	78507
school districts of the state, notwithstanding sections 321.24 and	78508
323.156 of the Revised Code, which provide for payment of the	78509
homestead exemption and property tax rollback by the Tax	78510
Commissioner to the appropriate county treasurer and the	78511
subsequent redistribution of these funds to the appropriate local	78512
taxing districts by the county auditor.	78513

Appropriation item 200-906, Tangible Tax Exemption -	78514
Education, is appropriated to pay for the state's costs incurred	78515
because of the tangible personal property tax exemption required	78516
by division (C)(3) of section 5709.01 of the Revised Code. In	78517
cooperation with the Department of Taxation, the Department of	78518
Education shall distribute to each county treasurer the total	78519
amount appearing in the notification from the county treasurer	78520
under division (G) of section 321.24 of the Revised Code, for all	78521
school districts located in the county, notwithstanding section	78522
321.24 of the Revised Code insofar as it provides for payment of	78523
the $10,000 tangible personal property tax exemption by the Tax	78524
Commissioner to the appropriate county treasurer for all local	78525
taxing districts located in the county. Pursuant to division (G)	78526
of section 321.24 of the Revised Code, the county auditor shall	78527
distribute the amount paid by the Department of Education among	78528
the appropriate school districts.	78529

Upon receipt of these amounts, each school district shall	78530
distribute the amount among the proper funds as if it had been	78531
paid as real or tangible personal property taxes. Payments for the	78532
costs of administration shall continue to be paid to the county	78533
treasurer and county auditor as provided for in sections 319.54,	78534
321.26, and 323.156 of the Revised Code.	78535

Any sums, in addition to the amounts specifically	78536
appropriated in appropriation items 200-901, Property Tax	78537
Allocation - Education, for the homestead exemption and the	78538
property tax rollback payments, and 200-906, Tangible Tax	78539
Exemption - Education, for the $10,000 tangible personal property	78540
tax exemption payments, which are determined to be necessary for	78541
these purposes, are hereby appropriated.	78542

Section 206.09.51. TEACHER CERTIFICATION AND LICENSURE

78543

The foregoing appropriation item 200-681, Teacher	78544
Certification and Licensure, shall be used by the Department of	78545
Education in each year of the biennium to administer and support	78546
teacher certification and licensure activities.	78547

SCHOOL DISTRICT SOLVENCY ASSISTANCE

78548

Of the foregoing appropriation item 200-687, School District	78549
Solvency Assistance, $9,000,000 in each fiscal year shall be	78550
allocated to the School District Shared Resource Account and	78551
$9,000,000 in each fiscal year shall be allocated to the	78552
Catastrophic Expenditures Account. These funds shall be used to	78553
provide assistance and grants to school districts to enable them	78554
to remain solvent under section 3316.20 of the Revised Code.	78555
Assistance and grants shall be subject to approval by the	78556
Controlling Board. Any required reimbursements from school	78557
districts for solvency assistance shall be made to the appropriate	78558
account in the School District Solvency Assistance Fund (Fund	78559
5H3).	78560

Notwithstanding any provision of law to the contrary, upon	78561
the request of the Superintendent of Public Instruction, the	78562
Director of Budget and Management may make transfers to the School	78563
District Solvency Assistance Fund (Fund 5H3) from any Department	78564
of Education-administered fund or the General Revenue Fund to	78565
maintain sufficient cash balances in the School District Solvency	78566
Assistance Fund (Fund 5H3) in fiscal years 2006 and 2007. Any	78567
funds transferred are hereby appropriated. The transferred funds	78568
may be used by the Department of Education to provide assistance	78569
and grants to school districts to enable them to remain solvent	78570
and to pay unforeseeable expenses of a temporary or emergency	78571
nature that the school district is unable to pay from existing	78572
resources. The Director of Budget and Management shall notify the	78573
members of the Controlling Board of any such transfers.	78574

READING FIRST

78575

The foregoing appropriation item 200-632, Reading First,	78576
shall be used by school districts to administer federal diagnostic	78577
tests as well as other functions permitted by federal statute.	78578
Notwithstanding section 3301.079 of the Revised Code, federal	78579
diagnostic tests may be recognized as meeting the state diagnostic	78580
testing requirements outlined in section 3301.079 of the Revised	78581
Code.	78582

HALF-MILL MAINTENANCE EQUALIZATION

78583

The foregoing appropriation item 200-626, Half-Mill	78584
Maintenance Equalization, shall be used in fiscal year 2007 to	78585
make payments pursuant to section 3318.18 of the Revised Code.	78586

Section 206.09.54. EARLY LEARNING INITIATIVE

78587

(A) As used in this section:

78588

(1) "Title IV-A services" means benefits and services that	78589
are allowable under Title IV-A of the "Social Security Act," as	78590
specified in 42 U.S.C. 604(a), except that they shall not be	78591
benefits and services included in the term "assistance" as defined	78592
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	78593
excluded from the definition of the term "assistance" under 45	78594
C.F.R. 260.31(b).	78595

(2) "Title IV-A funds" means funds provided under the	78596
temporary assistance for needy families block grant established by	78597
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	78598
U.S.C. 601, as amended.	78599

(3) "Child care" has the same meaning as in section 5104.01	78600
of the Revised Code.	78601

(4) "Eligible child" means a child who is at least three	78602
years of age but not of compulsory school age or enrolled in	78603
kindergarten, is eligible for Title IV-A services, and whose	78604
family income does not exceed one hundred eighty-five per cent of	78605
the federal poverty line at application. If the family income of a	78606
child receiving early learning services under this section exceeds	78607
one hundred ninety-five per cent of the federal poverty line, the	78608
child ceases to be eligible for an early learning program.	78609

(5) "Early learning program" means a program for eligible	78610
children that is funded with Title IV-A funds and provides Title	78611
IV-A services that are both of the following:	78612

(a) Early learning services, as defined by the Department of	78613
Education pursuant to division (C)(1) of this section;	78614

(b) Child care.

78615

(6) "Early learning provider" means an entity that is	78616
receiving Title IV-A funds to operate an early learning program.	78617

(7) "Early learning agency" means an early learning provider	78618
or an entity that has entered into an agreement with an early	78619
learning provider requiring the early learning provider to operate	78620
an early learning program on behalf of the entity.	78621

(8) "Federal poverty line" has the same meaning as in section	78622
5104.01 of the Revised Code.	78623

(9) "Of compulsory school age" has the same meaning as in	78624
section 3321.01 of the Revised Code.	78625

(B) The Early Learning Initiative is hereby established. The	78626
Initiative shall be administered by the Department of Education	78627
and the Department of Job and Family Services in accordance with	78628
sections 5101.80 and 5101.801 of the Revised Code. The Initiative	78629
shall provide early learning programs and child care to eligible	78630
children.	78631

(C) The Department of Education shall do all of the	78632
following:	78633

(1) Define the early learning services that will be provided	78634
to eligible children through the Early Learning Initiative;	78635

(2) In consultation with the Department of Job and Family	78636
Services, develop an application form and criteria for the	78637
selection of early learning agencies. The criteria shall require	78638
an early learning agency, or each early learning provider with	78639
which the agency has entered into an agreement for the operation	78640
of an early learning program on the agency's behalf, to be	78641
licensed or certified by the Department of Education under	78642
sections 3301.52 to 3301.59 of the Revised Code or by the	78643
Department of Job and Family Services under Chapter 5104. of the	78644
Revised Code.	78645

(3) Establish early learning program guidelines for school	78646
readiness to assess the operation of early learning programs.	78647

(D) Any entity that seeks to be an early learning agency	78648
shall apply to the Department of Education by a deadline	78649
established by the Department. The Department of Education shall	78650
select entities that meet the criteria established under division	78651
(C)(2) of this section to be early learning agencies. Upon	78652
selection of an entity to be an early learning agency, the	78653
Department of Education shall designate the number of eligible	78654
children the agency will serve. The Department of Education shall	78655
notify the Office of Budget and Management and the Department of	78656
Job and Family Services of the number so designated.	78657

(E) The Department of Education and the Department of Job and	78658
Family Services shall enter into a contract with each early	78659
learning agency selected under division (D) of this section. The	78660
contract shall outline the terms and conditions applicable to the	78661
provision of Title IV-A services for eligible children and shall	78662
include at least the following:	78663

(1) The respective duties of the early learning agency, the	78664
Department of Education, and the Department of Job and Family	78665
Services;	78666

(2) Requirements applicable to the allowable use of and	78667
accountability for Title IV-A funds;	78668

(3) A requirement that the amount used by the early learning	78669
agency for development and administrative costs shall not exceed	78670
fifteen per cent of the total approved costs for the early	78671
learning program;	78672

(4) Reporting requirements, including a requirement that the	78673
early learning provider inform the Department of Education when	78674
the provider learns that a board of education of a city, local, or	78675
exempted village school district has determined, as a result of	78676
the kindergarten readiness assessment conducted under section	78677
3301.0715 of the Revised Code, that a child in an early learning	78678
program operated by the provider is not prepared for kindergarten;	78679

(5) The reimbursement methodology, including a requirement	78680
that reimbursement shall be based upon the weekly attendance rate	78681
of each eligible child, which shall be consistent with the rules	78682
adopted pursuant to division (C)(4) of Section 206.67.12 of this	78683
act;	78684

(6) Audit requirements;

78685

(7) Provisions for suspending, modifying, or terminating the	78686
contract;	78687

(8) A requirement that a child enrolled in a Head Start Plus	78688
program during fiscal year 2005 be given higher priority if the	78689
child is an eligible child and enrolls in an early learning	78690
program.	78691

The requirements of section 127.16 of the Revised Code do not	78692
apply to contracts entered into under this section.	78693

(F) If an early learning agency, or an early learning	78694
provider operating an early learning program on the agency's	78695
behalf, substantially fails to meet the early learning program	78696
guidelines for school readiness or exhibits below average	78697
performance, as determined by the Department of Education, the	78698
agency shall develop and implement a corrective action plan. The	78699
Department of Education shall approve the corrective action plan	78700
prior to implementation.	78701

(G) If an early learning agency fails to implement a	78702
corrective action plan under division (F) of this section, the	78703
Department of Education may direct the Department of Job and	78704
Family Services to withhold funding from the agency or either the	78705
Department of Education or the Department of Job and Family	78706
Services may suspend or terminate the contract with the agency.	78707

(H) Each early learning program shall do all of the	78708
following:	78709

(1) Meet teacher qualification requirements prescribed by	78710
section 3301.311 of the Revised Code;	78711

(2) Align curriculum to the early learning guidelines for	78712
school readiness established pursuant to division (C) of this	78713
section;	78714

(3) Meet any assessment requirements prescribed by section	78715
3301.0715 of the Revised Code that apply to the program;	78716

(4) Require teachers, except teachers enrolled and working to	78717
obtain a degree pursuant to section 3301.311 of the Revised Code,	78718
to attend a minimum of twenty hours per year of professional	78719
development as prescribed by the Department of Education regarding	78720
the implementation of content standards and assessments;	78721

(5) Document and report child progress in meeting the early	78722
learning program guidelines for school readiness;	78723

(6) Meet and report compliance with the early learning	78724
program guidelines for school success.	78725

(I) Of the foregoing appropriation item 200-663, Early	78726
Learning Initiative, up to $2,200,000 in each fiscal year may be	78727
used by the Department of Education to perform administrative	78728
functions for the Early Learning Initiative. The Director of	78729
Budget and Management may transfer appropriation, as needed, from	78730
the Department of Education, appropriation item 200-663, Early	78731
Learning Initiative in Fund 5W2, to the Department of Job and	78732
Family Services, appropriation item 600-689, TANF Block Grant in	78733
Fund 3V6, for the successful operation of the Early Learning	78734
Initiative. This transfer shall take place not less than fifteen	78735
days after the Department of Education has provided the Office of	78736
Budget and Management and the Department of Job and Family	78737
Services its determination as to the number of children to be	78738
served by each early learning agency under division (D) of this	78739
section. The appropriation transferred is hereby authorized.	78740

START UP FUNDS

78741

Funds appropriated for the purpose of providing start-up	78742
grants to Title IV-A Head Start and Title IV-A Head Start Plus	78743
agencies in fiscal year 2004 and fiscal year 2005 for the	78744
provision of services to children eligible for Title IV-A services	78745
under the Title IV-A Head Start or Title IV-A Head Start Plus	78746
programs shall be reimbursed to the General Revenue Fund as	78747
follows:	78748

(A) If, for fiscal year 2006, the agency will not be an early	78749
learning agency, the agency shall repay the entire amount of the	78750
start-up grant it received in fiscal year 2004 and fiscal year	78751
2005 not later than June 30, 2007, in accordance with a payment	78752
schedule agreed to by the Department of Education.	78753

(B) If, for fiscal year 2006, the agency will be an early	78754
learning agency and the number of eligible children served	78755
beginning in fiscal year 2006 is less than the number for which	78756
the start up grant was based, the amount of reimbursement shall be	78757
adjusted based on the number of eligible children who will be	78758
served by the agency in fiscal year 2006 and the rate of	78759
reimbursement for the early learning program set by the Department	78760
of Job and Family Services. The agency shall repay the amount	78761
determined pursuant to this division by not later than June 30,	78762
2007, in accordance with a payment schedule agreed to by the	78763
Department of Education.	78764

(C) If, for fiscal year 2006, the agency will be an early	78765
learning provider and the number of eligible children served	78766
beginning in fiscal year 2006 is greater than or equal to the	78767
number for which the start up grants were based, the agency shall	78768
be allowed to retain the total amount of the start up grant it	78769
received.	78770

(D) Within ninety days after the effective date of this	78771
section, the Title IV-A Head Start agencies, Title IV-A Head Start	78772
Plus agencies, and the Department of Education shall determine the	78773
amounts of the start up grants to be repaid and within thirty days	78774
thereafter determine the repayment schedule for such amounts. The	78775
Department of Education shall refer any amounts remaining due and	78776
payable to the state after June 30, 2007, to the Attorney General	78777
for collection under section 131.02 of the Revised Code.	78778

(E) Any start up grants that are retained by early learning	78779
agencies pursuant to this section shall be reimbursed to the	78780
General Revenue Fund when the early learning program ceases or is	78781
no longer funded from Title IV-A or if an agency's participation	78782
in the early learning program ceases.	78783

Section 206.09.55. AUXILIARY SERVICES REIMBURSEMENT

78784

Notwithstanding section 3317.064 of the Revised Code, if the	78785
unobligated cash balance is sufficient, the Treasurer of State	78786
shall transfer $1,500,000 in fiscal year 2006 within thirty days	78787
after the effective date of this section, and $1,500,000 in fiscal	78788
year 2007 by August 1, 2006, from the Auxiliary Services Personnel	78789
Unemployment Compensation Fund to the Department of Education's	78790
Auxiliary Services Reimbursement Fund (Fund 598).	78791

Section 206.09.57. LOTTERY PROFITS EDUCATION FUND

78792

Appropriation item 200-612, Foundation Funding (Fund 017),	78793
shall be used in conjunction with appropriation item 200-550,	78794
Foundation Funding (GRF), to provide payments to school districts	78795
under Chapter 3317. of the Revised Code.	78796

The Department of Education, with the approval of the	78797
Director of Budget and Management, shall determine the monthly	78798
distribution schedules of appropriation item 200-550, Foundation	78799
Funding (GRF), and appropriation item 200-612, Foundation Funding	78800
(Fund 017). If adjustments to the monthly distribution schedule	78801
are necessary, the Department of Education shall make such	78802
adjustments with the approval of the Director of Budget and	78803
Management.	78804

The Director of Budget and Management shall transfer via	78805
intrastate transfer voucher the amount appropriated under the	78806
Lottery Profits Education Fund for appropriation item 200-682,	78807
Lease Rental Payment Reimbursement, to the General Revenue Fund on	78808
a schedule determined by the director. These funds shall support	78809
the appropriation item 230-428, Lease Rental Payments (GRF), of	78810
the School Facilities Commission.	78811

Section 206.09.60. LOTTERY PROFITS EDUCATION RESERVE FUND

78812

(A) There is hereby created the Lottery Profits Education	78813
Reserve Fund (Fund 018) in the State Treasury. Investment earnings	78814
of the Lottery Profits Education Reserve Fund shall be credited to	78815
the fund. The Superintendent of Public Instruction may certify	78816
cash balances exceeding $75,000,000 in the Lottery Profits	78817
Education Reserve Fund (Fund 018) to the Director of Budget and	78818
Management in June of any given fiscal year. Prior to making the	78819
certification, the Superintendent of Public Instruction shall	78820
determine whether the funds above the $75,000,000 threshold are	78821
needed to help pay for foundation program obligations for that	78822
fiscal year under Chapter 3317. of the Revised Code. If those	78823
funds are needed for the foundation program, the Superintendent of	78824
Public Instruction shall notify and consult with the Director of	78825
Budget and Management to determine the amount that may be	78826
transferred to the Public School Building Fund (Fund 021). Upon	78827
this determination, the Director of Budget and Management shall	78828
transfer the amount from the Lottery Profits Education Reserve	78829
Fund (Fund 018) to the Public School Building Fund (Fund 021). The	78830
amount transferred is hereby appropriated to appropriation item	78831
CAP-622, Public School Buildings.	78832

For fiscal years 2006 and 2007, notwithstanding any	78833
provisions of law to the contrary, amounts necessary to make loans	78834
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	78835
Revised Code are hereby appropriated to the Lottery Profits	78836
Education Reserve Fund (Fund 018). Loan repayments from loans made	78837
in previous years shall be deposited to the fund.	78838

(B) On July 15, 2005, or as soon as possible thereafter, the	78839
Director of the Ohio Lottery Commission shall certify to the	78840
Director of Budget and Management the amount by which lottery	78841
profit transfers received by the Lottery Profits Education Fund	78842
(Fund 017) exceeded $637,900,000 in fiscal year 2005. The Director	78843
of Budget and Management shall transfer the amount so certified,	78844
plus the cash balance in Fund 017, to the Lottery Profits	78845
Education Reserve Fund (Fund 018).	78846

(C) On July 15, 2006, or as soon as possible thereafter, the	78847
Director of the Ohio Lottery Commission shall certify to the	78848
Director of Budget and Management the amount by which lottery	78849
profit transfers received by the Lottery Profits Education Fund	78850
(Fund 017) exceeded $637,900,000 in fiscal year 2006. The Director	78851
of Budget and Management shall transfer the amount so certified,	78852
plus the cash balance in Fund 017, to the Lottery profits	78853
Education Reserve Fund (Fund 018).	78854

(D) Any amounts transferred under division (B) or (C) of this	78855
section may be made available by the Controlling Board in fiscal	78856
years 2006 or 2007, at the request of the Superintendent of Public	78857
Instruction, to provide assistance and grants to school districts	78858
to enable them to remain solvent and to pay unforeseeable expenses	78859
of a temporary or emergency nature that they are unable to pay	78860
from existing resources under section 3316.20 of the Revised Code,	78861
and to provide payments to school districts under Chapter 3317. of	78862
the Revised Code.	78863

Section 206.09.61. GENERAL REVENUE FUND TRANSFERS TO SCHOOL	78864
DISTRICT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 047)	78865

Notwithstanding any provision of law to the contrary, the	78866
Director of Budget and Management shall transfer $10,010,000 in	78867
fiscal year 2006 and $70,210,000 in fiscal year 2007 from the	78868
General Revenue Fund to appropriation item 200-909, School	78869
District Property Tax Replacement – Business (Fund 047) in the	78870
Department of Education. The funds shall be used to reimburse	78871
school districts and joint vocational districts under section	78872
5751.21 of the Revised Code.	78873

Section 206.09.63. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT -	78874
BUSINESS	78875

The foregoing appropriation item, 200-909, School District	78876
Property Tax Replacement – Business, in Fund 047, shall be used by	78877
the Department of Education, in consultation with the Department	78878
of Taxation, to make payments to school districts and joint	78879
vocational school districts under section 5751.21 of the Revised	78880
Code.	78881

SCHOOL DISTRICT PROPERTY TAX REPLACEMENT - UTILITY

78882

The foregoing appropriation item 200-900, School District	78883
Property Tax Replacement-Utility, in Fund 053, shall be used by	78884
the Department of Education, in consultation with the Department	78885
of Taxation, to make payments to school districts and joint	78886
vocational school districts under section 5727.85 of the Revised	78887
Code.	78888

* Section 206.09.66. DISTRIBUTION FORMULAS

78889

The Department of Education shall report the following to the	78890
Director of Budget and Management, the Legislative Office of	78891
Education Oversight, and the Legislative Service Commission:	78892

(A) Changes in formulas for distributing state	78893
appropriations, including administratively defined formula	78894
factors;	78895

(B) Discretionary changes in formulas for distributing	78896
federal appropriations;	78897

(C) Federally mandated changes in formulas for distributing	78898
federal appropriations.	78899

Any such changes shall be reported two weeks prior to the	78900
effective date of the change.	78901

Section 206.09.69. EDUCATIONAL SERVICE CENTERS FUNDING

78902

(A) As used in this section:

78903

(1) "Internet- or computer-based community school" has the	78904
same meaning as in section 3314.02 of the Revised Code.	78905

(2) "Service center ADM" has the same meaning as in section	78906
3317.11 of the Revised Code.	78907

(B) Notwithstanding division (F) of section 3317.11 of the	78908
Revised Code, no funds shall be provided under that division to an	78909
educational service center in either fiscal year for any pupils of	78910
a city or exempted village school district unless an agreement to	78911
provide services under section 3313.843 of the Revised Code was	78912
entered into by January 1, 1997, except that funds shall be	78913
provided to an educational service center for any pupils of a city	78914
school district if the agreement to provide services was entered	78915
into within one year of the date upon which such district changed	78916
from a local school district to a city school district.	78917

(C) Notwithstanding any provision of the Revised Code to the	78918
contrary, an educational service center that sponsors a community	78919
school under Chapter 3314. of the Revised Code in either fiscal	78920
year may include the students of that community school in its	78921
service center ADM for purposes of state funding under division	78922
(F) of section 3317.11 of the Revised Code, unless the community	78923
school is an Internet- or computer-based community school. A	78924
service center shall include the community school students in its	78925
service center ADM only to the extent that the students are not	78926
already so included, and only in accordance with guidelines issued	78927
by the Department of Education. If the students of a community	78928
school sponsored by an educational service center are included in	78929
the service center ADM of another educational service center,	78930
those students shall be removed from the service center ADM of the	78931
other educational service center and added to the service center	78932
ADM of the community school's sponsoring service center. The	78933
General Assembly authorizes this procedure as an incentive for	78934
educational service centers to take over sponsorship of community	78935
schools from the State Board of Education as the State Board's	78936
sponsorship is phased out in accordance with Sub. H.B. 364 of the	78937
124th General Assembly. No student of an Internet- or	78938
computer-based community school shall be counted in the service	78939
center ADM of any educational service center. The Department shall	78940
pay educational service centers under division (F) of section	78941
3317.11 of the Revised Code for community school students included	78942
in their service center ADMs under this division only if	78943
sufficient funds earmarked within appropriation item 200-550,	78944
Foundation Funding, for payments under that division remain after	78945
first paying for students attributable to their local and client	78946
school districts, in accordance with divisions (B) and (D) of this	78947
section.	78948

(D) If insufficient funds are earmarked within appropriation	78949
item 200-550, Foundation Funding, for payments under division (F)	78950
of section 3317.11 of the Revised Code and division (C) of this	78951
section in fiscal year 2006 or fiscal year 2007, the Department	78952
shall prioritize the distribution of the earmarked funds as	78953
follows:	78954

(1) The Department shall first distribute to each educational	78955
service center the per-student amount specified in division (F) of	78956
section 3317.11 of the Revised Code for each student in its	78957
service center ADM attributable to the local school districts	78958
within the service center's territory.	78959

(2) The Department shall distribute the remaining funds in	78960
each fiscal year to each educational service center for the	78961
students in its service center ADM attributable to each city and	78962
exempted village school district that had entered into an	78963
agreement with an educational service center for that fiscal year	78964
under section 3313.843 of the Revised Code by January 1, 1997, up	78965
to the per-student amount specified in division (F) of section	78966
3317.11 of the Revised Code. If insufficient funds remain to pay	78967
each service center the full amount specified in division (F) of	78968
that section for each such student, the Department shall	78969
distribute the remaining funds to each service center	78970
proportionally, on a per-student basis for each such student,	78971
unless that proportional per-student amount exceeds the amount	78972
specified in division (F)(1) of that section. In that case, the	78973
Department shall distribute the per-student amount specified in	78974
division (F)(1) of that section to each service center for each	78975
such student and shall distribute the remainder proportionally, on	78976
a per-student basis for each such student, to the multi-county	78977
service centers described in division (F)(2) of that section.	78978

(3) If the Department has paid each service center under	78979
divisions (D)(1) and (2) of this section, the full amount	78980
specified in division (F) of section 3317.11 of the Revised Code	78981
for each student attributable to its local school districts and	78982
its client school districts described in division (D)(2) of this	78983
section the Department shall distribute any remaining funds	78984
proportionally, on a per-student basis, to each service center	78985
that sponsors a community school, other than an Internet- or	78986
computer-based community school, for the students included in the	78987
service center ADM under division (C) of this section. These	78988
payments shall not exceed per student the amount specified in	78989
division (F) of section 3317.11 of the Revised Code.	78990

* Section 206.09.72. For the school year commencing July 1,	78991
2005, or the school year commencing July 1, 2006, or both, the	78992
Superintendent of Public Instruction may waive for the board of	78993
education of any school district the ratio of teachers to pupils	78994
in kindergarten through fourth grade required under paragraph	78995
(A)(3) of rule 3301-35-05 of the Administrative Code if the	78996
following conditions apply:	78997

(A) The board of education requests the waiver.

78998

(B) After the Department of Education conducts an on-site	78999
evaluation of the district related to meeting the required ratio,	79000
the board of education demonstrates to the satisfaction of the	79001
Superintendent of Public Instruction that providing the facilities	79002
necessary to meet the required ratio during the district's regular	79003
school hours with pupils in attendance would impose an extreme	79004
hardship on the district.	79005

(C) The board of education provides assurances that are	79006
satisfactory to the Superintendent of Public Instruction that the	79007
board will act in good faith to meet the required ratio as soon as	79008
possible.	79009

Section 206.09.75. PRIVATE TREATMENT FACILITY PROJECT

79010

(A) As used in this section:

79011

(1) The following are "participating residential treatment	79012
centers":	79013

(a) Private residential treatment facilities that have	79014
entered into a contract with the Department of Youth Services to	79015
provide services to children placed at the facility by the	79016
Department and which, in fiscal year 2006 or fiscal year 2007 or	79017
both, the Department pays through appropriation item 470-401, Care	79018
and Custody;	79019

(b) Abraxas, in Shelby;

79020

79021

(d) Act One, in Akron;

79022

(e) Friars Club, in Cincinnati.

79023

(2) "Education program" means an elementary or secondary	79024
education program or a special education program and related	79025
services.	79026

(3) "Served child" means any child receiving an education	79027
program pursuant to division (B) of this section.	79028

(4) "School district responsible for tuition" means a city,	79029
exempted village, or local school district that, if tuition	79030
payment for a child by a school district is required under law	79031
that existed in fiscal year 1998, is the school district required	79032
to pay that tuition.	79033

(5) "Residential child" means a child who resides in a	79034
participating residential treatment center and who is receiving an	79035
educational program under division (B) of this section.	79036

(B) A youth who is a resident of the state and has been	79037
assigned by a juvenile court or other authorized agency to a	79038
residential treatment facility specified in division (A) of this	79039
section shall be enrolled in an approved educational program	79040
located in or near the facility. Approval of the educational	79041
program shall be contingent upon compliance with the criteria	79042
established for such programs by the Department of Education. The	79043
educational program shall be provided by a school district or	79044
educational service center, or by the residential facility itself.	79045
Maximum flexibility shall be given to the residential treatment	79046
facility to determine the provider. In the event that a voluntary	79047
agreement cannot be reached and the residential facility does not	79048
choose to provide the educational program, the educational service	79049
center in the county in which the facility is located shall	79050
provide the educational program at the treatment center to	79051
children under twenty-two years of age residing in the treatment	79052
center.	79053

(C) Any school district responsible for tuition for a	79054
residential child shall, notwithstanding any conflicting provision	79055
of the Revised Code regarding tuition payment, pay tuition for the	79056
child for fiscal year 2006 and fiscal year 2007 to the education	79057
program provider and in the amount specified in this division. If	79058
there is no school district responsible for tuition for a	79059
residential child and if the participating residential treatment	79060
center to which the child is assigned is located in the city,	79061
exempted village, or local school district that, if the child were	79062
not a resident of that treatment center, would be the school	79063
district where the child is entitled to attend school under	79064
sections 3313.64 and 3313.65 of the Revised Code, that school	79065
district, notwithstanding any conflicting provision of the Revised	79066
Code, shall pay tuition for the child for fiscal year 2006 and	79067
fiscal year 2007 under this division unless that school district	79068
is providing the educational program to the child under division	79069
(B) of this section.	79070

A tuition payment under this division shall be made to the	79071
school district, educational service center, or residential	79072
treatment facility providing the educational program to the child.	79073

The amount of tuition paid shall be:

79074

(1) The amount of tuition determined for the district under	79075
division (A) of section 3317.08 of the Revised Code;	79076

(2) In addition, for any student receiving special education	79077
pursuant to an individualized education program as defined in	79078
section 3323.01 of the Revised Code, a payment for excess costs.	79079
This payment shall equal the actual cost to the school district,	79080
educational service center, or residential treatment facility of	79081
providing special education and related services to the student	79082
pursuant to the student's individualized education program, minus	79083
the tuition paid for the child under division (C)(1) of this	79084
section.	79085

A school district paying tuition under this division shall	79086
not include the child for whom tuition is paid in the district's	79087
average daily membership certified under division (A) of section	79088
3317.03 of the Revised Code.	79089

(D) In each of fiscal years 2006 and 2007, the Department of	79090
Education shall reimburse, from appropriations made for the	79091
purpose, a school district, educational service center, or	79092
residential treatment facility, whichever is providing the	79093
service, that has demonstrated that it is in compliance with the	79094
funding criteria for each served child for whom a school district	79095
must pay tuition under division (C) of this section. The amount of	79096
the reimbursement shall be the formula amount specified in section	79097
3317.022 of the Revised Code, except that the department shall	79098
proportionately reduce this reimbursement if sufficient funds are	79099
not available to pay this amount to all qualified providers.	79100

(E) Funds provided to a school district, educational service	79101
center, or residential treatment facility under this section shall	79102
be used to supplement, not supplant, funds from other public	79103
sources for which the school district, service center, or	79104
residential treatment facility is entitled or eligible.	79105

(F) The Department of Education shall track the utilization	79106
of funds provided to school districts, educational service	79107
centers, and residential treatment facilities under this section	79108
and monitor the effect of the funding on the educational programs	79109
they provide in participating residential treatment facilities.	79110
The department shall monitor the programs for educational	79111
accountability.	79112

Section 206.09.78. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	79113
ASSESSMENT OF EDUCATION PROGRESS	79114

The General Assembly intends for the Superintendent of Public	79115
Instruction to provide for school district participation in the	79116
administration of the National Assessment of Education Progress in	79117
accordance with section 3301.27 of the Revised Code. Each school	79118
and school district selected for participation by the	79119
Superintendent of Public Instruction shall participate.	79120

Section 206.09.81. DEPARTMENT OF EDUCATION APPROPRIATION	79121
TRANSFERS FOR STUDENT ASSESSMENT	79122

In fiscal year 2006 and fiscal year 2007, if the	79123
Superintendent of Public Instruction determines that additional	79124
funds are needed to fully fund the requirements of Am. Sub. H.B. 3	79125
of the 125th General Assembly for assessments of student	79126
performance, the Superintendent of Public Instruction may	79127
recommend the reallocation of unspent and unencumbered	79128
appropriations within the Department of Education to the General	79129
Revenue Fund appropriation item 200-437, Student Assessment, to	79130
the Director of Budget and Management. If the Director of Budget	79131
and Management determines that such a reallocation is required,	79132
the Director of Budget and Management may transfer unspent and	79133
unencumbered funds within the Department of Education as necessary	79134
to appropriation item 200-437, Student Assessment.	79135

Section 206.09.84. (A) As used in this section:

79136

(1) "Entitled to attend school" means entitled to attend	79137
school in a school district under section 3313.64 and 3313.65 of	79138
the Revised Code.	79139

(2) "Formula ADM" and "category six special education ADM"	79140
have the same meanings as in section 3317.02 of the Revised Code.	79141

(3) "Individualized education program" has the same meaning	79142
as in section 3323.01 of the Revised Code.	79143

(4) "Parent" has the same meaning as in section 3313.64 of	79144
the Revised Code.	79145

(5) "Qualified special education child" is a child for whom	79146
all of the following conditions apply:	79147

(a) The school district in which the child is entitled to	79148
attend school has identified the child as autistic.	79149

(b) The school district in which the child is entitled to	79150
attend school has developed an individualized education program	79151
under Chapter 3323. of the Revised Code for the child.	79152

79153

(i) Was enrolled in the school district in which the child is	79154
entitled to attend school in any grade from preschool through	79155
twelve in the school year prior to the year in which a scholarship	79156
under this section is first sought for the child; or	79157

(ii) Is eligible to enter school in any grade preschool	79158
through twelve in the school district in which the child is	79159
entitled to attend school in the school year in which a	79160
scholarship under this section is first sought for the child.	79161

(6) "Registered private provider" means a nonpublic school or	79162
other nonpublic entity that has been approved by the Department of	79163
Education to participate in the program established under this	79164
section.	79165

(B) There is hereby established the Pilot Project Special	79166
Education Scholarship Program. Under the program, in fiscal years	79167
2006 and 2007, the Department of Education shall pay a scholarship	79168
to the parent of each qualified special education child upon	79169
application of that parent pursuant to procedures and deadlines	79170
established by rule of the State Board of Education. Each	79171
scholarship shall be used only to pay tuition for the child on	79172
whose behalf the scholarship is awarded to attend a special	79173
education program that implements the child's individualized	79174
education program and that is operated by a school district other	79175
than the school district in which the child is entitled to attend	79176
school, by another public entity, or by a registered private	79177
provider. Each scholarship shall be in an amount not to exceed the	79178
lesser of the tuition charged for the child by the special	79179
education program or twenty thousand dollars. The purpose of the	79180
scholarship is to permit the parent of a qualified special	79181
education child the choice to send the child to a special	79182
education program, instead of the one operated by or for the	79183
school district in which the child is entitled to attend school,	79184
to receive the services prescribed in the child's individualized	79185
education program once the individualized education program is	79186
finalized. A scholarship under this section shall not be awarded	79187
to the parent of a child while the child's individualized	79188
education program is being developed by the school district in	79189
which the child is entitled to attend school, or while any	79190
administrative or judicial mediation or proceedings with respect	79191
to the content of the child's individualized education program are	79192
pending. A scholarship under this section shall not be used for a	79193
child to attend a public special education program that operates	79194
under a contract, compact, or other bilateral agreement between	79195
the school district in which the child is entitled to attend	79196
school and another school district or other public provider, or	79197
for a child to attend a community school established under Chapter	79198
3314. of the Revised Code. However, nothing in this section or in	79199
any rule adopted by the State Board of Education shall prohibit a	79200
parent whose child attends a public special education program	79201
under a contract, compact, or other bilateral agreement, or a	79202
parent whose child attends a community school, from applying for	79203
and accepting a scholarship under this section so that the parent	79204
may withdraw the child from that program or community school and	79205
use the scholarship for the child to attend a special education	79206
program for which the parent is required to pay for services for	79207
the child. A child attending a special education program with a	79208
scholarship under this section shall continue to be entitled to	79209
transportation to and from that program in the manner prescribed	79210
by law.	79211

(C)(1) Notwithstanding anything to the contrary in the	79212
Revised Code, a child for whom a scholarship is awarded under this	79213
section shall be counted in the formula ADM and the category six	79214
special education ADM of the district in which the child is	79215
entitled to attend school and not in the formula ADM and the	79216
category six special education ADM of any other school district.	79217

(2) In each fiscal year, the Department shall deduct from the	79218
amounts paid to each school district under Chapter 3317. of the	79219
Revised Code, and, if necessary, sections 321.24 and 323.156 of	79220
the Revised Code, the aggregate amount of scholarships awarded	79221
under this section for qualified special education children	79222
included in the formula ADM and category six special education ADM	79223
of that school district as provided in division (C)(1) of this	79224
section. The scholarships deducted shall be considered as an	79225
approved special education and related services expense for the	79226
purpose of the school district's compliance with division (C)(5)	79227
of section 3317.022 of the Revised Code.	79228

(3) From time to time, the Department shall make a payment to	79229
the parent of each qualified special education child for whom a	79230
scholarship has been awarded under this section. The scholarship	79231
amount shall be proportionately reduced in the case of any such	79232
child who is not enrolled in the special education program for	79233
which a scholarship was awarded under this section for the entire	79234
school year. The Department shall make no payments to the parent	79235
of a child while any administrative or judicial mediation or	79236
proceedings with respect to the content of the child's	79237
individualized education program are pending.	79238

(D) A scholarship shall not be paid to a parent for payment	79239
of tuition owed to a nonpublic entity unless that entity is a	79240
registered private provider. The Department shall approve entities	79241
that meet the standards established by rule of the State Board for	79242
the program established under this section.	79243

(E) The State Board shall adopt rules under Chapter 119. of	79244
the Revised Code prescribing procedures necessary to implement	79245
this section, including, but not limited to, procedures and	79246
deadlines for parents to apply for scholarships, standards for	79247
registered private providers, and procedures for approval of	79248
entities as registered private providers. The Board shall adopt	79249
the rules so that the program established under this section is	79250
operational by January 1, 2004.	79251

Section 206.09.90. INTERVENTION FUNDING

79252

No later than September 30, 2006, each school district shall	79253
report, in a manner defined by the Department of Education, how	79254
state intervention funding provided under division (B)(1) of	79255
section 3317.012 and division (C) of section 3317.029 of the	79256
Revised Code in fiscal year 2006 was deployed. To the degree that	79257
school districts do not meet adequate progress standards as	79258
defined by the Department of Education, the Department shall use	79259
the reported information to intervene at the district and building	79260
levels to make recommendations on how state funding for	79261
intervention should be deployed in a more effective manner. This	79262
information shall also be used by the Department to inform its	79263
recommendations required in the section of this act entitled	79264
"DISTRICT SPENDING REQUIREMENTS."	79265

Section 206.09.93. EARMARK ACCOUNTABILITY

79266

At the request of the Superintendent of Public Instruction,	79267
any entity that receives a budget earmark under the Department of	79268
Education shall submit annually to the chairpersons of the	79269
committees of the House of Representatives and the Senate	79270
primarily concerned with education and to the Department of	79271
Education a report that includes a description of the services	79272
supported by the funds, a description of the results achieved by	79273
those services, an analysis of the effectiveness of the program,	79274
and an opinion as to the program's applicability to other school	79275
districts. For an earmarked entity that received state funds from	79276
an earmark in the prior fiscal year, no funds shall be provided by	79277
the Department of Education to an earmarked entity for a fiscal	79278
year until its report for the prior fiscal year has been	79279
submitted.	79280

Section 206.09.99. The revisions by this act to the	79281
Post-Secondary Enrollment Options Program established under	79282
Chapter 3365. of the Revised Code shall apply as follows:	79283

(A) The amendment to the definition of "tuition base" in	79284
section 3365.01 of the Revised Code, as amended by this act, shall	79285
apply to payments for courses taken beginning in the 2005-2006	79286
school year.	79287

(B) The requirement that a secondary grade student be a	79288
resident of this state in order to participate in the	79289
Post-Secondary Enrollment Options Program as specified in section	79290
3365.02 of the Revised Code, as amended by this act, shall not	79291
apply to students participating in the program during fiscal year	79292
2005. That requirement applies to students participating in the	79293
program after July 1, 2005, regardless of whether they	79294
participated in the program prior to that date.	79295

Section 206.10.03. Not later than September 1, 2005, the	79296
Superintendent of Public Instruction shall begin preparations to	79297
implement the Educational Choice Scholarship Pilot Program	79298
established by sections 3310.01 to 3310.17 of the Revised Code.	79299
The Superintendent shall ensure that school districts, chartered	79300
nonpublic schools, students, and parents are informed of the	79301
Educational Choice Scholarship Pilot Program and how the Program	79302
may affect them. The Superintendent shall provide such information	79303
in sufficient time for affected parties to meet all deadlines	79304
imposed for participation in the Educational Choice Scholarship	79305
Pilot Program in the 2006-2007 school year. The State Board of	79306
Education shall adopt the rules required by section 3310.16 of the	79307
Revised Code so that those rules are in effect and the Educational	79308
Choice Scholarship Pilot Program is operational in the school year	79309
that commences July 1, 2006.	79310

The Superintendent shall select not more than 10,000 students	79311
in fiscal year 2007 to be awarded scholarships under the	79312
Educational Choice Scholarship Pilot Program.	79313

Section 206.10.05. Not later than December 31, 2005, the	79314
Department of Education shall make recommendations to the General	79315
Assembly regarding the payment of state parity aid to community	79316
schools in fiscal year 2007.	79317

Section 206.10.07. (A) Within sixty days after the effective	79318
date of this section, the Director of Administrative Services	79319
shall contract with a third party to investigate the most cost	79320
effective method for funding school districts' health benefits.	79321
The third party shall consider all the following when conducting	79322
the investigation:	79323

(1) Existing school district benefit offerings, employees'	79324
costs for the benefits, and cost sharing arrangements;	79325

(2) Existing health care pools and consortiums in which	79326
school districts participate;	79327

(3) Potential benefits of state or regional regulated health	79328
care pools or consortiums that offer multiple health care plans	79329
and that have different pools or consortiums for each region of	79330
the state;	79331

(4) Existing strategies that positively manage health care	79332
costs;	79333

(5) Other states' studies of, experience with, or existing	79334
statewide and regional health care pools or consortiums;	79335

(6) Alternatives to statewide or regional health care pools,	79336
including, but not limited to, existing consortiums and school	79337
alliances.	79338

(B) There is hereby created the Health Care Task Force within	79339
the Department of Administrative Services. The Director of	79340
Administrative Services shall appoint the members of the Task	79341
Force within ninety days after the effective date of this section	79342
and with the consent of the President of the Senate and the	79343
Speaker of the House of Representatives. The seventeen-member task	79344
force shall consist of the following members:	79345

(1) One member from each of the following:

79346

(a) Ohio School Boards Association;

79347

(b) Ohio Education Association;

79348

79349

(d) Ohio Association of School Business Officials;

79350

(e) Ohio Association of Health Underwriters;

79351

(f) Department of Insurance;

79352

(g) Department of Administrative Services;

79353

(h) A school health care consortium.

79354

(2) One member of a health insuring corporation licensed to	79355
do business in Ohio and recommended by the Ohio Association of	79356
Health Plans;	79357

(3) A person licensed under Chapter 3923. of the Revised Code	79358
recommended by the Ohio Association of Health Plans;	79359

(4) A third party administrator licensed under Chapter 3959.	79360
of the Revised Code;	79361

(5) Three members of the Senate;

79362

(6) Three members of the House of Representatives.

79363

(C) Within ninety days after the Director of Administrative	79364
Services contracts with the third party to conduct the	79365
investigation described in division (A) of this section, the third	79366
party shall report initial data to the Health Care Task Force.	79367
Within ninety days after reporting the initial data, the third	79368
party shall report final data to the Task Force. Using the final	79369
data, the Task Force shall determine whether any changes to the	79370
existing school employee health benefit purchasing system would	79371
result in cost savings and make findings and recommendations based	79372
on these determinations. The Task Force's findings and	79373
recommendations shall include, but are not limited to, all of the	79374
following:	79375

(1) Identification of any necessary provisions needed to	79376
ensure long-term financial solvency and stability of a health care	79377
purchasing system;	79378

(2) Potential impacts of any changes to the existing	79379
purchasing structure on all of the following:	79380

(a) Private companies and brokers, consultants, and agents	79381
currently providing or producing health care benefits and services	79382
through fully-insured or self-insured arrangements;	79383

(b) Existing health care pooling and consortiums;

79384

79385

(d) Existing and future collective bargaining agreements.

79386

(3) Identification of issues that could arise when school	79387
districts would transition from the existing purchasing structure	79388
to a new purchasing structure;	79389

(4) Projected costs and savings to the state, school boards,	79390
and school employees if the existing purchasing structure is	79391
changed, including, but not limited to, costs of health care	79392
claims, health care premiums, and administrative costs.	79393

(D) The Task Force shall submit the findings and	79394
recommendations described in division (C) of this section and the	79395
final data of the investigation done by the third party described	79396
in division (A) of this section to the President of the Senate,	79397
the Speaker of the House of Representatives, and the Director of	79398
Budget and Management not later than forty-five days after	79399
receiving the final data from the third party. The Director of	79400
Administrative Services may extend the deadline with the consent	79401
of the President of the Senate and the Speaker of the House of	79402
Representatives. The Director of Administrative Services shall	79403
make copies of the findings and recommendations available to the	79404
public upon request. After the Task Force submits findings and	79405
recommendations as required in this division, the Task Force	79406
ceases to exist.	79407

Section 206.10.09. Within thirty days after the effective	79408
date of this section, the Department of Education shall notify	79409
each entity approved to be a sponsor of community schools pursuant	79410
to division (B)(1) of section 3314.015 of the Revised Code prior	79411
to the effective date of this section and each entity that is not	79412
required to be so approved by section 3314.021 of the Revised Code	79413
or Section 6 of Sub. H.B. 364 of the 124th General Assembly of the	79414
number of schools the entity may sponsor under that division.	79415

Section 206.10.12. (A) The School Physical Fitness and	79416
Wellness Advisory Council is hereby established. The Council shall	79417
consist of the following members:	79418

(1) A representative of the Ohio Association for Health,	79419
Physical Education, Recreation and Dance, appointed by the	79420
Association;	79421

(2) A school food service director, appointed by the Ohio	79422
School Food Service Association;	79423

(3) A representative of the Ohio School Boards Association,	79424
appointed by the Association;	79425

(4) A registered dietician, appointed by the Ohio Dietetic	79426
Association;	79427

(5) A representative of the Ohio State Medical Association,	79428
appointed by the Association;	79429

(6) A representative of the food industry, appointed by the	79430
Ohio Chamber of Commerce;	79431

(7) A representative of the Ohio Parent Teacher Association,	79432
appointed by the Association;	79433

(8) A representative of the Ohio Soft Drink Association,	79434
appointed by the Association;	79435

(9) A representative of the Department of Education,	79436
appointed by the Superintendent of Public Instruction;	79437

(10) A representative of the Ohio Parks and Recreation	79438
Association, appointed by the Association;	79439

(11) The Director of Health;

79440

(12) A representative of the Ohio Children's Hunger Alliance,	79441
appointed by the Alliance.	79442

(B) Appointments to the Council shall be made within thirty	79443
days after the effective date of this section. The representative	79444
of the Department of Education shall be the chairperson of the	79445
Council. The Council shall meet at least every two months. The	79446
Department of Education shall provide administrative support to	79447
the Council in the performance of its duties.	79448

(C) The Council shall develop guidelines for best practices	79449
regarding nutrition education, physical activity for students, and	79450
school-based activities and school-business partnerships that	79451
promote student wellness. For this purpose, the Council shall	79452
examine research concerning these issues and review existing	79453
guidelines and best practices established by associations or	79454
governmental entities at the national, state, and local levels.	79455
The best practices guidelines developed by the Council shall	79456
provide information that school districts participating in a	79457
school lunch program under the "National School Lunch Act," 60	79458
Stat. 230 (1946), 42 U.S.C. 1751, as amended, may use when	79459
adopting local wellness policies as required by the "Child	79460
Nutrition Act of 1966," 80 Stat. 885, 42 U.S.C. 1771, as amended.	79461
The Council also shall develop strategies for districts to use in	79462
evaluating the implementation of their local wellness policies to	79463
determine if the goals and objectives described in those policies	79464
are being met.	79465

(D) Not later than December 31, 2005, the Council shall	79466
compile a written report containing its best practices guidelines	79467
and evaluation strategies. Copies of the report shall be provided	79468
to each school district participating in a school lunch program as	79469
described in division (C) of this section, the Governor, the	79470
Speaker of the House of Representatives, and the President of the	79471
Senate. Upon submission of its report, the Council shall cease to	79472
exist.	79473

Section 206.10.18. The Department of Education shall provide	79474
$400,000 in each fiscal year from available federal grant funds to	79475
provide additional support for the Collaborative Language and	79476
Literacy Instruction Project.	79477

Section 206.10.21. (A) Notwithstanding section 3313.41 of the	79478
Revised Code, a school district board of education in support of	79479
economic development within the territory of the district may	79480
dispose of real property that it owns in its corporate capacity,	79481
and that exceeds in value ten thousand dollars, by direct sale in	79482
lieu of offering the property for sale at public auction as	79483
provided in division (A) of that section, in lieu of offering the	79484
property for sale to an entity listed in division (C) of that	79485
section, or in lieu of offering the property for sale to a	79486
community school as provided in division (G) of that section, if	79487
all of the following conditions are satisfied:	79488

(1) The real property is encumbered by easements, liens, or	79489
other use restrictions that benefit the person acquiring the	79490
property under this section;	79491

(2) The real property was part of or adjacent to real	79492
property previously disposed of by the board of education;	79493

(3) The real property when sold will be used for commercial	79494
development.	79495

(B) This section expires December 31, 2005.

79496

Section 206.10.24. Not later than July 1, 2006, the	79497
Superintendent of Public Instruction shall recommend to the	79498
General Assembly a plan whereby:	79499

(A) School districts make a second annual certification of	79500
formula ADM in the second half of each fiscal year, prior to the	79501
first day of April;	79502

(B) This second annual certification of formula ADM may be	79503
used to guarantee a minimum level of state funding to each school	79504
district for the next fiscal year, with sufficient notice so that	79505
the districts may prepare in advance of each school year.	79506

The recommended plan shall include methods to accommodate	79507
enrollment growth trends in fast-growing districts.	79508

Section 206.13. ELC OHIO ELECTIONS COMMISSION

79509

General Revenue Fund

79510

GRF	051-321		Operating Expenses		$	411,623		$	411,623		79511
TOTAL GRF General Revenue Fund					$	411,623		$	411,623		79512

General Services Fund Group

79513

4P2	051-601	Ohio Elections					79514
		Commission Fund	$	225,000	$	225,000	79515
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	79516
TOTAL ALL BUDGET FUND GROUPS			$	636,623	$	636,623	79517

Section 206.16. FUN STATE BOARD OF EMBALMERS AND FUNERAL	79519
DIRECTORS	79520

General Services Fund Group

79521

4K9	881-609	Operating Expenses	$	598,933	$	0	79522
TOTAL GSF General Services							79523
Fund Group			$	598,933	$	0	79524
TOTAL ALL BUDGET FUND GROUPS			$	598,933	$	0	79525

Section 206.19. ERB STATE EMPLOYMENT RELATIONS BOARD

79527

General Revenue Fund

79528

GRF	125-321		Operating Expenses		$	3,265,397		$	3,363,359		79529
TOTAL GRF General Revenue Fund					$	3,265,397		$	3,363,359		79530

General Services Fund Group

79531

572	125-603	Training and Publications	$	75,541	$	75,541	79532
TOTAL GSF General Services							79533
Fund Group			$	75,541	$	75,541	79534
TOTAL ALL BUDGET FUND GROUPS			$	3,340,938	$	3,438,900	79535

Section 206.24. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

79537

General Services Fund Group

79538

4K9	892-609	Operating Expenses	$	1,058,881	$	1,058,881	79539
TOTAL GSF General Services							79540
Fund Group			$	1,058,881	$	1,058,881	79541
TOTAL ALL BUDGET FUND GROUPS			$	1,058,881	$	1,058,881	79542

Section 206.27. EPA ENVIRONMENTAL PROTECTION AGENCY

79544

General Revenue Fund

79545

GRF	715-403	Clean Ohio	$	92,707	$	79546
GRF	715-501	Local Air Pollution Control	$	128,297	$	79547
GRF	717-321	Surface Water	$	1,112,342	$	79548
GRF	718-321	Groundwater	$	136,719	$	79549
GRF	719-321	Air Pollution Control	$	311,494	$	79550
GRF	721-321	Drinking Water	$	318,783	$	79551
GRF	723-321	Hazardous Waste	$	12,606	$	79552
GRF	724-321	Pollution Prevention	$	87,538	$	79553
GRF	725-321	Laboratory	$	152,043	$	79554
GRF	726-321	Corrective Actions	$	147,473	$	79555
TOTAL GRF General Revenue Fund			$	2,500,002	$	79556

General Services Fund Group

79557

199	715-602	Laboratory Services	$	1,078,348	$	1,083,574	79558
219	715-604	Central Support Indirect	$	15,804,913	$	16,345,805	79559
4A1	715-640	Operating Expenses	$	3,369,731	$	3,369,731	79560
TOTAL GSF General Services							79561
Fund Group			$	20,252,992	$	20,799,110	79562

Federal Special Revenue Fund Group

79563

3F2	715-630	Revolving Loan Fund - Operating	$	152,021	$	293,129	79564
3F3	715-632	Fed Supported Cleanup and Response	$	2,792,648	$	2,777,648	79565
3F4	715-633	Water Quality Management	$	710,000	$	710,000	79566
3F5	715-641	Nonpoint Source Pollution Management	$	7,815,000	$	7,810,000	79567
3J1	715-620	Urban Stormwater	$	706,000	$	710,000	79568
3K2	715-628	Clean Water Act 106	$	4,723,845	$	5,023,846	79569
3K4	715-634	DOD Monitoring and Oversight	$	1,450,333	$	1,450,333	79570
3K6	715-639	Remedial Action Plan	$	320,000	$	319,000	79571
3N4	715-657	DOE Monitoring and Oversight	$	3,181,736	$	3,231,963	79572
3V7	715-606	Agencywide Grants	$	458,115	$	479,115	79573
352	715-611	Wastewater Pollution	$	525,000	$	530,000	79574
353	715-612	Public Water Supply	$	3,384,959	$	3,388,619	79575
354	715-614	Hazardous Waste Management - Federal	$	4,203,891	$	4,203,891	79576
357	715-619	Air Pollution Control - Federal	$	6,966,337	$	7,243,950	79577
362	715-605	Underground Injection Control - Federal	$	111,874	$	111,874	79578
TOTAL FED Federal Special Revenue							79579
Fund Group			$	37,501,759	$	38,283,368	79580

State Special Revenue Fund Group

79581

3T3	715-669	Drinking Water SRF	$	2,411,614	$	2,482,910	79582
4J0	715-638	Underground Injection Control	$	438,285	$	458,418	79583
4K2	715-648	Clean Air - Non Title V	$	3,234,278	$	3,178,062	79584
4K3	715-649	Solid Waste	$	13,800,377	$	14,282,845	79585
4K4	715-650	Surface Water Protection	$	11,606,000	$	12,420,000	79586
4K5	715-651	Drinking Water Protection	$	7,202,901	$	7,492,035	79587
4P5	715-654	Cozart Landfill	$	149,728	$	149,728	79588
4R5	715-656	Scrap Tire Management	$	6,000,000	$	6,000,000	79589
4R9	715-658	Voluntary Action Program	$	1,008,765	$	1,032,098	79590
4T3	715-659	Clean Air - Title V Permit Program	$	16,960,373	$	17,180,980	79591
4U7	715-660	Construction & Demolition Debris	$	586,797	$	582,305	79592
5BC	715-617	Clean Ohio	$	648,939	$	741,646	79593
5BC	715-622	Local Air Pollution Control	$	898,072	$	1,026,369	79594
5BC	715-624	Surface Water	$	7,685,071	$	8,797,413	79595
5BC	715-667	Groundwater	$	957,022	$	1,093,741	79596
5BC	715-672	Air Pollution Control	$	4,234,681	$	5,199,290	79597
5BC	715-673	Drinking Water	$	2,231,467	$	2,550,250	79598
5BC	715-675	Hazardous Waste	$	88,241	$	100,847	79599
5BC	715-676	Assistance and Prevention	$	612,764	$	700,302	79600
5BC	715-677	Laboratory	$	1,064,290	$	1,216,333	79601
5BC	715-678	Corrective Action	$	1,032,302	$	1,179,775	79602
5CD	715-682	Clean Diesel School Buses	$	650,000	$	850,000	79603
5H4	715-664	Groundwater Support	$	2,325,922	$	2,408,871	79604
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	79605
500	715-608	Immediate Removal Special Account	$	482,000	$	482,000	79606
503	715-621	Hazardous Waste Facility Management	$	11,270,231	$	11,711,473	79607
505	715-623	Hazardous Waste Cleanup	$	11,482,988	$	11,482,988	79608
505	715-674	Clean Ohio Environmental Review	$	104,500	$	109,725	79609
541	715-670	Site Specific Cleanup	$	33,000	$	34,650	79610
542	715-671	Risk Management Reporting	$	146,188	$	146,188	79611
592	715-627	Anti Tampering Settlement	$	17,203	$	9,707	79612
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	79613
602	715-626	Motor Vehicle Inspection and Maintenance	$	1,190,944	$	250,000	79614
644	715-631	ER Radiological Safety	$	286,114	$	286,114	79615
660	715-629	Infectious Waste Management	$	160,000	$	100,000	79616
676	715-642	Water Pollution Control Loan Administration	$	4,964,625	$	4,964,625	79617
678	715-635	Air Toxic Release	$	210,621	$	210,622	79618
679	715-636	Emergency Planning	$	2,828,647	$	2,828,647	79619
696	715-643	Air Pollution Control Administration	$	750,000	$	750,000	79620
699	715-644	Water Pollution Control Administration	$	750,000	$	750,000	79621
TOTAL SSR State Special Revenue Fund Group			$	122,034,950	$	126,770,957	79622

Clean Ohio Revitalization Fund Group

79623

5S1	715-607	Clean Ohio - Operating	$	208,174	$	208,174	79624
TOTAL CLF Clean Ohio Revitalization Fund Group			$	208,174	$	208,174	79625
TOTAL ALL BUDGET FUND GROUPS			$	182,497,877	$	186,061,609	79626

AUTOMOBILE EMISSIONS TESTING PROGRAM OPERATION AND OVERSIGHT

79627

(A) There is hereby created the Auto Emissions Test Fund	79628
(Fund 5BY). When renewing a contract to continue the E-check	79629
program after December 31, 2005, the Ohio Environmental Protection	79630
Agency (EPA) shall use the foregoing appropriation item 715-681,	79631
Auto Emissions Test in the Auto Emissions Test Fund (Fund 5BY), to	79632
pay the contracted amount per test for the operation and oversight	79633
of the auto emissions testing programs in counties still	79634
designated as non-attainment or designated by the General Assembly	79635
to continue such tests under mandate of the federal Clean Air Act.	79636
These amounts are hereby appropriated.	79637

(B)(1) Not later than July 1, 2005, the Director of	79638
Environmental Protection, in conjunction with the Office of Budget	79639
and Management, shall estimate the amount necessary for operation	79640
of the Auto Emissions Testing Program for the period beginning	79641
January 1, 2006, and ending June 30, 2006. Notwithstanding section	79642
183.02 of the Revised Code, of the tobacco revenue that is	79643
credited to the Tobacco Master Settlement Agreement Fund (Fund	79644
087) in fiscal year 2005, the Director of Budget and Management	79645
shall withhold from the share that is determined pursuant to	79646
section 183.02 of the Revised Code to be the amount to be	79647
transferred from the Tobacco Master Settlement Agreement Fund	79648
(Fund 086) to the Tobacco Use Prevention and Cessation Trust Fund	79649
(Fund H87) an amount equal to the estimate determined pursuant to	79650
this division.	79651

(2) Not later than December 31, 2005, the Director of	79652
Environmental Protection shall certify to the Director of Budget	79653
and Management the actual amount, not to exceed the estimated	79654
amount, necessary for the Auto Emissions Testing Program for the	79655
period beginning January 1, 2006, and ending June 30, 2006.	79656
Notwithstanding section 183.02 of the Revised Code, on January 1,	79657
2006, or as soon as possible thereafter, the Director of Budget	79658
and Management shall transfer the amount certified pursuant to	79659
this division from the Tobacco Master Settlement Agreement Fund	79660
(Fund 087) to the Auto Emissions Test Fund (Fund 5BY). Amounts	79661
transferred are hereby appropriated to appropriation item 715-681,	79662
Auto Emissions Test, in the Environmental Protection Agency.	79663

(3) On January 1, 2006, or as soon as possible thereafter,	79664
the Director of Budget and Management shall transfer to the	79665
Tobacco Use Prevention and Cessation Trust Fund (Fund H87) any	79666
amount withheld from being transferred to the Tobacco Use	79667
Prevention and Cessation Trust Fund pursuant to division (B)(1) of	79668
this section that is greater than the amount that is transferred	79669
under division (B)(2) of this section.	79670

(C) An amount equal to the remaining balance in appropriation	79671
item 715-681, Auto Emissions Test, from fiscal year 2006 is hereby	79672
appropriated for fiscal year 2007 into appropriation item 715-681,	79673
Auto Emissions Test.	79674

(D) Not later than June 30, 2006, the Director of	79675
Environmental Protection shall certify to the Director of Budget	79676
and Management the amount needed for the Auto Emissions Testing	79677
Program for fiscal year 2007 taking into account the amounts	79678
appropriated for fiscal year 2007 pursuant to division (C) of this	79679
section.	79680

Notwithstanding section 183.02 of the Revised Code, on July	79681
1, 2006, or as soon as possible thereafter, the Director of Budget	79682
and Management shall transfer cash equal to the amount certified	79683
pursuant to this division from the Tobacco Master Settlement	79684
Agreement Fund (Fund 087) to the Auto Emissions Test Fund (Fund	79685
5BY) in the Environmental Protection Agency. Of the tobacco	79686
revenue that is credited to the Tobacco Master Settlement	79687
Agreement Fund (Fund 087) in fiscal year 2006, the share that is	79688
determined pursuant to section 183.02 of the Revised Code to be	79689
the amount transferred by the Director of Budget and Management	79690
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	79691
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87)	79692
shall be reduced by the amount that is transferred from the	79693
Tobacco Master Settlement Agreement Fund (Fund 087) to the Auto	79694
Emissions Test Fund (Fund 5BY) under this division. Amounts	79695
transferred are hereby appropriated to appropriation item 715-681,	79696
Auto Emissions Test, in the Environmental Protection Agency.	79697

(E) Not later than July 31, 2007, the Director of Budget and	79698
Management shall transfer the unencumbered cash balance of the	79699
Auto Emissions Test Fund (Fund 5BY) to the Tobacco Use Prevention	79700
and Cessation Trust Fund (Fund H87).	79701

(F) The funds identified in this section shall not be used to	79702
cover the testing costs of any dealers that are required to	79703
provide passing certificates under section 3704.14 of the Revised	79704
Code or to provide more than two free tests for any vehicle in a	79705
three-hundred-sixty-five-day period. The cost of testing and	79706
retesting for any vehicle shall not exceed the contracted amount	79707
per test.	79708

NPDES TRANSFER TO AGRICULTURE

79709

On or after the date on which the United States Environmental	79710
Protection Agency approves the state program submitted under	79711
division (A)(1) of section 903.08 of the Revised Code, the	79712
Director of Environmental Protection, the Director of Agriculture,	79713
and the Director of Budget and Management shall calculate the	79714
amount of compensation to be made to the Environmental Protection	79715
Agency and to the Department of Agriculture from federal moneys	79716
disbursed and received for purposes of administering the National	79717
Pollutant Discharge Elimination System (NPDES) Program and shall	79718
calculate the amount of state matching funding that is required	79719
for administering that program. The Environmental Protection	79720
Agency and the Department of Agriculture may apply separately to	79721
the United States Environmental Protection Agency for each	79722
agency's respective share of the federal moneys. If the United	79723
States Environmental Protection Agency awards all federal moneys	79724
for administration of the NPDES program to one agency, that agency	79725
shall transfer the appropriate amount of moneys to the other	79726
agency in accordance with the calculations of compensation made	79727
pursuant to these provisions.	79728

CASH TRANSFER FOR ENVIRONMENTAL PROTECTION FUND

79729

On July 1, 2005, or as soon as possible thereafter, the	79730
Director of Budget and Management may transfer $1,000,000 in cash	79731
from the Central Support Indirect Fund (Fund 219) into the	79732
Environmental Protection Fund (Fund 5BC).	79733

On July 1, 2005, or as soon as possible thereafter, the	79734
Director of Budget and Management may transfer $6,000,000 in cash	79735
from the Hazardous Waste Facility Management Fund (Fund 503) into	79736
the Environmental Protection Fund (Fund 5BC).	79737

On July 1, 2005, or as soon as possible thereafter, the	79738
Director of Budget and Management may transfer $3,000,000 in cash	79739
from the Solid Waste Fund (Fund 4K3) into the Environmental	79740
Protection Fund (Fund 5BC).	79741

On July 1, 2005, or as soon as possible thereafter, the	79742
Director of Budget and Management may transfer $1,000,000 in cash	79743
from the Hazardous Waste Cleanup Fund (Fund 505) into the	79744
Environmental Protection Fund (Fund 5BC).	79745

Section 206.30. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

79746

General Revenue Fund

79747

GRF	172-321	Operating Expenses	$	479,161	$	483,859	79748
TOTAL GRF General Revenue Fund			$	479,161	$	483,859	79749
TOTAL ALL BUDGET FUND GROUPS			$	479,161	$	483,859	79750

Section 206.31. ETC ETECH OHIO

79752

General Revenue Fund

79753

GRF	935-321	Operations	$	7,174,453	$	6,830,918	79754
GRF	935-401	Statehouse News Bureau	$	244,400	$	244,400	79755
GRF	935-402	Ohio Government Telecommunications Studio	$	716,417	$	716,417	79756
GRF	935-403	Technical Operations	$	1,768,150	$	1,768,150	79757
GRF	935-404	Telecommunications Operating Subsidy	$	3,632,413	$	3,632,413	79758
GRF	935-406	Technical and Instructional Professional Development	$	6,484,763	$	6,607,144	79759
GRF	935-539	Educational Technology	$	5,968,791	$	5,968,791	79760
TOTAL GRF General Revenue Fund			$	25,989,387	$	25,768,233	79761

General Services Fund Group

79762

4F3	935-603	Affiliate Services	$	2,000,000	$	2,000,000	79763
4T2	935-605	Government Television/Telecommunications Operating	$	150,000	$	150,000	79764
5D4	935-640	Conference/Special Purposes	$	1,600,645	$	1,821,817	79765
TOTAL GSF General Services Fund Group			$	3,750,645	$	3,971,817	79766

Federal Special Revenue Fund Group

79767

3S3	935-606		Enhancing Education Technology		$	589,363		$	589,363		79768
TOTAL FED Federal Special Revenue Fund Group					$	589,363		$	589,363		79769

State Special Revenue Fund Group

79770

4W9	935-630	Telecommunity	$	50,000	$	25,000	79771
4X1	935-634	Distance Learning	$	250,000	$	100,000	79772
5T3	935-607	Gates Foundation Grants	$	600,000	$	200,000	79773
TOTAL SSR State Special Revenue Fund Group			$	900,000	$	325,000	79774
TOTAL ALL BUDGET FUND GROUPS			$	31,229,395	$	30,654,413	79775

Section 206.31.03. OPERATIONS

79777

eTech Ohio shall enter into an agreement with the Department	79778
of Administrative Services to provide for the maintenance of all	79779
of its towers. eTech Ohio and the Department of Administrative	79780
Services shall develop a plan to address the best method for	79781
transferring ownership and control of all the towers to the	79782
Department of Administrative Services. This plan shall be	79783
submitted to the Office of Budget and Management by July 1, 2006.	79784

Section 206.31.06. TELECOMMUNICATIONS

79785

STATEHOUSE NEWS BUREAU

79786

The foregoing appropriation item 935-401, Statehouse News	79787
Bureau, shall be used solely to support the operations of the Ohio	79788
Statehouse News Bureau.	79789

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

79790

The foregoing appropriation item 935-402, Ohio Government	79791
Telecommunications Studio, shall be used solely to support the	79792
operations of the Ohio Government Telecommunications Studio.	79793

TECHNICAL OPERATIONS

79794

The foregoing appropriation item 935-403, Technical	79795
Operations, shall be used by eTech Ohio to pay expenses of the	79796
television and radio transmission infrastructure.	79797

TELECOMMUNICATIONS OPERATING SUBSIDY

79798

Of the foregoing appropriation item 935-404,	79799
Telecommunications Operating Subsidy, $45,000 in each fiscal year	79800
shall be used to contract for dial-up newspaper reading services	79801
for the blind and physically handicapped. The contract shall be	79802
awarded through a competitive bidding process. eTech Ohio shall	79803
not disburse these funds without prior approval of the Controlling	79804
Board.	79805

The remainder of appropriation item 935-404,	79806
Telecommunications Operating Subsidy, shall be distributed by	79807
eTech Ohio to Ohio's qualified public educational television	79808
stations, radio reading services, and educational radio stations	79809
to support their operations. The funds shall be distributed	79810
pursuant to an allocation formula developed by eTech Ohio.	79811

Section 206.31.09. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	79812
DEVELOPMENT	79813

The foregoing appropriation item 935-406, Technical and	79814
Instructional Professional Development, shall be used by eTech	79815
Ohio to make grants or provide services to qualifying public	79816
schools, including the State School for the Blind and the State	79817
School for the Deaf, and the Ohio Department of Youth Services,	79818
for the provision of hardware, software, telecommunications	79819
services, and staff development to support educational uses of	79820
technology in the classroom. eTech Ohio shall consider the	79821
professional development needs associated with the OhioReads	79822
Program when making funding allocations and program decisions.	79823

Of the foregoing appropriation item 935-406, Technical and	79824
Instructional Professional Development, up to $200,000 in each	79825
fiscal year shall be used by eTech Ohio to provide competitive	79826
professional development grants to school districts. Grant	79827
proposals shall focus on developing innovative programs that	79828
enhance the abilities of teachers to use innovative methods for	79829
integrating technology to implement state academic content	79830
standards in classroom lessons. Grant requirements and awards	79831
shall be approved by eTech Ohio, with priority given to school	79832
districts designated in academic emergency, academic watch, or	79833
continuous improvement. eTech Ohio shall develop a website to	79834
share information learned through these programs with school	79835
districts statewide. The website shall be linked with the Ohio	79836
Department of Education's Instructional Management System.	79837

Of the foregoing appropriation item 935-406, Technical and	79838
Instructional Professional Development, up to $1,260,000 in each	79839
fiscal year shall be allocated equally among the 12 Ohio	79840
educational television stations and used with the advice and	79841
approval of eTech Ohio. Funds shall be used for the production of	79842
interactive instructional programming series with priority given	79843
to resources aligned with state academic content standards in	79844
consultation with the Ohio Department of Education and for	79845
teleconferences to support eTech Ohio. The programming shall be	79846
targeted to the needs of the poorest two hundred school districts	79847
as determined by the district's adjusted valuation per pupil as	79848
defined in section 3317.0213 of the Revised Code as that section	79849
existed prior to the effective date of this section.	79850

The remainder of appropriation item 935-406, Technical and	79851
Instructional Professional Development, shall be used by eTech	79852
Ohio for professional development for teachers and administrators	79853
for the use of educational technology. eTech Ohio may make grants	79854
to provide technical assistance and professional development on	79855
the use of educational technology to school districts.	79856

Eligible recipients of grants include regional training	79857
centers, educational service centers, data acquisition sites,	79858
instructional technology centers, institutions of higher	79859
education, public television stations, special education resource	79860
centers, area media centers, or other nonprofit educational	79861
organizations. In addition, services provided through these grants	79862
may include use of private entities subcontracting through the	79863
grant recipient.	79864

Grants shall be made to entities on a contractual basis with	79865
eTech Ohio. Contracts shall include provisions that demonstrate	79866
how services will benefit technology use in the public schools,	79867
and in particular how services will support eTech Ohio's efforts	79868
to integrate technology in the public schools. Contracts shall	79869
specify the scope of assistance being offered and the potential	79870
number of professionals who will be served. Contracting entities	79871
may be awarded more than one grant at a time. Grants shall be	79872
awarded in a manner consistent with the goals and priorities of	79873
eTech Ohio. Special emphasis in the award of grants shall be	79874
placed on collaborative efforts among service providers.	79875

Application for grants from appropriation item 935-406,	79876
Technical and Instructional Professional Development, shall be	79877
consistent with a school district's technology plan that shall	79878
meet the minimum specifications for school district technology	79879
plans as prescribed by eTech Ohio. Funds allocated through these	79880
grants may be combined with funds received through other state or	79881
federal grants for technology so long as the school district's	79882
technology plan specifies the use of these funds.	79883

Section 206.31.12. EDUCATION TECHNOLOGY

79884

The foregoing appropriation item 935-539, Education	79885
Technology, shall be used to provide funding to suppliers of	79886
information services to school districts for the provision of	79887
hardware, software, and staff development in support of	79888
educational uses of technology in the classroom as prescribed by	79889
the State Plan for Technology pursuant to section 3301.07 of the	79890
Revised Code, and to support assistive technology for children and	79891
youth with disabilities.	79892

Of the foregoing appropriation item 935-539, Education	79893
Technology, up to $1,829,240 in each fiscal year shall be used by	79894
eTech Ohio to link all public K-12 classrooms to each other and	79895
the Internet, and to provide access to voice, video, and data	79896
educational resources for students and teachers through the OneNet	79897
Ohio Program.	79898

Up to $4,139,551 in each fiscal year shall be used by eTech	79899
Ohio to contract with instructional television to provide Ohio	79900
public schools with instructional resources and services with	79901
priority given to resources and services aligned with state	79902
academic content standards and such resources and services shall	79903
be based upon the advice and approval of eTech Ohio.	79904

Resources may include, but not be limited to, the following:	79905
prerecorded video materials (including videotape, laser discs, and	79906
CD-ROM discs); computer software for student use or student access	79907
to electronic communication, databases, spreadsheet, and word	79908
processing capability; live student courses or courses delivered	79909
electronically; automated media systems; and instructional and	79910
professional development materials for teachers. eTech Ohio shall	79911
cooperate with education technology agencies in the acquisition,	79912
development, and delivery of such educational resources to ensure	79913
high-quality and educational soundness at the lowest possible	79914
cost. Delivery of such resources may utilize a variety of	79915
technologies, with preference given to a high-speed integrated	79916
information network that can transport video, voice, data, and	79917
graphics simultaneously.	79918

Services shall include presentations and technical assistance	79919
that will help students and teachers integrate educational	79920
materials that support curriculum objectives, match specific	79921
learning styles, and are appropriate for individual interests and	79922
ability levels.	79923

Such instructional resources and services shall be made	79924
available for purchase by chartered nonpublic schools or by school	79925
districts for the benefit of pupils attending chartered nonpublic	79926
schools.	79927

Section 206.31.15. TELECOMMUNITY

79928

The foregoing appropriation item 935-630, Telecommunity,	79929
shall be distributed by eTech Ohio on a grant basis to eligible	79930
school districts to establish "distance learning" through	79931
interactive video technologies in the school district. Per	79932
agreements with eight Ohio local telephone companies: ALLTEL Ohio,	79933
CENTURY Telephone of Ohio, Chillicothe Telephone Company,	79934
Cincinnati Bell Telephone Company, Orwell Telephone Company,	79935
Sprint North Central Telephone, VERIZON, and Western Reserve	79936
Telephone Company, school districts are eligible for funds if they	79937
are within one of the listed telephone company service areas.	79938
Funds to administer the program shall be expended by eTech Ohio up	79939
to the amount specified in agreements with the listed telephone	79940
companies.	79941

Within thirty days after the effective date of this section,	79942
the Director of Budget and Management shall transfer to Fund 4W9	79943
in the state special revenue fund group any investment earnings	79944
from moneys paid by any telephone company as part of any	79945
settlement agreement between the listed companies and the Public	79946
Utilities Commission in fiscal years 1996 and beyond.	79947

DISTANCE LEARNING

79948

The foregoing appropriation item 935-634, Distance Learning,	79949
shall be distributed by eTech Ohio on a grant basis to eligible	79950
school districts to establish "distance learning" in the school	79951
district. Per the agreement with Ameritech, school districts are	79952
eligible for funds if they are within an Ameritech service area.	79953
Funds to administer the program shall be expended by eTech Ohio up	79954
to the amount specified in the agreement with Ameritech.	79955

Within thirty days after the effective date of this section,	79956
the Director of Budget and Management shall transfer to fund 4X1	79957
in the State Special Revenue Fund Group any investment earnings	79958
from moneys paid by any telephone company as part of a settlement	79959
agreement between the company and the Public Utilities Commission	79960
in fiscal year 1995.	79961

GATES FOUNDATION GRANTS

79962

The foregoing appropriation item 935-607, Gates Foundation	79963
Grants, shall be used by eTech Ohio to provide professional	79964
development to school district principals, superintendents, and	79965
other administrative staff for the use of education technology.	79966

Section 206.33. ETH OHIO ETHICS COMMISSION

79967

General Revenue Fund

79968

GRF	146-321		Operating Expenses		$	1,536,213		$	1,536,213		79969
TOTAL GRF General Revenue Fund					$	1,536,213		$	1,536,213		79970

General Services Fund Group

79971

4M6	146-601	Operating Expenses	$	502,543	$	432,543	79972
TOTAL GSF General Services							79973
Fund Group			$	502,543	$	432,543	79974
TOTAL ALL BUDGET FUND GROUPS			$	2,038,756	$	1,968,756	79975

Section 206.36. EXP OHIO EXPOSITIONS COMMISSION

79977

General Revenue Fund

79978

GRF	723-403		Junior Fair Subsidy		$	400,000		$	400,000		79979
TOTAL GRF General Revenue Fund					$	400,000		$	400,000		79980

State Special Revenue Fund Group

79981

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	79982
506	723-601	Operating Expenses	$	13,643,315	$	13,643,315	79983
TOTAL SSR State Special Revenue							79984
Fund Group			$	14,163,315	$	14,163,315	79985
TOTAL ALL BUDGET FUND GROUPS			$	14,563,315	$	14,563,315	79986

Section 206.39. GOV OFFICE OF THE GOVERNOR

79988

General Revenue Fund

79989

GRF	040-321	Operating Expenses	$	3,981,582	$	3,981,582	79990
GRF	040-403	Federal Relations	$	422,760	$	422,760	79991
GRF	040-408	Office of Veterans' Affairs	$	267,923	$	267,923	79992
TOTAL GRF General Revenue Fund			$	4,672,265	$	4,672,265	79993

General Services Fund Group

79994

5AK	040-607		Federal Relations		$	354,514		$	354,514		79995
TOTAL GSF General Services Fund Group					$	354,514		$	354,514		79996

TOTAL ALL BUDGET FUND GROUPS

5,026,779

79997

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

79998

The Governor may expend a portion of the foregoing	79999
appropriation item 040-321, Operating Expenses, to hire or appoint	80000
legal counsel to be used in proceedings involving the Governor in	80001
the Governor's official capacity or the Governor's office only,	80002
without the approval of the Attorney General, notwithstanding	80003
sections 109.02 and 109.07 of the Revised Code.	80004

FEDERAL RELATIONS

80005

A portion of the foregoing appropriation items 040-403,	80006
Federal Relations, and 040-607, Federal Relations, may be used to	80007
support Ohio's membership in national or regional associations.	80008

The Office of the Governor may charge any state agency of the	80009
executive branch using an intrastate transfer voucher such amounts	80010
necessary to defray the costs incurred for the conduct of federal	80011
relations associated with issues that can be attributed to the	80012
agency. Amounts collected shall be deposited to the Office of the	80013
Governor Federal Relations Fund (Fund 5AK).	80014

Section 206.42. DOH DEPARTMENT OF HEALTH

80015

General Revenue Fund

80016

GRF	440-407	Animal Borne Disease and Prevention	$	2,452,101	$	2,452,101	80017
GRF	440-412	Cancer Incidence Surveillance System	$	1,002,619	$	1,002,619	80018
GRF	440-413	Local Health Department Support	$	3,786,794	$	3,786,794	80019
GRF	440-416	Child and Family Health Services	$	9,532,874	$	9,532,874	80020
GRF	440-418	Immunizations	$	8,600,615	$	8,600,615	80021
GRF	440-XXX	Free Clinic Liability Insurance	$	275,000	$	325,000	80022
GRF	440-444	AIDS Prevention and Treatment	$	7,158,127	$	7,158,127	80023
GRF	440-446	Infectious Disease Prevention	$	200,000	$	200,000	80024
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	80025
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	80026
GRF	440-453	Health Care Quality Assurance	$	10,253,728	$	10,253,728	80027
GRF	440-454	Local Environmental Health	$	889,752	$	889,752	80028
GRF	440-459	Help Me Grow	$	9,323,797	$	9,323,797	80029
GRF	440-461	Center for Vital and Health Stats	$	3,629,535	$	3,629,535	80030
GRF	440-505	Medically Handicapped Children	$	9,591,784	$	8,791,784	80031
GRF	440-507	Targeted Health Care Services Over 21	$	1,631,023	$	1,631,023	80032
TOTAL GRF General Revenue Fund			$	75,437,016	$	74,687,016	80033

General Services Fund Group

80034

142	440-618	Agency Health Services	$	2,461,915	$	2,561,915	80035
211	440-613	Central Support Indirect Costs	$	26,584,707	$	26,584,707	80036
473	440-622	Lab Operating Expenses	$	4,154,045	$	4,154,045	80037
683	440-633	Employee Assistance Program	$	1,208,214	$	1,208,214	80038
698	440-634	Nurse Aide Training	$	170,000	$	170,000	80039
TOTAL GSF General Services							80040
Fund Group			$	34,578,881	$	34,678,881	80041

Federal Special Revenue Fund Group

80042

320	440-601	Maternal Child Health Block Grant	$	28,779,322	$	29,025,635	80043
387	440-602	Preventive Health Block Grant	$	7,755,005	$	7,826,659	80044
389	440-604	Women, Infants, and Children	$	219,920,083	$	230,077,451	80045
391	440-606	Medicaid/Medicare	$	24,211,198	$	24,850,959	80046
392	440-618	Federal Public Health Programs	$	126,678,202	$	127,677,458	80047
TOTAL FED Federal Special Revenue							80048
Fund Group			$	407,343,810	$	419,458,162	80049

State Special Revenue Fund Group

80050

4D6	440-608	Genetics Services	$	2,617,000	$	2,617,000	80051
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	80052
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	80053
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	80054
4L3	440-609	Non-Governmental Grants and Awards	$	144,119	$	144,119	80055
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	80056
4V6	440-641	Save Our Sight	$	1,767,994	$	1,767,994	80057
470	440-618	Fee Supported Programs	$	16,025,194	$	16,025,194	80058
471	440-619	Certificate of Need	$	581,572	$	594,572	80059
477	440-627	Medically Handicapped Children Audit	$	3,800,000	$	3,693,016	80060
5BL	440-638	Healthy Ohioans	$	5,000,000	$	0	80061
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	80062
5CB	440-640	Poison Control Centers	$	200,000	$	200,000	80063
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	80064
5D6	440-620	Second Chance Trust	$	1,054,951	$	1,054,951	80065
5G4	440-639	Adoption Services	$	20,000	$	20,000	80066
5L1	440-623	Nursing Facility Technical Assistance Program	$	617,517	$	617,517	80067
610	440-626	Radiation Emergency Response	$	850,000	$	850,000	80068
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	80069
TOTAL SSR State Special Revenue							80070
Fund Group			$	50,572,156	$	45,478,172	80071

Holding Account Redistribution Fund Group

80072

R14	440-631	Vital Statistics	$	70,000	$	70,000	80073
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,000	$	20,000	80074
TOTAL 090 Holding Account							80075
Redistribution Fund Group			$	90,000	$	90,000	80076
TOTAL ALL BUDGET FUND GROUPS			$	568,021,863	$	574,392,231	80077

Section 206.42.03. CHILD AND FAMILY HEALTH SERVICES

80079

Of the foregoing appropriation item 440-416, Child and Family	80080
Health Services, not more than $1,700,000 in each fiscal year	80081
shall be used for women's health services.	80082

Of the foregoing appropriation item 440-416, Child and Family	80083
Health Services, not more than $270,000 shall be used in each	80084
fiscal year for the OPTIONS dental care access program.	80085

Of the foregoing appropriation item 440-416, Child and Family	80086
Health Services, not more than $900,000 in each fiscal year shall	80087
be used by federally qualified health centers and federally	80088
designated look-alikes to provide services to uninsured low-income	80089
persons.	80090

Of the foregoing appropriation item 440-416, Child and Family	80091
Health Services, not more than $500,000 in each fiscal year shall	80092
be used for abstinence-only education. The Director of Health	80093
shall develop guidelines for the establishment of abstinence	80094
programs for teenagers with the purpose of decreasing unplanned	80095
pregnancies and abortion. The guidelines shall be developed	80096
pursuant to Title V of the "Social Security Act," 42 U.S.C. 510,	80097
and shall include, but are not limited to, advertising campaigns	80098
and direct training in schools and other locations.	80099

Of the foregoing appropriation item 440-416, Child and Family	80100
Health Services, $10,000 in each fiscal year shall be allocated to	80101
the Jewish Family Services in Cleveland, $10,000 in each fiscal	80102
year shall be allocated to the Jewish Family Services in	80103
Cincinnati, $10,000 shall be allocated in each fiscal year to the	80104
Jewish Family Services in Columbus, and $10,000 in each fiscal	80105
year shall be allocated to the Wexner Heritage Village in Columbus	80106
for interpreters for health care.	80107

Of the foregoing appropriation item 440-416, Child and Family	80108
Health Services, $10,000 in each fiscal year shall be provided to	80109
the Jewish Family Services in Dayton, $5,000 in each fiscal year	80110
shall be provided to the Jewish Community Center in Akron, $5,000	80111
in each fiscal year shall be provided to the Jewish Community	80112
Center in Sylvania, $2,500 in each fiscal year shall be provided	80113
to the Jewish Community Center in Youngstown, and $2,500 in each	80114
fiscal year shall be provided to the Jewish Community Center in	80115
Canton.	80116

Of the foregoing appropriation item 440-416, Child and Family	80117
Health Services, $450,000 in each fiscal year shall be allocated	80118
to the Visiting Nurse Association.	80119

Of the foregoing appropriation item 440-416, Child and Family	80120
Health Services, $16,667 in each fiscal year shall be allocated to	80121
the Yassenoff Jewish Community Center, $16,667 in each fiscal year	80122
shall be allocated to the Jewish Community Center in Cincinnati,	80123
and $16,666 in each fiscal year shall be allocated to the Jewish	80124
Community Center in Cleveland for children's health and nutrition	80125
camp programs.	80126

Of the foregoing appropriation item 440-416, Child and Family	80127
Health Services, $25,000 in each fiscal year shall be allocated to	80128
Clermont County's Comprehensive Community Suicide Prevention	80129
Program.	80130

Section 206.42.06. WOMEN'S HEALTH SERVICES

80131

None of the funds received through grants for women's health	80132
services under this section from the foregoing appropriation item	80133
440-416, Child and Family Health Services, shall be used to	80134
provide abortion services. None of the funds received through	80135
these grants shall be used for counseling for or referrals for	80136
abortion, except in the case of a medical emergency. These funds	80137
shall be distributed by the Director of Health to programs that	80138
the Department of Health determines will provide services that are	80139
physically and financially separate from abortion-providing and	80140
abortion-promoting activities, and that do not include counseling	80141
for or referrals for abortion, other than in the case of medical	80142
emergency.	80143

These women's health services include and are limited to the	80144
following: pelvic examinations and laboratory testing; breast	80145
examinations and patient education on breast cancer; screening for	80146
cervical cancer; screening and treatment for Sexually Transmitted	80147
Diseases (STDs) and HIV screening; voluntary choice of	80148
contraception, including abstinence and natural family planning;	80149
patient education and pre-pregnancy counseling on the dangers of	80150
smoking, alcohol, and drug use during pregnancy; education on	80151
sexual coercion and violence in relationships; and prenatal care	80152
or referral for prenatal care. These health care services shall be	80153
provided by licensed doctors, licensed nurses, licensed medical	80154
assistants, licensed counselors, and licensed social workers in a	80155
medical clinic setting.	80156

The Director of Health shall adopt rules under Chapter 119.	80157
of the Revised Code specifying reasonable eligibility standards	80158
that must be met to receive the state funding and provide	80159
reasonable methods by which a grantee wishing to be eligible for	80160
federal funding may comply with these requirements for state	80161
funding without losing its eligibility for federal funding.	80162

Each applicant for these funds shall provide sufficient	80163
assurance to the Director of Health of all of the following:	80164

(A) The program shall not discriminate in the provision of	80165
services based on an individual's religion, race, national origin,	80166
handicapping condition, age, sex, number of pregnancies, or	80167
marital status;	80168

(B) The program shall provide services without subjecting	80169
individuals to any coercion to accept services or to employ any	80170
particular methods of family planning;	80171

(C) Acceptance of services shall be solely on a voluntary	80172
basis and may not be made a prerequisite to eligibility for, or	80173
receipt of, any other service, assistance from, or participation	80174
in, any other program of the service provider;	80175

(D) The costs for services provided by the program, if any	80176
are charged, shall be based on the patient's ability to pay and	80177
priority in the provision of services shall be given to persons	80178
from low-income families.	80179

In distributing these grant funds, the Director of Health	80180
shall give priority to grant requests from local departments of	80181
health for women's health services to be provided directly by	80182
personnel of the local department of health. The Director of	80183
Health shall issue a single request for proposals for all grants	80184
under this set-aside. The Director of Health shall send a	80185
notification of this request for proposals to every local	80186
department of health in this state and shall place a notification	80187
on the department's web site. The Director shall allow at least 30	80188
days after issuing this notification before closing the period to	80189
receive applications.	80190

After the closing date for receiving grant applications, the	80191
Director of Health shall first consider grant applications from	80192
local departments of health that apply for grants for women's	80193
health services to be provided directly by personnel of the local	80194
department of health. Local departments of health that apply for	80195
grants for women's health services to be provided directly by	80196
personnel of the local department of health need not provide all	80197
the listed women's health services in order to qualify for a	80198
grant. However, in prioritizing awards among local departments of	80199
health that qualify for funding under this paragraph, the Director	80200
of Health may consider, among other reasonable factors, the	80201
comprehensiveness of the women's health services to be offered,	80202
provided that no local department of health shall be discriminated	80203
against in the process of awarding these grant funds because the	80204
applicant does not provide contraception.	80205

If funds remain after awarding grants to all local	80206
departments of health that qualify for the priority, the Director	80207
of Health may make grants to other applicants. Awards to other	80208
applicants may be made to those applicants that will offer all	80209
eight of the listed women's health services or that will offer all	80210
of the services except contraception. No applicant shall be	80211
discriminated against in the process of awarding these grant funds	80212
because the applicant does not provide contraception.	80213

Section 206.42.09. FREE CLINIC LIABILITY INSURANCE

80214

Of the foregoing appropriation item 440-XXX, Free Clinic	80215
Liability Insurance, up to $20,000 in each fiscal year may be used	80216
by the Department of Health for administrative expenses related to	80217
the Medical Liability Insurance Reimbursement Program. The	80218
remainder in each fiscal year shall be used to pay for medical	80219
liability insurance for free clinics, including the clinics' staff	80220
and volunteer health care professionals and volunteer health care	80221
workers. The necessity and feasibility of the program shall be	80222
reviewed as part of the next biennial budget.	80223

HIV/AIDS PREVENTION/TREATMENT

80224

Of the foregoing appropriation item 440-444, AIDS Prevention	80225
and Treatment, not more than $6.7 million per fiscal year shall be	80226
used to assist persons with HIV/AIDS in acquiring HIV-related	80227
medications.	80228

INFECTIOUS DISEASE PREVENTION

80229

The foregoing appropriation item 440-446, Infectious Disease	80230
Prevention, shall be used for the purchase of drugs for sexually	80231
transmitted diseases.	80232

HELP ME GROW

80233

The foregoing appropriation item 440-459, Help Me Grow, shall	80234
be used by the Department of Health to distribute subsidies to	80235
counties to implement the Help Me Grow Program. Appropriation item	80236
440-459, Help Me Grow, may be used in conjunction with Temporary	80237
Assistance for Needy Families from the Department of Job and	80238
Family Services, Early Intervention funding from the Department of	80239
Mental Retardation and Developmental Disabilities, and in	80240
conjunction with other early childhood funds and services to	80241
promote the optimal development of young children. Local contracts	80242
shall be developed between local departments of job and family	80243
services and family and children first councils for the	80244
administration of TANF funding for the Help Me Grow Program. The	80245
Department of Health shall enter into an interagency agreement	80246
with the Department of Education, Department of Mental Retardation	80247
and Developmental Disabilities, Department of Job and Family	80248
Services, and Department of Mental Health to ensure that all early	80249
childhood programs and initiatives are coordinated and school	80250
linked.	80251

TARGETED HEALTH CARE SERVICES OVER 21

80252

In each fiscal year, of the foregoing appropriation item	80253
440-507, Targeted Health Care Services Over 21, $731,023 shall be	80254
used to administer the cystic fibrosis program and implement the	80255
Hemophilia Insurance Premium Payment Program.	80256

Of the foregoing appropriation item 440-507, Targeted Health	80257
Care Services Over 21, $900,000 in each fiscal year shall be used	80258
to provide essential medications for the cystic fibrosis program.	80259

MATERNAL CHILD HEALTH BLOCK GRANT

80260

Of the foregoing appropriation item 440-601, Maternal Child	80261
Health Block Grant (Fund 320), $2,091,299 shall be used in each	80262
fiscal year for the purposes of abstinence-only education. The	80263
Director of Health shall develop guidelines for the establishment	80264
of abstinence programs for teenagers with the purpose of	80265
decreasing unplanned pregnancies and abortion. The guidelines	80266
shall be developed under Title V of the "Social Security Act," 42	80267
U.S.C. 510, and shall include, but are not limited to, advertising	80268
campaigns and direct training in schools and other locations.	80269

GENETICS SERVICES

80270

The foregoing appropriation item 440-608, Genetics Services	80271
(Fund 4D6), shall be used by the Department of Health to	80272
administer programs authorized by sections 3701.501 and 3701.502	80273
of the Revised Code. None of these funds shall be used to counsel	80274
or refer for abortion, except in the case of a medical emergency.	80275

SAFETY AND QUALITY OF CARE STANDARDS

80276

The Department of Health may use Fund 471, Certificate of	80277
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	80278
the Revised Code in each fiscal year.	80279

MEDICALLY HANDICAPPED CHILDREN AUDIT

80280

The Medically Handicapped Children Audit Fund (Fund 477)	80281
shall receive revenue from audits of hospitals and recoveries from	80282
third-party payers. Moneys may be expended for payment of audit	80283
settlements and for costs directly related to obtaining recoveries	80284
from third-party payers and for encouraging Medically Handicapped	80285
Children's Program recipients to apply for third-party benefits.	80286
Moneys also may be expended for payments for diagnostic and	80287
treatment services on behalf of medically handicapped children, as	80288
defined in division (A) of section 3701.022 of the Revised Code,	80289
and Ohio residents who are twenty-one or more years of age and who	80290
are suffering from cystic fibrosis or hemophilia. Moneys may also	80291
be expended for administrative expenses incurred in operating the	80292
Medically Handicapped Children's Program.	80293

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	80294
PERMIT FUND	80295

The Director of Budget and Management, pursuant to a plan	80296
submitted by the Department of Health, or as otherwise determined	80297
by the Director of Budget and Management, shall set a schedule to	80298
transfer cash from the Liquor Control Fund (Fund 043) to the	80299
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	80300
needs of the Alcohol Testing and Permit program.	80301

The Director of Budget and Management shall transfer to the	80302
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	80303
Fund (Fund 043) created in section 4301.12 of the Revised Code	80304
such amounts at such times as determined by the transfer schedule.	80305

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

80306

The foregoing appropriation item 440-607, Medically	80307
Handicapped Children - County Assessments (Fund 666), shall be	80308
used to make payments under division (E) of section 3701.023 of	80309
the Revised Code.	80310

Section 206.42.12. MEDICALLY HANDICAPPED CHILDREN - FUTURE	80311
FUNDING	80312

(A) There is hereby created the Legislative Committee on the	80313
Future Funding of the Bureau for Children with Medical Handicaps.	80314
The Speaker of the House of Representatives shall appoint three	80315
members of the House of Representatives, not more than two of whom	80316
shall belong to the same political party as the Speaker. The	80317
President of the Senate shall appoint three members of the Senate,	80318
not more than two of whom shall belong to the same political party	80319
as the President. The Speaker of the House of Representatives and	80320
the President of the Senate shall each appoint three members of	80321
the general public who suffer from a disease or disorder covered	80322
by the Program for Medically Handicapped Children (otherwise known	80323
as the Bureau for Children with Medical Handicaps) in the Ohio	80324
Department of Health, or family members of such individuals. The	80325
following also shall serve on the Committee:	80326

(1) The Director of Health, or the Director's designee;

80327

(2) The Superintendent of Insurance, or the Superintendent's	80328
designee;	80329

(3) The Director of Job and Family Services, or the	80330
Director's designee;	80331

(4) One person designated by the County Commissioners	80332
Association of Ohio;	80333

(5) One person designated by the Ohio Children's Hospital	80334
Association;	80335

(6) One person designated by the Ohio Association of Health	80336
Plans;	80337

(7) One person designated by the American Academy of	80338
Pediatrics;	80339

(8) One person designated by the Ohio hospital association;

80340

(9) One person designated by the Ohio association of health	80341
commissioners;	80342

(10) One person designated by the Ohio nurses association.

80343

Members of the Committee shall elect a chairperson. A	80344
majority of the members of the Committee constitutes a quorum for	80345
the conduct of Committee meetings.	80346

(B) Members of the Committee shall receive no compensation.

80347

80348

(1) Examine the current status of the Program and recommend	80349
best practices to be used in assisting working parents who have	80350
children with special health needs;	80351

(2) Review all existing statutes and rules in Ohio pertaining	80352
to the Program;	80353

(3) Review payment strategies in other states that facilitate	80354
adequate care for children with chronic conditions and support	80355
their families;	80356

(4) Review all funding sources for the Program, including	80357
funding received from county levies, the General Revenue Fund and	80358
other state-based sources, and the Maternal and Child Health Block	80359
Grant of Title V of the "Social Security Act," 40 Stat. 620	80360
(1935), 42 U.S.C. 301;	80361

(5) Request testimony from parents of children with special	80362
health needs and the children themselves and from health care	80363
professionals and other individuals who provide services to Bureau	80364
patients;	80365

(D) Not later than December 31, 2006, the Committee shall	80366
make recommendations and submit a report to the Governor, the	80367
President and Minority Leader of the Senate, and the Speaker and	80368
Minority Leader of the House of Representatives. The report shall	80369
include an analysis of the current system of services covered by	80370
the Program and may include determinations and recommendations	80371
regarding how the state can best address the current and future	80372
needs of patients served by the Program. On submission of the	80373
report, the Committee shall cease to exist.	80374

Section 206.42.13. REVISION OF RULES GOVERNING PROGRAM FOR	80375
MEDICALLY HANDICAPPED CHILDREN	80376

Not later than December 1, 2005, the Public Health Council	80377
shall revise rule 3701-43-16 of the Administrative Code regarding	80378
financial eligibility for payment for treatment under the Program	80379
for Medically Handicapped Children. As part of the revision, the	80380
Public Health Council shall return the financial eligibility	80381
levels for fiscal years 2006 and 2007 to the levels in effect	80382
prior to October 13, 2003.	80383

Beginning July 1, 2005, the Department of Health shall	80384
contact all persons who lost eligibility for the Program for	80385
Medically Handicapped Children or their parents or guardians to	80386
inform them of revisions made to the Program's eligibility rules.	80387

Section 206.42.16. NURSING FACILITY TECHNICAL ASSISTANCE	80388
PROGRAM	80389

The Director of Budget and Management shall transfer, by	80390
intrastate transfer voucher, each fiscal year, cash from Fund 4E3,	80391
Resident Protection Fund, in the Ohio Department of Job and Family	80392
Services, to Fund 5L1, Nursing Facility Technical Assistance	80393
Program Fund, in the Ohio Department of Health, to be used under	80394
section 3721.026 of the Revised Code. The transfers shall equal	80395
$183,843 in fiscal year 2006 and $617,517 in fiscal year 2007.	80396

Section 206.42.19. TRANSFER FROM STATE FIRE MARSHAL'S FUND	80397
(FUND 546) TO THE POISON CONTROL FUND (FUND 5CB) IN THE DEPARTMENT	80398
OF HEALTH	80399

Notwithstanding section 3737.71 of the Revised Code, on July	80400
1, 2005, or as soon as possible thereafter, the Director of Budget	80401
and Management shall transfer $200,000 cash from the State Fire	80402
Marshal's Fund (Fund 546) in the Department of Commerce to the	80403
Poison Control Fund (Fund 5CB) in the Department of Health, which	80404
is hereby created. Notwithstanding section 3737.71 of the Revised	80405
Code, on July 1, 2006, or as soon as possible thereafter, the	80406
Director of Budget and Management shall transfer $200,000 cash	80407
from the State Fire Marshal's Fund (Fund 546) in the Department of	80408
Commerce to the Poison Control Fund (Fund 5CB) in the Department	80409
of Health.	80410

POISON CONTROL CENTERS

80411

Of the foregoing appropriation item 440-640, Poison Control	80412
Centers, in each fiscal year, the poison control centers in the	80413
municipal corporations of Cleveland, Cincinnati, Columbus, and	80414
Dayton shall each receive an allocation of $50,000.	80415

Section 206.45. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

80416

Agency Fund Group

80417

461	372-601	Operating Expenses	$	16,819	$	16,819	80418
TOTAL AGY Agency Fund Group			$	16,819	$	16,819	80419
TOTAL ALL BUDGET FUND GROUPS			$	16,819	$	16,819	80420

Section 206.48. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

80422

General Revenue Fund

80423

GRF	148-100	Personal Services	$	145,880	$	145,880	80424
GRF	148-200	Maintenance	$	35,901	$	35,901	80425
TOTAL GRF General Revenue Fund			$	181,781	$	181,781	80426

General Services Fund Group

80427

601	148-602	Gifts and Miscellaneous	$	5,000	$	5,000	80428
TOTAL GSF General Services							80429
Fund Group			$	5,000	$	5,000	80430
TOTAL ALL BUDGET FUND GROUPS			$	186,781	$	186,781	80431

Section 206.51. OHS OHIO HISTORICAL SOCIETY

80433

General Revenue Fund

80434

GRF	360-501	Operating Subsidy	$	3,288,274	$	3,288,274	80435
GRF	360-502	Site Operations	$	8,388,725	$	8,388,725	80436
GRF	360-504	Ohio Preservation Office	$	281,041	$	281,041	80437
GRF	360-505	Afro-American Museum	$	754,884	$	754,884	80438
GRF	360-506	Hayes Presidential Center	$	509,231	$	509,231	80439
GRF	360-508	Historical Grants	$	1,185,000	$	1,185,000	80440
TOTAL GRF General Revenue Fund			$	14,407,155	$	14,407,155	80441
TOTAL ALL BUDGET FUND GROUPS			$	14,407,155	$	14,407,155	80442

SUBSIDY APPROPRIATION

80443

Upon approval by the Director of Budget and Management, the	80444
foregoing appropriation items shall be released to the Ohio	80445
Historical Society in quarterly amounts that in total do not	80446
exceed the annual appropriations. The funds and fiscal records of	80447
the society for fiscal years 2006 and 2007 shall be examined by	80448
independent certified public accountants approved by the Auditor	80449
of State, and a copy of the audited financial statements shall be	80450
filed with the Office of Budget and Management. The society shall	80451
prepare and submit to the Office of Budget and Management the	80452
following:	80453

(A) An estimated operating budget for each fiscal year of the	80454
biennium. The operating budget shall be submitted at or near the	80455
beginning of each calendar year.	80456

(B) Financial reports, indicating actual receipts and	80457
expenditures for the fiscal year to date. These reports shall be	80458
filed at least semiannually during the fiscal biennium.	80459

The foregoing appropriations shall be considered to be the	80460
contractual consideration provided by the state to support the	80461
state's offer to contract with the Ohio Historical Society under	80462
section 149.30 of the Revised Code.	80463

HAYES PRESIDENTIAL CENTER

80464

If a United States government agency, including, but not	80465
limited to, the National Park Service, chooses to take over the	80466
operations or maintenance of the Hayes Presidential Center, in	80467
whole or in part, the Ohio Historical Society shall make	80468
arrangements with the National Park Service or other United States	80469
government agency for the efficient transfer of operations or	80470
maintenance.	80471

HISTORICAL GRANTS

80472

Of the foregoing appropriation item 360-508, Historical	80473
Grants, $250,000 in each fiscal year shall be distributed to the	80474
Western Reserve Historical Society in Cleveland.	80475

Of the foregoing appropriation item 360-508, Historical	80476
Grants, $225,000 in each fiscal year shall be distributed to the	80477
Great Lakes Historical Society in Vermilion.	80478

Of the foregoing appropriation item 360-508, Historical	80479
Grants, $75,000 in each fiscal year shall be distributed to the	80480
Hebrew Union College in Cincinnati for the Center for Holocaust	80481
and Humanity Education, $100,000 in each fiscal year shall be	80482
distributed to Art Academy of Cincinnati, $100,000 in each fiscal	80483
year shall be distributed to the Cincinnati Art Museum, and	80484
$250,000 in each fiscal year shall be distributed to the	80485
Cincinnati Museum Center.	80486

Of the foregoing appropriation item 360-508, Historical	80487
Grants, $25,000 in each fiscal year shall be distributed to the	80488
Roseville Historical Society.	80489

Of the foregoing appropriation item 360-508, Historical	80490
Grants, $125,000 in each fiscal year shall be distributed to the	80491
Harbor Heritage Society Steamship Mather in Cleveland.	80492

Of the foregoing appropriation item 360-508, Historical	80493
Grants, $35,000 in each fiscal year shall be distributed to the	80494
Castle Farm project in the City of Mason.	80495

Section 206.54. REP OHIO HOUSE OF REPRESENTATIVES

80496

General Revenue Fund

80497

GRF	025-321		Operating Expenses		$	20,169,168		$	20,370,859		80498
TOTAL GRF General Revenue Fund					$	20,169,168		$	20,370,859		80499

General Services Fund Group

80500

103	025-601	House Reimbursement	$	1,419,469	$	1,419,469	80501
4A4	025-602	Miscellaneous Sales	$	37,474	$	37,474	80502
TOTAL GSF General Services							80503
Fund Group			$	1,456,943	$	1,456,943	80504
TOTAL ALL BUDGET FUND GROUPS			$	21,626,111	$	21,827,802	80505

OPERATING EXPENSES

80506

On July 1, 2005, or as soon as possible thereafter, the Chief	80507
Administrative Officer of the House of Representatives shall	80508
certify to the Director of Budget and Management the total fiscal	80509
year 2005 unencumbered appropriations in appropriation item	80510
025-321, Operating Expenses. The Chief Administrative Officer may	80511
direct the Director of Budget and Management to transfer an amount	80512
not to exceed the total fiscal year 2005 unencumbered	80513
appropriations to fiscal year 2006 for use within appropriation	80514
item 025-321, Operating Expenses. Additional appropriation	80515
authority equal to the amount certified by the Chief	80516
Administrative Officer is hereby appropriated to appropriation	80517
item 025-321, Operating Expenses, in fiscal year 2006.	80518

On July 1, 2006, or as soon as possible thereafter, the Chief	80519
Administrative Officer of the House of Representatives shall	80520
certify to the Director of Budget and Management the total fiscal	80521
year 2006 unencumbered appropriations in appropriation item	80522
025-321, Operating Expenses. The Chief Administrative Officer may	80523
direct the Director of Budget and Management to transfer an amount	80524
not to exceed the total fiscal year 2006 unencumbered	80525
appropriations to fiscal year 2007 for use within appropriation	80526
item 025-321, Operating Expenses. Additional appropriation	80527
authority equal to the amount certified by the Chief	80528
Administrative Officer is hereby appropriated to appropriation	80529
item 025-321, Operating Expenses, in fiscal year 2007.	80530

Section 206.57. HFA OHIO HOUSING FINANCE AGENCY

80531

General Services Fund Group

80532

5AZ	997-601	Housing Finance Agency Personal Services	$	8,100,000	$	8,100,000	80533
TOTAL GSF General Services Fund Group			$	8,100,000	$	8,100,000	80534
TOTAL ALL BUDGET FUND GROUPS			$	8,100,000	$	8,100,000	80535

Section 206.60. IGO OFFICE OF THE INSPECTOR GENERAL

80537

General Revenue Fund

80538

GRF	965-321		Operating Expenses		$	800,868		$	829,085		80539
TOTAL GRF General Revenue Fund					$	800,868		$	829,085		80540

General Services Fund Group

80541

4Z3	965-602	Special Investigations	$	100,000	$	100,000	80542
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	80543
TOTAL ALL BUDGET FUND GROUPS			$	900,868	$	929,085	80544

SPECIAL INVESTIGATIONS

80545

Of the foregoing appropriation item 965-602, Special	80546
Investigations, up to $100,000 in each fiscal year may be used for	80547
investigative costs, pursuant to section 121.481 of the Revised	80548
Code.	80549

Section 206.63. INS DEPARTMENT OF INSURANCE

80550

Federal Special Revenue Fund Group

80551

3U5	820-602	OSHIIP Operating Grant	$	1,080,000	$	1,080,000	80552
TOTAL FED Federal Special							80553
Revenue Fund Group			$	1,080,000	$	1,080,000	80554

State Special Revenue Fund Group

80555

554	820-601	Operating Expenses - OSHIIP	$	564,754	$	571,772	80556
554	820-606	Operating Expenses	$	22,654,232	$	22,832,214	80557
555	820-605	Examination	$	7,639,581	$	7,639,581	80558
TOTAL SSR State Special Revenue							80559
Fund Group			$	30,858,567	$	31,043,567	80560
TOTAL ALL BUDGET FUND GROUPS			$	31,938,567	$	32,123,567	80561

MARKET CONDUCT EXAMINATION

80562

When conducting a market conduct examination of any insurer	80563
doing business in this state, the Superintendent of Insurance may	80564
assess the costs of the examination against the insurer. The	80565
superintendent may enter into consent agreements to impose	80566
administrative assessments or fines for conduct discovered that	80567
may be violations of statutes or rules administered by the	80568
superintendent. All costs, assessments, or fines collected shall	80569
be deposited to the credit of the Department of Insurance	80570
Operating Fund (Fund 554).	80571

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

80572

The Director of Budget and Management, at the request of the	80573
Superintendent of Insurance, may transfer funds from the	80574
Department of Insurance Operating Fund (Fund 554), created by	80575
section 3901.021 of the Revised Code, to the Superintendent's	80576
Examination Fund (Fund 555), created by section 3901.071 of the	80577
Revised Code, only for expenses incurred in examining domestic	80578
fraternal benefit societies as required by section 3921.28 of the	80579
Revised Code.	80580

Section 206.66. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

80581

General Revenue Fund

80582

GRF	600-321	Support Services					80583
		State	$	62,797,907	$	60,065,397	80584
		Federal	$	8,114,493	$	8,454,541	80585
		Support Services Total	$	70,912,400	$	68,519,938	80586
GRF	600-410	TANF State	$	272,619,061	$	272,619,061	80587
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	80588
GRF	600-416	Computer Projects					80589
		State	$	114,516,710	$	117,226,021	80590
		Federal	$	37,579,198	$	34,255,465	80591
		Computer Projects Total	$	152,095,908	$	151,481,486	80592
GRF	600-420	Child Support Administration	$	5,091,446	$	5,091,446	80593
GRF	600-421	Office of Family Stability	$	4,864,932	$	4,864,932	80594
GRF	600-423	Office of Children and Families	$	5,408,020	$	5,431,690	80595
GRF	600-425	Office of Ohio Health Plans					80596
		State	$	24,803,631	$	24,054,873	80597
		Federal	$	26,539,544	$	25,810,409	80598
		Office of Ohio Health Plans Total	$	51,343,175	$	49,865,282	80599
GRF	600-502	Child Support Match	$	16,814,103	$	16,814,103	80600
GRF	600-511	Disability Financial Assistance	$	22,839,371	$	22,839,371	80601
GRF	600-512	Non-TANF Disaster Assistance	$	1,000,000	$	1,000,000	80602
GRF	600-521	Entitlement Administration - Local	$	151,206,401	$	151,206,401	80603
GRF	600-523	Children and Families Subsidy	$	69,438,543	$	69,438,543	80604
GRF	600-525	Health Care/Medicaid					80605
		State	$	3,777,442,629	$	3,795,940,675	80606
		Federal	$	5,652,650,287	$	5,731,692,576	80607
		Health Care Total	$	9,430,092,916	$	9,527,633,251	80608
GRF	600-526	Medicare Part D	$	155,349,266	$	339,578,325	80609
GRF	600-528	Adoption Services					80610
		State	$	33,698,298	$	35,516,130	80611
		Federal	$	40,331,807	$	43,022,485	80612
		Adoption Services Total	$	74,030,105	$	78,538,615	80613
TOTAL GRF General Revenue Fund							80614
		State	$	4,802,010,914	$	5,005,807,564	80615
		Federal	$	5,765,215,329	$	5,843,235,476	80616
		GRF Total	$	10,567,226,243	$	10,849,043,040	80617

General Services Fund Group

80618

4A8	600-658	Child Support Collections	$	26,680,794	$	26,680,794	80619
4R4	600-665	BCII Services/Fees	$	36,974	$	36,974	80620
5C9	600-671	Medicaid Program Support	$	73,015,021	$	63,947,536	80621
5N1	600-677	County Technologies	$	1,000,000	$	1,000,000	80622
613	600-645	Training Activities	$	135,000	$	135,000	80623
TOTAL GSF General Services							80624
Fund Group			$	100,867,789	$	91,800,304	80625

Federal Special Revenue Fund Group

80626

3AW	600-675	Faith Based Initiatives	$	750,000	$	750,000	80627
3A2	600-641	Emergency Food Distribution	$	2,600,000	$	2,800,000	80628
3BB	600-635	Children's Hospitals - Federal	$	9,000,000	$	9,000,000	80629
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	80630
3F0	600-623	Health Care Federal	$	616,011,784	$	771,889,193	80631
3F0	600-650	Hospital Care Assurance Match	$	343,239,047	$	343,239,047	80632
3G5	600-655	Interagency Reimbursement	$	1,364,802,369	$	1,426,954,440	80633
3H7	600-617	Child Care Federal	$	208,000,000	$	208,000,000	80634
3N0	600-628	IV-E Foster Care Maintenance	$	153,963,142	$	153,963,142	80635
3S5	600-622	Child Support Projects	$	534,050	$	534,050	80636
3V0	600-688	Workforce Investment Act	$	208,322,037	$	208,097,948	80637
3V4	600-678	Federal Unemployment Programs	$	153,435,545	$	157,202,750	80638
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,829,430	$	3,800,573	80639
3V6	600-689	TANF Block Grant	$	756,604,142	$	781,983,200	80640
3W3	600-659	TANF/Title XX Transfer	$	8,000,000	$	5,400,000	80641
327	600-606	Child Welfare	$	33,160,190	$	33,090,786	80642
331	600-686	Federal Operating	$	43,966,134	$	44,929,546	80643
384	600-610	Food Stamps and State Administration	$	188,238,706	$	181,250,799	80644
385	600-614	Refugee Services	$	6,083,829	$	6,542,439	80645
395	600-616	Special Activities/Child and Family Services	$	4,567,112	$	4,564,877	80646
396	600-620	Social Services Block Grant	$	120,993,012	$	121,004,222	80647
397	600-626	Child Support	$	287,468,576	$	287,468,576	80648
398	600-627	Adoption Maintenance/ Administration	$	314,639,519	$	314,639,519	80649
TOTAL FED Federal Special Revenue							80650
Fund Group			$	4,830,249,148	$	5,069,145,631	80651

State Special Revenue Fund Group

80652

198	600-647	Children's Trust Fund	$	6,788,522	$	6,788,522	80653
4A9	600-607	Unemployment Compensation Administration Fund	$	10,811,527	$	10,811,527	80654
4A9	600-694	Unemployment Compensation Review Commission	$	3,188,473	$	3,188,473	80655
4E3	600-605	Nursing Home Assessments	$	4,759,914	$	4,759,914	80656
4E7	600-604	Child and Family Services Collections	$	1,237,500	$	300,000	80657
4F1	600-609	Foundation Grants/Child and Family Services	$	61,420	$	61,420	80658
4J5	600-613	Nursing Facility Bed Assessments	$	34,613,984	$	34,613,984	80659
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	80660
4K1	600-621	ICF/MR Bed Assessments	$	20,074,255	$	20,064,131	80661
4R3	600-687	Banking Fees	$	800,000	$	800,000	80662
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	80663
5AA	600-673	Ohio's Best Rx Administration	$	5,000,000	$	5,000,000	80664
5BE	600-693	Child Support Operating	$	5,000,000	$	5,000,000	80665
5BG	600-653	Managed Care Assessment	$	18,795,483	$	99,410,121	80666
5CR	600-636	Children's Hospitals - State	$	6,000,000	$	6,000,000	80667
5F2	600-667	Building Consolidation	$	250,000	$	250,000	80668
5F3	600-668	Building Consolidation	$	1,000,000	$	1,000,000	80669
5P5	600-692	Health Care Services	$	828,587,776	$	538,301,761	80670
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	56,125,998	$	56,125,998	80671
5R2	600-608	Medicaid-Nursing Facilities	$	160,192,055	$	176,632,090	80672
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	80673
5U3	600-654	Health Care Services Administration	$	10,115,870	$	15,474,709	80674
5U6	600-663	Children and Family Support	$	4,929,717	$	4,929,717	80675
5Z9	600-672	TANF Quality Control Reinvestments	$	647,409	$	688,421	80676
651	600-649	Hospital Care Assurance Program Fund	$	231,893,404	$	231,893,404	80677
TOTAL SSR State Special Revenue							80678
Fund Group			$	1,438,194,267	$	1,249,415,152	80679

Agency Fund Group

80680

192	600-646	Support Intercept - Federal	$	110,000,000	$	110,000,000	80681
5B6	600-601	Food Stamp Intercept	$	2,000,000	$	2,000,000	80682
583	600-642	Support Intercept - State	$	16,000,000	$	16,000,000	80683
TOTAL AGY Agency Fund Group			$	128,000,000	$	128,000,000	80684

Holding Account Redistribution Fund Group

80685

R12	600-643	Refunds and Audit Settlements	$	3,600,000	$	3,600,000	80686
R13	600-644	Forgery Collections	$	10,000	$	10,000	80687
TOTAL 090 Holding Account Redistribution Fund Group			$	3,610,000	$	3,610,000	80688
TOTAL ALL BUDGET FUND GROUPS			$	17,068,147,447	$	17,391,014,127	80689

Section 206.66.03. APPROPRIATION ITEM RESTRUCTURING

80691

(A) If the Directors of Job and Family Services and Budget	80692
and Management agree, the Director of Budget and Management may,	80693
in fiscal years 2006 and 2007, reduce appropriations in	80694
appropriation items 600-321, Support Services, and 600-416,	80695
Computer Projects, by amounts equal to the federal share in each	80696
appropriation item. The total amount by which these appropriation	80697
items are reduced in accordance with this division is hereby	80698
appropriated to appropriation item 600-651, Federal General	80699
Operating (Fund 3AX).	80700

(B) The Department of Job and Family Services may submit to	80701
the Office of Budget and Management a plan to realign	80702
appropriation items 600-321, Support Services, and 600-416,	80703
Computer Projects. The plan may include a request for the Director	80704
of Budget and Management to transfer appropriations from	80705
appropriation items 600-321, Support Services, and 600-416,	80706
Computer Projects, to any other General Revenue Fund appropriation	80707
items in Section 312.03 of this act. If the plan is approved by	80708
the Office of Budget and Management, the Director of Budget and	80709
Management shall transfer appropriations as requested in the plan.	80710
Dollars spent pursuant to appropriations transferred in accordance	80711
with this division shall be for the same purposes for which the	80712
original appropriations were made.	80713

(C) In fiscal year 2007, the Department of Job and Family	80714
Services, with the approval of the Office of Budget and	80715
Management, shall utilize a method for determining the payments	80716
from applicable appropriation items into the Support Services	80717
State Operating Fund (Fund 230). The method shall contain	80718
characteristics of administrative ease and uniform application.	80719
Payments to the Support Services State Operating Fund (Fund 230)	80720
shall be made by intrastate transfer voucher. Amounts transferred	80721
in accordance with this division are hereby appropriated to	80722
appropriation item 600-661, Support Services State Operating (Fund	80723
230).	80724

Section 206.66.06. GOVERNOR'S OFFICE OF FAITH-BASED AND	80725
COMMUNITY INITIATIVES	80726

Of the foregoing appropriation item 600-321, Support	80727
Services, up to $312,500 per fiscal year may be used to support	80728
the activities of the Governor's Office of Faith-Based and	80729
Community Initiatives.	80730

Section 206.66.09. TANF OHIO WORKS FIRST CASH ASSISTANCE	80731
PAYMENTS	80732

The Department of Job and Family Services shall use a portion	80733
of the moneys appropriated for the TANF program in appropriation	80734
items 600-410, TANF State; 600-658, Child Support Collections; and	80735
600-689, TANF Block Grant, to increase the cash assistance	80736
provided to recipients of benefits under the TANF Ohio Works First	80737
program by up to 10 per cent as compared to the cash assistance	80738
provided prior to July 1, 2005. The increased TANF cash assistance	80739
benefit shall be effective October 1, 2005.	80740

Section 206.66.10. MEDICAID DATA SYSTEM

80741

Upon receipt of federal approval and assured ninety per cent	80742
reimbursement for the project, up to $6,000,000 in state and	80743
federal funds in fiscal year 2006 and up to $4,000,000 in state	80744
and federal funds in fiscal year 2007 shall be used to fund the	80745
computer system specified in section 5111.915 of the Revised Code.	80746

Section 206.66.12. OHIO'S BEST RX START-UP COSTS

80747

An amount equal to the remaining unencumbered balance in	80748
appropriation item 600-440, Ohio's Best Rx Start-Up Costs, from	80749
fiscal year 2005 is hereby appropriated for fiscal year 2006 into	80750
appropriation item 600-440, Ohio's Best Rx Start-Up Costs. An	80751
amount equal to the remaining unencumbered balance in	80752
appropriation item 600-440, Ohio's Best Rx Start-Up Costs, from	80753
fiscal year 2006 is hereby appropriated for fiscal year 2007 into	80754
appropriation item 600-440, Ohio's Best Rx Start-up Costs. The	80755
appropriation item 600-440, Ohio's Best Rx Start-Up Costs, shall	80756
be used by the Department of Job and Family Services to pay for	80757
the administrative and operational expenses for the Ohio's Best Rx	80758
Program in accordance with Chapter 5110. of the Revised Code,	80759
including costs associated with the duties assigned by the	80760
Department to the Ohio's Best Rx Program Administrator and for	80761
making payments to participating terminal distributors until	80762
sufficient cash exists to make payments from the accounts created	80763
in sections 5110.32 and 5110.33 of the Revised Code. Of	80764
appropriation item 600-440, Ohio's Best Rx Start-Up Costs, not	80765
more than $750,000 per fiscal year may be used by the department	80766
for administrative and operational costs, excluding outreach, that	80767
are not associated with the Ohio's Best Rx Program Administrator	80768
or the payments to participating terminal distributors.	80769

If the Director of Job and Family Services estimates that the	80770
appropriation is insufficient to fully cover start-up costs, the	80771
Director shall, in consultation with the Director of Budget and	80772
Management, submit a letter to the Governor, President of the	80773
Senate, Speaker of the House of Representatives, and the minority	80774
leaders of the Senate and House of Representatives. The letter	80775
shall declare the additional appropriation estimated to be needed	80776
and shall show a breakdown of how the additional appropriation	80777
will be used. The Director of Job and Family Services shall obtain	80778
the approval of the Controlling Board for any supplemental	80779
appropriation, if required. The amount approved by the Controlling	80780
Board is hereby appropriated. The use of state funds for program	80781
costs as provided in this section shall in no way obligate the	80782
state to fund further program costs, as the program is a discount	80783
program, not an entitlement program.	80784

OHIO'S BEST RX ADMINISTRATION

80785

The foregoing appropriation item 600-673, Ohio's Best Rx	80786
Administration, shall be used on an ongoing basis to cover	80787
expenses associated with the Ohio's Best Rx Program defined in	80788
section 5110.33 of the Revised Code. If receipts to the fund	80789
exceed the appropriated amount, the Director of Job and Family	80790
Services may request that the Director of Budget and Management	80791
increase the appropriation of this fund. Upon approval from the	80792
Director of Budget and Management, the additional amounts are	80793
hereby appropriated.	80794

Section 206.66.21. TANF TRANSFERS

80795

(A) Notwithstanding any provision of law to the contrary,	80796
through June 30, 2007, if the Director of Budget and Management	80797
determines that the estimated ending fund balance of the General	80798
Revenue Fund will be greater than the amounts assumed in this act	80799
for either fiscal year, the director may transfer the excess	80800
balance, up to a total of $96,000,000 to Fund 5AX, Public	80801
Assistance Reconciliation Fund, to pay the state's outstanding	80802
TANF liability to the federal government. Upon transfer, these	80803
amounts are hereby appropriated. This division does not apply to	80804
division (A) of Section 312.09, Budget Stabilization Fund	80805
Transfers, of this act.	80806

(B) In executing division (A) of this section and division	80807
(A) of Section 312.09, Budget Stabilization Fund Transfers, it is	80808
intended that these divisions be applied and construed so that	80809
both of the transfers authorized under these divisions may be made	80810
through June 30, 2007.	80811

Section 206.66.22. FISCAL YEAR 2006 AND FISCAL YEAR 2007	80812
MEDICAID REIMBURSEMENT SYSTEM FOR ICFs/MR	80813

(A) As used in this section:

80814

"2003 cost report" means a complete and adequate Medicaid	80815
cost report covering calendar year 2003 filed with the Department	80816
of Job and Family Services under section 5111.26 of the Revised	80817
Code.	80818

"Intermediate care facility for the mentally retarded" has	80819
the same meaning as in section 5111.20 of the Revised Code.	80820

"ICF/MR services" means intermediate care facility for the	80821
mentally retarded services covered by the Medicaid program that an	80822
intermediate care facility for the mentally retarded provides to a	80823
resident of the facility who is a Medicaid recipient eligible for	80824
Medicaid-covered intermediate care facility for the mentally	80825
retarded services.	80826

(B) Except as provided in division (C) of this section, an	80827
intermediate care facility for the mentally retarded that has a	80828
valid Medicaid provider agreement on June 30, 2005, and a valid	80829
Medicaid provider agreement for fiscal years 2006 and 2007 shall	80830
be paid, for ICF/MR services the facility provides during fiscal	80831
years 2006 and 2007, the per diem rate the facility is paid for	80832
providing ICF/MR services on June 30, 2005.	80833

(C) If an intermediate care facility for the mentally	80834
retarded undergoes a change of provider during fiscal year 2006 or	80835
2007, the facility shall be paid, for ICF/MR services the facility	80836
provides during the period beginning on the effective date of the	80837
change of provider and ending June 30, 2007, the per diem rate	80838
paid to the previous provider for ICF/MR services that the	80839
previous provider provided on the day immediately before the	80840
effective date of the change of provider.	80841

(D) If, during fiscal year 2006 or 2007, an intermediate care	80842
facility for the mentally retarded obtains certification as an	80843
intermediate care facility for the mentally retarded from the	80844
Director of Health and begins participation in the Medicaid	80845
program, the facility shall be paid, for ICF/MR services the	80846
facility provides during the period beginning on the date the	80847
facility begins participation in the Medicaid program and ending	80848
June 30, 2007, a per diem rate that is the median of all per diem	80849
rates paid to intermediate care facilities for the mentally	80850
retarded on July 1, 2005.	80851

(E) If, during fiscal year 2006 or 2007, one or more Medicaid	80852
certified beds are added to an intermediate care facility for the	80853
mentally retarded with a valid Medicaid provider agreement for the	80854
time that the beds are added, the facility shall be paid a per	80855
diem rate for the new beds that is the same as the facility's per	80856
diem rate for the Medicaid certified beds that are in the facility	80857
on the day before the new beds are added.	80858

(F) An adjustment necessitated by an audit of an intermediate	80859
care facility for the mentally retarded's 2003 cost report may be	80860
applied to a per diem rate established under this section for the	80861
facility.	80862

(G) The Department of Job and Family Services shall follow	80863
this section in determining the per diem rate to be paid an	80864
intermediate care facility for the mentally retarded under the	80865
Medicaid program for ICF/MR services provided during fiscal years	80866
2006 and 2007 notwithstanding anything to the contrary in sections	80867
5111.20 to 5111.33 of the Revised Code.	80868

Section 206.66.23. FISCAL YEAR 2006 MEDICAID REIMBURSEMENT	80869
SYSTEM FOR NURSING FACILITIES	80870

(A) As used in this section:

80871

"2003 cost report" means a complete and adequate Medicaid	80872
cost report covering calendar year 2003 filed with the Department	80873
of Job and Family Services under section 5111.26 of the Revised	80874
Code.	80875

"Direct care peer group" means the peer group specified in	80876
rules adopted under division (E) of section 5111.23 of the Revised	80877
Code, as that section existed on June 30, 2005, into which a	80878
nursing facility is placed as part of the calculation of the	80879
nursing facility's rate for direct care costs.	80880

"Franchise permit fee" means the fee imposed by sections	80881
3721.50 to 3721.58 of the Revised Code.	80882

"Medicaid days" means all days during which a resident who is	80883
a Medicaid recipient eligible for nursing facility services	80884
occupies a bed in a nursing facility that is included in the	80885
nursing facility's certified capacity under Title XIX of the	80886
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396, as	80887
amended. Therapeutic or hospital leave days for which payment is	80888
made under section 5111.33 of the Revised Code are considered	80889
Medicaid days proportionate to the percentage of the nursing	80890
facility's per resident per day rate paid for those days.	80891

"Nursing facility" has the same meaning as in section 5111.20	80892
of the Revised Code.	80893

"Nursing facility services" means nursing facility services	80894
covered by the Medicaid program that a nursing facility provides	80895
to a resident of the nursing facility who is a Medicaid recipient	80896
eligible for Medicaid-covered nursing facility services.	80897

(B) Except as provided in division (C) of this section, a	80898
nursing facility with a valid Medicaid provider agreement for	80899
fiscal year 2006 shall be paid the following rate for nursing	80900
facility services the nursing facility provides during fiscal year	80901
2006:	80902

(1) If the nursing facility had a valid Medicaid provider	80903
agreement on June 30, 2005, and a 2003 cost report, the rate shall	80904
be determined as follows:	80905

(a) Calculate the nursing facility's rate using the method	80906
that was used to calculate the nursing facility's rate for nursing	80907
facility services provided on July 1, 2004, with the following	80908
modifications:	80909

(i) Use the nursing facility's 2003 cost report;

80910

(ii) Set the maximum cost per case-mix unit for the nursing	80911
facility's peer group at an amount equal to ninety-eight per cent	80912
of the maximum cost per case-mix unit that, under division	80913
(B)(2)(a) of section 5111.23 of the Revised Code, as that section	80914
existed on June 30, 2005, was set for the nursing facility's peer	80915
group for direct care costs for nursing facility services provided	80916
on July 1, 2004;	80917

(iii) For the average case-mix score that is used in the	80918
multiplication performed under division (C)(1) of section 5111.23	80919
of the Revised Code, as that section existed on June 30, 2005, use	80920
the nursing facility's quarterly case-mix score that is based on	80921
the data the nursing facility submitted to the Department under	80922
division (B) of section 5111.231 of the Revised Code, as that	80923
section existed on June 30, 2005, for the quarter ending March 31,	80924
2004;	80925

(iv) For the inflation rate that is used in the calculation	80926
made under division (C)(2) of section 5111.23 of the Revised Code,	80927
as that section existed on June 30, 2005, use an inflation rate of	80928
six and twenty-eight-hundredths per cent;	80929

(v) Use the annual average case-mix score that was calculated	80930
under division (B) of section 5111.231 of the Revised Code, as	80931
that section existed on June 30, 2005, and used to calculate the	80932
nursing facility's rate for direct care costs for nursing facility	80933
services provided on July 1, 2004;	80934

(vi) For the inflation rate used in the calculation of the	80935
nursing facility's other protected costs under section 5111.235 of	80936
the Revised Code, as that section existed on June 30, 2005, use an	80937
inflation rate of seventy-nine-hundredths per cent;	80938

(vii) For the inflation rate used in the calculation of the	80939
nursing facility's indirect care costs under division (A)(1) of	80940
section 5111.24 of the Revised Code, as that section existed on	80941
June 30, 2005, use an inflation rate of ninety-one-hundredths per	80942
cent;	80943

(viii) Set the pre-inflation adjusted maximum rate for	80944
indirect care costs for the nursing facility's peer group at an	80945
amount equal to ninety-eight per cent of the pre-inflation	80946
adjusted maximum rate for indirect care costs that, under division	80947
(B) of section 5111.24 of the Revised Code, as that section	80948
existed on June 30, 2005, was set for the nursing facility's peer	80949
group for nursing facility services provided on July 1, 2004;	80950

(ix) For the inflation rate used in the calculation of the	80951
maximum rate for indirect care costs for the nursing facility's	80952
peer group under division (B)(1) of section 5111.24 of the Revised	80953
Code, as that section existed on June 30, 2005, use an inflation	80954
rate of negative seven-hundredths per cent;	80955

(x) For the inflation rate used in the calculations made	80956
under divisions (A)(1)(b)(iii) and (D)(2)(b) and the second to	80957
last paragraph of division (E) of section 5111.25 of the Revised	80958
Code, as that section existed on June 30, 2005, use an inflation	80959
rate of one and seventy-nine-hundredths per cent.	80960

(b) Reduce the rate calculated under division (B)(1)(a) of	80961
this section by six and sixty-two hundredths per cent;	80962

(c) Determine the nursing facility's rate per case-mix unit	80963
by dividing the nursing facility's rate determined under division	80964
(B)(1)(b) of this section by the nursing facility's annual average	80965
case-mix score that was used for the nursing facility under	80966
division (B)(1)(a)(v) of this section;	80967

(d) Array from low rate per case-mix unit to high rate per	80968
case-mix unit each of the nursing facilities that are in the	80969
nursing facility's direct care peer group and for which a rate is	80970
determined under division (B)(1) of this section;	80971

(e) Determine the nursing facility's facility-specific	80972
estimated Medicaid costs by multiplying the nursing facility's	80973
rate determined under division (B)(1)(b) of this section by the	80974
number of the nursing facility's Medicaid days for calendar year	80975
2003 as reported to the Department on May 31, 2004, in the	80976
Medicaid Management Information System;	80977

(f) Determine the total estimated Medicaid costs for all of	80978
the nursing facilities that are in the nursing facility's direct	80979
care peer group and for which a rate is determined under division	80980
(B)(1) of this section by calculating the sum of all of those	80981
nursing facilities' facility-specific estimated Medicaid costs	80982
determined under division (B)(1)(e) of this section;	80983

(g) Divide the nursing facilities included in the array made	80984
under division (B)(1)(d) of this section into three sub-peer	80985
groups such that each of the following is the case:	80986

(i) The first sub-peer group consists of those nursing	80987
facilities with the lowest rate per case-mix unit whose combined	80988
facility-specific estimated Medicaid costs equals, as close as	80989
possible, one-third of the total estimated Medicaid costs	80990
determined under division (B)(1)(f) of this section;	80991

(ii) The second sub-peer group consists of those nursing	80992
facilities with the middle rate per case-mix unit whose combined	80993
facility-specific estimated Medicaid costs equals, as close as	80994
possible, one-third of the total estimated Medicaid costs	80995
determined under division (B)(1)(f) of this section;	80996

(iii) The third sub-peer group consists of those nursing	80997
facilities with the highest rate per case-mix unit whose combined	80998
facility-specific estimated Medicaid costs equals, as close as	80999
possible, one-third of the total estimated Medicaid costs	81000
determined under division (B)(1)(f) of this section.	81001

(h) If the nursing facility is part of the first sub-peer	81002
group created under division (B)(1)(g)(i) of this section,	81003
increase the nursing facility's rate determined under division	81004
(B)(1)(b) of this section by two and one-half per cent;	81005

(i) If the nursing facility is part of the second sub-peer	81006
group created under division (B)(1)(g)(ii) of this section,	81007
increase the nursing facility's rate determined under division	81008
(B)(1)(b) of this section by one per cent;	81009

(j) If the nursing facility is part of the third sub-peer	81010
group created under division (B)(1)(g)(iii) of this section,	81011
decrease the nursing facility's rate determined under division	81012
(B)(1)(b) of this section by two and one-half per cent;	81013

(k) Unless the nursing facility is exempt from paying the	81014
franchise permit fee, increase the nursing facility's rate	81015
determined under division (B)(1)(h), (i), or (j) of this section	81016
by one dollar and ninety-five cents.	81017

(2) If the nursing facility had a valid Medicaid provider	81018
agreement on June 30, 2005, and was not required to file a cost	81019
report covering calendar year 2003, the rate shall be determined	81020
as follows:	81021

(a) Reduce the rate the nursing facility was paid for nursing	81022
facility services provided on June 30, 2005, by three per cent;	81023

(b) Unless the nursing facility is exempt from paying the	81024
franchise permit fee, increase the nursing facility's rate	81025
determined under division (B)(2)(a) of this section by one dollar	81026
and ninety-five cents.	81027

(C) If a nursing facility undergoes a change of operator on	81028
July 1, 2005, the nursing facility shall be paid, for nursing	81029
facility services the nursing facility provides during fiscal year	81030
2006, the rate that would have been paid to the exiting operator	81031
of the nursing facility for nursing facility services provided on	81032
July 1, 2005.	81033

If a nursing facility undergoes a change of operator during	81034
the period beginning July 2, 2005, and ending June 30, 2006, the	81035
nursing facility shall be paid, for nursing facility services the	81036
nursing facility provides during the period beginning on the	81037
effective date of the change of operator and ending June 30, 2006,	81038
the rate paid to the exiting operator for nursing facility	81039
services that the exiting operator provided on the day immediately	81040
before the effective date of the change of operator.	81041

(D) If, during fiscal year 2006, a nursing facility obtains	81042
certification as a nursing facility from the Director of Health	81043
and begins participation in the Medicaid program, the nursing	81044
facility shall be paid, for nursing facility services the nursing	81045
facility provides during the period beginning on the date the	81046
nursing facility begins participation in the Medicaid program and	81047
ending June 30, 2006, a rate that is the median of all rates paid	81048
to nursing facilities on July 1, 2005.	81049

(E) If, during fiscal year 2006, one or more Medicaid	81050
certified beds are added to a nursing facility with a valid	81051
Medicaid provider agreement for fiscal year 2006, the nursing	81052
facility shall be paid a rate for the new beds that is the same as	81053
the nursing facility's rate for the Medicaid certified beds that	81054
are in the nursing facility on the day before the new beds are	81055
added.	81056

(F) If the United States Centers for Medicare and Medicaid	81057
Services requires that the franchise permit fee be reduced or	81058
eliminated, the Department of Job and Family Services shall reduce	81059
the amount it pays nursing facilities under this section as	81060
necessary to reflect the loss to the state of the revenue and	81061
federal financial participation generated from the franchise	81062
permit fee.	81063

(G) A nursing facility's rate established under this section	81064
shall not be subject to any adjustments for any reason except that	81065
an adjustment resulting from an audit of the nursing facility's	81066
2003 cost report may be applied to a rate established under this	81067
section for the nursing facility not later than three years after	81068
the first day of the fiscal year for which the rate is	81069
established.	81070

(H) The Department of Job and Family Services shall follow	81071
this section in determining the rate to be paid a nursing facility	81072
under the Medicaid program for nursing facility services provided	81073
during fiscal year 2006 notwithstanding anything to the contrary	81074
in sections 5111.20 to 5111.33 of the Revised Code.	81075

Section 206.66.24. FISCAL YEAR 2007 MEDICAID REIMBURSEMENT	81076
SYSTEM FOR NURSING FACILITIES	81077

(A) As used in this section:

81078

"2003 cost report" means a complete and adequate Medicaid	81079
cost report covering calendar year 2003 filed with the Department	81080
of Job and Family Services under section 5111.26 of the Revised	81081
Code.	81082

"Franchise permit fee" means the fee imposed by sections	81083
3721.50 to 3721.58 of the Revised Code.	81084

"Nursing facility" has the same meaning as in section 5111.20	81085
of the Revised Code.	81086

"Nursing facility services" means nursing facility services	81087
covered by the Medicaid program that a nursing facility provides	81088
to a resident of the nursing facility who is a Medicaid recipient	81089
eligible for Medicaid-covered nursing facility services.	81090

(B) Except as provided in division (C) of this section, a	81091
nursing facility that has a valid Medicaid provider agreement on	81092
June 30, 2006, and a valid Medicaid provider agreement for fiscal	81093
year 2007 shall be paid, for nursing facility services the nursing	81094
facility provides during fiscal year 2007, the rate the nursing	81095
facility is paid for providing nursing facility services on June	81096
30, 2006.	81097

(C) If a nursing facility undergoes a change of operator	81098
during fiscal year 2007, the nursing facility shall be paid, for	81099
nursing facility services the nursing facility provides during the	81100
period beginning on the effective date of the change of operator	81101
and ending June 30, 2007, the rate paid to the exiting operator	81102
for nursing facility services that the exiting operator provided	81103
on the day immediately before the effective date of the change of	81104
operator.	81105

(D) If, during fiscal year 2007, a nursing facility obtains	81106
certification as a nursing facility from the Director of Health	81107
and begins participation in the Medicaid program, the nursing	81108
facility shall be paid, for nursing facility services the nursing	81109
facility provides during the period beginning on the date the	81110
nursing facility begins participation in the Medicaid program and	81111
ending June 30, 2007, a rate that is the median of all rates paid	81112
to nursing facilities on July 1, 2006.	81113

(E) If, during fiscal year 2007, one or more Medicaid	81114
certified beds are added to a nursing facility with a valid	81115
Medicaid provider agreement for fiscal year 2007, the nursing	81116
facility shall be paid a rate for the new beds that is the same as	81117
the nursing facility's rate for the Medicaid certified beds that	81118
are in the nursing facility on the day before the new beds are	81119
added.	81120

(F) If the United States Centers for Medicare and Medicaid	81121
Services requires that the franchise permit fee be reduced or	81122
eliminated, the Department of Job and Family Services shall reduce	81123
the amount it pays nursing facilities under this section as	81124
necessary to reflect the loss to the state of the revenue and	81125
federal financial participation generated from the franchise	81126
permit fee.	81127

(G) A nursing facility's rate established under this section	81128
shall not be subject to any adjustments for any reason except for	81129
that an adjustment resulting from an audit of the nursing	81130
facility's 2003 cost report may be applied to a rate established	81131
under this section for the nursing facility not later than three	81132
years after the first day of the fiscal year for which the rate is	81133
established.	81134

(H) The Department of Job and Family Services shall follow	81135
this section in determining the rate to be paid a nursing facility	81136
under the Medicaid program for nursing facility services provided	81137
during fiscal year 2007 notwithstanding anything to the contrary	81138
in sections 5111.20 to 5111.33 of the Revised Code.	81139

Section 206.66.27. FISCAL YEARS 2006 AND 2007 INCREASED	81140
PAYMENT TO ICFs/MR	81141

(A) As used in this section:

81142

"Active treatment" has the same meaning as in section 5126.12	81143
of the Revised Code.	81144

"Community alternative funding system" means the former	81145
system under which habilitation center services were reimbursed	81146
under the Medicaid program pursuant to former section 5111.041 of	81147
the Revised Code and former rules adopted under that section.	81148

(B) The Director of Job and Family Services may increase the	81149
rate paid to intermediate care facilities for the mentally	81150
retarded under Section 206.66.28 of this act for fiscal years 2006	81151
and 2007 by an amount specified in rules adopted under section	81152
5111.02 of the Revised Code to reimburse the facilities for active	81153
treatment day programming because of the termination of the	81154
community alternative funding system.	81155

* Section 206.66.36. ASSISTED LIVING MEDICAID WAIVER PROGRAM

81156

(A) As used in this section, "Assisted Living Program" has	81157
the same meaning as in section 5111.89 of the Revised Code.	81158

(B) After the Department of Job and Family Services enters	81159
into a contract with the Department of Aging under section 5111.91	81160
of the Revised Code for the Department of Aging to administer the	81161
Assisted Living Program, the Director of Job and Family Services	81162
shall quarterly certify to the Director of Budget and Management	81163
the estimated costs of the Assisted Living Program for the	81164
upcoming quarter. The estimate shall include the state and federal	81165
share of the costs. On receipt of the certified estimated costs	81166
for an upcoming quarter, the Director of Budget and Management	81167
shall do all of the following:	81168

(1) Transfer the state share of the amount of the estimated	81169
costs from GRF appropriation item 600-525, Health Care/Medicaid,	81170
to GRF appropriation item 490-422, Assisted Living;	81171

(2) Transfer the federal share of the amount of the estimated	81172
costs from GRF appropriation item 600-525, Health Care/Medicaid,	81173
to Fund 3C4, appropriation item 490-622, Assisted Living -	81174
Federal;	81175

(3) Increase the appropriation in JFS Fund 3G5, appropriation	81176
item 600-655, Interagency Reimbursement, by the federal share of	81177
the amount of the estimated costs.	81178

(C) The funds that the Director of Budget and Management	81179
transfers and increases under this section are hereby	81180
appropriated.	81181

* Section 206.66.37. Section 206.66.36 of this act takes	81182
effect October 1, 2005.	81183

Section 206.66.38. MEDICAID VOUCHER PILOT PROGRAM

81184

Each quarter, the Department of Aging shall certify to the	81185
Director of Budget and Management the estimated costs of the	81186
Medicaid voucher pilot program for the individuals enrolled	81187
pursuant to section 5111.971 of the Revised Code.	81188

On a quarterly basis, on receipt of the certified costs, the	81189
Director of Budget and Management shall do all of the following:	81190

(1) Transfer the state share of the amount of the estimated	81191
costs from the GRF appropriation item 600-525, Health	81192
Care/Medicaid, to GRF appropriation item 490-403, PASSPORT, for	81193
the remainder of the biennium;	81194

(2) Increase the appropriation in Department of Aging Fund	81195
3C4, appropriation item 490-607, PASSPORT, by the federal share of	81196
the amount of the estimated costs;	81197

(3) Reduce the federal share of GRF appropriation item	81198
600-525, Health Care/Medicaid, by the federal share of the amount	81199
of the estimated costs;	81200

(4) Increase the appropriation in Department of Job and	81201
Family Services Fund 3G5, appropriation item 600-655, Interagency	81202
Reimbursement, by the federal share of the amount of the estimated	81203
costs.	81204

The funds that the Director of Budget and Management	81205
transfers and increases under this section are hereby	81206
appropriated.	81207

Section 206.66.39. MEDICAID ELIGIBILITY REDUCTIONS

81208

The Director of Job and Family Services shall, not later than	81209
ninety days after the effective date of this section, submit to	81210
the United States Secretary of Health and Human Services an	81211
amendment to the state Medicaid plan to reduce to ninety per cent	81212
of the federal poverty guidelines the amount specified in division	81213
(A)(2) of section 5111.019 of the Revised Code as it existed	81214
immediately prior to the amendment made by this act. The reduction	81215
shall be implemented not earlier than ninety days after the	81216
effective date of this section and not later than the effective	81217
date of federal approval.	81218

Section 206.66.42. TERMINATION OF THE DISABILITY MEDICAL	81219
ASSISTANCE PROGRAM	81220

(A) The Department of Job and Family Services shall terminate	81221
the Disability Medical Assistance Program effective October 1,	81222
2005. All rules, standards, guidelines, or orders adopted or	81223
issued by the Director of Job and Family Services to govern the	81224
Disability Medical Assistance Program before its termination shall	81225
remain in effect on and after October 1, 2005, for the following	81226
purposes:	81227

(1) To establish the legal obligations of the Department for	81228
claims arising from the Program;	81229

(2) To determine an individual's previous eligibility for the	81230
Program;	81231

(3) To determine the validity of a claim for services under	81232
the Program;	81233

(4) To recover erroneous payments, as defined in section	81234
5115.23 of the Revised Code, made before October 1, 2005.	81235

(B) The Department may use funds appropriated to it to	81236
satisfy Program claims or contingent claims existing before	81237
October 1, 2005. The Department shall not pay claims for services	81238
rendered on or after October 1, 2005.	81239

(C) The Department shall pay a claim for services rendered by	81240
a medical provider to a Disability Medical Assistance Program	81241
recipient before October 1, 2005, only if the claim is received by	81242
the Department not later than April 1, 2006.	81243

(D) A judge or other person designated to make a decision in	81244
a state hearing, administrative appeal, or judicial proceeding	81245
initiated under section 5101.35 of the Revised Code may adjudicate	81246
an appeal of a determination made by the Department under the	81247
Program before October 1, 2005. No person may adjudicate an appeal	81248
of a determination made by the Department under the Program on or	81249
after October 1, 2005.	81250

(E) Notwithstanding the termination of the Disability Medical	81251
Assistance Program, the following remain effective on and after	81252
October 1, 2005:	81253

(1) As described in section 5101.58 of the Revised Code, the	81254
Department's and a county's right of recovery against the	81255
liability of a third party for the cost of medical services and	81256
care;	81257

(2) As described in section 5101.59 of the Revised Code, the	81258
assignment of a Program recipient's right to medical support made	81259
by court or administrative order or payments from a third party.	81260

(F) The Department may take reasonable steps to inform	81261
Program recipients about the termination of the Program. A county	81262
department of job and family services shall take action with	81263
respect to these activities when requested by the Department.	81264

(G) An action taken under division (F) of this section shall	81265
not be the basis for requiring the Department to extend the	81266
Program or to approve or extend a person's eligibility for the	81267
Program on or after October 1, 2005.	81268

(H) The Director may adopt rules in accordance with section	81269
111.15 of the Revised Code to implement this section.	81270

Section 206.66.44. MEDICAID COVERAGE OF DENTAL SERVICES

81271

For fiscal years 2006 and 2007, the Medicaid program shall	81272
cover dental services as follows:	81273

(A) For Medicaid recipients under twenty-one years of age, in	81274
at least the amount, duration, and scope that it did immediately	81275
before the effective date of this section under rules adopted	81276
under section 5111.02 of the Revised Code governing Medicaid	81277
coverage of dental services for such recipients;	81278

(B) For Medicaid recipients twenty-one years of age or older,	81279
in an amount, duration, and scope specified in rules that the	81280
Director of Job and Family Services shall adopt under section	81281
5111.02 of the Revised Code.	81282

Section 206.66.45. MEDICAID COVERAGE OF VISION SERVICES

81283

For fiscal years 2006 and 2007, the Medicaid program shall	81284
cover vision services in at least the amount, duration, and scope	81285
that the program covers such services immediately prior to the	81286
effective date of this section.	81287

Section 206.66.46. DISABILITY DETERMINATIONS

81288

(A) A study shall be conducted by the state and local	81289
government entities actively engaged in providing programs or	81290
services for which disability is an eligibility requirement,	81291
including the Department of Job and Family Services, county	81292
departments of job and family services, and Rehabilitation	81293
Services Commission. The study shall consider all of the	81294
following:	81295

(1) The feasibility of an interagency agreement among the	81296
state and local government entities actively engaged in providing	81297
programs or services for which disability is an eligibility	81298
requirement, including the Department of Job and Family Services,	81299
county departments of job and family services, and the	81300
Rehabilitation Services Commission whereby one of these state or	81301
local government entities would perform disability determinations	81302
for all programs and services provided by a state or local	81303
government entity in which disability is an eligibility	81304
requirement;	81305

(2) Which of the state and local government entities engaged	81306
in providing programs or services for which disability is an	81307
eligibility requirement should perform disability determinations	81308
under an interagency agreement described in division (A)(1) of	81309
this section.	81310

(3) Potential cost-savings and other advantages, as well as	81311
any potential disadvantages, that might result from the	81312
interagency agreement;	81313

(4) Processes by which the interagency agreement could be	81314
implemented, including an estimate of the approximate time needed	81315
to implement it.	81316

(B) Not later than six months after the effective date of	81317
this section, a written report of the results of the study results	81318
shall be prepared and submitted to the Speaker of the House of	81319
Representatives and the President of the Senate.	81320

Section 206.66.47. HEALTH CARE/MEDICAID

81321

The foregoing appropriation item 600-525, Health	81322
Care/Medicaid, shall not be limited by section 131.33 of the	81323
Revised Code.	81324

Section 206.66.48. STATE MEDICAID PLAN AMENDMENT REGARDING	81325
ESTATE RECOVERY	81326

The Director of Job and Family Services shall submit a state	81327
Medicaid plan amendment to the United States Secretary of Health	81328
and Human Services as necessary for the implementation of the	81329
amendments by this act to sections 5111.11 and 5111.111 of the	81330
Revised Code.	81331

Section 206.66.49. SINGLE AUDIT OF MEDICAID DURING FY 2006	81332
AND 2007	81333

The auditor of state may, during fiscal years 2006 and 2007,	81334
conduct a single performance audit of the medicaid program, as	81335
defined in section 5111.01 of the Revised Code, to determine ways	81336
of reducing or eliminating fraud, waste, and abuse in the program,	81337
making the program more efficient, and enhancing the program's	81338
results. An audit conducted under this section shall be conducted	81339
in accordance with generally accepted government auditing	81340
standards. Expenses incurred by the Auditor of State to conduct	81341
the performance audit shall be reimbursed by the Department of Job	81342
and Family Services.	81343

Section 206.66.51. MEDICAID PAYMENT FOR GRADUATE MEDICAL	81344
EDUCATION COSTS	81345

The Director of Job and Family Service may submit to the	81346
United States Secretary of Health and Human Services an amendment	81347
to the state Medicaid plan to implement section 5111.191 of the	81348
Revised Code. The Department may implement that section upon the	81349
Secretary's approval of the amendment.	81350

MEDICARE PART D

81351

The foregoing appropriation item 600-526, Medicare Part D,	81352
may be used by the Department of Job and Family Services for the	81353
implementation and operation of the Medicare Part D requirements	81354
contained in the "Medicare Prescription Drug, Improvement, and	81355
Modernization Act of 2003," Pub. L. No. 108-173, as amended. Upon	81356
the request of the Department of Job and Family Services, the	81357
Director of Budget and Management may increase the state share of	81358
appropriations in either appropriation item 600-525, Health	81359
Care/Medicaid, or appropriation item 600-526, Medicare Part D,	81360
with a corresponding decrease in the state share of the other	81361
appropriation item to allow the Department of Job and Family	81362
Services to implement and operate the new Medicare Part D	81363
requirements. If the state share of appropriation item 600-525,	81364
Health Care/Medicaid, is adjusted, the Director of Budget and	81365
Management shall adjust the federal share accordingly.	81366

Section 206.66.52. MEDICAID ADMINISTRATIVE STUDY COUNCIL

81367

(A) There is hereby created the Medicaid Administrative Study	81368
Council to make recommendations as to the most effective	81369
organization of all executive agencies that administer services	81370
under Ohio's Medicaid program. The Council shall be composed of	81371
the following:	81372

(1) The Director of Job and Family Services or the Director's	81373
designee;	81374

(2) The Director of Aging or the Director's designee;

81375

(3) The Director of Drug and Alcohol Addiction Services or	81376
the Director's designee;	81377

(4) The Director of Health or the Director's designee;

81378

(5) The Director of Mental Health or the Director's designee;

81379

(6) The Director of Mental Retardation and Developmental	81380
Disabilities or the Director's designee;	81381

(7) The Director of Budget and Management or the Director's	81382
designee;	81383

(8) The State Chief Information Officer or the Officer's	81384
designee;	81385

(9) An individual appointed by the Speaker of the House of	81386
Representatives;	81387

(10) An individual appointed by the President of the Senate;

81388

(11) A representative of the Governor, appointed by the	81389
Governor.	81390

The Governor shall appoint a member of the Council to serve	81391
as the chairperson of the Council.	81392

(B) The Council shall make recommendations regarding all of	81393
the following:	81394

(1) The optimal administrative structure for the	81395
administration of the Medicaid program, including recommendations	81396
on whether the fiscal and operational objectives of the Medicaid	81397
program would be best achieved through creation of a new	81398
department, utilization of existing executive agencies, or some	81399
other administrative structure. The Council shall include in its	81400
considerations of an optimal administrative structure the role of	81401
local government entities that administer Medicaid services in	81402
such a structure.	81403

(2) A centralized financing function to coordinate the	81404
activities of all executive agencies that deliver Medicaid	81405
services;	81406

(3) If the recommendations of division (B)(1) of this section	81407
include the future creation of a Medicaid department,	81408
recommendations regarding all of the following:	81409

(a) The scope and structure of the department;

81410

(b) A business plan to direct the transition of the Medicaid	81411
program from the Department of Job and Family Services and other	81412
executive agencies to the new department including a plan to	81413
address the fiscal and operational impact of the transition;	81414

(c) Resources required to implement the business plan	81415
described in division (B)(3)(b) of this section.	81416

(C) In developing the recommendations specified in division	81418
(B) of this section, the Council shall consider the following:	81419

(1) The fiscal and operational impact on county departments	81420
of job and family services and other local government entities	81421
that perform Medicaid administrative functions;	81422

(2) The fiscal and operational impact on the remaining duties	81423
and functions of the Department of Job and Family Services and	81424
other state agencies;	81425

(3) The recommendations of the Ohio Commission to Reform	81426
Medicaid.	81427

(D) The Council shall develop a plan to create a unified	81428
long-term care budget managed across all state and local agencies	81429
and service settings, as recommended by the Ohio Commission to	81430
Reform Medicaid. The plan shall designate the Department of Aging	81431
as the state agency responsible for the unified budget. The plan	81432
shall require the Director of Aging, in consultation with the	81433
Director of Job and Family Services, to designate a unified	81434
long-term care budget officer to manage the unified budget.	81435

(E) By not later than December 31, 2006, the Council shall	81436
submit to the Governor a written report of the Council's	81437
recommendations.	81438

(F) The Department of Job and Family Services may provide	81439
staff support and up to $500,000 for contractual services and	81440
other resources necessary for the Medicaid Administrative Study	81441
Council to develop the recommendations set forth in division (B)	81442
of this section.	81443

Section 206.66.57. ODJFS FUNDS

81444

AGENCY FUND GROUP

81445

The Agency Fund Group and Holding Account Redistribution Fund	81446
Group shall be used to hold revenues until the appropriate fund is	81447
determined or until the revenues are directed to the appropriate	81448
governmental agency other than the Department of Job and Family	81449
Services. If it is determined that additional appropriation	81450
authority is necessary, such amounts are hereby appropriated.	81451

Section 206.66.60. EMPLOYER SURCHARGE

81452

The surcharge and the interest on the surcharge amounts due	81453
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	81454
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	81455
118th General Assembly, and section 4141.251 of the Revised Code	81456
as it existed prior to its repeal by Sub. H.B. 478 of the 122nd	81457
General Assembly, again shall be assessed and collected by,	81458
accounted for, and made available to the Department of Job and	81459
Family Services in the same manner as set forth in section	81460
4141.251 of the Revised Code as it existed prior to its repeal by	81461
Sub. H.B. 478 of the 122nd General Assembly, notwithstanding the	81462
repeal of the surcharge for calendar years after 1990, pursuant to	81463
Sub. H.B. 478 of the 122nd General Assembly, except that amounts	81464
received by the Director on or after July 1, 2001, shall be	81465
deposited into the Unemployment Compensation Special	81466
Administrative Fund (Fund 4A9) established pursuant to section	81467
4141.11 of the Revised Code.	81468

Section 206.66.63. TRANSFER OF FUNDS TO THE DEPARTMENT OF	81469
AGING	81470

The Department of Job and Family Services shall transfer,	81471
through intrastate transfer vouchers, cash from Fund 4J5, Home and	81472
Community-Based Services for the Aged, to Fund 4J4, PASSPORT, in	81473
the Department of Aging. The sum of the transfers shall be	81474
$33,268,052 in fiscal year 2006 and $33,263,984 in fiscal year	81475
2007. The transfer may occur on a quarterly basis or on a schedule	81476
developed and agreed to by both departments.	81477

Section 206.66.64. INDIVIDUALS MOVED FROM NURSING FACILITIES	81478
TO PASSPORT	81479

(A) As used in this section:

81480

(1) "Area agency on aging" has the same meaning as in section	81481
173.14 of the Revised Code.	81482

(2) "Long-Term Care Consultation Program" means the program	81483
the Department of Aging is required to develop under section	81484
173.42 of the Revised Code.	81485

(3) "Long-Term Care Consultation Program administrator" or	81486
"administrator" means the Department of Aging or, if the	81487
Department contracts with an area agency on aging or other entity	81488
to administer the Long-Term Care Consultation Program for a	81489
particular area, that agency or entity.	81490

(4) "Nursing facility" has the same meaning as in section	81491
5111.20 of the Revised Code.	81492

(5) "PASSPORT program" means the program created under	81493
section 173.40 of the Revised Code.	81494

(B) Each month during fiscal years 2006 and 2007, each area	81495
agency on aging shall determine whether individuals who reside in	81496
the area that the area agency on aging serves and are on a waiting	81497
list for the PASSPORT program have been admitted to a nursing	81498
facility. If an area agency on aging determines that such an	81499
individual has been admitted to a nursing facility, the agency	81500
shall notify the Long-Term Care Consultation Program administrator	81501
serving the area in which the individual resides about the	81502
determination. The administrator shall determine whether the	81503
PASSPORT program is appropriate for the individual and whether the	81504
individual would rather participate in the PASSPORT program than	81505
continue residing in the nursing facility. If the administrator	81506
determines that the PASSPORT program is appropriate for the	81507
individual and the individual would rather participate in the	81508
PASSPORT program than continue residing in the nursing facility,	81509
the administrator shall so notify the Department of Aging. On	81510
receipt of the notice from the administrator, the Department of	81511
Aging shall approve the enrollment of the individual in the	81512
PASSPORT program regardless of whether other individuals who are	81513
not in a nursing facility are ahead of the individual on the	81514
PASSPORT program's waiting list. Each quarter, the Department of	81515
Aging shall certify to the Director of Budget and Management the	81516
estimated increase in costs of the PASSPORT program for the	81517
individuals enrolled in the PASSPORT program pursuant to this	81518
section.	81519

(C) On a quarterly basis, on receipt of the certified costs,	81520
the Director of Budget and Management shall do all of the	81521
following:	81522

(1) Transfer the state share of the amount of the estimated	81523
costs from GRF appropriation item 450-525, Health Care/Medicaid,	81524
to GRF appropriation item 490-403, PASSPORT, for the remainder of	81525
the biennium;	81526

(2) Increase the appropriation in Ohio Department of Aging	81527
Fund 3C4, appropriation item 490-607, PASSPORT, by the federal	81528
share of the amount of the estimated costs;	81529

(3) Increase the appropriation in JFS Fund 3G5, appropriation	81530
item 600-655, Interagency Reimbursement, by the federal share of	81531
the amount of the estimated costs.	81532

The funds that the Director of Budget and Management	81533
transfers and increases under this division are hereby	81534
appropriated.	81535

(D) The individuals placed in the PASSPORT program pursuant	81536
to this section shall be in addition to the individuals placed in	81537
the PASSPORT program during fiscal years 2006 and 2007 based on	81538
the amount of money that is in GRF appropriation item 490-403,	81539
PASSPORT; Fund 4J4, appropriation item 490-610,	81540
PASSPORT/Residential State Supplement; Fund 4U9, appropriation	81541
item 490-602, PASSPORT Fund; and Fund 3C4, appropriation item	81542
490-607, PASSPORT, before any transfers to GRF appropriation item	81543
490-403, PASSPORT, and Fund 3C4, appropriation item 490-607,	81544
PASSPORT, are made under this section.	81545

(E) The Director of Job and Family Services shall submit to	81546
the United States Secretary of Health and Human Services an	81547
amendment to the Medicaid waiver authorizing the PASSPORT program	81548
as necessary for the implementation of this section.	81549

Section 206.66.66. OHIO ACCESS SUCCESS PROJECT

81550

Notwithstanding any limitations in sections 3721.51 and	81551
3721.56 of the Revised Code, in each fiscal year, cash from Fund	81552
4J5, Home and Community-Based Services for the Aged, in excess of	81553
the amounts needed for the transfers may be used by the Department	81554
of Job and Family Services for the following purposes: (A) up to	81555
$1.0 million in each fiscal year to fund the state share of audits	81556
of Medicaid cost reports filed with the Department of Job and	81557
Family Services by nursing facilities and intermediate care	81558
facilities for the mentally retarded; and (B) up to $350,000 in	81559
fiscal year 2006 and up to $350,000 in fiscal year 2007 to provide	81560
one-time transitional benefits under the Ohio Access Success	81561
Project that the Director of Job and Family Services may establish	81562
under section 5111.88 of the Revised Code.	81563

Section 206.66.69. OHIO ASSOCIATION OF SECOND HARVEST FOOD	81564
BANKS	81565

As used in this section, "federal poverty guidelines" has the	81566
same meaning as in section 5101.46 of the Revised Code.	81567

Notwithstanding section 5101.46 of the Revised Code, and	81568
prior to making any allocation to county departments of job and	81569
family services, the Department of Job and Family Services shall	81570
provide $5,500,000 in each fiscal year from the foregoing	81571
appropriation item 600-620, Social Services Block Grant, for use	81572
in funding a grant agreement with the Ohio Association of Second	81573
Harvest Food Banks. The Department shall enter into a grant	81574
agreement with the Ohio Association of Second Harvest Food Banks	81575
to reimburse it for costs incurred in the purchase of food	81576
products and the distribution of those food products to agencies	81577
participating in the emergency food distribution program.	81578
Notwithstanding section 5101.46 of the Revised Code, the grant may	81579
permit the Ohio Association of Second Harvest Food Banks to use up	81580
to 5 per cent of the annual funding for administrative costs. The	81581
Department may advance funds to the grantee under section 5101.10	81582
of the Revised Code.	81583

Prior to entering into the grant agreement, the Ohio	81584
Association of Second Harvest Food Banks shall submit to the	81585
Department for approval a plan for the distribution of the food	81586
products to local food distribution agencies. If the plan meets	81587
the requirements and conditions established by the Department, the	81588
plan shall be incorporated into the grant agreement. The grant	81589
agreement shall also require the Ohio Association of Second	81590
Harvest Food Banks to ensure that local agencies will limit	81591
participation of individuals and families who receive any of the	81592
food products purchased with these funds to those who have an	81593
income at or below 200 per cent of the federal poverty guidelines.	81594
The Department and the Ohio Association of Second Harvest Food	81595
Banks shall agree on reporting requirements to be incorporated	81596
into the grant agreement, including a statement of expected	81597
performance outcomes from the Ohio Association of Second Harvest	81598
Food Banks and a requirement for their evaluation of their success	81599
in achieving those outcomes.	81600

Section 206.66.72. TRANSFER OF FUNDS TO THE DEPARTMENT OF	81601
MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES	81602

The Department of Job and Family Services shall transfer,	81603
through intrastate transfer vouchers, cash from Fund 4K1, ICF/MR	81604
Bed Assessments, to Fund 4K8, Home and Community-Based Services,	81605
in the Department of Mental Retardation and Developmental	81606
Disabilities. The amount transferred shall equal $12,000,000 in	81607
fiscal year 2006 and $12,000,000 in fiscal year 2007. The transfer	81608
may occur on a quarterly basis or on a schedule developed and	81609
agreed to by both departments.	81610

Section 206.66.75. FUNDING FOR HABILITATIVE SERVICES

81611

Notwithstanding any limitations contained in sections 5112.31	81612
and 5112.37 of the Revised Code, in each fiscal year, cash from	81613
Fund 4K1, ICF/MR Bed Assessments, in excess of the amounts needed	81614
for transfers to Fund 4K8, Home and Community-Based Services, in	81615
the Department of Mental Retardation and Developmental	81616
Disabilities, may be used by the Department of Job and Family	81617
Services to cover costs of care provided to participants in a	81618
waiver with an ICF/MR level of care requirement administered by	81619
the Department of Job and Family Services.	81620

Section 206.66.78. COMMUNITY ALTERNATIVE FUNDING SYSTEM

81621

(A) As used in this section, "habilitation center services"	81622
has the same meaning as in former section 5111.041 of the Revised	81623
Code as that section existed on June 30, 2005.	81624

(B) The Director of Job and Family Services may adopt rules	81625
under section 111.15 of the Revised Code as necessary to terminate	81626
the community alternative funding system on July 1, 2005.	81627

(C) The Department of Job and Family Services may inform	81628
individuals who received habilitation center services under the	81629
community alternative funding system on June 30, 2005, and such	81630
individuals' representatives about alternative services that may	81631
be available for the individuals. The Department may require	81632
county departments of job and family services to provide such	81633
information to the individuals and their representatives.	81634

(D) Habilitation center services provided before July 1,	81635
2005, are subject to the laws, rules, standards, guidelines, and	81636
orders regarding habilitation center services that were in effect	81637
at the time the services were provided. This includes such laws,	81638
rules, standards, guidelines, and orders regarding the	81639
responsibility for the nonfederal share of the services, the fee	81640
assessed under division (D) of section 5123.041 of the Revised	81641
Code as that section existed on the day the services were	81642
provided, cost reports, audits, and the recovery of erroneous	81643
payments.	81644

(E) The Department of Job and Family Services may use funds	81645
appropriated to the Department for the purpose of habilitation	81646
center services to satisfy a claim or contingent claim for	81647
habilitation center services provided before July 1, 2005, if the	81648
Department receives the claim or contingent claim before July 1,	81649
2006. The Department has no liability to satisfy either of the	81650
following:	81651

(1) A claim for habilitation center services provided before	81652
July 1, 2005, if the Department receives the claim on or after	81653
July 1, 2006.	81654

(2) A claim for habilitation center services provided on or	81655
after July 1, 2005.	81656

(F) To the extent authorized by section 5101.35 of the	81657
Revised Code, an individual may initiate or continue a state	81658
hearing, administrative appeal, or appeal to a court of common	81659
pleas regarding a decision or order concerning habilitation center	81660
services that were available before July 1, 2005. A decision	81661
resulting from a state hearing, administrative appeal, or appeal	81662
to a court of common pleas may not extend an individual's	81663
eligibility for habilitation center services beyond June 30, 2005.	81664
No individual may utilize section 5101.35 of the Revised Code to	81665
contest the July 1, 2005, termination of the community alternative	81666
funding system.	81667

(G) Neither of the following are abrogated by the termination	81668
of the community alternative funding system:	81669

(1) The right of recovery given to the Department of Job and	81670
Family Services or a county department of job and family services	81671
under section 5101.58 of the Revised Code for habilitation center	81672
services provided before July 1, 2005.	81673

(2) The right to medical support or payments from a third	81674
party that is assigned to the Department under section 5101.59 of	81675
the Revised Code for habilitation center services provided before	81676
July 1, 2005.	81677

Section 206.66.79. CHILDREN'S HOSPITALS

81678

The foregoing appropriation items 600-635, Children's	81679
Hospitals – Federal, and 600-636, Children's Hospitals – State,	81680
shall be used by the Department of Job and Family Services to	81681
increase the reimbursement rate for children's hospitals.	81682

Section 206.66.84. CHILDREN'S TRUST FUND

81683

Notwithstanding sections 3109.13 to 3109.18 of the Revised	81684
Code, in fiscal year 2006, the Director of Budget and Management	81685
shall transfer $1,500,000 cash from the Children's Trust Fund	81686
(Fund 198 in the Department of Job and Family Services) to the	81687
Partnerships for Success Fund (Fund 5BH in the Department of Youth	81688
Services). On or before January 1, 2007, the Director of Budget	81689
and Management shall transfer to the Children's Trust Fund (Fund	81690
198) any amount of cash that remains unspent in the Partnerships	81691
for Success Fund (Fund 5BH).	81692

Section 206.66.85. HOSPITAL CARE ASSURANCE MATCH FUND

81693

Appropriation item 600-650, Hospital Care Assurance Match,	81694
shall be used by the Department of Job and Family Services in	81695
accordance with division (B) of section 5112.18 of the Revised	81696
Code.	81697

Section 206.66.87. HEALTH CARE SERVICES ADMINISTRATION

81698

The foregoing appropriation item 600-654, Health Care	81699
Services Administration, shall be used by the Department of Job	81700
and Family Services for costs associated with the administration	81701
of the Medicaid program.	81702

Section 206.66.90. HEALTH CARE SERVICES ADMINISTRATION FUND

81703

Of the amount received by the Department of Job and Family	81704
Services during fiscal year 2006 and fiscal year 2007 from the	81705
first installment of assessments paid under section 5112.06 of the	81706
Revised Code and intergovernmental transfers made under section	81707
5112.07 of the Revised Code, the Director of Job and Family	81708
Services shall deposit $350,000 in each fiscal year into the state	81709
treasury to the credit of the Health Care Services Administration	81710
Fund (Fund 5U3).	81711

Section 206.66.93. CHILD SUPPORT COLLECTIONS/TANF MOE

81712

The foregoing appropriation item 600-658, Child Support	81713
Collections, shall be used by the Department of Job and Family	81714
Services to meet the TANF maintenance of effort requirements of	81715
Pub. L. No. 104-193. Once the state is assured that it will meet	81716
the maintenance of effort requirement, the Department of Job and	81717
Family Services may use funds from appropriation item 600-658,	81718
Child Support Collections, to support public assistance	81719
activities.	81720

Section 206.66.96. MEDICAID PROGRAM SUPPORT FUND - STATE

81721

The foregoing appropriation item 600-671, Medicaid Program	81722
Support, shall be used by the Department of Job and Family	81723
Services to pay for Medicaid services and contracts. The	81724
Department may also deposit to Fund 5C9 revenues received from	81725
other state agencies for Medicaid services under the terms of	81726
interagency agreements between the Department and other state	81727
agencies, and all funds the Department recovers because the	81728
benefits a person received under the disability medical assistance	81729
program established in section 5115.10 of the Revised Code were	81730
determined to be covered by the medical assistance program	81731
established under Chapter 5111. of the Revised Code.	81732

Section 206.66.99. TRANSFERS OF IMD/DSH CASH TO THE	81733
DEPARTMENT OF MENTAL HEALTH	81734

The Department of Job and Family Services shall transfer,	81735
through intrastate transfer voucher, cash from Fund 5C9, Medicaid	81736
Program Support, to the Department of Mental Health's Fund 4X5,	81737
OhioCare, in accordance with an interagency agreement that	81738
delegates authority from the Department of Job and Family Services	81739
to the Department of Mental Health to administer specified	81740
Medicaid services.	81741

Section 206.67.03. FEDERAL UNEMPLOYMENT PROGRAMS

81742

All unexpended funds remaining at the end of fiscal year 2005	81743
that were appropriated and made available to the state under	81744
section 903(d) of the Social Security Act, as amended, in the	81745
foregoing appropriation item 600-678, Federal Unemployment	81746
Programs (Fund 3V4), are hereby appropriated to the Department of	81747
Job and Family Services. Upon the request of the Director of Job	81748
and Family Services, the Director of Budget and Management shall	81749
increase the appropriation for fiscal year 2006 by the amount	81750
remaining unspent from the fiscal year 2005 appropriation and	81751
shall increase the appropriation for fiscal year 2007 by the	81752
amount remaining unspent from the fiscal year 2006 appropriation.	81753
The appropriation shall be used under the direction of the	81754
Department of Job and Family Services to pay for administrative	81755
activities for the Unemployment Insurance Program, employment	81756
services, and other allowable expenditures under section 903(d) of	81757
the Social Security Act, as amended.	81758

The amounts obligated pursuant to this section shall not	81759
exceed at any time the amount by which the aggregate of the	81760
amounts transferred to the account of the state under section	81761
903(d) of the Social Security Act, as amended, exceeds the	81762
aggregate of the amounts obligated for administration and paid out	81763
for benefits and required by law to be charged against the amounts	81764
transferred to the account of the state.	81765

Section 206.67.06. WORKFORCE DEVELOPMENT GRANT AGREEMENT

81766

The Department of Job and Family Services may use	81767
appropriations from appropriation item 600-688, Workforce	81768
Investment Act, to provide financial assistance for workforce	81769
development activities included in a grant agreement entered into	81770
by the department in accordance with section 5101.20 of the	81771
Revised Code.	81772

Section 206.67.07. ACCOUNTABILITY AND CREDIBILITY TOGETHER

81773

Of the foregoing appropriation item 600-689, TANF Block	81774
Grant, $1 million in each fiscal year shall be allocated to	81775
Accountability and Credibility Together (ACT) to continue its	81776
welfare diversion program for TANF eligible individuals.	81777

Section 206.67.08. KINSHIP PERMANENCY INCENTIVE PROGRAM

81778

Of the foregoing appropriation item 600-689, TANF Block Grant	81779
(Fund 3V6), $10 million per fiscal year shall be used to support	81780
the activities of the Kinship Permanency Incentive Program created	81781
under section 5101.802 of the Revised Code.	81782

Section 206.67.09. OHIO ALLIANCE OF BOYS AND GIRLS CLUBS

81783

Of the foregoing appropriation item 600-689, TANF Block Grant	81784
(Fund 3V6), the Department of Job and Family Services shall use	81785
$600,000 in each fiscal year to support expenditures of the Ohio	81786
Alliance of Boys and Girls Clubs to provide after-school programs	81787
that protect at-risk children and enable youth to become	81788
responsible adults. The Ohio Alliance of Boys and Girls Clubs	81789
shall provide nutritional meals, snacks, and educational, youth	81790
development, and career development services to TANF eligible	81791
children participating in programs and activities operated by	81792
eligible Boys and Girls Clubs.	81793

The Department shall provide an annual grant of $600,000 in	81794
each fiscal year to the Ohio Alliance of Boys and Girls Clubs. As	81795
soon as possible after entering into a grant agreement at the	81796
beginning of each fiscal year, the Department of Job and Family	81797
Services shall distribute the grant funds in one single payment.	81798
The Department of Job and Family Services and the Ohio Alliance of	81799
Boys and Girls Clubs shall agree on reporting requirements to be	81800
incorporated into the grant agreement.	81801

The Ohio Alliance of Boys and Girls Clubs shall return any	81802
fiscal year 2006 funds from this grant remaining unspent on June	81803
30, 2006, to the Ohio Department of Job and Family Services not	81804
later than November 1, 2006. The Ohio Alliance of Boys and Girls	81805
Clubs shall return any fiscal year 2007 funds from this grant	81806
remaining unspent on June 30, 2007, to the Ohio Department of Job	81807
and Family Services not later than November 1, 2007.	81808

CHILD WELFARE TRAINING INITIATIVE

81809

Of the foregoing appropriation item 600-689, TANF Block Grant	81810
(Fund 3V6), $200,000 per fiscal year shall be provided to the	81811
National Center for Adoption Law and Policy to fund a	81812
multi-disciplinary child welfare training initiative. The	81813
Department of Job and Family Services shall coordinate with the	81814
National Center for Adoption Law and Policy to determine the focus	81815
of the training provided each year and to ensure that the training	81816
is designed to meet one of the four purposes of the Temporary	81817
Assistance to Needy Families program.	81818

TALBERT HOUSE

81819

Of the foregoing appropriation item 600-689, TANF Block Grant	81820
(Fund 3V6), $75,000 in each fiscal year shall be distributed	81821
directly to the Talbert House to provide TANF eligible non-medical	81822
substance or alcohol abuse services.	81823

CHILDREN'S HUNGER ALLIANCE

81824

Of the foregoing appropriation item 600-689, TANF Block Grant	81825
(Fund 3V6), $500,000 in each fiscal year shall be allocated to the	81826
Children's Hunger Alliance for Child Nutrition Program outreach	81827
efforts.	81828

* Section 206.67.10. EMPLOYMENT RETENTION INCENTIVE PROGRAM

81829

(A) As used in this section:

81830

(1) "Assistance group" has the same meaning as in section	81831
5107.02 of the Revised Code.	81832

(2) "Ohio Works First" means the program established under	81833
Chapter 5107. of the Revised Code.	81834

(B) Subject to section 5101.801 of the Revised Code, in	81835
fiscal year 2007 the Department of Job and Family Services may	81836
establish and administer the Employment Retention Incentive	81837
Program under which the Department provides cash payments to	81838
eligible assistance groups. The Department shall use the foregoing	81839
appropriation item 600-689, TANF Block Grant, to fund the program.	81840

To be eligible for the Employment Retention Incentive	81841
Program, an assistance group must meet all of the following	81842
requirements:	81843

(1) The assistance group must apply using an application that	81844
contains all of the information that rules specified in this	81845
section require in accordance with the application process	81846
established in those rules;	81847

(2) The assistance group must have ceased to participate in	81848
Ohio Works First in accordance with rules specified in this	81849
section;	81850

(3) The assistance group must include a member who was	81851
employed during the last month the assistance group participated	81852
in Ohio Works First in accordance with rules specified in this	81853
section;	81854

(4) That member of the assistance group must remain employed	81855
in accordance with rules specified in this section;	81856

(5) The assistance group must meet all other eligibility	81857
requirements established in rules specified in this section.	81858

(C) If the Department establishes the Employment Retention	81859
Incentive Program, the Department shall provide cash payments	81860
under the program in a manner that enables the cash payments to be	81861
excluded from the definition of "assistance" in 45 C.F.R.	81862
260.31(a) and instead be benefits that 45 C.F.R. 260.31(b)	81863
excludes from the definition of assistance. Each county Department	81864
of Job and Family Services shall make eligibility determinations	81865
for the program and perform other administrative duties for the	81866
program in accordance with rules specified in this section.	81867

(D) If the Department establishes the Employment Retention	81868
Incentive Program, the Department shall adopt rules under division	81869
(C) of section 5101.801 of the Revised Code to establish all of	81870
the following for the program:	81871

(1) The information that an application for the program must	81872
contain;	81873

(2) The application process for the program, including the	81874
process to verify eligibility for the program;	81875

(3) The manner in which an assistance group must have ceased	81876
to participate in Ohio Works First for the assistance group to	81877
qualify for the program;	81878

(4) The manner in which an assistance group member must have	81879
been employed during the last month the assistance group	81880
participated in Ohio Works First for the assistance group to	81881
qualify for the program;	81882

(5) The manner in which an assistance group member must	81883
remain employed for the assistance group to qualify for the	81884
program;	81885

(6) Other eligibility requirements for the program;

81886

(7) The amounts that eligible assistance groups are to	81887
receive as cash payments under the program;	81888

(8) The frequency and duration that eligible assistance	81889
groups are to receive cash payments under the program;	81890

(9) Requirements governing county departments' administrative	81891
duties regarding the program.	81892

(E) In adopting rules under division (D)(2) of this section	81893
establishing the application process for the Employment Retention	81894
Incentive Program, the director may not require that application	81895
be submitted to county departments of job and family services.	81896

* Section 206.67.11. Section 206.67.10 of this act takes	81897
effect July 1, 2006.	81898

Section 206.67.12. EARLY LEARNING INITIATIVE

81899

(A) As used in this section:

81900

(1) "Title IV-A services" means benefits and services that	81901
are allowable under Title IV-A of the "Social Security Act," as	81902
specified in 42 U.S.C. 604(a), except that they shall not be	81903
benefits and services included in the term "assistance" as defined	81904
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	81905
excluded from the definition of the term "assistance" under 45	81906
C.F.R. 260.31(b).	81907

(2) "Title IV-A funds" means funds provided under the	81908
temporary assistance for needy families block grant established by	81909
Title IV-A of the "Social Security Act," 110 Stat. 2113 (1996), 42	81910
U.S.C. 601, as amended.	81911

(3) "Child care" has the same meaning as in section 5104.01	81912
of the Revised Code.	81913

(4) "Eligible child" means a child who is at least three	81914
years of age but not of compulsory school age or enrolled in	81915
kindergarten, is eligible for Title IV-A services, and whose	81916
family income does not exceed one hundred eighty-five per cent of	81917
the federal poverty line at application. If the family income of a	81918
child receiving early learning services under this section exceeds	81919
one hundred ninety-five per cent of the federal poverty line, the	81920
child ceases to be eligible for an early learning program.	81921

(5) "Early learning program" means a program for eligible	81922
children that is funded with Title IV-A funds and provides Title	81923
IV-A services that are both of the following:	81924

(a) Early learning services, as defined by the Department of	81925
Education pursuant to division (C)(1) of Section 206.09.54 of this	81926
act;	81927

(b) Child care.

81928

(6) "Early learning provider" means an entity that is	81929
receiving Title IV-A funds to operate an early learning program.	81930

(7) "Early learning agency" means an early learning provider	81931
or an entity that has entered into an agreement with an early	81932
learning provider requiring the early learning provider to operate	81933
an early learning program on behalf of the entity.	81934

(8) "Federal poverty line" has the same meaning as in section	81935
5104.01 of the Revised Code.	81936

(9) "Of compulsory school age" has the same meaning as in	81937
section 3321.01 of the Revised Code.	81938

(B) The Department of Job and Family Services and the	81939
Department of Education shall administer the Early Learning	81940
Initiative, established under Section 206.09.54 of this act, in	81941
accordance with sections 5101.80 and 5101.801 of the Revised Code.	81942
The Initiative shall provide early learning programs and child	81943
care to eligible children.	81944

(C) The Department of Job and Family Services shall do all of	81945
the following:	81946

(1) Enter into a contract with each early learning agency in	81947
accordance with Section 206.09.54 of this act;	81948

(2) Reimburse early learning agencies for Title IV-A services	81949
provided to eligible children according to the terms of the	81950
contract and the rules adopted under division (C)(3) of this	81951
section;	81952

(3) In consultation with the Department of Education, adopt	81953
rules in accordance with Chapter 119. of the Revised Code to	81954
implement the Early Learning Initiative. The rules shall include	81955
all of the following:	81956

(a) Provisions regarding the establishment of co-payments for	81957
families of eligible children whose family income is more than one	81958
hundred sixty-five per cent of the federal poverty line but equal	81959
to or less than one hundred ninety-five per cent of the federal	81960
poverty line;	81961

(b) An exemption from co-payment requirements for families	81962
whose family income is equal to or less than one hundred	81963
sixty-five per cent of the federal poverty line;	81964

(c) A definition of "weekly attendance rate" for the purpose	81965
of reimbursing early learning agencies;	81966

(d) Provisions that establish reimbursement rates for early	81967
learning agencies based on the attendance of eligible children in	81968
the following categories:	81969

(i) Full-time, which consists of eligible children who attend	81970
twenty-five or more hours in a given week;	81971

(ii) Part-time, which consists of eligible children who	81972
attend fifteen or more hours but less than twenty-five hours in a	81973
given week;	81974

(iii) Hourly, which consists of eligible children who attend	81975
less than fifteen hours in a given week.	81976

(4) If, on the effective date of this section and Section	81977
206.09.54 of this act, no early learning agencies have been	81978
approved for a given county, the Department of Job and Family	81979
Services, in consultation with the Department of Education, shall	81980
establish a deadline for the submission of applications to be an	81981
early learning agency that occurs after the effective date of this	81982
section.	81983

(5)(a) Subject to division (C)(6)(b) of this Section and in	81984
consultation with the Department of Education, establish a	81985
caretaker employment or training eligibility requirement for	81986
participation in the Early Learning Initiative that specifies the	81987
minimum number of hours that the caretaker of the eligible child	81988
must be employed or participating in a work experience program,	81989
job-readiness activities, a job search, or educational activities	81990
and the time period over which the minimum number of hours is to	81991
be measured. These minimum hours may, but are not required to,	81992
overlap the period during the day or week in which the child	81993
participates in the early learning program. This caretaker	81994
employment or training eligibility requirement shall permit gaps	81995
of up to thirty days per year in employment or participation in	81996
training activities if the caretaker is expected to resume	81997
employment or participation in training activities within thirty	81998
days.	81999

(b) The Department shall periodically review the requirement	82000
described in division (C)(6)(a) of this Section to ensure that it	82001
complies with federal law and regulations.	82002

(D) Each early learning provider shall determine eligibility	82003
for Title IV-A services for children seeking to enroll in an early	82004
learning program.	82005

(E) Each county department of job and family services shall	82006
establish co-payment requirements in accordance with the rules	82007
adopted under division (C)(3) of this section.	82008

(F)(1) The Department of Job and Family Services shall ensure	82009
that all reimbursements paid to an early learning agency under	82010
this section are only for Title IV-A services provided to eligible	82011
children.	82012

(2) In calculating reimbursements, the Department shall	82013
reimburse the early learning agency for the first twenty-five days	82014
per year in which an eligible child is absent from the early	82015
learning program.	82016

(G) The provision of early learning services in a part-time	82017
early learning program shall not prohibit or otherwise prevent an	82018
individual from obtaining certificates for payment under division	82019
(C) of section 5104.32 of the Revised Code that the individual may	82020
use to purchase services from any provider qualified to provide	82021
publicly funded child care under section 5104.31 of the Revised	82022
Code for periods during which the child is not in an early	82023
learning program. If the individual must meet employment and	82024
training requirements for a certificate for payment, the	82025
individual may, but shall not be required to, meet these	82026
requirements concurrently with the time the child is participating	82027
in an early learning program or receiving child care as a result	82028
of the certificate.	82029

(H) Upon the transfer of appropriation from Department of	82030
Education appropriation line 200-663, Early Learning Initiative	82031
(Fund 5W2), to Department of Job and Family Services appropriation	82032
item 600-689, TANF Block Grant (Fund 3V6), up to $94,380,000 in	82033
fiscal year 2006 and up to $113,256,000 in fiscal year 2007 shall	82034
be used to reimburse early learning agencies under this section.	82035
The Department of Job and Family Services shall provide up to	82036
10,000 slots of services for eligible children in fiscal year 2006	82037
and up to 12,000 slots of services for eligible children in fiscal	82038
year 2007 through the Early Learning Initiative. In each fiscal	82039
year, the Department shall allocate at least seventeen slots of	82040
services to each county in the state.	82041

If, on or after the thirty-first day of December of each	82042
fiscal year, the Director of Budget and Management, in	82043
consultation with the Director of Job and Family Services and the	82044
Superintendent of Public Instruction, determines that there is a	82045
balance of funds in the Early Learning Initiative in either fiscal	82046
year 2006 or fiscal year 2007, the Director of Budget and	82047
Management may approve the use of the funds by the Department of	82048
Job and Family Services to provide publicly funded child care, as	82049
defined in section 5104.01 of the Revised Code.	82050

Of the foregoing appropriation item 600-689, TANF Block Grant	82051
(Fund 3V6), up to $800,000 in each fiscal year may be used by the	82052
Department of Job and Family Services for administration of the	82053
Early Learning Initiative.	82054

The Director of Budget and Management, at the request of the	82055
Director of Job and Family Services, may transfer in each fiscal	82056
year up to $2,200,000 cash from the Temporary Assistance for Needy	82057
Families Federal Fund (Fund 3V6) to the Early Learning Initiative	82058
(Fund 5W2) for administration of the Early Learning Initiative by	82059
the Department of Education.	82060

(I) Any contract executed prior to July 1, 2005, between an	82061
early learning agency, the Department of Job and Family Services,	82062
and the Department of Education shall be deemed to be effective as	82063
of July 1, 2005, upon issuance of a state purchase order even if	82064
such purchase order is approved at some later date, unless the	82065
executed contract expressly provides for a start date after July	82066
1, 2005.	82067

Section 206.67.13. MARKET RATE SURVEY

82068

The Department of Job and Family Services shall conduct a	82069
study of the market rates for the provision of child care to	82070
establish new rates for the funding of publicly funded child care.	82071
The Department shall complete this study and establish new rates	82072
for reimbursement not later than July 1, 2006.	82073

Each child care provider shall cooperate with the Department	82074
on this study. A provider that fails to cooperate with the	82075
Department shall not receive publicly funded child care funds in	82076
fiscal year 2006.	82077

Section 206.67.15. PRESCRIPTION DRUG REBATE FUND

82078

The foregoing appropriation item 600-692, Health Care	82079
Services, shall be used by the Department of Job and Family	82080
Services in accordance with section 5111.081 of the Revised Code.	82081
Moneys recovered by the Department for either hospital settlements	82082
or pursuant to the Department's rights of recovery under section	82083
5101.58 of the Revised Code, that are not directed to the Health	82084
Care Services Administration Fund (Fund 5U3) under section 5111.94	82085
of the Revised Code, shall also be deposited into Fund 5P5.	82086

Section 206.67.18. MEDICAID COVERAGE OF ALCOHOL, DRUG	82087
ADDICTION, AND MENTAL HEALTH SERVICES	82088

(A) To the maximum extent possible, the amendments to section	82089
5111.911 of the Revised Code shall be implemented in a manner that	82090
is consistent with the "State of Ohio Community Behavioral Health	82091
Medicaid Business Plan" finalized in August 2004, by the	82092
Departments of Job and Family Services, Mental Health, and Alcohol	82093
and Drug Addiction Services and the Ohio Association of Behavioral	82094
Health Authorities.	82095

(B) As soon as practicable, the Departments of Job and Family	82096
Services, Mental Health, and Alcohol and Drug Addiction Services,	82097
in conjunction with behavioral health providers, shall specify	82098
procedures that are consistent with federal law for the	82099
implementation of the "State of Ohio Community Behavioral Health	82100
Medicaid Business Plan." If it is determined that any portion of	82101
the Plan does not comply with federal law, the Departments, in	82102
conjunction with behavioral health providers, shall specify	82103
procedures to work toward implementation of that portion of the	82104
Plan.	82105

(C) A report of the progress of the implementation of the	82106
"State of Ohio Community Behavioral Health Medicaid Business Plan"	82107
shall be submitted to the Speaker of the House of Representatives	82108
and the President of the Senate not later than the first day of	82109
March and first day of October of each year until all components	82110
of the Plan have been fully implemented.	82111

Section 206.67.21. TRANSFER OF TOBACCO MASTER SETTLEMENT	82112
AGREEMENT FUNDS TO SUPPORT THE AGED, BLIND, AND DISABLED MANAGED	82113
CARE PILOT PROGRAMS	82114

(A) Not later than June 30, 2006, the Director of Job and	82115
Family Services, in conjunction with the Office of Budget and	82116
Management, shall determine the amounts necessary to implement the	82117
Aged, Blind, and Disabled Managed Care Pilot Programs established	82118
under sections 5111.163 and 5111.164 of the Revised Code.	82119

(B)(1) Notwithstanding section 183.02 of the Revised Code, on	82120
July 1, 2006, or as soon as possible thereafter, the Director of	82121
Budget and Management shall transfer cash equal to the state share	82122
of the amount determined pursuant to division (A) of this section	82123
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	82124
the ABD Managed Care Pilot Programs – State Fund (Fund 5BZ in the	82125
Department of Job and Family Services), which is hereby created.	82126
Of the tobacco revenue that is credited to the Tobacco Master	82127
Settlement Agreement Fund (Fund 087) in fiscal year 2006, the	82128
share that is determined pursuant to section 183.02 of the Revised	82129
Code to be the amount transferred by the Director of Budget and	82130
Management from the Tobacco Master Settlement Agreement Fund (Fund	82131
087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund	82132
H87) shall be reduced by the amount that is transferred from the	82133
Tobacco Master Settlement Agreement Fund (Fund 087) to the ABD	82134
Managed Care Pilot Programs – State Fund (Fund 5BZ) in accordance	82135
with this section. The amounts transferred under this division are	82136
hereby appropriated to appropriation item 600-698, ABD Managed	82137
Care Pilot Programs – State.	82138

(2) Not later than ninety days after the Department of Job	82139
and Family Services terminates the pilot programs, the Director of	82140
Budget and Management shall transfer the unencumbered cash balance	82141
of the ABD Managed Care Pilot Programs – State Fund (Fund 5BZ) to	82142
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87).	82143

(C) The Department of Job and Family Services shall deposit	82144
federal reimbursement received for the Aged, Blind, and Disabled	82145
Managed Care Pilot Programs into the ABD Managed Care Pilot	82146
Programs – Federal Fund (Fund 3AZ), which is hereby created.	82147
Amounts deposited into Fund 3AZ are hereby appropriated to	82148
appropriation item 600-699, ABD Managed Care Pilot Programs –	82149
Federal.	82150

Section 206.67.24. WAIVER OF FOOD STAMP WORK REQUIREMENTS

82151

Pursuant to 7 U.S.C. 2015(o)(4)(A)(i), the Department of Job	82152
and Family Services shall request that the United States Secretary	82153
of Agriculture waive the applicability of the work requirement of	82154
7 U.S.C. 2015(o)(2) during fiscal years 2006 and 2007 to food	82155
stamp benefit recipients who reside in a county of this state that	82156
the Department determines has an unemployment rate of over 10 per	82157
cent or does not have a sufficient number of jobs to provide	82158
employment for the recipients. The Department shall make monthly	82159
determinations of which counties the waiver shall be in effect in.	82160
No individual may be exempted from the work requirements for more	82161
than a total of twelve months beginning July 1, 2005, and ending	82162
June 30, 2007.	82163

The Department shall report to the Speaker and Minority	82164
Leader of the House of Representatives and President and Minority	82165
Leader of the Senate on receipt or rejection of the waiver sought	82166
under this section.	82167

Section 206.72. JCO JUDICIAL CONFERENCE OF OHIO

82168

General Revenue Fund

82169

GRF	018-321		Operating Expenses		$	957,000		$	957,000		82170
TOTAL GRF General Revenue Fund					$	957,000		$	957,000		82171

General Services Fund Group

82172

403	018-601	Ohio Jury Instructions	$	225,000	$	225,000	82173
TOTAL GSF General Services Fund Group			$	225,000	$	225,000	82174
TOTAL ALL BUDGET FUND GROUPS			$	1,182,000	$	1,182,000	82175

STATE COUNCIL OF UNIFORM STATE LAWS

82176

Notwithstanding section 105.26 of the Revised Code, of the	82177
foregoing appropriation item 018-321, Operating Expenses, up to	82178
$66,000 in fiscal year 2006 and up to $68,000 in fiscal year 2007	82179
may be used to pay the expenses of the State Council of Uniform	82180
State Laws, including membership dues to the National Conference	82181
of Commissioners on Uniform State Laws.	82182

OHIO JURY INSTRUCTIONS FUND

82183

The Ohio Jury Instructions Fund (Fund 403) shall consist of	82184
grants, royalties, dues, conference fees, bequests, devises, and	82185
other gifts received for the purpose of supporting costs incurred	82186
by the Judicial Conference of Ohio in dispensing educational and	82187
informational data to the state's judicial system. Fund 403 shall	82188
be used by the Judicial Conference of Ohio to pay expenses	82189
incurred in dispensing educational and informational data to the	82190
state's judicial system. All moneys accruing to Fund 403 in excess	82191
of $225,000 in fiscal year 2006 and in excess of $225,000 in	82192
fiscal year 2007 are hereby appropriated for the purposes	82193
authorized.	82194

No money in the Ohio Jury Instructions Fund shall be	82195
transferred to any other fund by the Director of Budget and	82196
Management or the Controlling Board.	82197

Section 206.75. JSC THE JUDICIARY/SUPREME COURT

82198

General Revenue Fund

82199

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	118,855,655	$	121,441,259	82200
GRF	005-401	State Criminal Sentencing Council	$	328,676	$	343,730	82201
GRF	005-406	Law-Related Education	$	216,131	$	222,615	82202
GRF	005-502	Commission for Legal Education Opportunity	$	435,000	$	875,000	82203
TOTAL GRF General Revenue Fund			$	119,835,462	$	122,882,604	82204

General Services Fund Group

82205

672	005-601		Continuing Judicial Education		$	130,000		$	130,000		82206
TOTAL GSF General Services Fund Group					$	130,000		$	130,000		82207

Federal Special Revenue Fund Group

82208

3J0	005-603		Federal Grants		$	848,070		$	861,382		82209
TOTAL FED Federal Special Revenue Fund Group					$	848,070		$	861,382		82210

State Special Revenue Fund Group

82211

4C8	005-605	Attorney Registration	$	3,169,774	$	3,264,867	82212
5T8	005-609	Grants and Awards	$	10,000	$	10,000	82213
6A8	005-606	Supreme Court Admissions	$	1,410,718	$	1,453,042	82214
643	005-607	Commission on Continuing Legal Education	$	569,203	$	586,261	82215
TOTAL SSR State Special Revenue Fund Group			$	5,159,695	$	5,314,170	82216
TOTAL ALL BUDGET FUND GROUPS			$	125,973,227	$	129,188,156	82217

LAW-RELATED EDUCATION

82218

The foregoing appropriation item 005-406, Law-Related	82219
Education, shall be distributed directly to the Ohio Center for	82220
Law-Related Education for the purposes of providing continuing	82221
citizenship education activities to primary and secondary	82222
students, expanding delinquency prevention programs, increasing	82223
activities for at-risk youth, and accessing additional public and	82224
private money for new programs.	82225

COMMISSION FOR LEGAL EDUCATION OPPORTUNITY

82226

The foregoing appropriation item 005-502, Commission for	82227
Legal Education Opportunity, shall be used to fund activities of	82228
the Commission for Legal Education Opportunity created by the	82229
Chief Justice of the Supreme Court of Ohio for purposes of	82230
assisting minority, low-income, and educationally disadvantaged	82231
college graduates in transition to legal education. Moneys	82232
appropriated to the Commission for Legal Education Opportunity may	82233
be used to establish and provide intensive course study designed	82234
to prepare eligible college graduates for law education, provide	82235
annual stipends for students who successfully complete the course	82236
of study and are admitted to and maintain satisfactory academic	82237
standing in an Ohio law school, and pay the administrative costs	82238
associated with the program.	82239

CONTINUING JUDICIAL EDUCATION

82240

The Continuing Judicial Education Fund (Fund 672) shall	82241
consist of fees paid by judges and court personnel for attending	82242
continuing education courses and other gifts and grants received	82243
for the purpose of continuing judicial education. The foregoing	82244
appropriation item 005-601, Continuing Judicial Education, shall	82245
be used to pay expenses for continuing education courses for	82246
judges and court personnel. If it is determined by the	82247
Administrative Director of the Supreme Court that additional	82248
appropriations are necessary, the amounts are hereby appropriated.	82249

No money in the Continuing Judicial Education Fund shall be	82250
transferred to any other fund by the Director of Budget and	82251
Management or the Controlling Board. Interest earned on moneys in	82252
the Continuing Judicial Education Fund shall be credited to the	82253
fund.	82254

FEDERAL GRANTS

82255

The Federal Grants Fund (Fund 3J0) shall consist of grants	82256
and other moneys awarded to the Supreme Court (The Judiciary) by	82257
the United States Government or other entities that receive the	82258
moneys directly from the United States Government and distribute	82259
those moneys to the Supreme Court (The Judiciary). The foregoing	82260
appropriation item 005-603, Federal Grants, shall be used in a	82261
manner consistent with the purpose of the grant or award. If it is	82262
determined by the Administrative Director of the Supreme Court	82263
that additional appropriations are necessary, the amounts are	82264
hereby appropriated.	82265

No money in the Federal Grants Fund shall be transferred to	82266
any other fund by the Director of Budget and Management or the	82267
Controlling Board. However, interest earned on moneys in the	82268
Federal Grants Fund shall be credited or transferred to the	82269
General Revenue Fund.	82270

ATTORNEY REGISTRATION

82271

In addition to funding other activities considered	82272
appropriate by the Supreme Court, the foregoing appropriation item	82273
005-605, Attorney Registration, may be used to compensate	82274
employees and to fund appropriate activities of the following	82275
offices established by the Supreme Court under the Rules for the	82276
Government of the Bar of Ohio: the Office of Disciplinary Counsel,	82277
the Board of Commissioners on Grievances and Discipline, the	82278
Clients' Security Fund, the Board of Commissioners on the	82279
Unauthorized Practice of Law, and the Office of Attorney	82280
Registration. If it is determined by the Administrative Director	82281
of the Supreme Court that additional appropriations are necessary,	82282
the amounts are hereby appropriated.	82283

No moneys in the Attorney Registration Fund shall be	82284
transferred to any other fund by the Director of Budget and	82285
Management or the Controlling Board. Interest earned on moneys in	82286
the Attorney Registration Fund shall be credited to the fund.	82287

GRANTS AND AWARDS

82288

The Grants and Awards Fund (Fund 5T8) shall consist of grants	82289
and other moneys awarded to the Supreme Court (The Judiciary) by	82290
the State Justice Institute, the Division of Criminal Justice	82291
Services, or other entities. The foregoing appropriation item	82292
005-609, Grants and Awards, shall be used in a manner consistent	82293
with the purpose of the grant or award. If it is determined by the	82294
Administrative Director of the Supreme Court that additional	82295
appropriations are necessary, the amounts are hereby appropriated.	82296

No moneys in the Grants and Awards Fund shall be transferred	82297
to any other fund by the Director of Budget and Management or the	82298
Controlling Board. However, interest earned on moneys in the	82299
Grants and Awards Fund shall be credited or transferred to the	82300
General Revenue Fund.	82301

SUPREME COURT ADMISSIONS

82302

The foregoing appropriation item 005-606, Supreme Court	82303
Admissions, shall be used to compensate Supreme Court employees	82304
who are primarily responsible for administering the attorney	82305
admissions program under the Rules for the Government of the Bar	82306
of Ohio, and to fund any other activities considered appropriate	82307
by the court. Moneys shall be deposited into the Supreme Court	82308
Admissions Fund (Fund 6A8) under the Supreme Court Rules for the	82309
Government of the Bar of Ohio. If it is determined by the	82310
Administrative Director of the Supreme Court that additional	82311
appropriations are necessary, the amounts are hereby appropriated.	82312

No moneys in the Supreme Court Admissions Fund shall be	82313
transferred to any other fund by the Director of Budget and	82314
Management or the Controlling Board. Interest earned on moneys in	82315
the Supreme Court Admissions Fund shall be credited to the fund.	82316

CONTINUING LEGAL EDUCATION

82317

The foregoing appropriation item 005-607, Commission on	82318
Continuing Legal Education, shall be used to compensate employees	82319
of the Commission on Continuing Legal Education established under	82320
the Supreme Court Rules for the Government of the Bar of Ohio, and	82321
to fund other activities of the commission considered appropriate	82322
by the court. If it is determined by the Administrative Director	82323
of the Supreme Court that additional appropriations are necessary,	82324
the amounts are hereby appropriated.	82325

No moneys in the Continuing Legal Education Fund shall be	82326
transferred to any other fund by the Director of Budget and	82327
Management or the Controlling Board. Interest earned on moneys in	82328
the Continuing Legal Education Fund shall be credited to the fund.	82329

Section 206.78. LEC LAKE ERIE COMMISSION

82330

State Special Revenue Fund Group

82331

4C0	780-601	Lake Erie Protection Fund	$	875,000	$	875,000	82332
5D8	780-602	Lake Erie Resources Fund	$	486,072	$	492,794	82333
TOTAL SSR State Special Revenue							82334
Fund Group			$	1,361,072	$	1,367,794	82335
TOTAL ALL BUDGET FUND GROUPS			$	1,361,072	$	1,367,794	82336

CASH TRANSFER

82337

Not later than the thirtieth day of November of each fiscal	82338
year, the Executive Director of the Ohio Lake Erie Office, with	82339
the approval of the Lake Erie Commission, shall certify to the	82340
Director of Budget and Management the cash balance in the Lake	82341
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	82342
operating expenses of the Lake Erie Office. The Lake Erie Office	82343
may request the Director of Budget and Management to transfer up	82344
to the certified amount from the Lake Erie Resources Fund (Fund	82345
5D8) to the Lake Erie Protection Fund (Fund 4C0). The Director of	82346
Budget and Management may transfer the requested amount, or the	82347
Director may transfer a different amount up to the certified	82348
amount. Cash transferred shall be used for the purposes described	82349
in division (A) of section 1506.23 of the Revised Code. The amount	82350
transferred by the director is hereby appropriated to the	82351
foregoing appropriation item 780-601, Lake Erie Protection Fund,	82352
which shall be increased by the amount transferred.	82353

Section 206.81. LRS LEGAL RIGHTS SERVICE

82354

General Revenue Fund

82355

GRF	054-100	Personal Services	$	162,281	$	162,281	82356
GRF	054-200	Maintenance	$	33,938	$	33,938	82357
GRF	054-300	Equipment	$	1,856	$	1,856	82358
GRF	054-401	Ombudsman	$	291,247	$	291,247	82359
TOTAL GRF General Revenue Fund			$	489,322	$	489,322	82360

General Services Fund Group

82361

416	054-601	Gifts and Donations	$	1,352	$	1,352	82362
5M0	054-610	Settlements	$	75,000	$	75,000	82363
TOTAL GSF General Services							82364
Fund Group			$	76,352	$	76,352	82365

Federal Special Revenue Fund Group

82366

3AG	054-613	Protection and Advocacy - Voter Accessibility	$	114,089	$	114,089	82367
3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,059,041	$	1,059,041	82368
3N3	054-606	Protection and Advocacy - Individual Rights	$	550,283	$	550,283	82369
3N9	054-607	Assistive Technology	$	141,686	$	141,686	82370
3R9	054-604	Family Support Collaborative	$	50,000	$	50,000	82371
3T2	054-609	Client Assistance Program	$	400,553	$	400,553	82372
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	187,784	$	187,784	82373
3Z6	054-612	Traumatic Brain Injury	$	65,138	$	65,138	82374
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,369,082	$	1,369,082	82375
TOTAL FED Federal Special Revenue							82376
Fund Group			$	3,937,656	$	3,937,656	82377

State Special Revenue Fund Group

82378

5AE	054-614	Grants and Contracts	$	75,000	$	75,000	82379
TOTAL SSR State Special Revenue Fund Group			$	75,000	$	75,000	82380
TOTAL ALL BUDGET FUND GROUPS			$	4,578,330	$	4,578,330	82381

Section 206.84. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

82383

General Revenue Fund

82384

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		82385
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		82386

TOTAL ALL BUDGET FUND GROUPS

550,000

82387

Section 206.87. LSC LEGISLATIVE SERVICE COMMISSION

82389

General Revenue Fund

82390

GRF	035-321	Operating Expenses	$	14,770,000	$	14,770,000	82391
GRF	035-402	Legislative Interns	$	1,012,000	$	1,012,000	82392
GRF	035-404	Legislative Office of Education Oversight	$	1,256,427	$	1,256,427	82393
GRF	035-405	Correctional Institution Inspection Committee	$	375,000	$	390,000	82394
GRF	035-409	National Associations	$	445,000	$	456,000	82395
GRF	035-410	Legislative Information Systems	$	3,625,000	$	3,625,000	82396
TOTAL GRF General Revenue Fund			$	21,483,427	$	21,509,427	82397

General Services Fund Group

82398

4F6	035-603	Legislative Budget Services	$	152,000	$	152,500	82399
410	035-601	Sale of Publications	$	25,000	$	25,000	82400
TOTAL GSF General Services							82401
Fund Group			$	177,000	$	177,500	82402
TOTAL ALL BUDGET FUND GROUPS			$	21,660,427	$	21,686,927	82403

Section 206.90. LIB STATE LIBRARY BOARD

82405

General Revenue Fund

82406

GRF	350-321	Operating Expenses	$	6,298,677	$	6,298,677	82407
GRF	350-400	Ohio Public Library Information Network	$	4,330,000	$	4,330,000	82408
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	82409
GRF	350-501	Library for the Blind-Cincinnati	$	535,615	$	535,615	82410
GRF	350-502	Regional Library Systems	$	1,010,441	$	1,010,441	82411
GRF	350-503	Library for the Blind-Cleveland	$	805,642	$	805,642	82412
TOTAL GRF General Revenue Fund			$	13,105,191	$	13,105,191	82413

General Services Fund Group

82414

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	82415
4S4	350-604	OPLIN Technology	$	3,000,000	$	3,000,000	82416
459	350-602	Interlibrary Service Charges	$	2,469,925	$	2,708,092	82417
TOTAL GSF General Services							82418
Fund Group			$	5,478,925	$	5,717,092	82419

Federal Special Revenue Fund Group

82420

313	350-601	LSTA Federal	$	5,643,905	$	5,643,905	82421
TOTAL FED Federal Special Revenue							82422
Fund Group			$	5,643,905	$	5,643,905	82423
TOTAL ALL BUDGET FUND GROUPS			$	24,228,021	$	24,466,188	82424

OHIOANA RENTAL PAYMENTS

82425

The foregoing appropriation item 350-401, Ohioana Rental	82426
Payments, shall be used to pay the rental expenses of the Martha	82427
Kinney Cooper Ohioana Library Association pursuant to section	82428
3375.61 of the Revised Code.	82429

LIBRARY FOR THE BLIND-CINCINNATI

82430

The foregoing appropriation item 350-501, Library for the	82431
Blind-Cincinnati, shall be used for the Talking Book program,	82432
which assists the blind and disabled.	82433

REGIONAL LIBRARY SYSTEMS

82434

The foregoing appropriation item 350-502, Regional Library	82435
Systems, shall be used to support regional library systems	82436
eligible for funding under sections 3375.83 and 3375.90 of the	82437
Revised Code.	82438

LIBRARY FOR THE BLIND-CLEVELAND

82439

The foregoing appropriation item 350-503, Library for the	82440
Blind-Cleveland, shall be used for the Talking Book program, which	82441
assists the blind and disabled.	82442

OHIO PUBLIC LIBRARY INFORMATION NETWORK

82443

The foregoing appropriation items 350-604, OPLIN Technology,	82444
and 350-400, Ohio Public Library Information Network, shall be	82445
used for an information telecommunications network linking public	82446
libraries in the state and such others as may be certified as	82447
participants by the Ohio Public Library Information Network Board.	82448

The Ohio Public Library Information Network Board shall	82449
consist of eleven members appointed by the State Library Board	82450
from among the staff of public libraries and past and present	82451
members of boards of trustees of public libraries, based on the	82452
recommendations of the Ohio library community. The Ohio Public	82453
Library Information Network Board, in consultation with the State	82454
Library, shall develop a plan of operations for the network. The	82455
board may make decisions regarding use of the foregoing	82456
appropriation items 350-400, Ohio Public Library Information	82457
Network, and 350-604, OPLIN Technology, may receive and expend	82458
grants to carry out the operations of the network in accordance	82459
with state law, and may appoint and fix the compensation of a	82460
director and necessary staff. The State Library shall be the	82461
fiscal agent for the network and shall have fiscal accountability	82462
for the expenditure of funds. The Ohio Public Library Information	82463
Network Board members shall be reimbursed for actual travel and	82464
necessary expenses incurred in carrying out their	82465
responsibilities.	82466

In order to limit access to obscene and illegal materials	82467
through internet use at Ohio Public Library Information Network	82468
(OPLIN) terminals, local libraries with OPLIN computer terminals	82469
shall adopt and implement policies that control access to obscene	82470
and illegal materials. These policies shall include use of	82471
technological systems to select or block certain internet access.	82472
The OPLIN shall condition provision of its funds, goods, and	82473
services on compliance with these policies. The OPLIN Board shall	82474
also adopt and communicate specific recommendations, including	82475
recommendations related to computer filtering, to local libraries	82476
on methods to control such improper usage. These methods may	82477
include each library implementing a written policy controlling	82478
such improper use of library terminals and requirements for	82479
parental involvement or written authorization for juvenile	82480
internet usage.	82481

Of the foregoing appropriation item 350-400, Ohio Public	82482
Library Information Network, up to $100,000 in each fiscal year	82483
shall be used to help local libraries purchase filters to screen	82484
out obscene and illegal internet materials.	82485

The OPLIN Board shall research and assist or advise local	82486
libraries with regard to emerging technologies and methods that	82487
may be effective means to control access to obscene and illegal	82488
materials. The OPLIN Executive Director shall biannually provide	82489
written reports to the Governor, the Speaker and Minority Leader	82490
of the House of Representatives, and the President and Minority	82491
Leader of the Senate on any steps being taken by OPLIN and public	82492
libraries in the state to limit and control such improper usage as	82493
well as information on technological, legal, and law enforcement	82494
trends nationally and internationally affecting this area of	82495
public access and service.	82496

The Ohio Public Library Information Network, INFOhio, and	82497
OhioLINK shall, to the extent feasible, coordinate and cooperate	82498
in their purchase or other acquisition of the use of electronic	82499
databases for their respective users and shall contribute funds in	82500
an equitable manner to such effort.	82501

Section 206.93. LCO LIQUOR CONTROL COMMISSION

82502

Liquor Control Fund Group

82503

043	970-321	Operating Expenses	$	781,181	$	803,348	82504
TOTAL LCF Liquor Control Fund Group			$	781,181	$	803,348	82505
TOTAL ALL BUDGET FUND GROUPS			$	781,181	$	803,348	82506

Section 206.96. LOT STATE LOTTERY COMMISSION

82508

General Services Fund Group

82509

231	950-604		Charitable Gaming Oversight		$	1,200,000		$	1,200,000		82510
TOTAL GSF General Services Fund Group					$	1,200,000		$	1,200,000		82511

State Lottery Fund Group

82512

044	950-100	Personal Services	$	24,969,422	$	25,457,016	82513
044	950-200	Maintenance	$	17,642,894	$	17,954,156	82514
044	950-300	Equipment	$	2,517,533	$	2,494,718	82515
044	950-402	Game and Advertising Contracts	$	70,524,000	$	70,024,000	82516
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	82517
044	950-601	Prizes, Bonuses, and Commissions	$	150,952,466	$	147,716,286	82518
871	950-602	Annuity Prizes	$	148,680,031	$	138,918,557	82519
TOTAL SLF State Lottery Fund							82520
Group			$	415,621,346	$	402,899,733	82521
TOTAL ALL BUDGET FUND GROUPS			$	416,821,346	$	404,099,733	82522

OPERATING EXPENSES

82523

Notwithstanding sections 127.14 and 131.35 of the Revised	82524
Code, the Controlling Board may, at the request of the State	82525
Lottery Commission, authorize additional appropriations for	82526
operating expenses of the State Lottery Commission from the State	82527
Lottery Fund up to a maximum of 15 per cent of anticipated total	82528
revenue accruing from the sale of lottery tickets.	82529

PRIZES, BONUSES, AND COMMISSIONS

82530

Any amounts, in addition to the amounts appropriated in	82531
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	82532
the Director of the State Lottery Commission determines to be	82533
necessary to fund prizes, bonuses, and commissions are hereby	82534
appropriated.	82535

ANNUITY PRIZES

82536

With the approval of the Office of Budget and Management, the	82537
State Lottery Commission shall transfer cash from the State	82538
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	82539
(Fund 871) in an amount sufficient to fund deferred prizes. The	82540
Treasurer of State, from time to time, shall credit the Deferred	82541
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	82542
by the Treasurer of State on invested balances.	82543

Any amounts, in addition to the amounts appropriated in	82544
appropriation item 950-602, Annuity Prizes, that the Director of	82545
the State Lottery Commission determines to be necessary to fund	82546
deferred prizes and interest earnings are hereby appropriated.	82547

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

82548

The Ohio Lottery Commission shall transfer an amount greater	82549
than or equal to $637,900,000 in fiscal year 2006 and $637,900,000	82550
in fiscal year 2007 to the Lottery Profits Education Fund.	82551
Transfers from the Commission to the Lottery Profits Education	82552
Fund shall represent the estimated net income from operations for	82553
the Commission in fiscal year 2006 and fiscal year 2007. Transfers	82554
by the Commission to the Lottery Profits Education Fund shall be	82555
administered as the statutes direct.	82556

Section 206.99. MHC MANUFACTURED HOMES COMMISSION

82557

General Services Fund Group

82558

4K9	996-609	Operating Expenses	$	272,500	$	0	82559
TOTAL GSF General Services							82560
Fund Group			$	272,500	$	0	82561
TOTAL ALL BUDGET FUND GROUPS			$	272,500	$	0	82562

INCREASED APPROPRIATION THROUGH CONTROLLING BOARD

82563

The Manufactured Homes Commission shall seek Controlling	82564
Board approval in fiscal year 2006 for a planned increase of at	82565
least $356,250 in appropriation item 996-609, Operating Expenses.	82566

Section 209.03. MED STATE MEDICAL BOARD

82567

General Services Fund Group

82568

5C6	883-609	Operating Expenses	$	7,467,317	$	7,467,317	82569
TOTAL GSF General Services							82570
Fund Group			$	7,467,317	$	7,467,317	82571
TOTAL ALL BUDGET FUND GROUPS			$	7,467,317	$	7,467,317	82572

Section 209.04. AMB MEDICAL TRANSPORTATION BOARD

82574

General Services Fund Group

82575

4N1	915-601	Operating Expenses	$	388,450	$	0	82576
TOTAL GSF General Services							82577
Fund Group			$	388,450	$	0	82578
TOTAL ALL BUDGET FUND GROUPS			$	388,450	$	0	82579

Section 209.06. DMH DEPARTMENT OF MENTAL HEALTH

82581

General Services Fund Group

82582

151	235-601	General Administration	$	89,614,180	$	93,898,713	82583
TOTAL ISF Intragovernmental							82584
Service Fund Group			$	89,614,180	$	93,898,713	82585

Division of Mental Health--

82586

Psychiatric Services to Correctional Facilities

82587

General Revenue Fund

82588

GRF	332-401		Forensic Services		$	4,338,858		$	4,338,858		82589
TOTAL GRF General Revenue Fund					$	4,338,858		$	4,338,858		82590

FORENSIC SERVICES

82591

The foregoing appropriation item 332-401, Forensic Services,	82592
shall be used to provide psychiatric services to courts of common	82593
pleas. The appropriation shall be allocated through community	82594
mental health boards to certified community agencies and shall be	82595
distributed according to the criteria delineated in rule	82596
5122:4-1-01 of the Administrative Code. These community forensic	82597
funds may also be used to provide forensic training to community	82598
mental health boards and to forensic psychiatry residency programs	82599
in hospitals operated by the Department of Mental Health and to	82600
provide evaluations of patients of forensic status in facilities	82601
operated by the Department of Mental Health prior to conditional	82602
release to the community.	82603

In addition, appropriation item 332-401, Forensic Services,	82604
may be used to support projects involving mental health, substance	82605
abuse, courts, and law enforcement to identify and develop	82606
appropriate alternative services to institutionalization for	82607
nonviolent mentally ill offenders, and to provide linkage to	82608
community services for severely mentally disabled offenders	82609
released from institutions operated by the Department of	82610
Rehabilitation and Correction. Funds may also be utilized to	82611
provide forensic monitoring and tracking in addition to community	82612
programs serving persons of forensic status on conditional release	82613
or probation.	82614

Division of Mental Health--

82615

Administration and Statewide Programs

82616

General Revenue Fund

82617

GRF	333-321	Central Administration	$	23,853,669	$	23,853,669	82618
GRF	333-402	Resident Trainees	$	1,364,919	$	1,364,919	82619
GRF	333-403	Pre-Admission Screening Expenses	$	650,135	$	650,135	82620
GRF	333-415	Lease-Rental Payments	$	23,296,200	$	23,833,600	82621
GRF	333-416	Research Program Evaluation	$	1,001,551	$	1,001,551	82622
TOTAL GRF General Revenue Fund			$	50,166,474	$	50,703,874	82623

General Services Fund Group

82624

149	333-609	Central Office Rotary - Operating	$	883,773	$	893,786	82625
232	333-621	Family and Children First Administration	$	625,000	$	625,000	82626
TOTAL General Services Fund Group			$	1,508,773	$	1,518,786	82627

Federal Special Revenue Fund Group

82628

3A6	333-608	Community & Hospital Services	$	65,000	$	0	82629
3A8	333-613	Federal Grant - Administration	$	562,417	$	512,417	82630
3A9	333-614	Mental Health Block Grant	$	748,740	$	748,470	82631
3B1	333-635	Community Medicaid Expansion	$	3,671,537	$	3,691,683	82632
324	333-605	Medicaid/Medicare	$	150,000	$	150,000	82633
TOTAL Federal Special Revenue							82634
Fund Group			$	5,197,694	$	5,102,570	82635

State Special Revenue Fund Group

82636

4X5	333-607	Behavioral Health Medicaid Services	$	3,000,634	$	3,000,634	82637
5V2	333-611	Non-Federal Miscellaneous	$	35,000	$	35,000	82638
485	333-632	Mental Health Operating	$	134,233	$	134,233	82639
TOTAL State Special Revenue							82640
Fund Group			$	3,169,867	$	3,169,867	82641
TOTAL ALL BUDGET FUND GROUPS			$	60,042,808	$	60,495,097	82642

RESIDENCY TRAINEESHIP PROGRAMS

82643

The foregoing appropriation item 333-402, Resident Trainees,	82644
shall be used to fund training agreements entered into by the	82645
Department of Mental Health for the development of curricula and	82646
the provision of training programs to support public mental health	82647
services.	82648

PRE-ADMISSION SCREENING EXPENSES

82649

The foregoing appropriation item 333-403, Pre-Admission	82650
Screening Expenses, shall be used to pay for costs to ensure that	82651
uniform statewide methods for pre-admission screening are in place	82652
to perform assessments for persons in need of mental health	82653
services or for whom institutional placement in a hospital or in	82654
another inpatient facility is sought. Pre-admission screening	82655
includes the following activities: pre-admission assessment,	82656
consideration of continued stay requests, discharge planning and	82657
referral, and adjudication of appeals and grievance procedures.	82658

LEASE-RENTAL PAYMENTS

82659

The foregoing appropriation item 333-415, Lease-Rental	82660
Payments, shall be used to meet all payments at the times they are	82661
required to be made during the period from July 1, 2005, to June	82662
30, 2007, by the Department of Mental Health under leases and	82663
agreements made under section 154.20 of the Revised Code, but	82664
limited to the aggregate amount of $47,129,800. Nothing in this	82665
act shall be deemed to contravene the obligation of the state to	82666
pay, without necessity for further appropriation, from the sources	82667
pledged thereto, the bond service charges on obligations issued	82668
under section 154.20 of the Revised Code.	82669

BEHAVIORAL HEALTH MEDICAID SERVICES

82670

The Department of Mental Health shall administer specified	82671
Medicaid Services as delegated by the Department of Job and Family	82672
Services in an interagency agreement. The foregoing appropriation	82673
item 333-607, Behavioral Health Medicaid Services, may be used to	82674
make payments for free-standing psychiatric hospital inpatient	82675
services as defined in an interagency agreement with the	82676
Department of Job and Family Services.	82677

Section 209.06.03. DIVISION OF MENTAL HEALTH - HOSPITALS

82678

General Revenue Fund

82679

GRF	334-408	Community and Hospital Mental Health Services	$	390,424,545	$	400,324,545	82680
GRF	334-506	Court Costs	$	976,652	$	976,652	82681
TOTAL GRF General Revenue Fund			$	391,401,197	$	401,301,197	82682

General Services Fund Group

82683

149	334-609	Hospital Rotary - Operating Expenses	$	24,408,053	$	24,408,053	82684
150	334-620	Special Education	$	120,930	$	120,930	82685
TOTAL GSF General Services							82686
Fund Group			$	24,528,983	$	24,528,983	82687

Federal Special Revenue Fund Group

82688

3A6	334-608	Subsidy for Federal Grants	$	586,224	$	586,224	82689
3A8	334-613	Federal Letter of Credit	$	200,000	$	200,000	82690
3B0	334-617	Elementary and Secondary Education Act	$	171,930	$	178,807	82691
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	82692
324	334-605	Medicaid/Medicare	$	11,764,280	$	11,873,408	82693
TOTAL FED Federal Special Revenue							82694
Fund Group			$	14,722,434	$	14,838,439	82695

State Special Revenue Fund Group

82696

485	334-632	Mental Health Operating	$	2,476,297	$	2,476,297	82697
692	334-636	Community Mental Health Board Risk Fund	$	80,000	$	80,000	82698
TOTAL SSR State Special Revenue							82699
Fund Group			$	2,556,297	$	2,556,297	82700
TOTAL ALL BUDGET FUND GROUPS			$	433,208,911	$	443,224,916	82701

COMMUNITY MENTAL HEALTH BOARD RISK FUND

82702

The foregoing appropriation item 334-636, Community Mental	82703
Health Board Risk Fund, shall be used to make payments under	82704
section 5119.62 of the Revised Code.	82705

Section 209.06.06. DIVISION OF MENTAL HEALTH - COMMUNITY	82706
SUPPORT SERVICES	82707

General Revenue Fund

82708

GRF	335-404	Behavioral Health Services-Children	$	5,865,265	$	6,865,265	82709
GRF	335-405	Family & Children First	$	2,260,000	$	2,260,000	82710
GRF	335-419	Community Medication Subsidy	$	7,959,798	$	7,959,798	82711
GRF	335-505	Local Mental Health Systems of Care	$	94,687,868	$	99,687,868	82712
TOTAL GRF General Revenue Fund			$	110,772,931	$	116,772,931	82713

General Services Fund Group

82714

4P9	335-604	Community Mental Health Projects	$	250,000	$	250,000	82715
TOTAL GSF General Services							82716
Fund Group			$	250,000	$	250,000	82717

Federal Special Revenue Fund Group

82718

3A6	335-608	Federal Miscellaneous	$	1,089,699	$	678,699	82719
3A7	335-612	Social Services Block Grant	$	8,657,288	$	8,657,288	82720
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	2,407,040	$	2,407,040	82721
3A9	335-614	Mental Health Block Grant	$	14,969,400	$	14,969,400	82722
3B1	335-635	Community Medicaid Expansion	$	264,088,404	$	282,807,902	82723
TOTAL FED Federal Special Revenue Fund Group			$	291,211,831	$	309,520,329	82724

State Special Revenue Fund Group

82725

5AU	335-615	Behavioral Healthcare	$	4,690,000	$	4,690,000	82726
5CH	335-622	Residential State Supplement	$	1,500,000	$	1,500,000	82727
5CS	335-624	Adult Emergency Assistance	$	4,000,000	$	4,000,000	82728
632	335-616	Community Capital Replacement	$	350,000	$	350,000	82729
TOTAL SSR State Special Revenue Fund Group			$	10,540,000	$	10,540,000	82730

TOTAL ALL BUDGET FUND GROUPS	$	412,774,762	$	437,083,260	82731
DEPARTMENT TOTAL					82732
GENERAL REVENUE FUND	$	556,679,460	$	573,116,860	82733
DEPARTMENT TOTAL					82734
GENERAL SERVICES FUND GROUP	$	115,901,936	$	120,196,482	82735
DEPARTMENT TOTAL					82736
FEDERAL SPECIAL REVENUE					82737
FUND GROUP	$	311,131,959	$	329,461,338	82738
DEPARTMENT TOTAL					82739
STATE SPECIAL REVENUE FUND GROUP	$	16,266,164	$	16,266,164	82740
DEPARTMENT TOTAL					82741
TOTAL DEPARTMENT OF MENTAL HEALTH	$	999,979,519	$	1,039.040,844	82742

Section 209.06.09. COMMUNITY MEDICATION SUBSIDY

82744

The foregoing appropriation item 335-419, Community	82745
Medication Subsidy, shall be used to provide subsidized support	82746
for psychotropic medication needs of indigent citizens in the	82747
community to reduce unnecessary hospitalization because of lack of	82748
medication and to provide subsidized support for methadone costs.	82749

LOCAL MENTAL HEALTH SYSTEMS OF CARE

82750

The foregoing appropriation item 335-505, Local Mental Health	82751
Systems of Care, shall be used for mental health services provided	82752
by community mental health boards in accordance with a community	82753
mental health plan submitted under section 340.03 of the Revised	82754
Code and as approved by the Department of Mental Health.	82755

Of the foregoing appropriation, not less than $34,818,917 in	82756
fiscal year 2006 and not less than $34,818,917 in fiscal year 2007	82757
shall be distributed by the Department of Mental Health on a per	82758
capita basis to community mental health boards.	82759

Of the foregoing appropriation, $100,000 in each fiscal year	82760
shall be used to fund family and consumer education and support.	82761

BEHAVIORAL HEALTH - CHILDREN

82762

The foregoing appropriation item 335-404, Behavioral Health	82763
Services-Children, shall be used to provide behavioral health	82764
services for children and their families. Behavioral health	82765
services include mental health and alcohol and other drug	82766
treatment services and other necessary supports.	82767

Of the foregoing appropriation item 335-404, Behavioral	82768
Health Services-Children, an amount up to $5.0 million in fiscal	82769
year 2006 and $6.0 million in fiscal year 2007 shall be	82770
distributed to local Alcohol, Drug Addiction, and Mental Health	82771
Boards; Community Mental Health Boards; and Alcohol and Drug	82772
Addiction Boards, based upon a formula and an approved children's	82773
behavioral health transformation plan developed and endorsed by	82774
the local Family and Children First Council with the leadership	82775
from the Alcohol, Drug Addiction, and Mental Health Board, or the	82776
Community Mental Health Board, and the Alcohol and Drug Addiction	82777
Services Board. The use of these funds shall be approved by a team	82778
of state and local stakeholders appointed by the Ohio Family and	82779
Children First Cabinet Council. This team shall be appointed not	82780
later than July 1, 2005, and shall include, but not be limited to,	82781
all of the following:	82782

(A) At least one representative from each of the Departments	82783
of Alcohol and Drug Addiction Services, Mental Health, Education,	82784
Health, Job and Family Services, Mental Retardation and	82785
Developmental Disabilities, and the Department of Youth Services;	82786

(B) At least one person representing local public children's	82787
services agencies;	82788

82789

(D) At least one person representing local Alcohol, Drug	82790
Addiction, and Mental Health Boards; Community Mental Health	82791
Boards; and Alcohol and Drug Addiction Boards;	82792

(E) At least one person representing local Family and	82793
Children First Council Coordinators;	82794

(F) At least one family representative.

82795

Children's behavioral health transformation plans shall be	82796
congruent with the development and implementation of the process	82797
described in division (B)(2)(b) of section 121.37 of the Revised	82798
Code and shall address all of the following as determined by a	82799
team of state and local stakeholders appointed by the Ohio Family	82800
and Children First Cabinet Council:	82801

(A) Specific strategies and actions for use of all funds	82802
allocated for the Access to Better Care Initiative by all Ohio	82803
Family and Children First Cabinet Council agencies that will	82804
further the transformation of the local Children's Behavioral	82805
Health Care System;	82806

(B) Providing services to children with behavioral health	82807
disorders, particularly those with intensive needs, and their	82808
families, across all child-serving systems, including child	82809
welfare and juvenile justice and for those youth whose parents	82810
would otherwise have to relinquish custody to obtain needed	82811
behavioral health services;	82812

(C) Assuring that families are included in all service	82813
planning activities and have access to advocates to assist them if	82814
they choose;	82815

(D) Implementation of home-based services and other	82816
alternatives to out-of-home placement;	82817

(E) Assuring that all individual service plans for children	82818
and their families address the academic achievement of the child;	82819

(F) Coordinating the most efficient and effective use of	82820
federal, state, and local funds to meet the needs of children and	82821
their families.	82822

Funds may be used to support the following services and	82823
activities:	82824

(A) Mental health services provided by the Ohio Department of	82825
Mental Health certified agencies and alcohol and other drug	82826
services provided by Department of Alcohol and Drug Addiction	82827
Services certified agencies;	82828

(B) Services and supports for children and their families	82829
that further the implementation of their individual service plans;	82830

(C) Treatment services in out-of-home settings, including	82831
residential facilities, when other alternatives are not available	82832
or feasible;	82833

(D) Administrative support for efforts associated with this	82834
initiative;	82835

(E) These funds shall not be used to supplant existing	82836
efforts.	82837

The Ohio Family and Children First Cabinet Council appointed	82838
team shall approve the plans for local behavioral health services	82839
and ensure the plans are components of and properly coordinated	82840
with the county service coordination plan as defined in section	82841
121.37 of the Revised Code. In addition to approving the plans for	82842
new behavioral health funding, this team shall design a mechanism	82843
to provide technical assistance to local communities, monitor the	82844
plans, and may, as part of the monitoring role, conduct site	82845
visits.	82846

Of the foregoing appropriation item 335-404, Behavioral	82847
Health Services-Children, an amount up to $1.0 million in fiscal	82848
year 2006 and $1.0 million in fiscal year 2007 shall be used to	82849
support projects, as determined by the Ohio Family and Children	82850
First Cabinet Council, in select areas around the state to focus	82851
on improving behavioral health services for children involved in	82852
the child welfare and juvenile justice systems. At least one of	82853
these projects shall focus on services for adolescent girls that	82854
are involved in or at risk of involvement with the juvenile	82855
justice system.	82856

Of the foregoing appropriation item 335-405, Family &	82857
Children First, an amount up to $500,000 in fiscal year 2006 and	82858
$500,000 in fiscal year 2007 shall be used for children who do not	82859
have behavioral health disorders but require assistance through	82860
the County Family and Children First Council.	82861

RESIDENTIAL STATE SUPPLEMENT

82862

The foregoing appropriation item 335-622, Residential State	82863
Supplement, shall be used to provide subsidized support for	82864
licensed adult care facilities which serve individuals with mental	82865
illness.	82866

ADULT EMERGENCY ASSISTANCE

82867

The foregoing appropriation item 335-624, Adult Emergency	82868
Assistance, shall be used by the Department of Mental Health to	82869
provide pharmaceuticals for adults who are not eligible for	82870
Medicaid and whose income is below seventy-five per cent of the	82871
federal poverty guideline.	82872

Section 209.06.15. The Department of Mental Health, with the	82873
Bureau of Workers' Compensation, Department of Rehabilitation and	82874
Correction, the Department of Youth Services, and any other state	82875
or local government agency that purchases prescription drugs,	82876
other than the Department of Job and Family Services for the	82877
purposes of the Medicaid program shall do all of the following:	82878

(A) Study intrastate consolidated prescription drug	82879
purchasing systems currently in effect in other states under which	82880
a single entity administers the state's prescription drug	82881
purchases;	82882

(B) Estimate potential cost-savings and other advantages, as	82883
well as any potential disadvantages, that might result if Ohio	82884
were to consolidate its executive agencies' prescription drug	82885
purchases under a prescription drug purchasing program;	82886

(C) Design a consolidated prescription drug purchasing	82887
program appropriate to the prescription drug purchasing needs of	82888
the state, including the following elements:	82889

(1) The scope and structure of the consolidated prescription	82890
drug purchasing program;	82891

(2) A business plan to direct the implementation of the	82892
program and the transition of prescription drug purchasing from	82893
the state's executive agencies to the consolidated prescription	82894
drug purchasing program;	82895

(3) Identification of the resources required to implement the	82896
business plan described in division (C)(2) of this section;	82897

(4) A schedule of the amount of time required to implement	82898
the business plan described in division (C)(2) of this section.	82899

(D) By not later than January 1, 2006, prepare and submit a	82900
written report of its findings to the Governor, the Speaker and	82901
Minority Leader of the House of Representatives, and the President	82902
and Minority Leader of the Senate. The report shall include an	82903
analysis of any costs Ohio may incur in creating a consolidated	82904
prescription drug purchasing program.	82905

Section 209.09. DMR DEPARTMENT OF MENTAL RETARDATION AND	82906
DEVELOPMENTAL DISABILITIES	82907

Section 209.09.03. GENERAL ADMINISTRATION AND STATEWIDE	82908
SERVICES	82909

General Revenue Fund

82910

GRF	320-321	Central Administration	$	9,357,877	$	9,357,874	82911
GRF	320-412	Protective Services	$	2,463,000	$	2,463,000	82912
GRF	320-415	Lease-Rental Payments	$	23,296,200	$	23,833,600	82913
TOTAL GRF General Revenue Fund			$	35,117,077	$	35,654,474	82914

General Services Fund Group

82915

4B5	320-640	Conference/Training	$	300,000	$	300,000	82916
TOTAL GSF General Services							82917
Fund Group			$	300,000	$	300,000	82918

Federal Special Revenue Fund Group

82919

3A4	320-605	Administrative Support	$	13,492,892	$	13,492,892	82920
3A5	320-613	DD Council Operating	$	895,440	$	895,440	82921
		Expenses					82922
325	320-634	Protective Services	$	100,000	$	100,000	82923
TOTAL FED Federal Special Revenue							82924
Fund Group			$	14,488,332	$	14,488,332	82925

State Special Revenue Fund Group							82926
5S2	590-622	Medicaid Administration & Oversight	$	8,000,000	$	8,000,000	82927
TOTAL SSR State Special Revenue							82928
Fund Group			$	8,000,000	$	8,000,000	82929
TOTAL ALL GENERAL ADMINISTRATION							82930
AND STATEWIDE SERVICES							82931
BUDGET FUND GROUPS			$	57,905,409	$	58,442,806	82932

LEASE-RENTAL PAYMENTS

82933

The foregoing appropriation item 320-415, Lease-Rental	82934
Payments, shall be used to meet all payments at the times they are	82935
required to be made during the period from July 1, 2005, to June	82936
30, 2007, by the Department of Mental Retardation and	82937
Developmental Disabilities under leases and agreements made under	82938
section 154.20 of the Revised Code, but limited to the aggregate	82939
amount of $47,129,800. Nothing in this act shall be deemed to	82940
contravene the obligation of the state to pay, without necessity	82941
for further appropriation, from the sources pledged thereto, the	82942
bond service charges on obligations issued under section 154.20 of	82943
the Revised Code.	82944

Section 209.09.06. COMMUNITY SERVICES

82945

General Revenue Fund

82946

GRF	322-405	State Use Program	$	20,000	$	0	82947
GRF	322-413	Residential and Support Services	$	7,423,021	$	7,423,021	82948
GRF	322-416	Waiver State Match	$	103,090,738	$	104,397,504	82949
GRF	322-417	Supported Living	$	43,160,198	$	43,160,198	82950
GRF	322-451	Family Support Services	$	6,938,898	$	6,938,898	82951
GRF	322-452	Service and Support Administration	$	8,672,730	$	8,672,730	82952
GRF	322-501	County Boards Subsidies	$	32,193,542	$	32,193,542	82953
GRF	322-503	Tax Equity	$	14,500,000	$	14,500,000	82954
TOTAL GRF General Revenue Fund			$	215,999,127	$	217,285,893	82955

General Services Fund Group

82956

4J6	322-645	Intersystem Services for Children	$	300,000	$	0	82957
4U4	322-606	Community MR and DD Trust	$	300,000	$	50,000	82958
488	322-603	Provider Audit Refunds	$	350,000	$	350,000	82959
TOTAL GSF General Services							82960
Fund Group			$	950,000	$	400,000	82961

Federal Special Revenue Fund Group

82962

3A4	322-605	Community Program Support	$	1,500,000	$	1,500,000	82963
3A5	322-613	DD Council Grants	$	3,204,240	$	3,204,240	82964
3G6	322-639	Medicaid Waiver	$	373,772,814	$	373,772,814	82965
3M7	322-650	CAFS Medicaid	$	125,924,299	$	103,773,730	82966
325	322-608	Grants for Infants and Families with Disabilities	$	1,763,165	$	1,763,165	82967
325	322-612	Community Social Service Programs	$	11,500,000	$	11,500,000	82968
TOTAL FED Federal Special Revenue							82969
Fund Group			$	517,664,518	$	495,513,949	82970

State Special Revenue Fund Group

82971

4K8	322-604	Waiver - Match	$	12,000,000	$	12,000,000	82972
5H0	322-619	Medicaid Repayment	$	25,000	$	25,000	82973
5Z1	322-624	County Board Waiver Match	$	82,000,000	$	82,000,000	82974
TOTAL SSR State Special Revenue							82975
Fund Group			$	94,025,000	$	94,025,000	82976
TOTAL ALL COMMUNITY SERVICES							82977
BUDGET FUND GROUPS			$	828,638,645	$	807,492,882	82978

RESIDENTIAL AND SUPPORT SERVICES

82979

The Department of Mental Retardation and Developmental	82980
Disabilities may designate a portion of appropriation item	82981
322-413, Residential and Support Services, for the following:	82982

(A) Sermak Class Services used to implement the requirements	82983
of the agreement settling the consent decree in Sermak v. Manuel,	82984
Case No. c-2-80-220, United States District Court for the Southern	82985
District of Ohio, Eastern Division;	82986

(B) Medicaid-reimbursed programs other than home and	82987
community-based waiver services, in an amount not to exceed	82988
$1,000,000 in each fiscal year, that enable persons with mental	82989
retardation and developmental disabilities to live in the	82990
community.	82991

WAIVER STATE MATCH

82992

The purposes for which the foregoing appropriation item	82993
322-416, Waiver State Match, shall be used include the following:	82994

(A) Home and community-based waiver services under Title XIX	82995
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	82996
as amended.	82997

(B) Services contracted by county boards of mental	82998
retardation and developmental disabilities.	82999

(C) To pay the nonfederal share of the cost of one or more	83000
new intermediate-care-facility-for-the-mentally-retarded certified	83001
beds in a county where the county board of mental retardation and	83002
developmental disabilities does not initiate or support the	83003
development or certification of such beds, if the Director of	83004
Mental Retardation and Developmental Disabilities is required by	83005
this act to transfer to the Director of Job and Family Services	83006
funds to pay such nonfederal share.	83007

The Department of Mental Retardation and Developmental	83008
Disabilities may designate a portion of appropriation item	83009
322-416, Waiver State Match, to county boards of mental	83010
retardation and developmental disabilities that have greater need	83011
for various residential and support services because of a low	83012
percentage of residential and support services development in	83013
comparison to the number of individuals with mental retardation or	83014
developmental disabilities in the county.	83015

Of the foregoing appropriation item 322-416, Waiver State	83016
Match, $9,850,000 in each year of the biennium shall be	83017
distributed by the Department to county boards of mental	83018
retardation and developmental disabilities to support existing	83019
residential facilities waiver and individual options waiver	83020
related to Medicaid activities provided for in the component of a	83021
county board's plan developed under division (A)(2) of section	83022
5126.054 of the Revised Code and approved under section 5123.046	83023
of the Revised Code. Up to $3,000,000 of these funds in each	83024
fiscal year may be used to implement day-to-day program management	83025
services under division (A)(2) of section 5126.054 of the Revised	83026
Code. Up to $4,200,000 in each fiscal year may be used to	83027
implement the program and health and welfare requirements of	83028
division (A)(2) of section 5126.054 of the Revised Code.	83029

In fiscal years 2006 and 2007 not less than $2,650,000 of	83030
these funds shall be used to recruit and retain, under division	83031
(A)(2) of section 5126.054 of the Revised Code, the direct care	83032
staff necessary to implement the services included in an	83033
individualized service plan in a manner that ensures the health	83034
and welfare of the individuals being served.	83035

The method utilized by the department to determine each	83036
residential facilities wavier and individual options provider's	83037
allocation of such funds in fiscal year 2005 shall be used for	83038
allocation purposes to such providers in fiscal years 2006 and	83039
2007, respectively.	83040

SUPPORTED LIVING

83041

The purposes for which the foregoing appropriation item	83042
322-417, Supported Living, shall be used include supported living	83043
services contracted by county boards of mental retardation and	83044
developmental disabilities under sections 5126.40 to 5126.47 of	83045
the Revised Code and paying the nonfederal share of the cost of	83046
one or more new	83047
intermediate-care-facility-for-the-mentally-retarded certified	83048
beds in a county where the county board of mental retardation and	83049
developmental disabilities does not initiate or support the	83050
development or certification of such beds, if the Director of	83051
Mental Retardation and Developmental Disabilities is required by	83052
this act to transfer to the Director of Job and Family Services	83053
funds to pay such nonfederal share.	83054

OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS

83055

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	83056
the Department of Mental Retardation and Developmental	83057
Disabilities may develop residential and support service programs	83058
funded by appropriation item 322-413, Residential and Support	83059
Services; appropriation item 322-416, Waiver State Match; or	83060
appropriation item 322-417, Supported Living, that enable persons	83061
with mental retardation and developmental disabilities to live in	83062
the community. Notwithstanding Chapter 5121. and section 5123.122	83063
of the Revised Code, the Department may waive the support	83064
collection requirements of those statutes for persons in community	83065
programs developed by the Department under this section. The	83066
Department shall adopt rules under Chapter 119. of the Revised	83067
Code or may use existing rules for the implementation of these	83068
programs.	83069

FAMILY SUPPORT SERVICES

83070

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	83071
5126.11 of the Revised Code, the Department of Mental Retardation	83072
and Developmental Disabilities may implement programs funded by	83073
appropriation item 322-451, Family Support Services, to provide	83074
assistance to persons with mental retardation or developmental	83075
disabilities and their families who are living in the community.	83076
The department shall adopt rules to implement these programs. The	83077
department may also use the foregoing appropriation item 322-451,	83078
Family Support Services, to pay the nonfederal share of the cost	83079
of one or more new	83080
intermediate-care-facility-for-the-mentally-retarded certified	83081
beds in a county where the county board of mental retardation and	83082
developmental disabilities initiates or supports the development	83083
or certification of such beds, if the Director of Mental	83084
Retardation and Developmental Disabilities is required by this act	83085
to transfer to the Director of Job and Family Services funds to	83086
pay such nonfederal share.	83087

SERVICE AND SUPPORT ADMINISTRATION

83088

The foregoing appropriation item 322-452, Service and Support	83089
Administration, shall be allocated to county boards of mental	83090
retardation and developmental disabilities for the purpose of	83091
providing service and support administration services and to	83092
assist in bringing state funding for all department-approved	83093
service and support administrators within county boards of mental	83094
retardation and developmental disabilities to the level authorized	83095
in division (C) of section 5126.15 of the Revised Code. The	83096
department may request approval from the Controlling Board to	83097
transfer any unobligated appropriation authority from other state	83098
General Revenue Fund appropriation items within the department's	83099
budget to appropriation item 322-452, Service and Support	83100
Administration, to be used to meet the statutory funding level in	83101
division (C) of section 5126.15 of the Revised Code.	83102

Notwithstanding division (C) of section 5126.15 of the	83103
Revised Code and subject to funding in appropriation item 322-452,	83104
Service and Support Administration, no county may receive less	83105
than its allocation in fiscal year 1995. Wherever case management	83106
services are referred to in any law, contract, or other document,	83107
the reference shall be deemed to refer to service and support	83108
administration. No action or proceeding pending on the effective	83109
date of this section is affected by the renaming of case	83110
management services as service and support administration.	83111

The Department of Mental Retardation and Developmental	83112
Disabilities shall adopt, amend, and rescind rules as necessary to	83113
reflect the renaming of case management services as service and	83114
support administration. All boards of mental retardation and	83115
developmental disabilities and the entities with which they	83116
contract for services shall rename the titles of their employees	83117
who provide service and support administration. All boards and	83118
contracting entities shall make corresponding changes to all	83119
employment contracts.	83120

The Department also may use the foregoing appropriation item	83121
322-452, Service and Support Administration, to pay the nonfederal	83122
share of the cost of one or more new	83123
intermediate-care-facility-for-the-mentally-retarded certified	83124
beds in a county where the county board of mental retardation and	83125
developmental disabilities initiates or supports the development	83126
or certification of such beds, if the Director of Mental	83127
Retardation and Developmental Disabilities is required by this act	83128
to transfer to the Director of Job and Family Services funds to	83129
pay such nonfederal share.	83130

STATE SUBSIDIES TO MR/DD BOARDS

83131

Notwithstanding section 5126.12 of the Revised Code, for	83132
fiscal year 2006, the Department shall, if sufficient funds as	83133
determined by the Department are available, use the foregoing	83134
appropriation item 322-501, County Boards Subsidies, to pay each	83135
county board of mental retardation and developmental disabilities	83136
an amount that is equal to the amount such board received in	83137
fiscal year 2005. If the Department determines that there are not	83138
sufficient funds available in appropriation item 322-501, County	83139
Boards Subsidies, for this purpose, the Department shall pay to	83140
each county board an amount that is proportionate to the amount	83141
such board received in fiscal year 2005. Proportionality shall be	83142
determined by comparing the payment a county board received in a	83143
category in fiscal year 2005 to the total payments distributed to	83144
all county boards for such category in fiscal year 2005. For	83145
fiscal year 2007, the Department shall pay to each county board an	83146
amount that is determined by an allocation formula to be developed	83147
by the Department that considers the applicable factors in section	83148
5126.12 of the Revised Code.	83149

The Department also may use the foregoing appropriation item	83150
322-501, County Boards Subsidies, to pay the nonfederal share of	83151
the cost of one or more new	83152
intermediate-care-facility-for-the-mentally-retarded certified	83153
beds in a county where the county board of mental retardation and	83154
developmental disabilities initiates or supports the development	83155
or certification of such beds, if the Director of Mental	83156
Retardation and Developmental Disabilities is required by this act	83157
to transfer to the Director of Job and Family Services funds to	83158
pay such nonfederal share.	83159

WAIVER - MATCH

83160

The foregoing appropriation item 322-604, Waiver - Match	83161
(Fund 4K8), shall be used as state matching funds for the home and	83162
community-based waivers.	83163

COUNTY BOARD WAIVER MATCH

83164

The Director of Mental Retardation and Developmental	83165
Disabilities shall transfer, through intrastate transfer vouchers,	83166
cash from any allowable General Revenue Fund appropriation item to	83167
Fund 5Z1, appropriation item 322-624, County Board Waiver Match.	83168
(The amounts being transferred reflect the amounts that county	83169
boards pledge from their state General Revenue Funds allocations	83170
to cover the cost of providing the non-federal match for waiver	83171
services.)	83172

TRANSFER OF FUNDS FOR THE FAMILY AND CHILDREN FIRST CABINET	83173
COUNCIL TO THE DEPARTMENT OF MENTAL HEALTH	83174

On July 1, 2005, or as soon as possible thereafter, the	83175
Director of Mental Retardation and Developmental Disabilities	83176
shall certify the remaining cash balance in Fund 4V1,	83177
Miscellaneous Use, to the Director of Budget and Management. Upon	83178
receipt of the certification, the Director of Budget and	83179
Management shall transfer that amount and re-establish existing	83180
encumbrances in the Department of Mental Health, Fund 232, Family	83181
and Children First Administration Fund. When this transfer has	83182
been completed, Fund 4V1 shall be abolished.	83183

On November 1, 2005, or as soon as possible thereafter, the	83184
Director of Mental Retardation and Developmental Disabilities	83185
shall certify the remaining cash balance in Fund 4J6, Youth	83186
Cluster, to the Director of Budget and Management, who upon	83187
receipt shall transfer that amount to the General Revenue Fund and	83188
increase the Department of Mental Health's GRF appropriation item	83189
335-404, Behavioral Health Services-Children, by the same amount.	83190
When this transfer has been completed, Fund 4J6 shall be	83191
abolished.	83192

Section 209.09.09. COMMUNITY ALTERNATIVE FUNDING SYSTEM

83193

(A) As used in this section, "habilitation center services"	83194
has the same meaning as in former section 5111.041 of the Revised	83195
Code as that section existed on June 30, 2005.	83196

(B) The Department of Mental Retardation and Developmental	83197
Disabilities may use funds appropriated to the Department for the	83198
purpose of habilitation center services to satisfy a claim or	83199
contingent claim for habilitation center services provided before	83200
July 1, 2005, if the Department receives the claim or contingent	83201
claim before July 1, 2006. The Department has no liability to	83202
satisfy either of the following:	83203

(1) A claim for habilitation center services provided before	83204
July 1, 2005, if the Department receives the claim on or after	83205
July 1, 2006.	83206

(2) A claim for habilitation center services provided on or	83207
after July 1, 2005.	83208

(C) The Department of Mental Retardation and Developmental	83209
Disabilities may inform individuals who received habilitation	83210
center services under the community alternative funding system on	83211
June 30, 2005, and such individuals' representatives about	83212
alternative services that may be available for the individuals.	83213
The Department may require county boards of mental retardation and	83214
developmental disabilities to provide such information to the	83215
individuals and their representatives.	83216

Section 209.09.12. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	83217
MODEL BILLING FOR SERVICES RENDERED	83218

Developmental centers of the Department of Mental Retardation	83219
and Developmental Disabilities may provide services to persons	83220
with mental retardation or developmental disabilities living in	83221
the community or to providers of services to these persons. The	83222
department may develop a method for recovery of all costs	83223
associated with the provisions of these services.	83224

Section 209.09.15. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	83225
PHARMACY PROGRAMS	83226

The Department of Mental Retardation and Developmental	83227
Disabilities shall pay the Department of Job and Family Services	83228
quarterly, through intrastate transfer voucher, the nonfederal	83229
share of Medicaid prescription drug claim costs for all	83230
developmental centers paid by the Department of Job and Family	83231
Services.	83232

Section 209.09.16. TRANSFER OF ADMINISTRATION OF FAMILY AND	83233
CHILDREN FIRST	83234

The Department of Mental Retardation and Developmental	83235
Disabilities shall transfer the administrative duties related to	83236
the operation of the Ohio Family and Children First Cabinet	83237
Council to the Department of Mental Health. As part of the	83238
transfer, all of the following shall occur on July 1, 2005, or as	83239
soon as possible thereafter as the Departments of Mental	83240
Retardation and Developmental Disabilities and Mental Health are	83241
able to make the transfers:	83242

(A) Individuals employed by the Department of Mental	83243
Retardation and Developmental Disabilities on June 30, 2005, to	83244
perform administrative functions for the Ohio Family and Children	83245
First Cabinet Council shall be transferred to the Department of	83246
Mental Health.	83247

(B) The assets, liabilities, equipment, and records,	83248
irrespective of form or medium, related to the administrative	83249
duties of the Ohio Family and Children First Cabinet Council shall	83250
transfer or be transferred to the Department of Mental Health;	83251

(C) The Department of Mental Health shall assume the	83252
obligations of the Ohio Family and Children First Cabinet	83253
Council's administrative duties.	83254

Section 209.09.18. RESIDENTIAL FACILITIES

83255

General Revenue Fund

83256

GRF	323-321	Residential Facilities	$	101,764,366	$	100,457,600	83257
		Operations					83258
TOTAL GRF General Revenue Fund			$	101,764,366	$	100,457,600	83259

General Services Fund Group

83260

152	323-609	Residential Facilities	$	912,177	$	912,177	83261
		Support					83262
TOTAL GSF General Services							83263
Fund Group			$	912,177	$	912,177	83264

Federal Special Revenue Fund Group

83265

3A4	323-605	Developmental Center Operation Expenses	$	120,000,000	$	120,000,000	83266
325	323-608	Foster Grandparent Program	$	575,000	$	575,000	83267
TOTAL FED Federal Special Revenue							83268
Fund Group			$	120,575,000	$	120,575,000	83269

State Special Revenue Fund Group

83270

221	322-620	Supplement Service Trust	$	150,000	$	150,000	83271
489	323-632	Developmental Center Direct Care Support	$	12,125,628	$	12,125,628	83272
TOTAL SSR State Special Revenue							83273
Fund Group			$	12,275,628	$	12,275,628	83274
TOTAL ALL RESIDENTIAL FACILITIES							83275
BUDGET FUND GROUPS			$	235,527,171	$	234,220,405	83276

DEPARTMENT TOTAL					83277
GENERAL REVENUE FUND	$	352,880,570	$	353,397,967	83278
DEPARTMENT TOTAL					83279
GENERAL SERVICES FUND GROUP	$	2,162,177	$	1,612,177	83280
DEPARTMENT TOTAL					83281
FEDERAL SPECIAL REVENUE FUND GROUP	$	652,727,850	$	630,577,281	83282
DEPARTMENT TOTAL					83283
STATE SPECIAL REVENUE FUND GROUP	$	114,300,628	$	114,300,628	83284
TOTAL DEPARTMENT OF MENTAL					83285
RETARDATION AND DEVELOPMENTAL					83286
DISABILITIES	$	1,122,071,225	$	1,100,156,093	83287

Section 209.09.21. (A) As used in this section:

83289

(1) "Family support services," "home and community-based	83290
services," "service and support administration," and "supported	83291
living" have the same meaning as in section 5126.01 of the Revised	83292
Code.	83293

(2) "Intermediate care facility for the mentally retarded"	83294
has the same meaning as in section 5111.20 of the Revised Code.	83295

(B) If one or more new beds obtain certification as an	83296
intermediate-care-facility-for-the-mentally-retarded bed on or	83297
after the effective date of this section, the Director of Mental	83298
Retardation and Developmental Disabilities shall transfer funds to	83299
the Department of Job and Family Services to pay the nonfederal	83300
share of the cost under the Medicaid Program for those beds. The	83301
Director shall use only the following funds for the transfer:	83302

(1) If the beds are located in a county served by a county	83303
board of mental retardation and developmental disabilities that	83304
does not initiate or support the beds' certification, funds	83305
appropriated to the Department of Mental Retardation and	83306
Developmental Disabilities for home and community-based services	83307
and supported living for which the Director is authorized to make	83308
allocations to county boards;	83309

(2) If the beds are located in a county served by a county	83310
board that initiates or supports the beds' certification, funds	83311
appropriated to the Department for family support services,	83312
service and support administration, and other services for which	83313
the Director is authorized to make allocations to counties.	83314

(C) The funds that the Director transfers under division	83315
(B)(2) of this section shall be funds that the Director has	83316
allocated to the county board serving the county in which the beds	83317
are located unless the amount of the allocation is insufficient to	83318
pay the entire nonfederal share of the cost under the Medicaid	83319
Program for those beds. If the allocation is insufficient, the	83320
Director shall use as much of such funds allocated to other	83321
counties as is needed to make up the difference.	83322

Section 209.09.24. HABILITATION CENTERS PROVIDING MEDICAID	83323
CASE MANAGEMENT SERVICES	83324

A habilitation center holding on June 30, 2005, a valid	83325
certificate issued under former section 5123.041 of the Revised	83326
Code may provide Medicaid case management services until the	83327
earlier of the following:	83328

(A) The date the United States Secretary of Health and Human	83329
Services approves an amendment to the state Medicaid plan that	83330
provides that only county boards of mental retardation and	83331
developmental disabilities may provide Medicaid case management	83332
services;	83333

(B) The habilitation center ceases to meet the requirements	83334
that were in effect on June 30, 2005, for the certificate issued	83335
under former section 5123.041 of the Revised Code.	83336

Section 209.09.27. INTENT OF SECTION 5123.045 OF THE REVISED	83337
CODE	83338

The legislative intent of section 5123.045 of the Revised	83339
Code is to continue the requirement that payment for home and	83340
community-based waiver services is limited to settings of not more	83341
than four individuals and/or the owner of the residence is not the	83342
provider of the services to the individuals living in that	83343
residence.	83344

Section 209.12. MIH COMMISSION ON MINORITY HEALTH

83345

General Revenue Fund

83346

GRF	149-321	Operating Expenses	$	539,319	$	539,319	83347
GRF	149-501	Minority Health Grants	$	670,965	$	670,965	83348
GRF	149-502	Lupus Program	$	136,126	$	136,126	83349
TOTAL GRF General Revenue Fund			$	1,346,410	$	1,346,410	83350

Federal Special Revenue Fund Group

83351

3J9	149-602	Federal Grants	$	150,000	$	150,000	83352
TOTAL FED Federal Special Revenue							83353
Fund Group			$	150,000	$	150,000	83354

State Special Revenue Fund Group

83355

4C2	149-601	Minority Health Conference	$	250,000	$	150,000	83356
TOTAL SSR State Special Revenue							83357
Fund Group			$	250,000	$	150,000	83358
TOTAL ALL BUDGET FUND GROUPS			$	1,746,410	$	1,646,410	83359

LUPUS PROGRAM

83360

The foregoing appropriation item 149-502, Lupus Program,	83361
shall be used to provide grants for programs in patient, public,	83362
and professional education on the subject of systemic lupus	83363
erythemtosus; to encourage and develop local centers on lupus	83364
information gathering and screening; and to provide outreach to	83365
minority women.	83366

Section 209.15. CRB MOTOR VEHICLE COLLISION REPAIR	83367
REGISTRATION BOARD	83368

General Service Fund Group

83369

5H9	865-609	Operating Expenses - CRB	$	325,047	$	0	83370
TOTAL GSF General Services							83371
Fund Group			$	325,047	$	0	83372
TOTAL ALL BUDGET FUND GROUPS			$	325,047	$	0	83373

Section 209.18. DNR DEPARTMENT OF NATURAL RESOURCES

83375

General Revenue Fund

83376

GRF	725-401	Wildlife-GRF Central Support	$	1,000,000	$	1,000,000	83377
GRF	725-404	Fountain Square Rental Payments - OBA	$	1,025,300	$	1,092,000	83378
GRF	725-407	Conservation Reserve Enhancement Program	$	1,000,000	$	1,000,000	83379
GRF	725-413	OPFC Lease Rental Payments	$	18,699,100	$	20,962,800	83380
GRF	725-423	Stream and Ground Water Gauging	$	311,910	$	311,910	83381
GRF	725-425	Wildlife License Reimbursement	$	646,319	$	646,319	83382
GRF	725-456	Canal Lands	$	332,859	$	332,859	83383
GRF	725-502	Soil and Water Districts	$	9,836,436	$	9,836,436	83384
GRF	725-903	Natural Resources General Obligation Debt Service	$	25,866,000	$	24,359,100	83385
GRF	727-321	Division of Forestry	$	8,541,511	$	8,541,511	83386
GRF	728-321	Division of Geological Survey	$	1,630,000	$	1,630,000	83387
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	83388
GRF	730-321	Division of Parks and Recreation	$	37,924,841	$	39,874,841	83389
GRF	731-321	Office of Coastal Management	$	259,707	$	259,707	83390
GRF	733-321	Division of Water	$	3,207,619	$	3,207,619	83391
GRF	736-321	Division of Engineering	$	3,118,703	$	3,118,703	83392
GRF	737-321	Division of Soil and Water	$	4,074,788	$	4,074,788	83393
GRF	738-321	Division of Real Estate and Land Management	$	2,291,874	$	2,291,874	83394
GRF	741-321	Division of Natural Areas and Preserves	$	3,009,505	$	3,009,505	83395
GRF	744-321	Division of Mineral Resources Management	$	3,068,167	$	3,068,167	83396
TOTAL GRF General Revenue Fund			$	126,285,534	$	129,059,034	83397

General Services Fund Group

83398

155	725-601	Departmental Projects	$	3,135,821	$	3,011,726	83399
157	725-651	Central Support Indirect	$	6,528,675	$	6,528,675	83400
204	725-687	Information Services	$	4,676,627	$	4,676,627	83401
206	725-689	REALM Support Services	$	475,000	$	475,000	83402
207	725-690	Real Estate Services	$	64,000	$	64,000	83403
223	725-665	Law Enforcement Administration	$	2,096,225	$	2,096,225	83404
227	725-406	Parks Projects Personnel	$	175,000	$	110,000	83405
4D5	725-618	Recycled Materials	$	50,000	$	50,000	83406
4S9	725-622	NatureWorks Personnel	$	472,648	$	307,648	83407
4X8	725-662	Water Resources Council	$	125,000	$	125,000	83408
430	725-671	Canal Lands	$	797,582	$	847,582	83409
508	725-684	Natural Resources Publications	$	157,792	$	157,792	83410
510	725-631	Maintenance - State-owned Residences	$	260,849	$	260,849	83411
516	725-620	Water Management	$	2,442,956	$	2,459,120	83412
635	725-664	Fountain Square Facilities Management	$	3,182,223	$	3,190,223	83413
697	725-670	Submerged Lands	$	542,011	$	542,011	83414
TOTAL GSF General Services							83415
Fund Group			$	25,182,409	$	24,902,478	83416

Federal Special Revenue Fund Group

83417

3B3	725-640	Federal Forest Pass-Thru	$	150,000	$	150,000	83418
3B4	725-641	Federal Flood Pass-Thru	$	350,000	$	350,000	83419
3B5	725-645	Federal Abandoned Mine Lands	$	14,310,497	$	14,307,666	83420
3B6	725-653	Federal Land and Water Conservation Grants	$	5,000,000	$	5,000,000	83421
3B7	725-654	Reclamation - Regulatory	$	2,107,292	$	2,107,291	83422
3P0	725-630	Natural Areas and Preserves - Federal	$	315,000	$	315,000	83423
3P1	725-632	Geological Survey - Federal	$	479,651	$	479,651	83424
3P2	725-642	Oil and Gas-Federal	$	362,933	$	367,912	83425
3P3	725-650	Coastal Management - Federal	$	1,592,923	$	1,607,686	83426
3P4	725-660	Water - Federal	$	419,766	$	420,525	83427
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	2,225,000	$	2,225,000	83428
3Z5	725-657	REALM-Federal	$	1,578,871	$	1,578,871	83429
328	725-603	Forestry Federal	$	1,813,827	$	2,228,081	83430
332	725-669	Federal Mine Safety Grant	$	258,102	$	258,102	83431
TOTAL FED Federal Special Revenue							83432
Fund Group			$	30,963,862	$	31,395,785	83433

State Special Revenue Fund Group

83434

4J2	725-628	Injection Well Review	$	93,957	$	79,957	83435
4M7	725-631	Wildfire Suppression	$	100,000	$	100,000	83436
4U6	725-668	Scenic Rivers Protection	$	407,100	$	407,100	83437
5B3	725-674	Mining Regulation	$	28,850	$	28,850	83438
5BV	725-683	Soil and Water Districts	$	1,850,000	$	1,850,000	83439
5P2	725-634	Wildlife Boater Angler Administration	$	4,200,000	$	3,500,000	83440
509	725-602	State Forest	$	2,291,664	$	2,591,664	83441
511	725-646	Ohio Geological Mapping	$	549,310	$	549,310	83442
512	725-605	State Parks Operations	$	26,814,288	$	26,814,288	83443
512	725-680	Parks Facilities Maintenance	$	2,576,240	$	2,576,240	83444
514	725-606	Lake Erie Shoreline	$	612,075	$	657,113	83445
518	725-643	Oil and Gas Permit Fees	$	2,674,377	$	2,674,378	83446
518	725-677	Oil and Gas Well Plugging	$	1,200,000	$	1,200,000	83447
521	725-627	Off-Road Vehicle Trails	$	143,490	$	143,490	83448
522	725-656	Natural Areas Checkoff Funds	$	1,550,670	$	1,550,670	83449
526	725-610	Strip Mining Administration Fee	$	1,932,492	$	1,932,492	83450
527	725-637	Surface Mining Administration	$	2,312,815	$	2,322,702	83451
529	725-639	Unreclaimed Land Fund	$	623,356	$	631,257	83452
531	725-648	Reclamation Forfeiture	$	2,061,861	$	2,062,237	83453
532	725-644	Litter Control and Recycling	$	7,100,000	$	7,100,000	83454
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	83455
615	725-661	Dam Safety	$	365,223	$	365,223	83456
TOTAL SSR State Special Revenue							83457
Fund Group			$	60,487,768	$	60,136,971	83458

Clean Ohio Fund Group

83459

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		83460
TOTAL CLF Clean Ohio Fund Group					$	155,000		$	155,000		83461

Wildlife Fund Group

83462

015	740-401	Division of Wildlife Conservation	$	49,447,500	$	50,447,500	83463
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	83464
816	725-649	Wetlands Habitat	$	966,885	$	966,885	83465
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	83466
818	725-629	Cooperative Fisheries Research	$	1,500,000	$	1,500,000	83467
819	725-685	Ohio River Management	$	128,584	$	128,584	83468
TOTAL WLF Wildlife Fund Group			$	57,163,418	$	58,163,418	83469

Waterways Safety Fund Group

83470

086	725-414	Waterways Improvement	$	3,792,343	$	3,792,343	83471
086	725-418	Buoy Placement	$	52,182	$	52,182	83472
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	83473
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	83474
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	83475
086	739-401	Division of Watercraft	$	20,027,909	$	20,086,681	83476
5AW	725-682	Watercraft Revolving Loans	$	3,000,000	$	1,000,000	83477
TOTAL WSF Waterways Safety Fund							83478
Group			$	27,953,097	$	26,011,869	83479

Holding Account Redistribution Fund Group

83480

R17	725-659	Performance Cash Bond Refunds	$	374,263	$	374,263	83481
R43	725-624	Forestry	$	2,500,000	$	1,500,000	83482
TOTAL 090 Holding Account							83483
Redistribution Fund Group			$	2,874,263	$	1,874,263	83484

Accrued Leave Liability Fund Group

83485

4M8	725-675	FOP Contract	$	20,844	$	20,844	83486
TOTAL ALF Accrued Leave							83487
Liability Fund Group			$	20,844	$	20,844	83488
TOTAL ALL BUDGET FUND GROUPS			$	331,086,195	$	331,719,662	83489

Section 209.18.03. CENTRAL SUPPORT INDIRECT

83491

With the exception of the Division of Wildlife, whose direct	83492
and indirect central support charges shall be paid out of the	83493
General Revenue Fund from the foregoing appropriation item	83494
725-401, Wildlife-GRF Central Support, the Department of Natural	83495
Resources, with approval of the Director of Budget and Management,	83496
shall utilize a methodology for determining each division's	83497
payments into the Central Support Indirect Fund (Fund 157). The	83498
methodology used shall contain the characteristics of	83499
administrative ease and uniform application in compliance with	83500
federal grant requirements. It may include direct cost charges for	83501
specific services provided. Payments to the Central Support	83502
Indirect Fund (Fund 157) shall be made using an intrastate	83503
transfer voucher.	83504

Section 209.18.06. FOUNTAIN SQUARE

83505

The foregoing appropriation item 725-404, Fountain Square	83506
Rental Payments - OBA, shall be used by the Department of Natural	83507
Resources to meet all payments required to be made to the Ohio	83508
Building Authority during the period from July 1, 2005, to June	83509
30, 2007, pursuant to leases and agreements with the Ohio Building	83510
Authority under section 152.241 of the Revised Code, but limited	83511
to the aggregate amount of $2,117,300.	83512

The Director of Natural Resources, using intrastate transfer	83513
vouchers, shall make payments to the General Revenue Fund from	83514
funds other than the General Revenue Fund to reimburse the General	83515
Revenue Fund for the other funds' shares of the lease rental	83516
payments to the Ohio Building Authority. The transfers from the	83517
non-General Revenue funds shall be made within 10 days of the	83518
payment to the Ohio Building Authority for the actual amounts	83519
necessary to fulfill the leases and agreements pursuant to section	83520
152.241 of the Revised Code.	83521

The foregoing appropriation item 725-664, Fountain Square	83522
Facilities Management (Fund 635), shall be used for payment of	83523
repairs, renovation, utilities, property management, and building	83524
maintenance expenses for the Fountain Square Complex. Cash	83525
transferred by intrastate transfer vouchers from various	83526
department funds and rental income received by the Department of	83527
Natural Resources shall be deposited into the Fountain Square	83528
Facilities Management Fund (Fund 635).	83529

LEASE RENTAL PAYMENTS

83530

The foregoing appropriation item 725-413, OPFC Lease Rental	83531
Payments, shall be used to meet all payments at the times they are	83532
required to be made during the period from July 1, 2005, to June	83533
30, 2007, by the Department of Natural Resources pursuant to	83534
leases and agreements made under section 154.22 of the Revised	83535
Code, but limited to the aggregate amount of $50,375,100. Nothing	83536
in this act shall be deemed to contravene the obligation of the	83537
state to pay, without necessity for further appropriation, from	83538
the sources pledged thereto, the bond service charges on	83539
obligations issued pursuant to section 154.22 of the Revised Code.	83540

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

83541

The foregoing appropriation item 725-903, Natural Resources	83542
General Obligation Debt Service, shall be used to pay all debt	83543
service and related financing costs at the times they are required	83544
to be made pursuant to sections 151.01 and 151.05 of the Revised	83545
Code during the period from July 1, 2005, to June 30, 2007. The	83546
Office of the Sinking Fund or the Director of Budget and	83547
Management shall effectuate the required payments by an intrastate	83548
transfer voucher.	83549

Section 209.18.09. WILDLIFE LICENSE REIMBURSEMENT

83550

Notwithstanding the limits of the transfer from the General	83551
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	83552
of the Revised Code, up to the amount available in appropriation	83553
item 725-425, Wildlife License Reimbursement, may be transferred	83554
from the General Revenue Fund to the Wildlife Fund (Fund 015).	83555
Pursuant to the certification of the Director of Budget and	83556
Management of the amount of foregone revenue in accordance with	83557
section 1533.15 of the Revised Code, the foregoing appropriation	83558
item in the General Revenue Fund, appropriation item 725-425,	83559
Wildlife License Reimbursement, shall be used to reimburse the	83560
Wildlife Fund (Fund 015) for the cost of hunting and fishing	83561
licenses and permits issued after June 30, 1990, to individuals	83562
who are exempted under the Revised Code from license, permit, and	83563
stamp fees.	83564

CANAL LANDS

83565

The foregoing appropriation item 725-456, Canal Lands, shall	83566
be used to transfer funds to the Canal Lands Fund (Fund 430) to	83567
provide operating expenses for the State Canal Lands Program. The	83568
transfer shall be made using an intrastate transfer voucher and	83569
shall be subject to the approval of the Director of Budget and	83570
Management.	83571

SOIL AND WATER DISTRICTS

83572

In addition to state payments to soil and water conservation	83573
districts authorized by section 1515.10 of the Revised Code, the	83574
Department of Natural Resources may pay to any soil and water	83575
conservation district, from authority in appropriation item	83576
725-502, Soil and Water Districts, an annual amount not to exceed	83577
$30,000, upon receipt of a request and justification from the	83578
district and approval by the Ohio Soil and Water Conservation	83579
Commission. The county auditor shall credit the payments to the	83580
special fund established under section 1515.10 of the Revised Code	83581
for the local soil and water conservation district. Moneys	83582
received by each district shall be expended for the purposes of	83583
the district. The foregoing appropriation item 725-683, Soil and	83584
Water Districts, shall be expended for the purposes described	83585
above, except that the funding source for this appropriation shall	83586
be a fee applied on the disposal of construction and demolition	83587
debris as provided in section 1515.14 of the Revised Code, as	83588
amended by this act.	83589

Of the foregoing appropriation item 725-502, Soil and Water	83590
Districts, $25,000 in each fiscal year shall be used for the	83591
Conservation Action Project.	83592

Of the foregoing appropriation item, 725-683, Soil and Water	83593
Districts, $200,000 in each fiscal year shall be used to support	83594
the Heidelberg College Water Quality Laboratory.	83595

Of the foregoing appropriation item 725-683, Soil and Water	83596
Districts, $100,000 in each fiscal year shall be used to support	83597
the Muskingum Watershed Conservancy District.	83598

Of the foregoing appropriation item 725-683, Soil and Water	83599
Districts, $100,000 in each fiscal year shall be used to support	83600
the Indian Lake Watershed in Logan County.	83601

PARKS AND RECREATION

83602

Of the foregoing appropriation item 730-321, Division of	83603
Parks and Recreation, $50,000 in each fiscal year shall be used	83604
for the Fairport Harbor Port Authority boat launch in Lake County.	83605

FUND CONSOLIDATION

83606

The Director of Budget and Management shall transfer an	83607
amount certified by the Director of Natural Resources from the	83608
Central Support Indirect Fund (Fund 157) to the Law Enforcement	83609
Administration Fund (Fund 223) and the Information Services Fund	83610
(Fund 204) to implement a direct cost recovery plan.	83611

STATE PARK DEPRECIATION RESERVE

83612

The foregoing appropriation item 725-680, Parks Facilities	83613
Maintenance, shall be used by the Division of Parks and Recreation	83614
to maintain state park revenue producing facilities in the best	83615
economic operating condition and to repair and replace equipment	83616
used in the operation of state park revenue producing facilities.	83617

Upon certification of the Director of Natural Resources, the	83618
Director of Budget and Management shall transfer the cash balance	83619
in the Depreciation Reserve Fund (Fund 161), which is abolished in	83620
section 1541.221 of the Revised Code, as amended by this act, to	83621
the State Park Fund (Fund 512), which is created in section	83622
1541.22 of the Revised Code. All outstanding encubrances shall be	83623
cancelled on October 1, 2005.	83624

OIL AND GAS WELL PLUGGING

83625

The foregoing appropriation item 725-677, Oil and Gas Well	83626
Plugging, shall be used exclusively for the purposes of plugging	83627
wells and to properly restore the land surface of idle and orphan	83628
oil and gas wells pursuant to section 1509.071 of the Revised	83629
Code. No funds from the appropriation item shall be used for	83630
salaries, maintenance, equipment, or other administrative	83631
purposes, except for those costs directly attributed to the	83632
plugging of an idle or orphan well. Appropriation authority from	83633
this appropriation item shall not be transferred to any other fund	83634
or line item.	83635

LITTER CONTROL AND RECYCLING

83636

Of the foregoing appropriation item, 725-644, Litter Control	83637
and Recycling, not more than $1,500,000 may be used in each fiscal	83638
year for the administration of the Recycling and Litter Prevention	83639
program. The remaining $5,600,000 shall be used to provide grants	83640
to local governments.	83641

CLEAN OHIO OPERATING EXPENSES

83642

The foregoing appropriation item 725-405, Clean Ohio	83643
Operating, shall be used by the Department of Natural Resources in	83644
administering section 1519.05 of the Revised Code.	83645

WATERCRAFT MARINE PATROL

83646

Of the foregoing appropriation item 739-401, Division of	83647
Watercraft, not more than $200,000 in each fiscal year shall be	83648
expended for the purchase of equipment for marine patrols	83649
qualifying for funding from the Department of Natural Resources	83650
pursuant to section 1547.67 of the Revised Code. Proposals for	83651
equipment shall accompany the submission of documentation for	83652
receipt of a marine patrol subsidy pursuant to section 1547.67 of	83653
the Revised Code and shall be loaned to eligible marine patrols	83654
pursuant to a cooperative agreement between the Department of	83655
Natural Resources and the eligible marine patrol.	83656

WATERCRAFT REVOLVING LOAN PROGRAM

83657

Upon certification by the Director of Natural Resources, the	83658
Director of Budget and Management shall transfer an amount not to	83659
exceed $3,000,000 in fiscal year 2006 and not to exceed $1,000,000	83660
in fiscal year 2007 so certified from the Waterways Safety Fund	83661
(Fund 086) to the Watercraft Revolving Loans Fund (Fund 5AW). The	83662
moneys shall be used pursuant to section 1547.721 of the Revised	83663
Code.	83664

PARKS CAPITAL EXPENSES FUND

83665

There is hereby created in the state treasury the Parks	83666
Capital Expenses Fund (Fund 227). The fund shall be used to pay	83667
for design, engineering, and planning costs incurred by the	83668
Department of Natural Resources for capital parks projects.	83669

The Director of Natural Resources shall submit to the	83670
Director of Budget and Management the estimated design,	83671
engineering, and planning costs of capital-related work to be done	83672
by Department of Natural Resources staff for parks projects. If	83673
the Director of Budget and Management approves the estimated	83674
costs, the Director may release appropriations from appropriation	83675
item 725-406, Parks Projects Personnel, for those purposes. Upon	83676
release of the appropriations, the Department of Natural Resources	83677
shall pay for these expenses from the Parks Capital Expenses Fund	83678
(Fund 227). Expenses paid from Fund 227 shall be reimbursed by the	83679
Parks and Recreation Improvement Fund (Fund 035) using an	83680
intrastate transfer voucher.	83681

Section 209.21. NUR STATE BOARD OF NURSING

83682

General Services Fund Group

83683

4K9	884-609	Operating Expenses	$	5,661,280	$	5,661,280	83684
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	83685
TOTAL GSF General Services							83686
Fund Group			$	5,666,280	$	5,666,280	83687
TOTAL ALL BUDGET FUND GROUPS			$	5,666,280	$	5,666,280	83688

NURSING SPECIAL ISSUES

83689

The foregoing appropriation item 884-601, Nursing Special	83690
Issues (Fund 5P8), shall be used to pay the costs the Board of	83691
Nursing incurs in implementing section 4723.062 of the Revised	83692
Code.	83693

Section 209.24. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY,	83694
AND ATHLETIC TRAINERS BOARD	83695

General Services Fund Group

83696

4K9	890-609	Operating Expenses	$	824,057	$	83697
TOTAL GSF General Services Fund Group			$	824,057	$	83698
TOTAL ALL BUDGET FUND GROUPS			$	824,057	$	83699

Section 209.27. OLA OHIOANA LIBRARY ASSOCIATION

83701

General Revenue Fund

83702

GRF	355-501	Library Subsidy	$	100,000	$	100,000	83703
TOTAL GRF General Revenue Fund			$	100,000	$	100,000	83704
TOTAL ALL BUDGET FUND GROUPS			$	100,000	$	100,000	83705

Section 209.30. ODB OHIO OPTICAL DISPENSERS BOARD

83707

General Services Fund Group

83708

4K9	894-609	Operating Expenses	$	316,517	$	0	83709
TOTAL GSF General Services							83710
Fund Group			$	316,517	$	0	83711
TOTAL ALL BUDGET FUND GROUPS			$	316,517	$	0	83712

Section 209.33. OPT STATE BOARD OF OPTOMETRY

83714

General Services Fund Group

83715

4K9	885-609	Operating Expenses	$	336,771	$	0	83716
TOTAL GSF General Services							83717
Fund Group			$	336,771	$	0	83718
TOTAL ALL BUDGET FUND GROUPS			$	336,771	$	0	83719

Section 209.36. OPP STATE BOARD OF ORTHOTICS, PROSTHETICS,	83721
AND PEDORTHICS	83722

General Services Fund Group

83723

4K9	973-609	Operating Expenses	$	99,571	$	0	83724
TOTAL GSF General Services							83725
Fund Group			$	99,571	$	0	83726
TOTAL ALL BUDGET FUND GROUPS			$	99,571	$	0	83727

Section 209.39. PBR STATE PERSONNEL BOARD OF REVIEW

83728

General Revenue Fund

83729

GRF	124-321		Operating		$	1,116,170		$	1,148,000		83730
TOTAL GRF General Revenue Fund					$	1,116,170		$	1,148,000		83731

General Services Fund Group

83732

636	124-601	Transcript and Other	$	12,000	$	15,000	83733
TOTAL GSF General Services							83734
Fund Group			$	12,000	$	15,000	83735
TOTAL ALL BUDGET FUND GROUPS			$	1,128,170	$	1,163,000	83736

TRANSCRIPT AND OTHER

83737

The foregoing appropriation item 124-601, Transcript and	83738
Other, may be used to defray the costs of producing an	83739
administrative record.	83740

Section 209.42. PRX STATE BOARD OF PHARMACY

83741

General Services Fund Group

83742

4A5	887-605	Drug Law Enforcement	$	75,550	$	75,550	83743
4K9	887-609	Operating Expenses	$	5,650,537	$	5,400,537	83744
TOTAL GSF General Services							83745
Fund Group			$	5,726,087	$	5,476,087	83746
TOTAL ALL BUDGET FUND GROUPS			$	5,726,087	$	5,476,087	83747

Section 209.45. PSY STATE BOARD OF PSYCHOLOGY

83749

General Services Fund Group

83750

4K9	882-609	Operating Expenses	$	566,112	$	0	83751
TOTAL GSF General Services							83752
Fund Group			$	566,112	$	0	83753
TOTAL ALL BUDGET FUND GROUPS			$	566,112	$	0	83754

Section 209.48. PUB OHIO PUBLIC DEFENDER COMMISSION

83756

General Revenue Fund

83757

GRF	019-321	Public Defender Administration	$	1,295,570	$	1,262,439	83758
GRF	019-401	State Legal Defense Services	$	5,744,601	$	5,704,117	83759
GRF	019-403	Multi-County: State Share	$	823,620	$	823,620	83760
GRF	019-404	Trumbull County - State Share	$	256,380	$	256,380	83761
GRF	019-405	Training Account	$	31,324	$	31,324	83762
GRF	019-501	County Reimbursement	$	30,000,000	$	30,000,000	83763
TOTAL GRF General Revenue Fund			$	38,151,495	$	38,077,880	83764

General Services Fund Group

83765

101	019-602	Inmate Legal Assistance	$	53,086	$	32,338	83766
406	019-603	Training and Publications	$	16,000	$	16,000	83767
407	019-604	County Representation	$	186,146	$	188,810	83768
408	019-605	Client Payments	$	614,027	$	762,106	83769
TOTAL GSF General Services							83770
Fund Group			$	869,259	$	999,254	83771

Federal Special Revenue Fund Group

83772

3S8	019-608	Federal Representation	$	380,484	$	315,287	83773
TOTAL FED Federal Special Revenue							83774
Fund Group			$	380,484	$	315,287	83775

State Special Revenue Fund Group

83776

4C7	019-601	Multi-County: County Share	$	2,028,309	$	2,104,367	83777
4X7	019-610	Trumbull County - County Share	$	642,106	$	665,860	83778
574	019-606	Legal Services Corporation	$	16,575,000	$	21,300,000	83779
TOTAL SSR State Special Revenue							83780
Fund Group			$	19,245,415	$	24,070,227	83781
TOTAL ALL BUDGET FUND GROUPS			$	58,646,653	$	63,462,648	83782

INDIGENT DEFENSE OFFICE

83783

The foregoing appropriation items 019-404, Trumbull County -	83784
State Share, and 019-610, Trumbull County - County Share, shall be	83785
used to support an indigent defense office for Trumbull County.	83786

MULTI-COUNTY OFFICE

83787

The foregoing appropriation items 019-403, Multi-County:	83788
State Share, and 019-601, Multi-County: County Share, shall be	83789
used to support the Office of the Ohio Public Defender's	83790
Multi-County Branch Office Program.	83791

TRAINING ACCOUNT

83792

The foregoing appropriation item 019-405, Training Account,	83793
shall be used by the Ohio Public Defender to provide legal	83794
training programs at no cost for private appointed counsel who	83795
represent at least one indigent defendant at no cost and for state	83796
and county public defenders and attorneys who contract with the	83797
Ohio Public Defender to provide indigent defense services.	83798

FEDERAL REPRESENTATION

83799

The foregoing appropriation item 019-608, Federal	83800
Representation, shall be used to receive reimbursements from the	83801
federal courts when the Ohio Public Defender provides	83802
representation in federal court cases and to support	83803
representation in such cases.	83804

Section 209.51. DHS DEPARTMENT OF PUBLIC SAFETY

83805

General Revenue Fund

83806

GRF	763-403	Operating Expenses - EMA	$	4,214,697	$	4,214,697	83807
GRF	763-507	Individual and Households Program - State	$	650,000	$	650,000	83808
GRF	768-424	Operating Expenses - CJS	$	965,899	$	1,276,192	83809
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	752,000	$	752,000	83810
TOTAL GRF General Revenue Fund			$	6,582,596	$	6,892,889	83811

General Services Fund Group

83812

3AY	768-606	Federal Justice Grants	$	11,200,000	$	11,500,000	83813
4P6	768-601	Justice Program Services	$	100,000	$	100,000	83814
TOTAL GSF General Services Fund Group			$	100,000	$	100,000	83815

Federal Special Revenue Fund Group

83816

3AY	768-606	Federal Justice Grants	$	11,200,000	$	11,500,000	83817
3L5	768-604	Justice Program	$	31,019,750	$	25,214,623	83818
3V8	768-605	Federal Program Purposes FFY01	$	50,000	$	0	83819
TOTAL FED Federal Special Revenue Fund Group			$	42,269,750	$	36,714,623	83820

State Special Revenue Fund Group

83821

5BK	768-689	Family Violence Shelter Programs	$	500,000	$	650,000	83822
5B9	766-632	PI & Security Guard Provider	$	1,188,716	$	1,188,716	83823
5CC	768-607	Public Safety Services	$	375,000	$	325,000	83824
TOTAL SSR State Special Revenue Fund Group			$	2,063,716	$	2,163,716	83825

TOTAL ALL BUDGET FUND GROUPS

51,016,062

45,871,228

83826

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

83827

Of the foregoing appropriation item 763-403, Operating	83828
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	83829
the Ohio Task Force One - Urban Search and Rescue Unit and other	83830
urban search and rescue programs around the state to create a	83831
stronger search and rescue capability statewide.	83832

BACK-UP POWER GENERATION DEVICES

83833

Of the foregoing appropriation item 763-403, Operating	83834
Expenses – EMA, $300,000 in each fiscal year shall be used to fund	83835
back-up power generation devices to be used for training purposes.	83836
These power generation devices shall include one reciprocating	83837
engine, one portable microturbine generator for demonstration	83838
purposes, and one stationary fuel cell device.	83839

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

83840

The foregoing appropriation item 763-507, Individual and	83841
Households Program - State, shall be used to fund the state share	83842
of costs to provide grants to individuals and households in cases	83843
of disaster.	83844

TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE	83845
DEPARTMENT OF PUBLIC SAFETY	83846

(A) On July 1, 2005:

83847

(1) The Office of Criminal Justice Services shall cease to	83848
exist. Subject to the layoff provisions of sections 124.321 to	83849
124.328 of the Revised Code, the employees of the Office of	83850
Criminal Justice Services who were employed by that Office on June	83851
30, 2005, are transferred on that date to the Department of Public	83852
Safety. The vehicles and equipment assigned to those employees are	83853
transferred to the Department of Public Safety.	83854

(2) The assets, liabilities, other equipment not provided	83855
for, and records, irrespective of form or medium, of the Office of	83856
Criminal Justice Services are transferred to the Division of	83857
Criminal Justice Services. The Division of Criminal Justice	83858
Services is the successor to, assumes the obligations of, and	83859
otherwise constitutes the continuation of the Office of Criminal	83860
Justice Services.	83861

(3) Business commenced but not completed by the Office of	83862
Criminal Justice Services on July 1, 2005, shall be completed by	83863
the Division of Criminal Justice Services, in the same manner, and	83864
with the same effect, as if completed by the Office of Criminal	83865
Justice Services. No validation, cure, right, privilege, remedy,	83866
obligation, or liability is lost or impaired by reason of the	83867
transfer required by this section but shall be administered by the	83868
Division of Criminal Justice Services.	83869

(4) The rules, orders, and determinations pertaining to the	83870
Office of Criminal Justice Services continue in effect as rules,	83871
orders, and determinations of the Division of Criminal Justice	83872
Services until modified or rescinded by that Division.	83873

(5) No judicial or administrative action or proceeding	83874
pending on July 1, 2005, is affected by the transfer of functions	83875
from the Office of Criminal Justice Services to the Division of	83876
Criminal Justice Services and shall be prosecuted or defended in	83877
the name of the Executive Director or Division of Criminal Justice	83878
Services. On application to the court or other tribunal, the	83879
Executive Director or Division of Criminal Justice Services shall	83880
be substituted as a party in those actions and proceedings.	83881

(6) When the Director or Office of Criminal Justice Services	83882
is referred to in any statute, rule, contract, grant, or other	83883
document, the reference is hereby deemed to refer to the Executive	83884
Director or Division of Criminal Justice Services.	83885

(B) On and after July 1, 2005, if necessary to ensure the	83886
integrity of the numbering of the Administrative Code, the	83887
Director of the Legislative Service Commission shall renumber the	83888
rules of the Office of Criminal Justice Services to reflect their	83889
transfer to the Division of Criminal Justice Services in the	83890
Department of Public Safety.	83891

(C) On and after July 1, 2005, notwithstanding any provision	83892
of law to the contrary, the Director of Budget and Management is	83893
authorized to take the actions described in this section with	83894
respect to budget changes made necessary by administrative	83895
reorganization, program transfers, the creation of new funds, and	83896
the consolidation of funds as authorized by this act. The Director	83897
may make any transfer of cash balances between funds. At the	83898
request of the Director of Budget and Management, the	83899
administering agency head shall certify to the Director an	83900
estimate of the amount of the cash balance to be transferred to	83901
the receiving fund. The Director may transfer the estimated amount	83902
when needed to make payments. Not more than thirty days after	83903
certifying the estimated amount, the administering agency head	83904
shall certify the final amount to the Director. The Director shall	83905
transfer the difference between any amount previously transferred	83906
and the certified final amount. The Director may cancel	83907
encumbrances and re-establish encumbrances or parts of	83908
encumbrances as needed in fiscal year 2006 in the appropriate fund	83909
and appropriation item for the same purpose and to the same	83910
vendor. As determined by the Director, the appropriation authority	83911
necessary to re-establish those encumbrances in fiscal year 2006	83912
in a different fund or appropriation item within an agency or	83913
between agencies is hereby authorized. The Director shall reduce	83914
each year's appropriation balances by the amount of the	83915
encumbrances canceled in their respective funds and appropriation	83916
items. Any fiscal year 2005 unencumbered or unallocated	83917
appropriation balances may be transferred to the appropriate item	83918
to be used for the same purposes, as determined by the Director.	83919

(D) Any advisory committees appointed by the Governor to	83920
assist the Office of Criminal Justice Services pursuant to section	83921
181.53 and existing on June 30, 2005, shall continue to exist as	83922
advisory committees to the Division of Criminal Justice Services	83923
in the Department of Public Safety beginning on July 1, 2005,	83924
subject to section 121.13 of the Revised Code.	83925

TRANSFER OF FAMILY VIOLENCE PREVENTION CENTER

83926

The Family Violence Prevention Center is transferred from the	83927
Office of Criminal Justice Services to the Department of Public	83928
Safety. The Family Violence Prevention Center shall operate as	83929
part of the Division of Criminal Justice Services in the	83930
Department of Public Safety in the same manner as it operated	83931
under the Office of Criminal Justice Services.	83932

STATE FIRE MARSHAL'S FUND CASH TRANSFERS FOR PUBLIC SAFETY	83933
SERVICES	83934

Notwithstanding section 3737.71 of the Revised Code, in	83935
fiscal year 2006, the Director of Budget and Management shall	83936
transfer $375,000 in cash from the Department of Commerce's State	83937
Fire Marshal's Fund (Fund 546) to the Department of Public	83938
Safety's Public Safety Services Fund (Fund 5CC), which is hereby	83939
created in the state treasury, and in fiscal year 2007, the	83940
Director of Budget and Management shall transfer $325,000 in cash	83941
from the Department of Commerce's State Fire Marshal's Fund (Fund	83942
546) to the Department of Public Safety's Public Safety Services	83943
Fund (Fund 5CC).	83944

Of the foregoing appropriation item 768-607, Public Safety	83945
Services, $100,000 in fiscal year 2006 and $200,000 in fiscal year	83946
2007 shall be distributed by the Department of Public Safety's	83947
Division of Criminal Justice Services to the City of Warren to	83948
assist the city in providing essential public safety services to	83949
its citizens.	83950

Of the foregoing appropriation item 768-607, Public Safety	83951
Services, $125,000 in each fiscal year shall be distributed by the	83952
Department of Public Safety's Division of Criminal Justice	83953
Services directly to the Southern Ohio Drug Task Force.	83954

Of the foregoing appropriation item 768-607, Public Safety	83955
Services, $150,000 in fiscal year 2006 shall be distributed by the	83956
Department of Public Safety's Division of Criminal Justice	83957
Services to the City of Eastlake to assist the city in providing	83958
essential public safety services to its citizens.	83959

Section 209.54. PUC PUBLIC UTILITIES COMMISSION OF OHIO

83960

General Services Fund Group

83961

5F6	870-622	Utility and Railroad Regulation	$	31,272,222	$	31,272,223	83962
5F6	870-624	NARUC/NRRI Subsidy	$	167,233	$	167,233	83963
5F6	870-625	Motor Transportation Regulation	$	5,361,239	$	5,361,238	83964
TOTAL GSF General Services							83965
Fund Group			$	36,800,694	$	36,800,694	83966

Federal Special Revenue Fund Group

83967

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	300,000	$	300,000	83968
333	870-601	Gas Pipeline Safety	$	597,957	$	597,957	83969
350	870-608	Motor Carrier Safety	$	7,027,712	$	7,027,712	83970
TOTAL FED Federal Special Revenue							83971
Fund Group			$	7,925,669	$	7,925,669	83972

State Special Revenue Fund Group

83973

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	83974
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	83975
4S6	870-618	Hazardous Material Registration	$	464,325	$	464,325	83976
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	83977
4U8	870-620	Civil Forfeitures	$	284,986	$	284,986	83978
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	83979
560	870-607	Special Assessment	$	100,000	$	100,000	83980
561	870-606	Power Siting Board	$	337,210	$	337,210	83981
638	870-611	Biomass Energy Program	$	40,000	$	40,000	83982
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	83983
TOTAL SSR State Special Revenue							83984
Fund Group			$	4,041,245	$	4,041,245	83985

Agency Fund Group

83986

4G4	870-616	Base State Registration Program	$	5,600,000	$	5,600,000	83987
TOTAL AGY Agency Fund Group			$	5,600,000	$	5,600,000	83988
TOTAL ALL BUDGET FUND GROUPS			$	54,367,608	$	54,367,608	83989

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

83990

The Commercial Vehicle Information Systems and Networks Fund	83991
is hereby created in the state treasury. The fund shall receive	83992
funding from the United States Department of Transportation's	83993
Commercial Vehicle Intelligent Transportation System	83994
Infrastructure Deployment Program and shall be used to deploy the	83995
Ohio Commercial Vehicle Information Systems and Networks Project	83996
and to expedite and improve the safety of motor carrier operations	83997
through electronic exchange of data by means of on-highway	83998
electronic systems.	83999

Section 209.57. PWC PUBLIC WORKS COMMISSION

84000

General Revenue Fund

84001

GRF	150-904	Conservation General Obligation Debt Service	$	13,687,300	$	17,168,800	84002
GRF	150-907	State Capital Improvements	$	160,731,400	$	172,145,100	84003
		General Obligation Debt Service					84004
TOTAL GRF General Revenue Fund			$	174,418,700	$	189,313,900	84005

Clean Ohio Fund Group

84006

056	150-403	Clean Ohio Operating Expenses	$	298,245	$	311,509	84007
TOTAL 056 Clean Ohio Fund Group			$	298,245	$	311,509	84008
TOTAL ALL BUDGET FUND GROUPS			$	174,716,945	$	189,625,409	84009

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

84010

The foregoing appropriation item 150-904, Conservation	84011
General Obligation Debt Service, shall be used to pay all debt	84012
service and related financing costs at the times they are required	84013
to be made under sections 151.01 and 151.09 of the Revised Code	84014
during the period from July 1, 2005, to June 30, 2007. The Office	84015
of the Sinking Fund or the Director of Budget and Management shall	84016
effectuate the required payments by intrastate transfer voucher.	84017

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

84018

The foregoing appropriation item 150-907, State Capital	84019
Improvements General Obligation Debt Service, shall be used to pay	84020
all debt service and related financing costs at the times they are	84021
required to be made under sections 151.01 and 151.08 of the	84022
Revised Code during the period from July 1, 2005, to June 30,	84023
2007. The Office of the Sinking Fund or the Director of Budget and	84024
Management shall effectuate the required payments by intrastate	84025
transfer voucher.	84026

REIMBURSEMENT TO THE GENERAL REVENUE FUND

84027

(A) On or before June 1, 2007, the Director of the Public	84028
Works Commission shall certify to the Director of Budget and	84029
Management the following:	84030

(1) The total amount disbursed from appropriation item	84031
700-409, Farmland Preservation, during the 2005-2007 biennium; and	84032

(2) The amount of interest earnings that have been credited	84033
to the Clean Ohio Conservation Fund (Fund 056) that are in excess	84034
of the amount needed for other purposes as calculated by the	84035
Director of the Public Works Commission.	84036

(B) If the Director of Budget and Management determines under	84037
division (A)(2) of this section that there are excess interest	84038
earnings, the Director of Budget and Management shall, on or	84039
before June 1, 2007, transfer the excess interest earnings to the	84040
General Revenue Fund in an amount equal to the total amount	84041
disbursed under division (A)(1) of this section from the Clean	84042
Ohio Conservation Fund.	84043

CLEAN OHIO OPERATING EXPENSES

84044

The foregoing appropriation item 150-403, Clean Ohio	84045
Operating Expenses, shall be used by the Ohio Public Works	84046
Commission in administering sections 164.20 to 164.27 of the	84047
Revised Code.	84048

Section 209.60. RAC STATE RACING COMMISSION

84049

State Special Revenue Fund Group

84050

5C4	875-607	Simulcast Horse Racing Purse	$	17,061,489	$	17,063,948	84051
562	875-601	Thoroughbred Race Fund	$	4,642,378	$	4,642,378	84052
563	875-602	Standardbred Development Fund	$	3,161,675	$	3,161,675	84053
564	875-603	Quarterhorse Development Fund	$	2,000	$	2,000	84054
565	875-604	Racing Commission Operating	$	4,000,000	$	4,000,000	84055
TOTAL SSR State Special Revenue							84056
Fund Group			$	28,867,542	$	28,870,001	84057

Holding Account Redistribution Fund Group

84058

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	84059
TOTAL 090 Holding Account Redistribution							84060
Fund Group			$	212,900	$	212,900	84061
TOTAL ALL BUDGET FUND GROUPS			$	29,080,442	$	29,082,901	84062

Section 209.63. BOR BOARD OF REGENTS

84064

General Revenue Fund

84065

GRF	235-321	Operating Expenses	$	2,897,659	$	2,966,351	84066
GRF	235-401	Lease Rental Payments	$	200,619,200	$	200,795,300	84067
GRF	235-402	Sea Grants	$	231,925	$	231,925	84068
GRF	235-406	Articulation and Transfer	$	2,900,000	$	2,900,000	84069
GRF	235-408	Midwest Higher Education Compact	$	90,000	$	90,000	84070
GRF	235-409	Information System	$	1,146,510	$	1,175,172	84071
GRF	235-414	State Grants and Scholarship Administration	$	1,352,811	$	1,382,881	84072
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	84073
GRF	235-417	Ohio Learning Network	$	3,119,496	$	3,119,496	84074
GRF	235-418	Access Challenge	$	73,513,302	$	73,004,671	84075
GRF	235-420	Success Challenge	$	52,601,934	$	52,601,934	84076
GRF	235-428	Appalachian New Economy Partnership	$	1,176,068	$	1,176,068	84077
GRF	235-433	Economic Growth Challenge	$	20,343,097	$	23,186,194	84078
GRF	235-434	College Readiness and Access	$	6,375,975	$	7,655,425	84079
GRF	235-435	Teacher Improvement Initiatives	$	2,597,506	$	2,597,506	84080
GRF	235-451	Eminent Scholars	$	0	$	1,370,988	84081
GRF	235-455	EnterpriseOhio Network	$	1,373,941	$	1,373,941	84082
GRF	235-474	Area Health Education Centers Program Support	$	1,571,756	$	1,571,756	84083
GRF	235-501	State Share of Instruction	$	1,559,096,031	$	1,559,096,031	84084
GRF	235-502	Student Support Services	$	795,790	$	795,790	84085
GRF	235-503	Ohio Instructional Grants	$	121,151,870	$	92,496,969	84086
GRF	235-504	War Orphans Scholarships	$	4,672,321	$	4,672,321	84087
GRF	235-507	OhioLINK	$	6,887,824	$	6,887,824	84088
GRF	235-508	Air Force Institute of Technology	$	1,925,345	$	1,925,345	84089
GRF	235-510	Ohio Supercomputer Center	$	4,021,195	$	4,021,195	84090
GRF	235-511	Cooperative Extension Service	$	25,644,863	$	25,644,863	84091
GRF	235-513	Ohio University Voinovich Center	$	336,082	$	336,082	84092
GRF	235-515	Case Western Reserve University School of Medicine	$	3,011,271	$	3,011,271	84093
GRF	235-518	Capitol Scholarship Program	$	125,000	$	125,000	84094
GRF	235-520	Shawnee State Supplement	$	1,918,830	$	1,822,889	84095
GRF	235-521	The Ohio State University Glenn Institute	$	286,082	$	286,082	84096
GRF	235-524	Police and Fire Protection	$	171,959	$	171,959	84097
GRF	235-525	Geriatric Medicine	$	750,110	$	750,110	84098
GRF	235-527	Ohio Aerospace Institute	$	1,764,957	$	1,764,957	84099
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	84100
GRF	235-531	Student Choice Grants	$	50,853,276	$	52,985,376	84101
GRF	235-534	Student Workforce Development Grants	$	2,137,500	$	2,137,500	84102
GRF	235-535	Ohio Agricultural Research and Development Center	$	35,830,188	$	35,830,188	84103
GRF	235-543	Ohio College of Podiatric Medicine Clinic Subsidy	$	250,000	$	250,000	84104
GRF	525-547	School of International Business	$	250,000	$	250,000	84105
GRF	235-549	Part-time Student Instructional Grants	$	14,457,721	$	10,534,617	84106
GRF	235-552	Capital Component	$	19,058,863	$	19,058,863	84107
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,806,599	$	2,806,599	84108
GRF	235-554	Priorities in Collaborative Graduate Education	$	2,355,548	$	2,355,548	84109
GRF	235-555	Library Depositories	$	1,696,458	$	1,696,458	84110
GRF	235-556	Ohio Academic Resources Network	$	3,727,223	$	3,727,223	84111
GRF	235-558	Long-term Care Research	$	211,047	$	211,047	84112
GRF	235-560	Clinical Teaching Support	$	45,931,099	$	45,931,099	84113
GRF	235-561	Bowling Green State University Canadian Studies Center	$	100,015	$	100,015	84114
GRF	235-562	Family Practice and Primary Care Residencies	$	6,794,158	$	6,794,158	84115
GRF	235-563	Ohio College Opportunity Grant	$	0	$	58,144,139	84116
GRF	235-572	The Ohio State University Clinic Support	$	1,277,019	$	1,277,019	84117
GRF	235-583	Urban University Program	$	4,992,937	$	4,992,937	84118
GRF	235-587	Rural University Projects	$	1,147,889	$	1,147,889	84119
GRF	235-596	Hazardous Materials Program	$	360,435	$	360,435	84120
GRF	235-599	National Guard Scholarship Program	$	15,128,472	$	16,611,063	84121
GRF	235-909	Higher Education General Obligation Debt Service	$	137,600,300	$	152,114,100	84122
TOTAL GRF General Revenue Fund			$	2,468,585,757	$	2,517,472,869	84123

General Services Fund Group

84124

220	235-614	Program Approval and Reauthorization	$	400,000	$	400,000	84125
456	235-603	Sales and Services	$	700,000	$	900,000	84126
TOTAL GSF General Services							84127
Fund Group			$	1,100,000	$	1,300,000	84128

Federal Special Revenue Fund Group

84129

3H2	235-608	Human Services Project	$	1,500,000	$	1,500,000	84130
3H2	235-622	Medical Collaboration Network	$	3,346,143	$	3,346,143	84131
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	84132
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	150,001	$	150,001	84133
312	235-609	Tech Prep	$	183,850	$	183,850	84134
312	235-611	Gear-up Grant	$	1,370,691	$	1,370,691	84135
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	84136
312	235-615	Professional Development	$	523,129	$	523,129	84137
312	235-617	Improving Teacher Quality Grant	$	2,900,000	$	2,900,000	84138
312	235-619	Ohio Supercomputer Center	$	6,000,000	$	6,000,000	84139
312	235-621	Science Education Network	$	1,686,970	$	1,686,970	84140
312	235-631	Federal Grants	$	250,590	$	250,590	84141
TOTAL FED Federal Special Revenue							84142
Fund Group			$	20,221,014	$	20,221,014	84143

State Special Revenue Fund Group

84144

4E8	235-602	Higher Educational Facility Commission Administration	$	55,000	$	55,000	84145
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	84146
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	84147
682	235-606	Nursing Loan Program	$	893,000	$	893,000	84148
TOTAL SSR State Special Revenue							84149
Fund Group			$	2,184,870	$	2,184,870	84150
TOTAL ALL BUDGET FUND GROUPS			$	2,492,091,641	$	2,541,178,753	84151

Section 209.63.03. OPERATING EXPENSES

84153

Of the foregoing appropriation item 235-321, Operating	84154
Expenses, up to $150,000 in each fiscal year shall be used in	84155
conjunction with funding provided in the Department of Education	84156
budget under appropriation item 200-427, Academic Standards, to	84157
create Ohio's Partnership for Continued Learning, in consultation	84158
with the Governor's Office. The Partnership, which replaces and	84159
broadens the former Joint Council of the Department of Education	84160
and the Board of Regents, shall advise and make recommendations to	84161
promote collaboration among relevant state entities in an effort	84162
to help local communities develop coherent and successful "P-16"	84163
learning systems. The Director of Budget and Management may	84164
transfer any unencumbered fiscal year 2006 balance to fiscal year	84165
2007 to support the activities of the Partnership.	84166

Section 209.63.06. LEASE RENTAL PAYMENTS

84167

The foregoing appropriation item 235-401, Lease Rental	84168
Payments, shall be used to meet all payments at the times they are	84169
required to be made during the period from July 1, 2005, to June	84170
30, 2007, by the Board of Regents under leases and agreements made	84171
under section 154.21 of the Revised Code, but limited to the	84172
aggregate amount of $401,414,500. Nothing in this act shall be	84173
deemed to contravene the obligation of the state to pay, without	84174
necessity for further appropriation, from the sources pledged	84175
thereto, the bond service charges on obligations issued pursuant	84176
to section 154.21 of the Revised Code.	84177

Section 209.63.09. SEA GRANTS

84178

The foregoing appropriation item 235-402, Sea Grants, shall	84179
be disbursed to the Ohio State University and shall be used to	84180
conduct research on fish in Lake Erie.	84181

Section 209.63.12. ARTICULATION AND TRANSFER

84182

The foregoing appropriation item 235-406, Articulation and	84183
Transfer, shall be used by the Board of Regents to maintain and	84184
expand the work of the Articulation and Transfer Council to	84185
develop a system of transfer policies to ensure that students at	84186
state institutions of higher education can transfer and have	84187
coursework apply to their majors and degrees at any other state	84188
institution of higher education without unnecessary duplication or	84189
institutional barriers under sections 3333.16, 3333.161, and	84190
3333.162 of the Revised Code.	84191

Of the foregoing appropriation item 235-406, Articulation and	84192
Transfer, $200,000 in each fiscal year shall be used to support	84193
the work of the Articulation and Transfer Council under division	84194
(B) of section 3333.162 of the Revised Code.	84195

Section 209.63.15. MIDWEST HIGHER EDUCATION COMPACT

84196

The foregoing appropriation item 235-408, Midwest Higher	84197
Education Compact, shall be distributed by the Board of Regents	84198
under section 3333.40 of the Revised Code.	84199

Section 209.63.18. INFORMATION SYSTEM

84200

The foregoing appropriation item 235-409, Information System,	84201
shall be used by the Board of Regents to operate the higher	84202
education information data system known as the Higher Education	84203
Information System.	84204

Section 209.63.21. STATE GRANTS AND SCHOLARSHIP	84205
ADMINISTRATION	84206

The foregoing appropriation item 235-414, State Grants and	84207
Scholarship Administration, shall be used by the Board of Regents	84208
to administer the following student financial aid programs: Ohio	84209
Instructional Grant, Part-time Student Instructional Grant, Ohio	84210
College Opportunity Grant, Ohio Student Choice Grant, Ohio	84211
Academic Scholarship, Ohio War Orphans' Scholarship, Nurse	84212
Education Assistance Loan Program, Student Workforce Development	84213
Grant, Regents Graduate/Professional Fellowship, Ohio Safety	84214
Officers College Memorial Fund, Capitol Scholarship Program, and	84215
any other student financial aid programs created by the General	84216
Assembly. The appropriation item also shall be used to administer	84217
the federal Leveraging Educational Assistance Partnership (LEAP)	84218
and Special Leveraging Educational Assistance Partnership (SLEAP)	84219
programs and other student financial aid programs created by	84220
Congress and to provide fiscal services for the Ohio National	84221
Guard Scholarship Program and the Physician Loan Repayment	84222
Program.	84223

Section 209.63.24. JOBS CHALLENGE

84224

Funds appropriated to the foregoing appropriation item	84225
235-415, Jobs Challenge, shall be distributed to state-assisted	84226
community and technical colleges, regional campuses of	84227
state-assisted universities, and other organizationally distinct	84228
and identifiable member campuses of the EnterpriseOhio Network in	84229
support of noncredit job-related training. In each fiscal year,	84230
$2,770,773 shall be distributed as performance grants to	84231
EnterpriseOhio Network campuses based upon each campus's	84232
documented performance according to criteria established by the	84233
Board of Regents for increasing training and related services to	84234
businesses, industries, and public sector organizations.	84235

Of the foregoing appropriation item 235-415, Jobs Challenge,	84236
$2,819,345 in each fiscal year shall be allocated to the Targeted	84237
Industries Training Grant Program to attract, develop, and retain	84238
business and industry strategically important to the state's	84239
economy.	84240

Also, in each fiscal year, $3,758,182 shall be allocated to	84241
the Higher Skills Incentives Program to promote and deliver	84242
coordinated, comprehensive training to local employers and to	84243
reward EnterpriseOhio Network campuses for increasing the amount	84244
of non-credit skill upgrading services provided to Ohio employers	84245
and employees. The funds shall be distributed to campuses in	84246
proportion to each campus's share of noncredit job-related	84247
training revenues received by all campuses for the previous fiscal	84248
year. It is the intent of the General Assembly that this Higher	84249
Skills Incentives component of the Jobs Challenge Program reward	84250
campus noncredit job-related training efforts in the same manner	84251
that the Research Challenge Program rewards campuses for their	84252
ability to obtain sponsored research revenues.	84253

Section 209.63.27. OHIO LEARNING NETWORK

84254

The foregoing appropriation item 235-417, Ohio Learning	84255
Network, shall be used by the Board of Regents to support the	84256
continued implementation of the Ohio Learning Network, a statewide	84257
electronic collaborative effort designed to promote degree	84258
completion of students, workforce training of employees, and	84259
professional development through the use of advanced	84260
telecommunications and distance education initiatives.	84261

Section 209.63.30. ACCESS CHALLENGE

84262

In each fiscal year, the foregoing appropriation item	84263
235-418, Access Challenge, shall be distributed to Ohio's	84264
state-assisted access colleges and universities. For the purposes	84265
of this allocation, "access campuses" includes state-assisted	84266
community colleges, state community colleges, technical colleges,	84267
Shawnee State University, Central State University, Cleveland	84268
State University, the regional campuses of state-assisted	84269
universities, and, where they are organizationally distinct and	84270
identifiable, the community-technical colleges located at the	84271
University of Cincinnati, Youngstown State University, and the	84272
University of Akron.	84273

The purpose of Access Challenge is to reduce the student	84274
share of costs for resident undergraduates enrolled in lower	84275
division undergraduate courses at Ohio's access campuses. The	84276
long-term goal is to make the student share of costs for these	84277
students equivalent to the student share of costs for resident	84278
undergraduate students enrolled throughout Ohio's public colleges	84279
and universities. Access Challenge appropriations shall be used in	84280
both years of the biennium to sustain, as much as possible, the	84281
tuition restraint or tuition reduction that was achieved with	84282
Access Challenge allocations in prior years.	84283

In fiscal year 2006, Access Challenge subsidies shall be	84284
distributed by the Board of Regents to eligible access campuses on	84285
the basis of the average of each campus's share of fiscal year	84286
2003 and 2004 all-terms subsidy-eligible General Studies FTEs. In	84287
fiscal year 2007, Access Challenge subsidies shall be distributed	84288
by the Board of Regents to eligible access campuses on the basis	84289
of the average of each campus's share of fiscal year 2004 and 2005	84290
all-terms subsidy-eligible General Studies FTEs.	84291

For purposes of this calculation, Cleveland State	84292
University's enrollments shall be adjusted by the ratio of the sum	84293
of subsidy-eligible lower-division FTE student enrollments	84294
eligible for access funding to the sum of subsidy-eligible General	84295
Studies FTE student enrollments at Central State University and	84296
Shawnee State University, and for the following universities and	84297
their regional campuses: the Ohio State University, Ohio	84298
University, Kent State University, Bowling Green State University,	84299
Miami University, the University of Cincinnati, the University of	84300
Akron, and Wright State University.	84301

Of the foregoing appropriation item 235-420, Access	84302
Challenge, $10,172,626 in fiscal year 2006 and $9,663,995 in	84303
fiscal year 2007 shall be used by Central State University to keep	84304
undergraduate fees below the statewide average, consistent with	84305
its mission of service to many first-generation college students	84306
from groups historically underrepresented in higher education and	84307
from families with limited incomes.	84308

Section 209.63.33. SUCCESS CHALLENGE

84309

The foregoing appropriation item 235-420, Success Challenge,	84310
shall be used by the Board of Regents to promote degree completion	84311
by students enrolled at a main campus of a state-assisted	84312
university.	84313

Of the foregoing appropriation item 235-420, Success	84314
Challenge, 66.67 per cent of the appropriation in each fiscal year	84315
shall be distributed to state-assisted university main campuses in	84316
proportion to each campus's share of the total statewide	84317
bachelor's degrees granted by university main campuses to	84318
"at-risk" students. In fiscal years 2006 and 2007, an "at-risk"	84319
student means any undergraduate student who was eligible to	84320
receive an Ohio need-based financial aid award during the past ten	84321
years. An eligible institution shall not receive its share of this	84322
distribution until it has submitted a plan that addresses how the	84323
subsidy will be used to better serve at-risk students and increase	84324
their likelihood of successful completion of a bachelor's degree	84325
program. The Board of Regents shall disseminate to all	84326
state-supported institutions of higher education all such plans	84327
submitted by institutions that received Success Challenge funds.	84328

Of the foregoing appropriation item 235-420, Success	84329
Challenge, 33.33 per cent of the appropriation in each fiscal year	84330
shall be distributed to university main campuses in proportion to	84331
each campus's share of the total bachelor's degrees granted by	84332
university main campuses to undergraduate students who completed	84333
their bachelor's degrees in a "timely manner" in the previous	84334
fiscal year. For purposes of this section, "timely manner" means	84335
the normal time it would take for a full-time degree-seeking	84336
undergraduate student to complete the student's degree. Generally,	84337
for such students pursuing a bachelor's degree, "timely manner"	84338
means four years. Exceptions to this general rule shall be	84339
permitted for students enrolled in programs specifically designed	84340
to be completed in a longer time period. The Board of Regents	84341
shall collect data to assess the timely completion statistics by	84342
university main campuses.	84343

Section 209.63.36. APPALACHIAN NEW ECONOMY PARTNERSHIP

84344

The foregoing appropriation item 235-428, Appalachian New	84345
Economy Partnership, shall be distributed to Ohio University to	84346
continue a multi-campus and multi-agency coordinated effort to	84347
link Appalachia to the new economy. Ohio University shall use	84348
these funds to provide leadership in the development and	84349
implementation of initiatives in the areas of entrepreneurship,	84350
management, education, and technology.	84351

Section 209.63.39. ECONOMIC GROWTH CHALLENGE

84352

The foregoing appropriation item 235-433, Economic Growth	84353
Challenge, shall be used to enhance the basic research	84354
capabilities of Ohio's public and private institutions of higher	84355
education, support improved graduate programs throughout the	84356
state, and promote the transfer of technology developed by	84357
colleges and universities to private industry to further the	84358
economic goals of the state.	84359

Of the foregoing appropriation item 235-433, Economic Growth	84360
Challenge, $18,000,000 in each fiscal year shall be used for the	84361
Research Incentive Program to enhance the basic research	84362
capabilities of public colleges and universities and accredited	84363
Ohio institutions of higher education holding certificates of	84364
authorization issued under section 1713.02 of the Revised Code, in	84365
order to strengthen academic research for pursuing Ohio's economic	84366
development goals. The Board of Regents, in consultation with the	84367
colleges and universities, shall administer the Research Incentive	84368
Program and utilize a means of matching, on a fractional basis,	84369
external funds attracted in the previous year by institutions for	84370
basic research. The program may include incentives for increasing	84371
the amount of external research funds coming to eligible	84372
institutions and for focusing research efforts upon critical state	84373
needs. Colleges and universities shall submit for review and	84374
approval to the Board of Regents plans for the institutional	84375
allocation of state dollars received through the program. The	84376
institutional plans shall provide the rationale for the allocation	84377
in terms of the strategic targeting of funds for academic and	84378
state purposes, for strengthening research programs, for	84379
increasing the amount of external research funds, and shall	84380
include an evaluation process to provide results of the increased	84381
support. Institutional plans for the use of Research Incentive	84382
funding must demonstrate a significant investment in Third	84383
Frontier activities funded at the institution. For a college or	84384
university with multiple Third Frontier grants, as much as ten per	84385
cent of that institution's Research Incentive funding may be	84386
invested in Third Frontier Project-related activities. Each	84387
institutional plan for the investment of Research Incentive moneys	84388
shall report on existing, planned, or possible relationships with	84389
other state science and technology programs and funding recipients	84390
in order to further ongoing statewide science and technology	84391
collaboration objectives. The Board of Regents shall submit a	84392
biennial report of progress to the General Assembly.	84393

In fiscal year 2006, each state-assisted doctoral	84394
degree-granting university and those accredited Ohio institutions	84395
of higher education holding certificates of authorization under	84396
section 1713.02 of the Revised Code electing to participate in the	84397
Innovation Incentive Program shall initiate a comprehensive	84398
Innovation Incentive Plan designed to enhance doctoral programs	84399
and areas of research that have the greatest potential to attract	84400
preeminent researchers and build research capacity; enhance	84401
regional or state economic growth by creating new products and	84402
services to be commercialized; and complement Ohio's Third	84403
Frontier Project.	84404

Funding for the Innovation Incentive Program shall be	84405
generated from those state-assisted universities electing to set	84406
aside a portion of their allocation of the current doctoral	84407
reserve as provided in appropriation item 235-501, State Share of	84408
Instruction, and state matching funds provided in appropriation	84409
item 235-433, Economic Growth Challenge. Additionally, those	84410
accredited Ohio institutions of higher education holding	84411
certificates of authorization under section 1713.02 of the Revised	84412
Code electing to participate in the Innovation Incentive Program	84413
shall be required to set aside an amount comparable to the	84414
state-assisted universities. The criteria for the determination of	84415
this amount shall be developed by the Board of Regents.	84416

Of the foregoing appropriation item 235-433, Economic Growth	84417
Challenge, $2,343,097 in fiscal year 2006 and $4,686,194 in fiscal	84418
year 2007 shall match funds set aside by the state-assisted	84419
universities for the Innovation Incentive Program. The set aside	84420
begins in fiscal year 2006 and is intended to increase	84421
incrementally over a period of ten years with the goal of setting	84422
aside a total of fifteen per cent of the doctoral reserve from	84423
appropriation item 235-501, State Share of Instruction, by 2016.	84424

The Board of Regents shall use the combined amount of each	84425
participating state-assisted university's set aside of the	84426
doctoral reserve that has been withheld, the state matching funds	84427
earmarked under appropriation item 235-433, Economic Growth	84428
Challenge, and the amount set aside by each accredited Ohio	84429
institution of higher education holding a certificate of	84430
authorization under section 1713.02 of the Revised Code electing	84431
to participate in the Innovation Incentive Program to make awards	84432
through a competitive process under the Innovation Incentive	84433
Program. Only universities electing to set aside the prescribed	84434
amount shall be eligible to compete for and receive Innovation	84435
Incentive awards. The participating universities shall use these	84436
awards to restructure their array of doctoral programs.	84437

Of the foregoing appropriation item 235-433, Economic Growth	84438
Challenge, $500,000 in fiscal year 2007 shall be distributed for	84439
the Technology Commercialization Incentive. The purpose of the	84440
Technology Commercialization Incentive is to reward public and	84441
private colleges and universities for successful technology	84442
transfer to Ohio-based business and industry resulting in the	84443
commercialization of new products, processes, and services and the	84444
establishment of new business start-ups within the state. The	84445
Third Frontier Commission, with counsel from the Third Frontier	84446
Advisory Board, shall establish the eligibility criteria for	84447
public and private colleges and universities interested in	84448
applying for Technology Commercialization Incentive funding. To	84449
qualify for the funds, public and private colleges and	84450
universities must maintain a significant investment in their own	84451
technology-transfer and commercialization operation and	84452
capabilities, and possess a significant history of successful	84453
research partnerships with Ohio-based business and industry.	84454

Section 209.63.42. COLLEGE READINESS AND ACCESS

84455

Appropriation item 235-434, College Readiness and Access,	84456
shall be used by the Board of Regents to support programs designed	84457
to improve the academic preparation and increase the number of	84458
students that enroll and succeed in higher education such as the	84459
Ohio College Access Network, the state match for the federal	84460
Gaining Early Awareness and Readiness for Undergraduate Program,	84461
and early awareness initiatives. The appropriation item shall also	84462
be used to support innovative statewide strategies to increase	84463
student access and retention for specialized populations, and to	84464
provide for pilot projects that will contribute to improving	84465
access to higher education by specialized populations. The funds	84466
may be used for projects that improve access for nonpublic	84467
secondary students.	84468

Of the foregoing appropriation item 235-434, College	84469
Readiness and Access, $798,684 in fiscal year 2006 and $822,645 in	84470
fiscal year 2007 shall be distributed to the Ohio Appalachian	84471
Center for Higher Education at Shawnee State University. The board	84472
of directors of the Center shall consist of the presidents of	84473
Shawnee State University, Ohio University, Belmont Technical	84474
College, Hocking College, Jefferson Community College, Zane State	84475
College, Rio Grande Community College, Southern State Community	84476
College, and Washington State Community College; the dean of one	84477
of the Salem, Tuscarawas, and East Liverpool regional campuses of	84478
Kent State University, as designated by the president of Kent	84479
State University; and a representative of the Board of Regents	84480
designated by the Chancellor.	84481

Of the foregoing appropriation item 235-434, College	84482
Readiness and Access, $169,553 in fiscal year 2006 and $174,640 in	84483
fiscal year 2007 shall be distributed to Miami University for the	84484
Student Achievement in Research and Scholarship (STARS) Program.	84485

Of the foregoing appropriation item 235-434, College	84486
Readiness and Access, $1,574,535 in fiscal year 2006 and	84487
$2,753,985 in fiscal year 2007 shall be used in conjunction with	84488
funding provided in the Ohio Department of Education budget under	84489
appropriation item 200-431, School Improvement Initiatives, to	84490
support the Early College High School Pilot Program.	84491

Section 209.63.45. TEACHER IMPROVEMENT INITIATIVES

84492

Appropriation item 235-435, Teacher Improvement Initiatives,	84493
shall be used by the Board of Regents to support programs such as	84494
OSI - Discovery and the Centers of Excellence in Mathematics and	84495
Science designed to raise the quality of mathematics and science	84496
teaching in primary and secondary education.	84497

Of the foregoing appropriation item 235-435, Teacher	84498
Improvement Initiatives, $204,049 in each fiscal year shall be	84499
distributed to the Mathematics and Science Center in Lake County.	84500

Of the foregoing appropriation item 235-435, Teacher	84501
Improvement Initiatives, $81,619 in each fiscal year shall be	84502
distributed to the Ohio Mathematics and Science Coalition.	84503

Of the foregoing appropriation item 234-435, Teacher	84504
Improvement Initiatives, $100,000 in each fiscal year shall be	84505
distributed to the Teacher Quality Partnerships study.	84506

Of the foregoing appropriation item 235-435, Teacher	84507
Improvement Initiatives, $799,871 in each fiscal year shall be	84508
distributed to the Ohio Resource Center for Mathematics, Science,	84509
and Reading. The funds shall be used to support a resource center	84510
for mathematics, science, and reading to be located at a	84511
state-assisted university for the purpose of identifying best	84512
educational practices in primary and secondary schools and	84513
establishing methods for communicating them to colleges of	84514
education and school districts. The Ohio Resource Center for	84515
Mathematics, Science, and Reading shall not make available	84516
resources that are inconsistent with the K-12 science standards	84517
and policies as adopted by the State Board of Education.	84518

Section 209.63.48. EMINENT SCHOLARS

84519

The foregoing appropriation item 235-451, Eminent Scholars,	84520
shall be used by the Ohio Board of Regents to continue the Ohio	84521
Eminent Scholars Program, the purpose of which is to invest	84522
educational resources to address problems that are of vital	84523
statewide significance while fostering the growth in eminence of	84524
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	84525
shall allow Ohio universities to recruit senior faculty members	84526
from outside Ohio who are nationally and internationally	84527
recognized scholars in areas of science and technology that	84528
provide the basic research platforms on which the state's	84529
technology and commercialization efforts are built. Endowment	84530
grants of approximately $685,494 to state colleges and	84531
universities and nonprofit Ohio institutions of higher education	84532
holding certificates of authorization issued under section 1713.02	84533
of the Revised Code to match endowment gifts from nonstate sources	84534
may be made in accordance with a plan established by the Ohio	84535
Board of Regents. Matching nonstate endowment gifts shall be equal	84536
to the state's endowment grant of approximately $685,494. The	84537
grants shall have as their purpose attracting and sustaining in	84538
Ohio scholar-leaders of national or international prominence; each	84539
grant shall assist in accelerating state economic growth through	84540
research that provides an essential basic science platform for	84541
commercialization efforts. Such scholar-leaders shall, among their	84542
duties, share broadly the benefits and knowledge unique to their	84543
fields of scholarship to the betterment of Ohio and its people and	84544
collaborate with other state technology programs and program	84545
recipients.	84546

All new Eminent Scholar awards made by the Board of Regents	84547
shall be associated with a Wright Center of Innovation, a	84548
Partnership Award from the Biomedical Research and Technology	84549
Transfer Trust Fund, or a Wright Capital Project.	84550

Section 209.63.51. ENTERPRISEOHIO NETWORK

84551

The foregoing appropriation item 235-455, EnterpriseOhio	84552
Network, shall be allocated by the Board of Regents to continue	84553
increasing the capabilities of the EnterpriseOhio Network to meet	84554
the ongoing training needs of Ohio employers. Funds shall support	84555
multicampus collaboration, best practice dissemination, and	84556
capacity building projects. The Regents Advisory Committee for	84557
Workforce Development, in its advisory role, shall advise in the	84558
development of plans and activities.	84559

Of the foregoing appropriation item 235-455, EnterpriseOhio	84560
Network, $165,300 in each fiscal year shall be used by the Dayton	84561
Business/Sinclair College Jobs Profiling Program.	84562

Section 209.63.54. AREA HEALTH EDUCATION CENTERS

84563

The foregoing appropriation item 235-474, Area Health	84564
Education Centers Program Support, shall be used by the Board of	84565
Regents to support the medical school regional area health	84566
education centers' educational programs for the continued support	84567
of medical and other health professions education and for support	84568
of the Area Health Education Center Program.	84569

Of the foregoing appropriation item 235-474, Area Health	84570
Education Centers Program Support, $159,158 in each fiscal year	84571
shall be disbursed to the Ohio University College of Osteopathic	84572
Medicine to operate a mobile health care unit to serve the	84573
southeastern area of the state.	84574

Of the foregoing appropriation item 235-474, Area Health	84575
Education Centers Program Support, $119,369 in each fiscal year	84576
shall be used to support the Ohio Valley Community Health	84577
Information Network (OVCHIN) project.	84578

Section 209.63.57. STATE SHARE OF INSTRUCTION

84579

As soon as practicable during each fiscal year of the	84580
biennium ending June 30, 2007, in accordance with instructions of	84581
the Board of Regents, each state-assisted institution of higher	84582
education shall report its actual enrollment to the Board of	84583
Regents.	84584

The Board of Regents shall establish procedures required by	84585
the system of formulas set out below and for the assignment of	84586
individual institutions to categories described in the formulas.	84587
The system of formulas establishes the manner in which aggregate	84588
expenditure requirements shall be determined for each of the three	84589
components of institutional operations. In addition to other	84590
adjustments and calculations described below, the subsidy	84591
entitlement of an institution shall be determined by subtracting	84592
from the institution's aggregate expenditure requirements income	84593
to be derived from the local contributions assumed in calculating	84594
the subsidy entitlements. The local contributions for purposes of	84595
determining subsidy support shall not limit the authority of the	84596
individual boards of trustees to establish fee levels.	84597

The General Studies and Technical models shall be adjusted by	84598
the Board of Regents so that the share of state subsidy earned by	84599
those models is not altered by changes in the overall local share.	84600
A lower-division fee differential shall be used to maintain the	84601
relationship that would have occurred between these models and the	84602
baccalaureate models had an assumed share of 37.5 per cent been	84603
funded.	84604

In defining the number of full-time equivalent (FTE) students	84605
for state subsidy purposes, the Board of Regents shall exclude all	84606
undergraduate students who are not residents of Ohio, except those	84607
charged in-state fees in accordance with reciprocity agreements	84608
made under section 3333.17 of the Revised Code or employer	84609
contracts entered into under section 3333.32 of the Revised Code.	84610

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

84611

(1) INSTRUCTION AND SUPPORT SERVICES

84612

MODEL	FY 2006	FY 2007	84613
General Studies I	$ 4,655	$ 4,655	84614
General Studies II	$ 5,135	$ 5,135	84615
General Studies III	$ 6,365	$ 6,365	84616
Technical I	$ 5,926	$ 5,926	84617
Technical III	$ 9,107	$ 9,107	84618
Baccalaureate I	$ 7,160	$ 7,160	84619
Baccalaureate II	$ 8,235	$ 8,235	84620
Baccalaureate III	$ 11,841	$ 11,841	84621
Masters and Professional I	$ 19,088	$ 19,088	84622
Masters and Professional II	$ 20,984	$ 20,984	84623
Masters and Professional III	$ 27,234	$ 27,234	84624
Medical I	$ 29,143	$ 29,143	84625
Medical II	$ 37,172	$ 37,172	84626
MPD I	$ 13,645	$ 13,645	84627

(2) STUDENT SERVICES

84628

For this purpose, FTE counts shall be weighted to reflect	84629
differences among institutions in the numbers of students enrolled	84630
on a part-time basis. The student services subsidy per FTE shall	84631
be $890 in each fiscal year for all models.	84632

(B) PLANT OPERATION AND MAINTENANCE (POM)

84633

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

84634

Space undergoing renovation shall be funded at the rate	84635
allowed for storage space.	84636

In the calculation of square footage for each campus, square	84637
footage shall be weighted to reflect differences in space	84638
utilization.	84639

The space inventories for each campus shall be those	84640
determined in the fiscal year 2003 state share of instruction	84641
calculation, adjusted for changes attributable to the construction	84642
or renovation of facilities for which state appropriations were	84643
made or local commitments were made prior to January 1, 1995.	84644

Only 50 per cent of the space permanently taken out of	84645
operation in fiscal year 2006 or fiscal year 2007 that is not	84646
otherwise replaced by a campus shall be deleted from the plant	84647
operation and maintenance space inventory.	84648

The square-foot-based plant operation and maintenance subsidy	84649
for each campus shall be determined as follows:	84650

(a) For each standard room type category shown below, the	84651
subsidy-eligible net assignable square feet (NASF) for each campus	84652
shall be multiplied by the following rates, and the amounts summed	84653
for each campus to determine the total gross square-foot-based POM	84654
expenditure requirement:	84655

	FY 2006	FY 2007	84656
Classrooms	$5.86	$5.86	84657
Laboratories	$7.31	$7.31	84658
Offices	$5.86	$5.86	84659
Audio Visual Data Processing	$7.31	$7.31	84660
Storage	$2.59	$2.59	84661
Circulation	$7.39	$7.39	84662
Other	$5.86	$5.86	84663

(b) The total gross square-foot POM expenditure requirement	84664
shall be allocated to models in proportion to each campus's	84665
activity-based POM weight multiplied by the two- or five-year	84666
average subsidy-eligible FTEs for all models.	84667

(c) The amounts allocated to models in division (B)(1)(b) of	84668
this section shall be multiplied by the ratio of subsidy-eligible	84669
FTE students to total FTE students reported in each model, and the	84670
amounts summed for all models. To this total amount shall be added	84671
an amount to support roads and grounds expenditures, which shall	84672
also be multiplied by the ratio of subsidy-eligible FTE students	84673
to total FTEs reported for each model. From this total amount, the	84674
amounts for Doctoral I and Doctoral II shall be subtracted to	84675
produce the square-foot-based POM subsidy.	84676

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

84677

(a) The number of subsidy-eligible FTE students in each model	84678
shall be multiplied by the following rates for each campus for	84679
each fiscal year.	84680

	FY 2006	FY 2007	84681
General Studies I	$ 512	$ 512	84682
General Studies II	$ 662	$ 662	84683
General Studies III	$1,464	$1,464	84684
Technical I	$ 752	$ 752	84685
Technical III	$1,343	$1,343	84686
Baccalaureate I	$ 639	$ 639	84687
Baccalaureate II	$1,149	$1,149	84688
Baccalaureate III	$1,262	$1,262	84689
Masters and Professional I	$1,258	$1,258	84690
Masters and Professional II	$2,446	$2,446	84691
Masters and Professional III	$3,276	$3,276	84692
Medical I	$1,967	$1,967	84693
Medical II	$3,908	$3,908	84694
MPD I	$1,081	$1,081	84695

(b) The sum of the products for each campus determined in	84696
division (B)(2)(a) of this section for all models except Doctoral	84697
I and Doctoral II for each fiscal year shall be weighted by a	84698
factor to reflect sponsored research activity and job	84699
training-related public services expenditures to determine the	84700
total activity-based POM subsidy.	84701

84702

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

84703

The calculation of the core subsidy entitlement shall consist	84704
of the following components:	84705

(a) For each campus in each fiscal year, the core subsidy	84706
entitlement shall be determined by multiplying the amounts listed	84707
above in divisions (A)(1) and (2) and (B)(2) of this section less	84708
assumed local contributions, by (i) average subsidy-eligible FTEs	84709
for the two-year period ending in the prior year for all models	84710
except Doctoral I and Doctoral II; and (ii) average	84711
subsidy-eligible FTEs for the five-year period ending in the prior	84712
year for all models except Doctoral I and Doctoral II.	84713

(b) In calculating the core subsidy entitlements for Medical	84714
II models only, the Board of Regents shall use the following count	84715
of FTE students:	84716

(i) For those medical schools whose current year enrollment,	84717
including students repeating terms, is below the base enrollment,	84718
the Medical II FTE enrollment shall equal: 65 per cent of the base	84719
enrollment plus 35 per cent of the current year enrollment	84720
including students repeating terms, where the base enrollment is:	84721

The Ohio State University	1010	84722
University of Cincinnati	833	84723
Medical University of Ohio at Toledo	650	84724
Wright State University	433	84725
Ohio University	433	84726
Northeastern Ohio Universities College of Medicine	433	84727

(ii) For those medical schools whose current year enrollment,	84728
excluding students repeating terms, is equal to or greater than	84729
the base enrollment, the Medical II FTE enrollment shall equal the	84730
base enrollment plus the FTE for repeating students.	84731

(iii) Students repeating terms may be no more than five per	84732
cent of current year enrollment.	84733

(c) The Board of Regents shall compute the sum of the two	84734
calculations listed in division (C)(1)(a) of this section and use	84735
the greater sum as the core subsidy entitlement.	84736

The POM subsidy for each campus shall equal the greater of	84737
the square-foot-based subsidy or the activity-based POM subsidy	84738
component of the core subsidy entitlement.	84739

(d) The state share of instruction provided for doctoral	84740
students shall be based on a fixed percentage of the total	84741
appropriation. In each fiscal year of the biennium not more than	84742
10.34 per cent of the total state share of instruction shall be	84743
reserved to implement the recommendations of the Graduate Funding	84744
Commission. It is the intent of the General Assembly that the	84745
doctoral reserve not exceed 10.34 per cent of the total state	84746
share of instruction to implement the recommendations of the	84747
Graduate Funding Commission. The Board of Regents may reallocate	84748
up to two per cent in each fiscal year of the reserve among the	84749
state-assisted universities on the basis of a quality review as	84750
specified in the recommendations of the Graduate Funding	84751
Commission. No such reallocation shall occur unless the Board of	84752
Regents, in consultation with representatives of state-assisted	84753
universities, determines that sufficient funds are available for	84754
this purpose.	84755

The amount so reserved shall be allocated to universities in	84756
proportion to their share of the total number of Doctoral I	84757
equivalent FTEs as calculated on an institutional basis using the	84758
greater of the two-year or five-year FTEs for the period fiscal	84759
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	84760
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	84761
adjusted to reflect the effects of doctoral review and subsequent	84762
changes in Doctoral I equivalent enrollments. For the purposes of	84763
this calculation, Doctoral I equivalent FTEs shall equal the sum	84764
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	84765

If a university participates in the Innovation Incentive	84766
Program outlined in appropriation item 235-433, Economic Growth	84767
Challenge, then the Board of Regents shall withhold 1.5 per cent	84768
in fiscal year 2006 and three per cent in fiscal year 2007 of the	84769
participating university's allocation of the doctoral reserve.	84770
This withholding is intended to increase incrementally with a goal	84771
of setting aside 15 per cent of the total doctoral reserve by	84772
fiscal year 2016.	84773

The Board of Regents shall use the combined amount of each	84774
participating state-assisted university's set aside of the	84775
doctoral reserve that has been withheld, the state matching funds	84776
earmarked under appropriation item 235-433, Economic Growth	84777
Challenge, and the amount set aside by each accredited Ohio	84778
institution of higher education holding a certificate of	84779
authorization under section 1713.02 of the Revised Code electing	84780
to participate in the Innovation Incentive Program to make awards	84781
through a competitive process under the Innovation Incentive	84782
Program. Only universities electing to set aside the prescribed	84783
amount shall be eligible to compete for and receive Innovation	84784
Incentive awards. The participating universities shall use these	84785
awards to restructure their array of doctoral programs.	84786

(2) ANNUAL STATE SHARE OF INSTRUCTION FUNDING STOP LOSS

84787

In addition to and after the other adjustment noted above, in	84788
each fiscal year, no campus shall receive a state share of	84789
instruction allocation that is less than 97 per cent of the prior	84790
year's state share of instruction amount.	84791

(3) REDUCTIONS IN EARNINGS

84792

If the total state share of instruction earnings in any	84793
fiscal year exceeds the total appropriations available for such	84794
purposes, the Board of Regents shall proportionately reduce the	84795
state share of instruction earnings for all campuses by a uniform	84796
percentage so that the system wide sum equals available	84797
appropriations.	84798

(4) CAPITAL COMPONENT DEDUCTION

84799

After all other adjustments have been made, state share of	84800
instruction earnings shall be reduced for each campus by the	84801
amount, if any, by which debt service charged in Am. H.B. No. 748	84802
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	84803
General Assembly, Am. Sub. H.B. No. 640 of the 123rd General	84804
Assembly, and H.B. No. 675 of the 124th General Assembly, and Am.	84805
Sub. H.B. 16 of the 126th General Assembly for that campus exceeds	84806
that campus's capital component earnings. The sum of the amounts	84807
deducted shall be transferred to appropriation item 235-552,	84808
Capital Component, in each fiscal year.	84809

(D) EXCEPTIONAL CIRCUMSTANCES

84810

Adjustments may be made to the state share of instruction	84811
payments and other subsidies distributed by the Board of Regents	84812
to state-assisted colleges and universities for exceptional	84813
circumstances. No adjustments for exceptional circumstances may be	84814
made without the recommendation of the Chancellor and the approval	84815
of the Controlling Board.	84816

(E) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	84817
INSTRUCTION	84818

The standard provisions of the state share of instruction	84819
calculation as described in the preceding sections of temporary	84820
law shall apply to any reductions made to appropriation item	84821
235-501, State Share of Instruction, before the Board of Regents	84822
has formally approved the final allocation of the state share of	84823
instruction funds for any fiscal year.	84824

Any reductions made to appropriation item 235-501, State	84825
Share of Instruction, after the Board of Regents has formally	84826
approved the final allocation of the state share of instruction	84827
funds for any fiscal year, shall be uniformly applied to each	84828
campus in proportion to its share of the final allocation.	84829

(F) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

84830

The state share of instruction payments to the institutions	84831
shall be in substantially equal monthly amounts during the fiscal	84832
year, unless otherwise determined by the Director of Budget and	84833
Management pursuant to section 126.09 of the Revised Code.	84834
Payments during the first six months of the fiscal year shall be	84835
based upon the state share of instruction appropriation estimates	84836
made for the various institutions of higher education according to	84837
Board of Regents enrollment estimates. Payments during the last	84838
six months of the fiscal year shall be distributed after approval	84839
of the Controlling Board upon the request of the Board of Regents.	84840

(G) LAW SCHOOL SUBSIDY

84841

The state share of instruction to state-supported	84842
universities for students enrolled in law schools in fiscal year	84843
2006 and fiscal year 2007 shall be calculated by using the number	84844
of subsidy-eligible FTE law school students funded by state	84845
subsidy in fiscal year 1995 or the actual number of	84846
subsidy-eligible FTE law school students at the institution in the	84847
fiscal year, whichever is less.	84848

Section 209.63.60. HIGHER EDUCATION - BOARD OF TRUSTEES

84849

Funds appropriated for instructional subsidies at colleges	84850
and universities may be used to provide such branch or other	84851
off-campus undergraduate courses of study and such master's degree	84852
courses of study as may be approved by the Board of Regents.	84853

In providing instructional and other services to students,	84854
boards of trustees of state-assisted institutions of higher	84855
education shall supplement state subsidies by income from charges	84856
to students. Each board shall establish the fees to be charged to	84857
all students, including an instructional fee for educational and	84858
associated operational support of the institution and a general	84859
fee for noninstructional services, including locally financed	84860
student services facilities used for the benefit of enrolled	84861
students. The instructional fee and the general fee shall	84862
encompass all charges for services assessed uniformly to all	84863
enrolled students. Each board may also establish special purpose	84864
fees, service charges, and fines as required; such special purpose	84865
fees and service charges shall be for services or benefits	84866
furnished individual students or specific categories of students	84867
and shall not be applied uniformly to all enrolled students.	84868
Except for the board of trustees of Miami University, in	84869
implementing the pilot tuition restructuring plan recognized in	84870
Section 89.05 of Am. Sub. H.B. 95 of the 125th General Assembly	84871
and again recognized by this act, a tuition surcharge shall be	84872
paid by all students who are not residents of Ohio.	84873

The board of trustees of a state-assisted institution of	84874
higher education shall not authorize a waiver or nonpayment of	84875
instructional fees or general fees for any particular student or	84876
any class of students other than waivers specifically authorized	84877
by law or approved by the Chancellor. This prohibition is not	84878
intended to limit the authority of boards of trustees to provide	84879
for payments to students for services rendered the institution,	84880
nor to prohibit the budgeting of income for staff benefits or for	84881
student assistance in the form of payment of such instructional	84882
and general fees. This prohibition is not intended to limit the	84883
authority of the board of trustees of Miami University in	84884
providing financial assistance to students in implementing the	84885
pilot tuition restructuring plan recognized in Section 89.05 of	84886
Am. Sub. H.B. 95 of the 125th General Assembly and again	84887
recognized by this act.	84888

Except for Miami University, in implementing the pilot	84889
tuition restructuring plan recognized in Section 89.05 of Am. Sub.	84890
H.B. 95 of the 125th General Assembly and again recognized by this	84891
act, each state-assisted institution of higher education in its	84892
statement of charges to students shall separately identify the	84893
instructional fee, the general fee, the tuition charge, and the	84894
tuition surcharge. Fee charges to students for instruction shall	84895
not be considered to be a price of service but shall be considered	84896
to be an integral part of the state government financing program	84897
in support of higher educational opportunity for students.	84898

In providing the appropriations in support of instructional	84899
services at state-assisted institutions of higher education and	84900
the appropriations for other instruction it is the intent of the	84901
General Assembly that faculty members shall devote a proper and	84902
judicious part of their work week to the actual instruction of	84903
students. Total class credit hours of production per quarter per	84904
full-time faculty member is expected to meet the standards set	84905
forth in the budget data submitted by the Board of Regents.	84906

The authority of government vested by law in the boards of	84907
trustees of state-assisted institutions of higher education shall	84908
in fact be exercised by those boards. Boards of trustees may	84909
consult extensively with appropriate student and faculty groups.	84910
Administrative decisions about the utilization of available	84911
resources, about organizational structure, about disciplinary	84912
procedure, about the operation and staffing of all auxiliary	84913
facilities, and about administrative personnel shall be the	84914
exclusive prerogative of boards of trustees. Any delegation of	84915
authority by a board of trustees in other areas of responsibility	84916
shall be accompanied by appropriate standards of guidance	84917
concerning expected objectives in the exercise of such delegated	84918
authority and shall be accompanied by periodic review of the	84919
exercise of this delegated authority to the end that the public	84920
interest, in contrast to any institutional or special interest,	84921
shall be served.	84922

Section 209.63.63. STUDENT SUPPORT SERVICES

84923

The foregoing appropriation item 235-502, Student Support	84924
Services, shall be distributed by the Board of Regents to Ohio's	84925
state-assisted colleges and universities that incur	84926
disproportionate costs in the provision of support services to	84927
disabled students.	84928

Section 209.63.66. OHIO INSTRUCTIONAL GRANTS

84929

In fiscal year 2006, instructional grants for all eligible	84930
full-time students shall be made using the tables under section	84931
3333.12 of the Revised Code. In fiscal year 2007, instructional	84932
grants for all eligible full-time students who have attended a	84933
college, university, or proprietary school and have completed	84934
coursework for college credit, excluding early college high school	84935
and post-secondary enrollment option students, prior to academic	84936
year 2006-2007, shall be made using the tables under section	84937
3333.12 of the Revised Code.	84938

Of the foregoing appropriation item 235-503, Ohio	84939
Instructional Grants, an amount in each fiscal year shall be used	84940
to make the payments authorized by division (C) of section 3333.26	84941
of the Revised Code to the institutions described in that	84942
division. In addition, an amount in each fiscal year shall be used	84943
to reimburse the institutions described in division (B) of section	84944
3333.26 of the Revised Code for the cost of the waivers required	84945
by that division.	84946

The unencumbered balance of appropriation item 235-503, Ohio	84947
Instructional Grants, at the end of fiscal year 2006 shall be	84948
transferred to fiscal year 2007 for use under the same	84949
appropriation item. The amounts transferred are hereby	84950
appropriated.	84951

Section 209.63.69. WAR ORPHANS SCHOLARSHIPS

84952

The foregoing appropriation item 235-504, War Orphans	84953
Scholarships, shall be used to reimburse state-assisted	84954
institutions of higher education for waivers of instructional fees	84955
and general fees provided by them, to provide grants to	84956
institutions that have received a certificate of authorization	84957
from the Ohio Board of Regents under Chapter 1713. of the Revised	84958
Code, in accordance with the provisions of section 5910.04 of the	84959
Revised Code, and to fund additional scholarship benefits provided	84960
by section 5910.032 of the Revised Code.	84961

Section 209.63.72. OHIOLINK

84962

The foregoing appropriation item 235-507, OhioLINK, shall be	84963
used by the Board of Regents to support OhioLINK, the state's	84964
electronic library information and retrieval system, which	84965
provides access statewide to the library holdings of all of Ohio's	84966
public colleges and universities, 40 private colleges, and the	84967
State Library of Ohio.	84968

Section 209.63.75. AIR FORCE INSTITUTE OF TECHNOLOGY

84969

The foregoing appropriation item 235-508, Air Force Institute	84970
of Technology, shall be used to strengthen the research and	84971
educational linkages between the Wright Patterson Air Force Base	84972
and institutions of higher education in Ohio. Of the foregoing	84973
appropriation item 235-508, Air Force Institute of Technology,	84974
$1,233,588 in each fiscal year shall be used for research projects	84975
that connect the Air Force Research Laboratories with university	84976
partners. The institute shall provide annual reports to the Third	84977
Frontier Commission, that discuss existing, planned, or possible	84978
collaborations between programs and funding recipients related to	84979
technology, research development, commercialization, and support	84980
for Ohio's economic development.	84981

Of the foregoing appropriation item 235-508, Air Force	84982
Institute of Technology, $691,757 in each fiscal year shall be	84983
used to match federal dollars to support technology	84984
commercialization and job creation. The Development Research	84985
Corporation shall use the funds to create or expand Ohio-based	84986
technology and commercial development collaborations in areas that	84987
are a priority in Ohio's third frontier initiative between	84988
industry, academia, and government.	84989

Section 209.63.78. OHIO SUPERCOMPUTER CENTER

84990

The foregoing appropriation item 235-510, Ohio Supercomputer	84991
Center, shall be used by the Board of Regents to support the	84992
operation of the center, located at The Ohio State University, as	84993
a statewide resource available to Ohio research universities both	84994
public and private. It is also intended that the center be made	84995
accessible to private industry as appropriate. Policies of the	84996
center shall be established by a governance committee,	84997
representative of Ohio's research universities and private	84998
industry, to be appointed by the Chancellor of the Board of	84999
Regents and established for this purpose.	85000

The Ohio Supercomputer Center shall report on expanding	85001
solutions-oriented, computational science services to industrial	85002
and other customers, including alignment programs and recipients,	85003
and develop a plan for a computational science initiative in	85004
collaboration with the Wright Centers of Innovation Program.	85005

Section 209.63.81. COOPERATIVE EXTENSION SERVICE

85006

The foregoing appropriation item 235-511, Cooperative	85007
Extension Service, shall be disbursed through the Board of Regents	85008
to The Ohio State University in monthly payments, unless otherwise	85009
determined by the Director of Budget and Management under section	85010
126.09 of the Revised Code.	85011

Of the foregoing appropriation item 235-511, Cooperative	85012
Extension Service, $178,271 in each fiscal year shall be used for	85013
additional staffing for county agents for expanded 4-H activities.	85014
Of the foregoing appropriation item 235-511, Cooperative Extension	85015
Service, $178,271 in each fiscal year shall be used by the	85016
Cooperative Extension Service, through the Enterprise Center for	85017
Economic Development in cooperation with other agencies, for a	85018
public-private effort to create and operate a small business	85019
economic development program to enhance the development of	85020
alternatives to the growing of tobacco, and implement, through	85021
applied research and demonstration, the production and marketing	85022
of other high-value crops and value-added products. Of the	85023
foregoing appropriation item 235-511, Cooperative Extension	85024
Service, $55,179 in each fiscal year shall be used for farm labor	85025
mediation and education programs, $182,515 in each fiscal year	85026
shall be used to support the Ohio State University Marion	85027
Enterprise Center, and $772,931 in each fiscal year shall be used	85028
to support the Ohio Watersheds Initiative.	85029

Section 209.63.84. OHIO UNIVERSITY VOINOVICH CENTER

85030

The foregoing appropriation item 235-513, Ohio University	85031
Voinovich Center, shall be used by the Board of Regents to support	85032
the operations of Ohio University's Voinovich Center.	85033

Section 209.63.88. PERFORMANCE STANDARDS FOR MEDICAL	85034
EDUCATION	85035

The Board of Regents, in consultation with the state-assisted	85036
medical colleges, shall develop performance standards for medical	85037
education. Special emphasis in the standards shall be placed on	85038
attempting to ensure that at least 50 per cent of the aggregate	85039
number of students enrolled in state-assisted medical colleges	85040
continue to enter residency as primary care physicians. Primary	85041
care physicians are general family practice physicians, general	85042
internal medicine practitioners, and general pediatric care	85043
physicians. The Board of Regents shall monitor medical school	85044
performance in relation to their plans for reaching the 50 per	85045
cent systemwide standard for primary care physicians.	85046

Section 209.63.93. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	85047
MEDICINE	85048

The foregoing appropriation item 235-515, Case Western	85049
Reserve University School of Medicine, shall be disbursed to Case	85050
Western Reserve University through the Board of Regents in	85051
accordance with agreements entered into under section 3333.10 of	85052
the Revised Code, provided that the state support per full-time	85053
medical student shall not exceed that provided to full-time	85054
medical students at state universities.	85055

Section 209.63.94. CAPITOL SCHOLARSHIP PROGRAM

85056

The foregoing appropriation item 235-518, Capitol Scholarship	85057
Program, shall be used by the Board of Regents to provide	85058
scholarships to undergraduates of Ohio's four-year public and	85059
private institutions of higher education participating in the	85060
Washington Center Internship Program. A scholarship of $1,800	85061
shall be awarded to students enrolled in an institution operating	85062
on a quarter system, and a scholarship of $2,300 shall be awarded	85063
to students enrolled in an institution operating on a semester	85064
system. The number of scholarships awarded shall be limited by the	85065
amounts appropriated in fiscal years 2006 and 2007. The Washington	85066
Center shall match the scholarships awarded to students as	85067
follows: $1,200 for students enrolled in an institution operating	85068
on a quarter system, and $1,700 for students enrolled in an	85069
institution operating on a semester system.	85070

Section 209.63.96. SHAWNEE STATE SUPPLEMENT

85071

The foregoing appropriation item 235-520, Shawnee State	85072
Supplement, shall be used by Shawnee State University as detailed	85073
by both of the following:	85074

(A) To allow Shawnee State University to keep its	85075
undergraduate fees below the statewide average, consistent with	85076
its mission of service to an economically depressed Appalachian	85077
region;	85078

(B) To allow Shawnee State University to employ new faculty	85079
to develop and teach in new degree programs that meet the needs of	85080
Appalachians.	85081

Section 209.63.99. OSU GLENN INSTITUTE

85082

The foregoing appropriation item 235-521, The Ohio State	85083
University Glenn Institute, shall be used by the Board of Regents	85084
to support the operations of the Ohio State University's Glenn	85085
Institute.	85086

Section 209.64.03. POLICE AND FIRE PROTECTION

85087

The foregoing appropriation item 235-524, Police and Fire	85088
Protection, shall be used for police and fire services in the	85089
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	85090
Portsmouth, Xenia Township (Greene County), Rootstown Township,	85091
and the City of Nelsonville that may be used to assist these local	85092
governments in providing police and fire protection for the	85093
central campus of the state-affiliated university located therein.	85094
Each participating municipality and township shall receive at	85095
least $5,000 in each fiscal year. Funds shall be distributed	85096
according to the method employed by the Board of Regents in the	85097
previous biennium.	85098

Section 209.64.06. GERIATRIC MEDICINE

85099

The Board of Regents shall develop plans consistent with	85100
existing criteria and guidelines as may be required for the	85101
distribution of appropriation item 235-525, Geriatric Medicine.	85102

Section 209.64.09. OHIO AEROSPACE INSTITUTE

85103

The foregoing appropriation item 235-527, Ohio Aerospace	85104
Institute, shall be distributed by the Board of Regents under	85105
section 3333.042 of the Revised Code.	85106

The Board of Regents, in consultation with the Third Frontier	85107
Commission, shall develop a plan for providing for appropriate,	85108
value-added participation of the Ohio Aerospace Institute in Third	85109
Frontier Project proposals and grants.	85110

Section 209.64.12. ACADEMIC SCHOLARSHIPS

85111

The foregoing appropriation item 235-530, Academic	85112
Scholarships, shall be used to provide academic scholarships to	85113
students under section 3333.22 of the Revised Code.	85114

Section 209.64.15. STUDENT CHOICE GRANTS

85115

The foregoing appropriation item 235-531, Student Choice	85116
Grants, shall be used to support the Student Choice Grant Program	85117
created by section 3333.27 of the Revised Code. The unencumbered	85118
balance of appropriation item 235-531, Student Choice Grants, at	85119
the end of fiscal year 2006 shall be transferred to fiscal year	85120
2007 for use under the same appropriation item to maintain grant	85121
award amounts in fiscal year 2007 equal to the awards provided in	85122
fiscal year 2006. The amounts transferred are hereby appropriated.	85123

Section 209.64.18. STUDENT WORKFORCE DEVELOPMENT GRANTS

85124

The foregoing appropriation item 235-534, Student Workforce	85125
Development Grants, shall be used to support the Student Workforce	85126
Development Grant Program. The Board of Regents shall distribute	85127
grants to each eligible student in an academic year. The size of	85128
each grant award shall be determined by the Board of Regents based	85129
on the amount of funds available for the program. The unencumbered	85130
balance of appropriation item 235-534, Student Workforce	85131
Development Grants, at the end of fiscal year 2006 shall be	85132
transferred to fiscal year 2007 for use under the same	85133
appropriation item to maintain grant award amounts in fiscal year	85134
2007 equal to the awards provided in fiscal year 2006. The amounts	85135
transferred are hereby appropriated.	85136

Section 209.64.21. OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT	85137
CENTER	85138

The foregoing appropriation item 235-535, Ohio Agricultural	85139
Research and Development Center, shall be disbursed through the	85140
Board of Regents to The Ohio State University in monthly payments,	85141
unless otherwise determined by the Director of Budget and	85142
Management under section 126.09 of the Revised Code. The Ohio	85143
Agricultural Research and Development Center shall not be required	85144
to remit payment to The Ohio State University during the biennium	85145
ending June 30, 2007, for cost reallocation assessments. The cost	85146
reallocation assessments include, but are not limited to, any	85147
assessment on state appropriations to the Center.	85148

The Ohio Agricultural Research and Development Center, an	85149
entity of the College of Food, Agricultural, and Environmental	85150
Sciences of The Ohio State University, shall further its mission	85151
of enhancing Ohio's economic development and job creation by	85152
continuing to internally allocate on a competitive basis	85153
appropriated funding of programs based on demonstrated	85154
performance. Academic units, faculty, and faculty-driven programs	85155
shall be evaluated and rewarded consistent with agreed-upon	85156
performance expectations as called for in the College's	85157
Expectations and Criteria for Performance Assessment.	85158

Of the foregoing appropriation item 235-535, Ohio	85159
Agricultural Research and Development Center, $458,410 in each	85160
fiscal year shall be used to purchase equipment.	85161

Of the foregoing appropriation item 235-535, Ohio	85162
Agricultural Research and Development Center, $806,463 in each	85163
fiscal year shall be distributed to the Piketon Agricultural	85164
Research and Extension Center.	85165

Of the foregoing appropriation item 235-535, Ohio	85166
Agricultural Research and Development Center, $212,227 in each	85167
fiscal year shall be distributed to the	85168
Raspberry/Strawberry-Ellagic Acid Research program at The Ohio	85169
State University Medical College in cooperation with The Ohio	85170
State University College of Agriculture.	85171

Of the foregoing appropriation item 235-535, Ohio	85172
Agricultural Research and Development Center, $42,445 in each	85173
fiscal year shall be used to support the Ohio Berry Administrator.	85174

Of the foregoing appropriation item 235-535, Ohio	85175
Agricultural Research and Development Center, $84,890 in each	85176
fiscal year shall be used for the development of agricultural	85177
crops and products not currently in widespread production in Ohio,	85178
in order to increase the income and viability of family farmers.	85179

Of the foregoing appropriation item 235-535, Ohio	85180
Agricultural Research and Development Center, $125,000 in each	85181
fiscal year shall be distributed to Wilmington College for the	85182
commercialization of agricultural products.	85183

Section 209.64.24. PART-TIME STUDENT INSTRUCTIONAL GRANTS

85184

The foregoing appropriation item 235-549, Part-time Student	85185
Instructional Grants, shall be used to support a grant program for	85186
part-time undergraduate students who are Ohio residents and who	85187
were enrolled in degree granting programs prior to academic year	85188
2006-2007.	85189

Eligibility for participation in the program shall include	85190
degree granting educational institutions that hold a certificate	85191
of registration from the State Board of Career Colleges and	85192
Schools, and nonprofit institutions that have a certificate of	85193
authorization issued under Chapter 1713. of the Revised Code, as	85194
well as state-assisted colleges and universities. Grants shall be	85195
given to students on the basis of need, as determined by the	85196
college, which, in making these determinations, shall give special	85197
consideration to single-parent heads-of-household and displaced	85198
homemakers who enroll in an educational degree program that	85199
prepares the individual for a career. In determining need, the	85200
college also shall consider the availability of educational	85201
assistance from a student's employer. It is the intent of the	85202
General Assembly that these grants not supplant such assistance.	85203

Section 209.64.27. CAPITAL COMPONENT

85204

The foregoing appropriation item 235-552, Capital Component,	85205
shall be used by the Board of Regents to implement the capital	85206
funding policy for state-assisted colleges and universities	85207
established in Am. H.B. No. 748 of the 121st General Assembly.	85208
Appropriations from this item shall be distributed to all campuses	85209
for which the estimated campus debt service attributable to new	85210
qualifying capital projects is less than the campus's	85211
formula-determined capital component allocation. Campus	85212
allocations shall be determined by subtracting the estimated	85213
campus debt service attributable to new qualifying capital	85214
projects from the campus's formula-determined capital component	85215
allocation. Moneys distributed from this appropriation item shall	85216
be restricted to capital-related purposes.	85217

Any campus for which the estimated campus debt service	85218
attributable to qualifying capital projects is greater than the	85219
campus's formula-determined capital component allocation shall	85220
have the difference subtracted from its State Share of Instruction	85221
allocation in each fiscal year. The sum of all such amounts shall	85222
be transferred from appropriation item 235-501, State Share of	85223
Instruction, to appropriation item 235-552, Capital Component.	85224

Section 209.64.30. DAYTON AREA GRADUATE STUDIES INSTITUTE

85225

The foregoing appropriation item 235-553, Dayton Area	85226
Graduate Studies Institute, shall be used by the Board of Regents	85227
to support the Dayton Area Graduate Studies Institute, an	85228
engineering graduate consortium of three universities in the	85229
Dayton area: Wright State University, the University of Dayton,	85230
and the Air Force Institute of Technology, with the participation	85231
of the University of Cincinnati and The Ohio State University.	85232

Of the foregoing appropriation item 235-553, Dayton Area	85233
Graduate Studies Institute, $350,000 in each fiscal year shall be	85234
used by the Development Research Corporation to support	85235
collaborative research and technology commercialization	85236
initiatives in Ohio.	85237

Section 209.64.33. PRIORITIES IN COLLABORATIVE GRADUATE	85238
EDUCATION	85239

The foregoing appropriation item 235-554, Priorities in	85240
Collaborative Graduate Education, shall be used by the Board of	85241
Regents to support improvements in graduate programs at	85242
state-assisted universities that the Board of Regents identifies	85243
as vital to the state's economic strategy. Up to $169,782 in each	85244
fiscal year shall be used to support collaborative efforts in	85245
graduate education in this program area. The collaborative program	85246
shall be coordinated by the Board of Regents.	85247

Section 209.64.36. OHIO ACADEMIC RESOURCES NETWORK (OARNET)

85248

The foregoing appropriation item 235-556, Ohio Academic	85249
Resources Network, shall be used to support the operations of the	85250
Ohio Academic Resources Network, which shall include support for	85251
Ohio's state-assisted colleges and universities in maintaining and	85252
enhancing network connections. The network shall give priority to	85253
supporting the Third Frontier Network and allocating bandwidth to	85254
programs directly supporting Ohio's economic development.	85255

Section 209.64.39. LONG-TERM CARE RESEARCH

85256

The foregoing appropriation item 235-558, Long-term Care	85257
Research, shall be disbursed to Miami University for long-term	85258
care research.	85259

Section 209.64.42. CLINICAL TEACHING SUPPORT

85260

The foregoing appropriation item 235-560, Clinical Teaching	85261
Support, shall be used to support clinical teaching at Ohio's	85262
state-assisted colleges of medicine. Of this amount, The Ohio	85263
State University shall receive $13,565,885 in each fiscal year;	85264
University of Cincinnati shall receive $11,157,756 in each fiscal	85265
year; Medical University of Ohio at Toledo shall receive	85266
$8,696,866 in each fiscal year; Wright State University shall	85267
receive $4,225,107 in each fiscal year and $124,644 of this amount	85268
in each fiscal year shall be for the use of Wright State	85269
University's Ellis Institute for Clinical Teaching Studies to	85270
operate the clinical facility to serve the Greater Dayton Area;	85271
Ohio University shall receive $4,084,540 in each fiscal year; and	85272
Northeastern Ohio Universities College of Medicine shall receive	85273
$4,200,945 in each fiscal year. These funds shall be distributed	85274
through the Board of Regents.	85275

The Board of Regents, in consultation with the higher	85276
education funding commission and representatives of the	85277
state-assisted colleges of medicine, shall study and propose	85278
recommendations for a formula to allocate Clinical Teaching	85279
Support appropriations. The consultation shall consider factors	85280
that reward medical schools for serving Ohio's health care needs	85281
in an equitable and efficient manner. Recommendations shall be	85282
submitted to the Office of Budget and Management and the General	85283
Assembly for consideration by November 15, 2006. A new method,	85284
approved by the Office of Budget and Management and the General	85285
Assembly, shall be implemented in fiscal years 2008 and 2009 for	85286
distributing funds in appropriation item 235-560, Clinical	85287
Teaching Support.	85288

Section 209.64.45. BOWLING GREEN STATE UNIVERSITY CANADIAN	85289
STUDIES CENTER	85290

The foregoing appropriation item 235-561, Bowling Green State	85291
University Canadian Studies Center, shall be used by the Canadian	85292
Studies Center at Bowling Green State University to study	85293
opportunities for Ohio and Ohio businesses to benefit from the	85294
Free Trade Agreement between the United States and Canada.	85295

Section 209.64.48. FAMILY PRACTICE AND PRIMARY CARE	85296
RESIDENCIES	85297

The Board of Regents shall develop plans consistent with	85298
existing criteria and guidelines as may be required for the	85299
distribution of appropriation item 235-562, Family Practice and	85300
Primary Care Residencies.	85301

Of the foregoing appropriation item 235-562, Family Practice	85302
and Primary Care Residencies, $4,548,470 in each fiscal year shall	85303
be distributed to Family Practice programs.	85304

Of the foregoing appropriation item 235-562, Family Practice	85305
and Primary Care Residencies, $2,245,688 in each fiscal year shall	85306
be distributed to Primary Care Residencies, based on whether or	85307
not the institution has submitted and gained approval for a	85308
primary care residency plan. If the institution does not have an	85309
approved plan, it shall receive five per cent less funding per	85310
student than it would have received from its annual allocation.	85311
The remaining funding shall be distributed among those	85312
institutions that meet or exceed their targets.	85313

Section 209.64.51. OHIO COLLEGE OPPORTUNITY GRANT PHASE-IN

85314

The foregoing appropriation item 235-563, Ohio College	85315
Opportunity Grant, shall be used by the Board of Regents to begin	85316
to award needs-based financial aid to students based on the United	85317
States Department of Education's method of determining financial	85318
need. Beginning in fiscal year 2007, students who enrolled in a	85319
public, private, or proprietary post-secondary institution of	85320
higher education for the first time in academic year 2006-2007,	85321
excluding early college high school and post-secondary enrollment	85322
option participants, shall be eligible to receive aid based on	85323
their expected family contributions as calculated by the United	85324
State Department of Education, according to section 3333.122 of	85325
the Revised Code.	85326

Section 209.64.54. THE OHIO STATE UNIVERSITY CLINIC SUPPORT

85327

The foregoing appropriation item 235-572, The Ohio State	85328
University Clinic Support, shall be distributed through the Board	85329
of Regents to The Ohio State University for support of dental and	85330
veterinary medicine clinics.	85331

Section 209.64.57. URBAN UNIVERSITY PROGRAM

85332

Universities receiving funds from the foregoing appropriation	85333
item 235-583, Urban University Program, that are used to support	85334
an ongoing university unit shall certify periodically in a manner	85335
approved by the Board of Regents that program funds are being	85336
matched on a one-to-one basis with equivalent resources. Overhead	85337
support may not be used to meet this requirement. Where Urban	85338
University Program funds are being used to support an ongoing	85339
university unit, matching funds shall come from continuing rather	85340
than one-time sources. At each participating state-assisted	85341
institution of higher education, matching funds shall be within	85342
the substantial control of the individual designated by the	85343
institution's president as the Urban University Program	85344
representative.	85345

Of the foregoing appropriation item 235-583, Urban University	85346
Program, $117,215 in each fiscal year shall be used to support the	85347
Center for the Interdisciplinary Study of Education and the Urban	85348
Child at Cleveland State University. These funds shall be	85349
distributed according to rules adopted by the Board of Regents and	85350
shall be used by the center for interdisciplinary activities	85351
targeted toward increasing the chance of lifetime success of the	85352
urban child, including interventions beginning with the prenatal	85353
period. The primary purpose of the center is to study issues in	85354
urban education and to systematically map directions for new	85355
approaches and new solutions by bringing together a cadre of	85356
researchers, scholars, and professionals representing the social,	85357
behavioral, education, and health disciplines.	85358

Of the foregoing appropriation item 235-583, Urban University	85359
Program, $1,433,037 in each fiscal year shall be distributed by	85360
the Board of Regents to Cleveland State University in support of	85361
the Maxine Goodman Levin College of Urban Affairs.	85362

Of the foregoing appropriation item 235-583, Urban University	85363
Program, $1,433,037 in each fiscal year shall be distributed to	85364
the Northeast Ohio Research Consortium, the Urban Linkages	85365
Program, and the Urban Research Technical Assistance Grant	85366
Program. The distribution among the three programs shall be	85367
determined by the chair of the Urban University Program.	85368

Of the foregoing appropriation item 235-583, Urban University	85369
Program, $247,453 in each fiscal year shall be used to support a	85370
public communication outreach program (WCPN). The primary purpose	85371
of the program shall be to develop a relationship between	85372
Cleveland State University and nonprofit communications entities.	85373

Of the foregoing appropriation item 235-583, Urban University	85374
Program, $169,310 in each fiscal year shall be used to support the	85375
Kent State University Learning and Technology Project. This	85376
project is a kindergarten through university collaboration between	85377
schools surrounding Kent State University's eight campuses in	85378
northeast Ohio and corporate partners who will assist in	85379
development and delivery.	85380

The Kent State University Project shall provide a faculty	85381
member who has a full-time role in the development of	85382
collaborative activities and teacher instructional programming	85383
between Kent State University and the K-12th grade schools that	85384
surround its eight campuses; appropriate student support staff to	85385
facilitate these programs and joint activities; and hardware and	85386
software to schools that will make possible the delivery of	85387
instruction to pre-service and in-service teachers, and their	85388
students, in their own classrooms or school buildings. This shall	85389
involve the delivery of low-bandwidth streaming video and	85390
web-based technologies in a distributed instructional model.	85391

Of the foregoing appropriation item 235-583, Urban University	85392
Program, $65,119 in each fiscal year shall be used to support the	85393
Ameritech Classroom/Center for Research at Kent State University.	85394

Of the foregoing appropriation item 235-583, Urban University	85395
Program, $723,547 in each fiscal year shall be used to support the	85396
Polymer Distance Learning Project at the University of Akron.	85397

Of the foregoing appropriation item 235-583, Urban University	85398
Program, $32,560 in each fiscal year shall be distributed to the	85399
Kent State University/Cleveland Design Center program.	85400

Of the foregoing appropriation item 235-583, Urban University	85401
Program, $180,886 in each fiscal year shall be used to support the	85402
Bliss Institute of Applied Politics at the University of Akron.	85403

Of the foregoing appropriation item 235-583, Urban University	85404
Program, $10,851 in each fiscal year shall be used for the	85405
Advancing-Up Program at the University of Akron.	85406

Of the foregoing appropriation item 235-583, Urban University	85407
Program, $139,777 in each fiscal year shall be used to support the	85408
Strategic Economic Research Collaborative at the University of	85409
Toledo Urban Affairs Center.	85410

Of the foregoing appropriation item 235-583, Urban University	85411
Program, $139,777 in each fiscal year shall be used to support the	85412
Institute for Collaborative Research and Public Humanities at The	85413
Ohio State University.	85414

Of the foregoing appropriation item 235-583, Urban University	85415
Program, $300,368 in each fiscal year shall be used to support the	85416
Medina County University Center.	85417

Section 209.64.60. RURAL UNIVERSITY PROJECTS

85418

Of the foregoing appropriation item 235-587, Rural University	85419
Projects, Bowling Green State University shall receive $263,783 in	85420
each fiscal year, Miami University shall receive $245,320 in each	85421
fiscal year, and Ohio University shall receive $575,015 in each	85422
fiscal year. These funds shall be used to support the Institute	85423
for Local Government Administration and Rural Development at Ohio	85424
University, the Center for Public Management and Regional Affairs	85425
at Miami University, and the Center for Policy Analysis and Public	85426
Service at Bowling Green State University.	85427

A small portion of the funds provided to Ohio University	85428
shall also be used for the Institute for Local Government	85429
Administration and Rural Development State and Rural Policy	85430
Partnership with the Governor's Office of Appalachia and the	85431
Appalachian delegation of the General Assembly.	85432

Of the foregoing appropriation item 235-587, Rural University	85433
Projects, $15,942 in each fiscal year shall be used to support the	85434
Washington State Community College day care center.	85435

Of the foregoing appropriation item 235-587, Rural University	85436
Projects, $47,829 in each fiscal year shall be used to support the	85437
COAD/ILGARD/GOA Appalachian Leadership Initiative.	85438

Section 209.64.63. HAZARDOUS MATERIALS PROGRAM

85439

The foregoing appropriation item 235-596, Hazardous Materials	85440
Program, shall be disbursed to Cleveland State University for the	85441
operation of a program to certify firefighters for the handling of	85442
hazardous materials. Training shall be available to all Ohio	85443
firefighters.	85444

Of the foregoing appropriation item 235-596, Hazardous	85445
Materials Program, $177,337 in each fiscal year shall be used to	85446
support the Center for the Interdisciplinary Study of Education	85447
and Leadership in Public Service at Cleveland State University.	85448
These funds shall be distributed by the Board of Regents and shall	85449
be used by the center targeted toward increasing the role of	85450
special populations in public service and not-for-profit	85451
organizations. The primary purpose of the center is to study	85452
issues in public service and to guide strategies for attracting	85453
new communities into public service occupations by bringing	85454
together a cadre of researchers, scholars, and professionals	85455
representing the public administration, social behavioral, and	85456
education disciplines.	85457

Section 209.64.66. NATIONAL GUARD SCHOLARSHIP PROGRAM

85458

The Board of Regents shall disburse funds from appropriation	85459
item 235-599, National Guard Scholarship Program, at the direction	85460
of the Adjutant General. Upon the request of the Adjutant General,	85461
the Board of Regents shall seek Controlling Board approval to	85462
establish appropriations in item 235-623, National Guard	85463
Scholarship Reserve Fund. The Board of Regents shall disburse	85464
funds from appropriation item 235-623, National Guard Scholarship	85465
Reserve Fund, at the direction of the Adjutant General.	85466

* Section 209.64.69. PLEDGE OF FEES

85467

Any new pledge of fees, or new agreement for adjustment of	85468
fees, made in the biennium ending June 30, 2007, to secure bonds	85469
or notes of a state-assisted institution of higher education for a	85470
project for which bonds or notes were not outstanding on the	85471
effective date of this section shall be effective only after	85472
approval by the Board of Regents, unless approved in a previous	85473
biennium.	85474

Section 209.64.72. HIGHER EDUCATION GENERAL OBLIGATION DEBT	85475
SERVICE	85476

The foregoing appropriation item 235-909, Higher Education	85477
General Obligation Debt Service, shall be used to pay all debt	85478
service and related financing costs at the times they are required	85479
to be made under sections 151.01 and 151.04 of the Revised Code	85480
during the period from July 1, 2005, to June 30, 2007. The Office	85481
of the Sinking Fund or the Director of Budget and Management shall	85482
effectuate the required payments by intrastate transfer voucher.	85483

Section 209.64.75. SALES AND SERVICES

85484

The Board of Regents is authorized to charge and accept	85485
payment for the provision of goods and services. Such charges	85486
shall be reasonably related to the cost of producing the goods and	85487
services. No charges may be levied for goods or services that are	85488
produced as part of the routine responsibilities or duties of the	85489
Board. All revenues received by the Board of Regents shall be	85490
deposited into Fund 456, and may be used by the Board of Regents	85491
to pay for the costs of producing the goods and services.	85492

Section 209.64.76. OHIO HIGHER EDUCATIONAL FACILITY	85493
COMMISSION SUPPORT	85494

The foregoing appropriation item 235-602, Higher Educational	85495
Facility Commission Administration, shall be used by the Board of	85496
Regents for operating expenses related to the Board of Regents'	85497
support of the activities of the Ohio Higher Educational Facility	85498
Commission. Upon the request of the chancellor, the Director of	85499
Budget and Management shall transfer up to $55,000 cash from Fund	85500
461 to Fund 4E8 in each fiscal year of the biennium.	85501

Section 209.64.78. PHYSICIAN LOAN REPAYMENT

85502

The foregoing appropriation item 235-604, Physician Loan	85503
Repayment, shall be used in accordance with sections 3702.71 to	85504
3702.81 of the Revised Code.	85505

Section 209.64.81. NURSING LOAN PROGRAM

85506

The foregoing appropriation item 235-606, Nursing Loan	85507
Program, shall be used to administer the nurse education	85508
assistance program. Up to $159,600 in fiscal year 2006 and	85509
$167,580 in fiscal year 2007 may be used for operating expenses	85510
associated with the program. Any additional funds needed for the	85511
administration of the program are subject to Controlling Board	85512
approval.	85513

Section 209.64.84. SCIENCE AND TECHNOLOGY COLLABORATION

85514

The Board of Regents shall work in close collaboration with	85515
the Department of Development, the Air Quality Development	85516
Authority, and the Third Frontier Commission in relation to	85517
appropriation items and programs referred to as Alignment Programs	85518
in the following paragraph, and other technology-related	85519
appropriations and programs in the Department of Development, Air	85520
Quality Development Authority, and the Board of Regents as these	85521
agencies may designate, to ensure implementation of a coherent	85522
state strategy with respect to science and technology.	85523

"Alignment Programs" means: appropriation items 195-401,	85524
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	85525
Third Frontier Action Fund; 898-604, Coal Research and Development	85526
Fund; 235-433, Economic Growth Challenge; 235-451, Eminent	85527
Scholars; 235-508, Air Force Institute of Technology; 235-510,	85528
Ohio Supercomputer Center; 235-527, Ohio Aerospace Institute;	85529
235-535, Ohio Agricultural Research and Development Center;	85530
235-553, Dayton Area Graduate Studies Institute; 235-554,	85531
Priorities in Collaborative Graduate Education; 235-556, Ohio	85532
Academic Resources Network; and 195-435, Biomedical Research and	85533
Technology Transfer Trust.	85534

Consistent with the recommendations of the Governor's	85535
Commission on Higher Education and the Economy, Alignment Programs	85536
shall be managed and administered (1) to build on existing	85537
competitive research strengths; (2) to encourage new and emerging	85538
discoveries and commercialization of products and ideas that will	85539
benefit the Ohio economy; and (3) to assure improved collaboration	85540
among Alignment Programs, with programs administered by the Third	85541
Frontier Commission, and with other state programs that are	85542
intended to improve economic growth and job creation.	85543

If requested by the Third Frontier Commission, Alignment	85544
Programs managers shall report to the Commission or the Third	85545
Frontier Advisory Board, as directed by the Commission, on the	85546
contributions of their programs to achieving the objectives stated	85547
in the preceding paragraph of this section.	85548

Each alignment program shall be reviewed annually by the	85549
Third Frontier Commission with respect to its development of	85550
complementary relationships within a combined state science and	85551
technology investment portfolio and its overall contribution to	85552
the state's science and technology strategy, including the	85553
adoption of appropriately consistent criteria for: (1) the	85554
scientific merit of activities supported by the program; (2) the	85555
relevance of the program's activities to commercial opportunities	85556
in the private sector; (3) the private sector's involvement in a	85557
process that continually evaluates commercial opportunities to use	85558
the work supported by the program; and (4) the ability of the	85559
program and recipients of grant funding from the program to engage	85560
in activities that are collaborative, complementary, and efficient	85561
with respect to the expenditure of state funds. All programs	85562
listed above shall provide annual reports to the Third Frontier	85563
Commission discussing existing, planned, or possible	85564
collaborations between programs and recipients of grant funding	85565
related to technology, development, commercialization, and	85566
supporting Ohio's economic development. The annual review by the	85567
Third Frontier Commission shall be a comprehensive review of the	85568
entire state science and technology program portfolio rather than	85569
a review of individual programs.	85570

Applicants for Third Frontier and Alignment Programs funding	85571
shall identify their requirements for high-performance computing	85572
facilities and services, including both hardware and software, in	85573
the proposals. If an applicant's requirements exceed approximately	85574
$100,000 for a proposal, the Ohio Supercomputer Center shall	85575
convene a panel of experts. The panel shall review the proposal to	85576
determine whether the proposal's requirements can be met through	85577
Ohio Supercomputer Center facilities or through other means and	85578
report such information to the Third Frontier Commission.	85579

To ensure that the state receives the maximum benefit from	85580
its investment in the Third Frontier Project and the Third	85581
Frontier Network, organizations receiving Third Frontier awards	85582
and Alignment Programs awards shall, as appropriate, be expected	85583
to have a connection to the Third Frontier Network that enables	85584
them and their collaborators to achieve award objectives through	85585
the Third Frontier Network.	85586

Section 209.64.87. REPAYMENT OF RESEARCH FACILITY INVESTMENT	85587
FUND MONEYS	85588

Notwithstanding any provision of law to the contrary, all	85589
repayments of Research Facility Investment Fund loans shall be	85590
made to the Bond Service Trust Fund. All Research Facility	85591
Investment Fund loan repayments made prior to the effective date	85592
of this section shall be transferred by the Director of Budget and	85593
Management to the Bond Service Trust Fund within sixty days after	85594
the effective date of this section.	85595

Campuses shall make timely repayments of Research Facility	85596
Investment Fund loans, according to the schedule established by	85597
the Board of Regents. In the case of late payments, the Board of	85598
Regents may deduct from an institution's periodic subsidy	85599
distribution an amount equal to the amount of the overdue payment	85600
for that institution, transfer such amount to the Bond Service	85601
Trust Fund, and credit the appropriate institution for the	85602
repayment.	85603

Section 209.64.90. VETERANS' PREFERENCES

85604

The Board of Regents shall work with the Governor's Office of	85605
Veterans' Affairs to develop specific veterans' preference	85606
guidelines for higher education institutions. These guidelines	85607
shall ensure that the institutions' hiring practices are in	85608
accordance with the intent of Ohio's veterans' preference laws.	85609

Section 209.64.93. STATE NEED-BASED FINANCIAL AID	85610
RECONCILIATION	85611

By the first day of August in each fiscal year, or as soon	85612
thereafter as possible, the Ohio Board of Regents shall certify to	85613
the Director of Budget and Management the amount necessary to pay	85614
any outstanding prior year obligations to higher education	85615
institutions for the state's need-based financial aid programs.	85616
The amounts certified are hereby appropriated to appropriation	85617
item 235-618, State Need-based Financial Aid Reconciliation, from	85618
revenues received in the State Need-based Financial Aid	85619
Reconciliation Fund (Fund 5Y5).	85620

Section 209.64.96. STUDY ON DISTRIBUTING STATE SHARE OF	85621
INSTRUCTION FUNDS BASED ON CAMPUS ADMINISTRATIVE EFFICIENCY	85622

The Board of Regents, in consultation with representatives of	85623
the higher education community, shall conduct a study on the	85624
feasibility of distributing a portion of GRF appropriation item	85625
235-501, State Share of Instruction, based on campus	85626
administrative efficiency. The Board of Regents shall consider	85627
what statistic or statistics would be appropriate to measure	85628
administrative efficiency and also shall consider what an adequate	85629
level of administrative support should be. The Board of Regents	85630
shall submit the results of the study to the General Assembly not	85631
later than September 15, 2006.	85632

Section 209.64.99. STUDY ON DISTRIBUTING STATE SHARE OF	85633
INSTRUCTION FUNDS BASED ON THE NUMBER OF DEGREES AND CERTIFICATES	85634
AWARDED	85635

The Board of Regents, in consultation with representatives	85636
from the higher education community, shall conduct a study on the	85637
feasibility of distributing a portion of GRF appropriation item	85638
235-501, State Share of Instruction, based on the number of	85639
Ohioans who are awarded certificates or associate's,	85640
baccalaureate, master's, or doctoral degrees. The study shall	85641
examine whether it is feasible to retain a portion of the State	85642
Share of Instruction distributed to the campuses until such times	85643
as the certificates or degrees are conferred, whether the existing	85644
appropriation is sufficient to fund such an initiative, and how	85645
much in additional funds might be necessary to significantly	85646
increase the number of certificates and degrees earned by Ohioans	85647
each year. The Board of Regents shall submit the results of the	85648
study to the General Assembly not later than September 15, 2006.	85649

Section 209.65.03. STUDY ON PROVIDING INCENTIVES FOR	85650
CERTIFICATE AND ASSOCIATE DEGREES	85651

The Board of Regents, in consultation with representatives	85652
from the higher education community, shall conduct a study on the	85653
feasibility of devising a performance-based grant to provide	85654
incentives to university branch campuses, community colleges,	85655
state community colleges, technical colleges, and the community	85656
and technical colleges at Youngstown State University, the	85657
University of Cincinnati, and The University of Akron to increase	85658
the number and proportion of Ohio students who receive a	85659
certificate or an associate degree. In consultation with the Ohio	85660
Association of Community Colleges, the Board of Regents shall	85661
develop a measure of certification or degree completion. The Board	85662
of Regents shall recommend a formula, using the Success Challenge	85663
formula as a model, that will reward the public two-year campuses	85664
for the academic success of their undergraduate students. The	85665
Board of Regents shall submit the results of the study to the	85666
General Assembly not later than September 15, 2006.	85667

Section 209.69. DRC DEPARTMENT OF REHABILITATION AND	85668
CORRECTION	85669

General Revenue Fund							85670
GRF	501-321	Institutional Operations	$	857,371,490	$	873,888,880	85671
GRF	501-403	Prisoner Compensation	$	8,599,255	$	8,599,255	85672
GRF	501-405	Halfway House	$	38,104,924	$	38,105,128	85673
GRF	501-406	Lease Rental Payments	$	132,370,500	$	120,600,600	85674
GRF	501-407	Community Nonresidential Programs	$	15,383,471	$	15,404,522	85675
GRF	501-408	Community Misdemeanor Programs	$	8,041,489	$	8,041,489	85676
GRF	501-501	Community Residential Programs - CBCF	$	55,054,445	$	55,054,445	85677
GRF	502-321	Mental Health Services	$	64,897,564	$	66,055,754	85678
GRF	503-321	Parole and Community Operations	$	78,887,219	$	80,708,911	85679
GRF	504-321	Administrative Operations	$	27,559,389	$	28,147,730	85680
GRF	505-321	Institution Medical Services	$	159,926,575	$	176,500,628	85681
GRF	506-321	Institution Education Services	$	22,727,366	$	23,114,615	85682
GRF	507-321	Institution Recovery Services	$	6,946,286	$	7,090,212	85683
TOTAL GRF General Revenue Fund			$	1,475,869,973	$	1,501,312,169	85684

General Services Fund Group

85685

148	501-602	Services and Agricultural	$	95,207,653	$	95,207,653	85686
200	501-607	Ohio Penal Industries	$	38,000,000	$	38,000,000	85687
4B0	501-601	Penitentiary Sewer Treatment Facility Services	$	1,758,177	$	1,758,177	85688
4D4	501-603	Prisoner Programs	$	20,967,703	$	20,967,703	85689
4L4	501-604	Transitional Control	$	1,593,794	$	1,593,794	85690
4S5	501-608	Education Services	$	4,564,072	$	4,564,072	85691
483	501-605	Property Receipts	$	393,491	$	393,491	85692
5AF	501-609	State and Non-Federal Awards	$	262,718	$	262,718	85693
5H8	501-617	Offender Financial Responsibility	$	2,000,000	$	2,000,000	85694
5L6	501-611	Information Technology Services	$	3,741,980	$	3,741,980	85695
571	501-606	Training Academy Receipts	$	75,190	$	75,190	85696
593	501-618	Laboratory Services	$	5,799,999	$	5,799,999	85697
TOTAL GSF General Services Fund Group			$	174,364,777	$	174,364,777	85698

State Special Revenue Fund Group

85699

5CL	501-616		Sex Offender Supervision		$	100,000		$	75,000		85700
Total SSR State Special Revenue Fund Group					$	100,000		$	75,000		85701

Federal Special Revenue Fund Group

85702

3S1	501-615	Truth-In-Sentencing Grants	$	26,127,427	$	26,127,427	85703
323	501-619	Federal Grants	$	12,198,353	$	12,198,353	85704
TOTAL FED Federal Special Revenue							85705
Fund Group			$	38,325,780	$	38,325,780	85706

TOTAL ALL BUDGET FUND GROUPS

1,688,660,530

1,714,077,726

85707

OHIO BUILDING AUTHORITY LEASE PAYMENTS

85708

The foregoing appropriation item 501-406, Lease Rental	85709
Payments, shall be used for payments to the Ohio Building	85710
Authority for the period July 1, 2005, to June 30, 2007, under the	85711
primary leases and agreements for those buildings made under	85712
Chapter 152. of the Revised Code but limited to the aggregate	85713
amount of $252,971,100. This appropriation amount is the source of	85714
funds pledged for bond service charges on related obligations	85715
issued under Chapter 152. of the Revised Code.	85716

PRISONER COMPENSATION

85717

Money from the foregoing appropriation item 501-403, Prisoner	85718
Compensation, shall be transferred on a quarterly basis by	85719
intrastate transfer voucher to the Services and Agricultural Fund	85720
(Fund 148) for the purposes of paying prisoner compensation.	85721

SEX OFFENDER SUPERVISION

85722

On July 1, 2005, or as soon as practicable thereafter, the	85723
Director of Budget and Management shall transfer $100,000 in cash	85724
from the Reparations Fund (Fund 402) to the Sex Offender	85725
Supervision Fund (Fund 5CL). On July 1, 2006, or as soon as	85726
practicable thereafter, the Director of Budget and Management	85727
shall transfer $75,000 in cash from the Reparations Fund (Fund	85728
402) to the Sex Offender Supervision Fund (Fund 5CL).	85729

The foregoing appropriation item 501-616, Sex Offender	85730
Supervision, shall be used by the Department of Rehabilitation and	85731
Correction to pay for the costs incurred by the Adult Parole	85732
Authority in supervising sexually violent predators released from	85733
prison as required by section 2971.05 of the Revised Code.	85734

LOCATION AND TRACKING TECHNOLOGY

85735

The Director of Rehabilitation and Correction may expend from	85736
the appropriate fund or funds a total of $3,000,000 in each of	85737
fiscal years 2006 and 2007 for the purchase, installation, and	85738
operation of radio frequency identification and tracking	85739
technology, providing real-time identification and tracking of	85740
inmates and staff in the state's adult correctional institutions.	85741

Section 209.72. RSC REHABILITATION SERVICES COMMISSION

85742

General Revenue Fund

85743

GRF	415-100	Personal Services	$	8,851,468	$	8,851,468	85744
GRF	415-402	Independent Living Council	$	12,280	$	12,280	85745
GRF	415-403	Mental Health Services	$	717,221	$	717,221	85746
GRF	415-404	MR/DD Services	$	1,260,816	$	1,260,816	85747
GRF	415-405	Vocational Rehabilitation/Job and Family Services	$	536,912	$	536,912	85748
GRF	415-406	Assistive Technology	$	47,531	$	47,531	85749
GRF	415-431	Office for People with Brain Injury	$	226,012	$	226,012	85750
GRF	415-506	Services for People with Disabilities	$	12,185,215	$	12,185,215	85751
GRF	415-508	Services for the Deaf	$	50,000	$	50,000	85752
GRF	415-509	Services for the Elderly	$	359,377	$	359,377	85753
GRF	415-520	Independent Living Services	$	50,000	$	50,000	85754
TOTAL GRF General Revenue Fund			$	24,296,832	$	24,296,832	85755

General Services Fund Group

85756

4W5	415-606	Program Management Expenses	$	18,557,040	$	18,557,040	85757
467	415-609	Business Enterprise Operating Expenses	$	1,632,082	$	1,632,082	85758
TOTAL GSF General Services							85759
Fund Group			$	20,189,122	$	20,189,122	85760

Federal Special Revenue Fund Group

85761

3L1	415-601	Social Security Personal Care Assistance	$	3,743,740	$	3,743,740	85762
3L1	415-605	Social Security Community Centers for the Deaf	$	1,100,488	$	1,100,488	85763
3L1	415-607	Social Security Administration Cost	$	175,860	$	175,860	85764
3L1	415-608	Social Security Special Programs/Assistance	$	2,246,991	$	131,716	85765
3L1	415-610	Social Security Vocational Rehabilitation	$	1,336,324	$	1,338,324	85766
3L1	415-614	Social Security Independent Living	$	154,942	$	0	85767
3L4	415-612	Federal Independent Living Centers or Services	$	894,662	$	686,520	85768
3L4	415-615	Federal - Supported Employment	$	1,338,191	$	1,338,191	85769
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,508,885	$	1,608,885	85770
317	415-620	Disability Determination	$	82,870,347	$	87,999,369	85771
379	415-616	Federal - Vocational Rehabilitation	$	123,565,158	$	119,998,470	85772
TOTAL FED Federal Special							85773
Revenue Fund Group			$	218,935,588	$	218,121,563	85774

State Special Revenue Fund Group

85775

4L1	415-619	Services for Rehabilitation	$	4,500,000	$	4,500,000	85776
468	415-618	Third Party Funding	$	1,055,407	$	1,105,407	85777
TOTAL SSR State Special							85778
Revenue Fund Group			$	5,555,407	$	5,605,407	85779
TOTAL ALL BUDGET FUND GROUPS			$	268,976,949	$	268,212,924	85780

INDEPENDENT LIVING COUNCIL

85781

The foregoing appropriation item 415-402, Independent Living	85782
Council, shall be used to fund the operations of the State	85783
Independent Living Council.	85784

MENTAL HEALTH SERVICES

85785

The foregoing appropriation item 415-403, Mental Health	85786
Services, shall be used for the provision of vocational	85787
rehabilitation services to mutually eligible consumers of the	85788
Rehabilitation Services Commission and the Department of Mental	85789
Health.	85790

The Rehabilitation Services Commission shall provide the	85791
Department of Mental Health a quarterly report stating the numbers	85792
served, numbers placed in employment, average hourly wage, and	85793
average hours worked.	85794

MR/DD SERVICES

85795

The foregoing appropriation item 415-404, MR/DD Services,	85796
shall be used as state matching funds to provide vocational	85797
rehabilitation services to mutually eligible clients between the	85798
Rehabilitation Services Commission and the Department of Mental	85799
Retardation and Developmental Disabilities. The Rehabilitation	85800
Services Commission shall report to the Department of Mental	85801
Retardation and Developmental Disabilities, as outlined in an	85802
interagency agreement, on the number and status of mutually	85803
eligible clients and the status of the funds and expenditures for	85804
these clients.	85805

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

85806

The foregoing appropriation item 415-405, Vocational	85807
Rehabilitation/Job and Family Services, shall be used as state	85808
matching funds to provide vocational rehabilitation services to	85809
mutually eligible clients between the Rehabilitation Services	85810
Commission and the Department of Job and Family Services. The	85811
Rehabilitation Services Commission shall report to the Department	85812
of Job and Family Services, as outlined in an interagency	85813
agreement, on the number and status of mutually eligible clients	85814
and the status of the funds and expenditures for these clients.	85815

ASSISTIVE TECHNOLOGY

85816

The foregoing appropriation item 415-406, Assistive	85817
Technology, shall be provided to Assistive Technology of Ohio and	85818
shall be used only to provide grants under that program. No amount	85819
of the appropriation may be used for administrative costs.	85820

OFFICE FOR PEOPLE WITH BRAIN INJURY

85821

Of the foregoing appropriation item 415-431, Office for	85822
People with Brain Injury, $50,000 in each fiscal year shall be	85823
used for the state match for a federal grant awarded through the	85824
Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000	85825
in fiscal year 2006 and up to $50,000 in fiscal year 2007 shall be	85826
provided to the Brain Injury Trust Fund. The remaining	85827
appropriation shall be used to plan and coordinate	85828
head-injury-related services provided by state agencies and other	85829
government or private entities, to assess the needs for such	85830
services, and to set priorities in this area.	85831

SERVICES FOR THE DEAF

85832

The foregoing appropriation item 415-508, Services for the	85833
Deaf, shall be used to supplement Social Security reimbursement	85834
funds used to provide grants to community centers for the deaf.	85835
These funds shall not be used in lieu of Social Security	85836
reimbursement funds.	85837

SERVICES FOR THE ELDERLY

85838

The foregoing appropriation item 415-509, Services for the	85839
Elderly, shall be used as matching funds for vocational	85840
rehabilitation services for eligible elderly citizens with a	85841
disability.	85842

INDEPENDENT LIVING SERVICES

85843

The foregoing appropriation items 415-520, Independent Living	85844
Services, and 415-612, Federal - Independent Living Centers or	85845
Services, shall be used to support state independent living	85846
centers or independent living services under Title VII of the	85847
Independent Living Services and Centers for Independent Living of	85848
the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	85849
U.S.C. 796d.	85850

PROGRAM MANAGEMENT EXPENSES

85851

The foregoing appropriation item 415-606, Program Management	85852
Expenses, shall be used to support the administrative functions of	85853
the commission related to the provision of vocational	85854
rehabilitation, disability determination services, and ancillary	85855
programs.	85856

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

85857

The foregoing appropriation item 415-617, Independent	85858
Living/Vocational Rehabilitation Programs, shall be used to	85859
support vocational rehabilitation programs, including, but not	85860
limited to, high tech high schools, training, and brain injury	85861
grants.	85862

SOCIAL SECURITY REIMBURSEMENT FUNDS

85863

Reimbursement funds received from the Social Security	85864
Administration, United States Department of Health and Human	85865
Services, for the costs of providing services and training to	85866
return disability recipients to gainful employment shall be used	85867
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	85868

(A) Appropriation item 415-601, Social Security Personal Care	85869
Assistance, to provide personal care services in accordance with	85870
section 3304.41 of the Revised Code;	85871

(B) Appropriation item 415-605, Social Security Community	85872
Centers for the Deaf, to provide grants to community centers for	85873
the deaf in Ohio for services to individuals with hearing	85874
impairments;	85875

(C) Appropriation item 415-607, Social Security	85876
Administration Cost, to provide administrative services needed to	85877
administer the Social Security reimbursement program;	85878

(D) Appropriation item 415-608, Social Security Special	85879
Programs/Assistance, to provide vocational rehabilitation services	85880
to individuals with severe disabilities who are Social Security	85881
beneficiaries, to enable them to achieve competitive employment.	85882
This appropriation item also includes funds to assist the Personal	85883
Care Assistance, Community Centers for the Deaf, and Independent	85884
Living Programs to pay their share of indirect costs as mandated	85885
by federal OMB Circular A-87.	85886

(E) Appropriation item 415-610, Social Security Vocational	85887
Rehabilitation, to provide vocational rehabilitation services to	85888
older blind individuals with severe disabilities to enable them to	85889
achieve a noncompetitive employment goal.	85890

PILOT PROGRAM FOR VOCATIONAL REHABILITATION

85891

During fiscal years 2006 and 2007, the Rehabilitation	85892
Services Commission may conduct a pilot program to provide	85893
vocational rehabilitation and related services to entities,	85894
employers, or individuals that are not eligible for state- or	85895
federally-supported services through the commission. The	85896
commission shall propose fees to be collected from the entities,	85897
employers, or individuals served by the pilot program to support	85898
the costs for vocational rehabilitation and related services	85899
provided under the pilot program. Fee revenues collected under the	85900
program shall be credited to Fund 468 (Third Party Funding).	85901
During implementation of the pilot program, the Rehabilitation	85902
Services Commission shall investigate and determine the	85903
possibility of utilizing this source of revenue to match federal	85904
funds. The Rehabilitation Services Commission shall evaluate the	85905
progress of the pilot program and issue a report of its findings	85906
to the Governor not later than December 15, 2007. The report shall	85907
include a recommendation to either continue or discontinue the	85908
pilot program in the next biennium.	85909

Section 209.75. RCB RESPIRATORY CARE BOARD

85910

General Services Fund Group

85911

4K9	872-609	Operating Expenses	$	441,987	$	0	85912
TOTAL GSF General Services							85913
Fund Group			$	441,987	$	0	85914
TOTAL ALL BUDGET FUND GROUPS			$	441,987	$	0	85915

Section 209.78. REVENUE DISTRIBUTION FUNDS

85917

Volunteer Firefighters' Dependents Fund

85918

085	800-900	Volunteer Firefighters' Dependents Fund	$	280,000	$	280,000	85919
TOTAL 085 Volunteer Firefighters'							85920
Dependents Fund			$	280,000	$	280,000	85921
Agency Fund Group							85922
062	110-900	Resort Area Excise Tax	$	1,000,000	$	1,075,000	85923
063	110-900	Permissive Tax Distribution	$	1,627,628,631	$	1,706,969,960	85924
067	110-900	School District Income Tax	$	185,000,000	$	195,000,000	85925
4P8	001-698	Cash Management Improvement Fund	$	2,500,000	$	3,000,000	85926
608	001-699	Investment Earnings	$	85,000,000	$	85,000,000	85927
TOTAL AGY Agency Fund Group			$	1,901,128,631	$	1,991,044,960	85928

Holding Account Redistribution

85929

R45	110-617	International Fuel Tax Distribution	$	6,292,029	$	0	85930
TOTAL 090 Holding Account Redistribution Fund			$	6,292,029	$	0	85931
Revenue Distribution Fund Group							85932
049	038-900	Indigent Drivers Alcohol Treatment	$	1,865,000	$	1,865,000	85933
050	762-900	International Registration Plan Distribution	$	55,000,000	$	55,000,000	85934
051	762-901	Auto Registration Distribution	$	475,000,000	$	475,000,000	85935
054	110-900	Local Government Property Tax Replacement - Utility	$	90,000,000	$	90,000,000	85936
060	110-900	Gasoline Excise Tax Fund	$	325,000,000	$	349,000,000	85937
064	110-900	Local Government Revenue Assistance	$	83,754,100	$	77,384,100	85938
065	110-900	Library/Local Government Support Fund	$	444,372,980	$	435,584,650	85939
066	800-900	Undivided Liquor Permits	$	14,300,000	$	14,300,000	85940
068	110-900	State and Local Government Highway Distribution	$	231,076,000	$	235,542,000	85941
069	110-900	Local Government Fund	$	615,354,000	$	586,855,299	85942
081	110-900	Local Government Property Tax Replacement-Business	$	20,490,000	$	154,290,000	85943
082	110-900	Horse Racing Tax	$	130,000	$	130,000	85944
083	700-900	Ohio Fairs Fund	$	2,450,000	$	2,450,000	85945
TOTAL RDF Revenue Distribution							85946
Fund Group			$	2,358,792,080	$	2,477,401,049	85947
TOTAL ALL BUDGET FUND GROUPS			$	4,266,492,740	$	4,468,726,009	85948

ADDITIONAL APPROPRIATIONS

85949

Appropriation items in this section shall be used for the	85950
purpose of administering and distributing the designated revenue	85951
distribution funds according to the Revised Code. If it is	85952
determined that additional appropriations are necessary for this	85953
purpose, such amounts are appropriated.	85954

Section 209.78.03. GENERAL REVENUE FUND TRANSFERS TO LOCAL	85955
GOVERNMENT PROPERTY TAX REPLACEMENT – BUSINESS (FUND 081)	85956

Notwithstanding any provision of law to the contrary, the	85957
Director of Budget and Management shall transfer $4,290,000 in	85958
fiscal year 2006 and $30,090,000 in fiscal year 2007 from the	85959
General Revenue Fund to appropriation item 110-900, Local	85960
Government Property Tax Replacement – Business (Fund 081) in the	85961
Revenue Distribution Fund. The funds shall be used to reimburse	85962
local taxing units under section 5751.22 of the Revised Code.	85963

Section 209.81. SAN BOARD OF SANITARIAN REGISTRATION

85964

General Services Fund Group

85965

4K9	893-609	Operating Expenses	$	134,279	$	0	85966
TOTAL GSF General Services							85967
Fund Group			$	134,279	$	0	85968
TOTAL ALL BUDGET FUND GROUPS			$	134,279	$	0	85969

Section 209.84. OSB OHIO STATE SCHOOL FOR THE BLIND

85971

General Revenue Fund

85972

GRF	226-100	Personal Services	$	6,469,841	$	6,594,261	85973
GRF	226-200	Maintenance	$	704,162	$	704,162	85974
GRF	226-300	Equipment	$	113,289	$	113,289	85975
TOTAL GRF General Revenue Fund			$	7,287,292	$	7,411,712	85976

General Services Fund Group

85977

4H8	226-602	Education Reform Grants	$	21,620	$	21,620	85978
TOTAL GSF General Services							85979
Fund Group			$	21,620	$	21,620	85980

Federal Special Revenue Fund Group

85981

3P5	226-643	Medicaid Professional Services Reimbursement	$	180,000	$	210,000	85982
310	226-626	Coordinating Unit	$	1,639,000	$	1,639,000	85983
TOTAL FED Federal Special							85984
Revenue Fund Group			$	1,819,000	$	1,849,000	85985

State Special Revenue Fund Group

85986

4M5	226-601	Student Activity and Work Study	$	217,397	$	217,397	85987
TOTAL SSR State Special Revenue							85988
Fund Group			$	217,397	$	217,397	85989
TOTAL ALL BUDGET FUND GROUPS			$	9,345,309	$	9,499,729	85990

Section 209.87. OSD OHIO STATE SCHOOL FOR THE DEAF

85992

General Revenue Fund

85993

GRF	221-100	Personal Services	$	8,401,704	$	8,401,704	85994
GRF	221-200	Maintenance	$	1,032,751	$	1,032,751	85995
GRF	221-300	Equipment	$	222,500	$	222,500	85996
TOTAL GRF General Revenue Fund			$	9,656,955	$	9,656,955	85997

General Services Fund Group

85998

4M1	221-602	Education Reform Grants	$	27,575	$	27,575	85999
TOTAL GSF General Services							86000
Fund Group			$	27,575	$	27,575	86001

Federal Special Revenue Fund Group

86002

3AD	221-604	VREAL Ohio	$	1,000,000	$	1,000,000	86003
3R0	221-684	Medicaid Professional	$	35,000	$	35,000	86004
		Services Reimbursement					86005
3Y1	221-686	Early Childhood Grant	$	250,000	$	250,000	86006
311	221-625	Coordinating Unit	$	1,062,426	$	1,062,426	86007
TOTAL FED Federal Special							86008
Revenue Fund Group			$	2,347,426	$	2,347,426	86009

State Special Revenue Fund Group

86010

4M0	221-601	Educational Program	$	32,688	$	32,688	86011
		Expenses					86012
5H6	221-609	Even Start Fees & Gifts	$	59,800	$	59,800	86013
TOTAL SSR State Special Revenue							86014
Fund Group			$	92,488	$	92,488	86015
TOTAL ALL BUDGET FUND GROUPS			$	12,124,444	$	12,124,444	86016

EQUIPMENT

86017

Of the foregoing appropriation item 221-300, Equipment, up to	86018
$15,000 in fiscal year 2006 may be used by the Ohio School for the	86019
Deaf to purchase software for the documentation and tracking of	86020
students for increased accountability and data analysis for	86021
quality instruction.	86022

Section 209.90. SFC SCHOOL FACILITIES COMMISSION

86023

General Revenue Fund

86024

GRF	230-428	Lease Rental Payments	$	31,691,700	$	31,603,200	86025
GRF	230-908	Common Schools General Obligation Debt Service	$	188,724,700	$	224,911,500	86026
TOTAL GRF General Revenue Fund			$	220,416,400	$	256,514,700	86027

State Special Revenue Fund Group

86028

5E3	230-644	Operating Expenses	$	7,319,617	$	7,691,485	86029
TOTAL SSR State Special Revenue							86030
Fund Group			$	7,319,617	$	7,691,485	86031

Lottery Profits Education Fund Group

86032

020	230-620	Career-Tech School Building Assistance	$	2,000,000	$	2,000,000	86033
TOTAL LPE Lottery Profits							86034
Education Fund Group			$	2,000,000	$	2,000,000	86035
TOTAL ALL BUDGET FUND GROUPS			$	229,736,017	$	266,206,185	86036

Section 209.90.03. LEASE RENTAL PAYMENTS

86038

The foregoing appropriation item 230-428, Lease Rental	86039
Payments, shall be used to meet all payments at the times they are	86040
required to be made during the period from July 1, 2005, to June	86041
30, 2007, by the School Facilities Commission under leases and	86042
agreements made under section 3318.26 of the Revised Code, but	86043
limited to the aggregate amount of $63,294,900. Nothing in this	86044
act shall be deemed to contravene the obligation of the state to	86045
pay, without necessity for further appropriation, from the sources	86046
pledged thereto, the bond service charges on obligations issued	86047
under Chapter 3318. of the Revised Code.	86048

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

86049

The foregoing appropriation item 230-908, Common Schools	86050
General Obligation Debt Service, shall be used to pay all debt	86051
service and related financing costs at the times they are required	86052
to be made under sections 151.01 and 151.03 of the Revised Code	86053
during the period from July 1, 2005, to June 30, 2007. The Office	86054
of the Sinking Fund or the Director of Budget and Management shall	86055
effectuate the required payments by an intrastate transfer	86056
voucher.	86057

OPERATING EXPENSES

86058

The foregoing appropriation item 230-644, Operating Expenses,	86059
shall be used by the Ohio School Facilities Commission to carry	86060
out its responsibilities under this section and Chapter 3318. of	86061
the Revised Code.	86062

In both fiscal years 2006 and 2007, the Executive Director of	86063
the Ohio School Facilities Commission shall certify on a quarterly	86064
basis to the Director of Budget and Management the amount of cash	86065
from interest earnings to be transferred from the School Building	86066
Assistance Fund (Fund 032), the Public School Building Fund (Fund	86067
021), and the Educational Facilities Trust Fund (Fund N87) to the	86068
Ohio School Facilities Commission Fund (Fund 5E3). The amount	86069
transferred may not exceed investment earnings credited to the	86070
School Building Assistance Fund (Fund 032), less any amount	86071
required to be paid for federal arbitage rebate purposes.	86072

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

86073

At the request of the Executive Director of the Ohio School	86074
Facilities Commission, the Director of Budget and Management may	86075
cancel encumbrances for school district projects from a previous	86076
biennium if the district has not raised its local share of project	86077
costs within one year of receiving Controlling Board approval	86078
under section 3318.05 of the Revised Code. The Executive Director	86079
of the Ohio School Facilities Commission shall certify the amounts	86080
of the canceled encumbrances to the Director of Budget and	86081
Management on a quarterly basis. The amounts of the canceled	86082
encumbrances are hereby appropriated.	86083

Section 209.90.06. EXTREME ENVIRONMENTAL CONTAMINATION OF	86084
SCHOOL FACILITIES	86085

Notwithstanding any other provision of law to the contrary,	86086
the School Facilities Commission may provide assistance under the	86087
Exceptional Needs School Facilities Program established in section	86088
3318.37 of the Revised Code to any school district, and not	86089
exclusively to a school district in the lowest fifty per cent of	86090
adjusted valuation per pupil on the current ranking of school	86091
districts established under section 3317.02 of the Revised Code,	86092
for the purpose of the relocation or replacement of school	86093
facilities required as a result of extreme environmental	86094
contamination.	86095

The School Facilities Commission shall contract with an	86096
independent environmental consultant to conduct a study and to	86097
report to the commission as to the seriousness of the	86098
environmental contamination, whether the contamination violates	86099
applicable state and federal standards, and whether the facilities	86100
are no longer suitable for use as school facilities. The	86101
commission then shall make a determination regarding funding for	86102
the relocation or replacement of the school facilities. If the	86103
federal government or other public or private entity provides	86104
funds for restitution of costs incurred by the state or school	86105
district in the relocation or replacement of the school	86106
facilities, the school district shall use such funds in excess of	86107
the school district's share to refund the state for the state's	86108
contribution to the environmental contamination portion of the	86109
project. The school district may apply an amount of such	86110
restitution funds up to an amount equal to the school district's	86111
portion of the project, as defined by the commission, toward	86112
paying its portion of that project to reduce the amount of bonds	86113
the school district otherwise must issue to receive state	86114
assistance under sections 3318.01 to 3318.20 of the Revised Code.	86115

Section 209.90.09. CANTON CITY SCHOOL DISTRICT PROJECT

86116

(A) The Ohio School Facilities Commission may commit up to	86117
thirty-five million dollars to the Canton City School District for	86118
construction of a facility described in this section, in lieu of a	86119
high school that would otherwise be authorized under Chapter 3318.	86120
of the Revised Code. The Commission shall not commit funds under	86121
this section unless all of the following conditions are met:	86122

(1) The District has entered into a cooperative agreement	86123
with a state-assisted technical college.	86124

(2) The District has received an irrevocable commitment of	86125
additional funding from nonpublic sources.	86126

(3) The facility is intended to serve both secondary and	86127
postsecondary instructional purposes.	86128

(B) The Commission shall enter into an agreement with the	86129
District for the construction of the facility authorized under	86130
this section that is separate from and in addition to the	86131
agreement required for the District's participation in the	86132
Classroom Facilities Assistance Program under section 3318.08 of	86133
the Revised Code. Notwithstanding that section and sections	86134
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	86135
agreement shall provide, but not be limited to, the following:	86136

(1) The Commission shall not have any oversight	86137
responsibilities over the construction of the facility.	86138

(2) The facility need not comply with the specifications for	86139
plans and materials for high schools adopted by the Commission.	86140

(3) The Commission may decrease the basic project cost that	86141
would otherwise be calculated for a high school under Chapter	86142
3318. of the Revised Code.	86143

(4) The state shall not share in any increases in the basic	86144
project cost for the facility above the amount authorized under	86145
this section.	86146

All other provisions of Chapter 3318. of the Revised Code	86147
apply to the approval and construction of a facility authorized	86148
under this section.	86149

The state funds committed to the facility authorized by this	86150
section shall be part of the total amount the state commits to the	86151
Canton City School District under Chapter 3318. of the Revised	86152
Code. All additional state funds committed to the Canton City	86153
School District for classroom facilities assistance shall be	86154
subject to all provisions of Chapter 3318. of the Revised Code.	86155

Section 209.93. SOS SECRETARY OF STATE

86156

General Revenue Fund

86157

GRF	050-321	Operating Expenses	$	2,585,000	$	2,585,000	86158
GRF	050-403	Election Statistics	$	103,936	$	103,936	86159
GRF	050-407	Pollworkers Training	$	277,997	$	277,997	86160
GRF	050-409	Litigation Expenditures	$	4,652	$	4,652	86161
TOTAL GRF General Revenue Fund			$	2,971,585	$	2,971,585	86162

General Services Fund Group

86163

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	86164
412	050-609	Notary Commission	$	685,250	$	685,249	86165
413	050-601	Information Systems	$	169,955	$	169,955	86166
414	050-602	Citizen Education Fund	$	75,700	$	55,712	86167
TOTAL General Services Fund Group			$	938,105	$	918,116	86168

Federal Special Revenue Fund Group

86169

3AS	050-616	2005 HAVA Voting Machines	$	37,436,203	$	0	86170
3X4	050-612	Ohio Center/Law Related Educational Grant	$	41,000	$	41,000	86171
TOTAL FED Federal Special Revenue							86172
Fund Group			$	37,477,203	$	41,000	86173

State Special Revenue Fund Group

86174

5N9	050-607	Technology Improvements	$	129,565	$	129,565	86175
599	050-603	Business Services Operating Expenses	$	13,741,745	$	13,761,734	86176
TOTAL SSR State Special Revenue							86177
Fund Group			$	13,871,310	$	13,891,299	86178

Holding Account Redistribution Fund Group

86179

R01	050-605	Uniform Commercial Code Refunds	$	65,000	$	65,000	86180
R02	050-606	Corporate/Business Filing Refunds	$	100,000	$	100,000	86181
TOTAL 090 Holding Account							86182
Redistribution Fund Group			$	165,000	$	165,000	86183
TOTAL ALL BUDGET FUND GROUPS			$	55,423,203	$	17,987,000	86184

BOARD OF VOTING MACHINE EXAMINERS

86185

The foregoing appropriation item 050-610, Board of Voting	86186
Machine Examiners, shall be used to pay for the services and	86187
expenses of the members of the Board of Voting Machine Examiners,	86188
and for other expenses that are authorized to be paid from the	86189
Board of Voting Machine Examiners Fund, which is created in	86190
section 3506.05 of the Revised Code. Moneys not used shall be	86191
returned to the person or entity submitting the equipment for	86192
examination. If it is determined that additional appropriations	86193
are necessary, such amounts are appropriated.	86194

HOLDING ACCOUNT REDISTRIBUTION GROUP

86195

The foregoing appropriation items 050-605 and 050-606,	86196
Holding Account Redistribution Fund Group, shall be used to hold	86197
revenues until they are directed to the appropriate accounts or	86198
until they are refunded. If it is determined that additional	86199
appropriations are necessary, such amounts are appropriated.	86200

Section 209.96. SEN THE OHIO SENATE

86201

General Revenue Fund

86202

GRF	020-321		Operating Expenses		$	11,546,357		$	11,661,821		86203
TOTAL GRF General Revenue Fund					$	11,546,357		$	11,661,821		86204

General Services Fund Group

86205

102	020-602	Senate Reimbursement	$	444,025	$	444,025	86206
409	020-601	Miscellaneous Sales	$	34,155	$	34,155	86207
TOTAL GSF General Services							86208
Fund Group			$	478,180	$	478,180	86209
TOTAL ALL BUDGET FUND GROUPS			$	12,024,537	$	12,140,001	86210

OPERATING EXPENSES

86211

On July 1, 2005, or as soon as possible thereafter, the Clerk	86212
of the Senate shall certify to the Director of Budget and	86213
Management the total fiscal year 2005 unencumbered appropriations	86214
in appropriation item 020-321, Operating Expenses. The Clerk may	86215
direct the Director of Budget and Management to transfer an amount	86216
not to exceed the total fiscal year 2005 unencumbered	86217
appropriations to fiscal year 2006 for use within appropriation	86218
item 020-321, Operating Expenses. Additional appropriation	86219
authority equal to the amount certified by the Clerk is hereby	86220
appropriated to appropriation item 020-321, Operating Expenses, in	86221
fiscal year 2006.	86222

On July 1, 2006, or as soon as possible thereafter, the Clerk	86223
of the Senate shall certify to the Director of Budget and	86224
Management the total fiscal year 2006 unencumbered appropriations	86225
in appropriation item 020-321, Operating Expenses. The Clerk may	86226
direct the Director of Budget and Management to transfer an amount	86227
not to exceed the total fiscal year 2006 unencumbered	86228
appropriations to fiscal year 2007 for use within appropriation	86229
item 020-321, Operating Expenses. Additional appropriation	86230
authority equal to the amount certified by the Clerk is hereby	86231
appropriated to appropriation item 020-321, Operating Expenses, in	86232
fiscal year 2007.	86233

Section 209.99. CSF COMMISSIONERS OF THE SINKING FUND

86234

Debt Service Fund Group

86235

072	155-902	Highway Capital Improvements Bond Retirement Fund	$	180,620,600	$	196,464,900	86236
073	155-903	Natural Resources Bond Retirement Fund	$	26,166,000	$	24,659,100	86237
074	155-904	Conservation Projects Bond Service Fund	$	14,687,300	$	17,668,800	86238
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,071,100	$	8,980,800	86239
077	155-907	State Capital Improvements Bond Retirement Fund	$	163,131,400	$	174,545,100	86240
078	155-908	Common Schools Bond Retirement Fund	$	200,724,700	$	236,911,500	86241
079	155-909	Higher Education Bond Retirement Fund	$	140,600,300	$	158,114,100	86242
TOTAL DSF Debt Service Fund Group			$	733,001,400	$	817,344,300	86243
TOTAL ALL BUDGET FUND GROUPS			$	733,001,400	$	817,344,300	86244

ADDITIONAL APPROPRIATIONS

86245

Appropriation items in this section are for the purpose of	86246
paying debt service and financing costs on bonds or notes of the	86247
state issued under the Ohio Constitution and acts of the General	86248
Assembly. If it is determined that additional appropriations are	86249
necessary for this purpose, such amounts are appropriated.	86250

COMMISSIONER OF THE SINKING FUND HIGHWAY BOND TRANSFER	86251
AUTHORIZATION	86252

Notwithstanding any other provision of law to the contrary,	86253
the Commissioners of the Sinking Fund shall certify to the	86254
Director of Budget and Management, and the director shall then	86255
transfer, the cash balance remaining after provision for the	86256
payment of all outstanding bonds, notes, coupons, and charges from	86257
the Highway Obligation Bond Retirement Fund (Fund 071) to the	86258
Highway Capital Improvements Bond Service Fund (Fund 072), created	86259
by section 151.06 of the Revised Code, as expeditiously as	86260
possible after the effective date of this section.	86261

Section 212.03. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	86262
AUDIOLOGY	86263

General Services Fund Group

86264

4K9	886-609	Operating Expenses	$	408,864	$	0	86265
TOTAL GSF General Services							86266
Fund Group			$	408,864	$	0	86267
TOTAL ALL BUDGET FUND GROUPS			$	408,864	$	0	86268

Section 212.06. BTA BOARD OF TAX APPEALS

86270

General Revenue Fund

86271

GRF	116-321	Operating Expenses	$	2,155,055	$	2,211,035	86272
TOTAL GRF General Revenue Fund			$	2,155,055	$	2,211,035	86273
TOTAL ALL BUDGET FUND GROUPS			$	2,155,055	$	2,211,035	86274

Section 212.09. TAX DEPARTMENT OF TAXATION

86276

General Revenue Fund

86277

GRF	110-321	Operating Expenses	$	91,439,754	$	91,439,754	86278
GRF	110-412	Child Support Administration	$	71,988	$	71,988	86279
GRF	110-901	Property Tax Allocation - Taxation	$	430,102,680	$	409,946,241	86280
GRF	110-906	Tangible Tax Exemption - Taxation	$	18,355,923	$	13,766,942	86281
TOTAL GRF General Revenue Fund			$	539,970,345	$	515,224,925	86282

Agency Fund Group

86283

095	110-901	Municipal Income Tax	$	21,000,000	$	21,000,000	86284
425	110-635	Tax Refunds	$	1,483,900,000	$	1,582,700,000	86285
TOTAL AGY Agency Fund Group			$	1,504,900,000	$	1,603,700,000	86286

General Services Fund Group

86287

228	110-628	Tax Reform System Implementation	$	7,000,000	$	7,000,000	86288
433	110-602	Tape File Account	$	96,165	$	96,165	86289
5BW	110-630	Tax Amnesty Promotion and Administration	$	2,000,000	$	0	86290
5W4	110-625	Centralized Tax Filing and Payment	$	2,500,000	$	2,000,000	86291
5W7	110-627	Exempt Facility Administration	$	36,000	$	36,000	86292
TOTAL GSF General Services							86293
Fund Group			$	11,632,165	$	9,132,165	86294

Federal Special Revenue Fund Group

86295

3J6	110-601	Motor Fuel Compliance	$	25,000	$	25,000	86296
TOTAL FED Federal Special Revenue							86297
Fund Group			$	25,000	$	25,000	86298

State Special Revenue Fund Group

86299

4C6	110-616	International Registration Plan	$	706,855	$	706,855	86300
4R6	110-610	Tire Tax Administration	$	65,000	$	65,000	86301
435	110-607	Local Tax Administration	$	15,880,987	$	16,394,879	86302
436	110-608	Motor Vehicle Audit	$	1,350,000	$	1,350,000	86303
437	110-606	Litter Tax and Natural Resource Tax Administration	$	625,232	$	625,232	86304
438	110-609	School District Income Tax	$	2,599,999	$	2,599,999	86305
5BQ	110-629	Commercial Activity Tax Administration	$	6,000,000	$	500,000	86306
5N5	110-605	Municipal Income Tax Administration	$	265,000	$	265,000	86307
5N6	110-618	Kilowatt Hour Tax Administration	$	85,000	$	85,000	86308
5V7	110-622	Motor Fuel Tax Administration	$	4,268,345	$	4,397,263	86309
5V8	110-623	Property Tax Administration	$	12,758,643	$	12,967,102	86310
639	110-614	Cigarette Tax Enforcement	$	168,925	$	168,925	86311
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	86312
688	110-615	Local Excise Tax Administration	$	300,000	$	300,000	86313
TOTAL SSR State Special Revenue							86314
Fund Group			$	45,673,986	$	41,025,255	86315

Holding Account Redistribution Fund Group

86316

R10	110-611	Tax Distributions	$	50,000	$	50,000	86317
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	86318
TOTAL 090 Holding Account							86319
Redistribution Fund Group			$	100,000	$	100,000	86320
TOTAL ALL BUDGET FUND GROUPS			$	2,102,301,496	$	2,169,207,345	86321

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	86322
EXEMPTION	86323

The foregoing appropriation item 110-901, Property Tax	86324
Allocation - Taxation, is hereby appropriated to pay for the	86325
state's costs incurred because of the Homestead Exemption, the	86326
Manufactured Home Property Tax Rollback, and the Property Tax	86327
Rollback. The Tax Commissioner shall distribute these funds	86328
directly to the appropriate local taxing districts, except for	86329
school districts, notwithstanding the provisions in sections	86330
321.24 and 323.156 of the Revised Code, which provide for payment	86331
of the Homestead Exemption, the Manufactured Home Property Tax	86332
Rollback, and Property Tax Rollback by the Tax Commissioner to the	86333
appropriate county treasurer and the subsequent redistribution of	86334
these funds to the appropriate local taxing districts by the	86335
county auditor.	86336

The foregoing appropriation item 110-906, Tangible Tax	86337
Exemption - Taxation, is hereby appropriated to pay for the	86338
state's costs incurred because of the tangible personal property	86339
tax exemption required by division (C)(3) of section 5709.01 of	86340
the Revised Code. The Tax Commissioner shall distribute to each	86341
county treasurer the total amount appearing in the notification	86342
from the county treasurer under division (G) of section 321.24 of	86343
the Revised Code for all local taxing districts located in the	86344
county except for school districts, notwithstanding the provision	86345
in section 321.24 of the Revised Code which provides for payment	86346
of the $10,000 tangible personal property tax exemption by the Tax	86347
Commissioner to the appropriate county treasurer for all local	86348
taxing districts located in the county including school districts.	86349
The county auditor shall distribute the amount paid by the Tax	86350
Commissioner among the appropriate local taxing districts except	86351
for school districts under division (G) of section 321.24 of the	86352
Revised Code.	86353

Upon receipt of these amounts, each local taxing district	86354
shall distribute the amount among the proper funds as if it had	86355
been paid as real or tangible personal property taxes. Payments	86356
for the costs of administration shall continue to be paid to the	86357
county treasurer and county auditor as provided for in sections	86358
319.54, 321.26, and 323.156 of the Revised Code.	86359

Any sums, in addition to the amounts specifically	86360
appropriated in appropriation items 110-901, Property Tax	86361
Allocation - Taxation, for the Homestead Exemption, the	86362
Manufactured Home Property Tax Rollback, and the Property Tax	86363
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	86364
for the $10,000 tangible personal property tax exemption payments,	86365
which are determined to be necessary for these purposes, are	86366
hereby appropriated.	86367

MUNICIPAL INCOME TAX

86368

The foregoing appropriation item 110-901, Municipal Income	86369
Tax, shall be used to make payments to municipal corporations	86370
under section 5745.05 of the Revised Code. If it is determined	86371
that additional appropriations are necessary to make these	86372
payments, such amounts are hereby appropriated.	86373

TAX REFUNDS

86374

The foregoing appropriation item 110-635, Tax Refunds, shall	86375
be used to pay refunds under section 5703.052 of the Revised Code.	86376
If it is determined that additional appropriations are necessary	86377
for this purpose, such amounts are hereby appropriated.	86378

TAX REFORM SYSTEM IMPLEMENTATION FUND

86379

Notwithstanding section 3734.9010, division (B)(2)(c) of	86380
section 4505.09, division (B) of section 5703.12, section 5703.80,	86381
division (C)(6) of section 5727.81, sections 5733.122 and	86382
5735.053, division (C) of section 5739.21, section 5745.03,	86383
division (C) of section 5747.03, and section 5747.113 of the	86384
Revised Code and any other statutory provision to the contrary,	86385
any residual cash balances determined and certified by the Tax	86386
Commissioner to the Director of Budget and Management shall be	86387
transferred on July 1, 2005, or as soon as possible thereafter, to	86388
the Tax Reform System Implementation Fund (Fund 228), which is	86389
hereby created in the State Treasury. The fund shall be used to	86390
pay expenses incurred by the Department of Taxation in providing	86391
an integrated tax system that will accommodate the needs of tax	86392
reform and allow for improved customer service, processing	86393
efficiency, compliance enforcement, and reporting.	86394

INTERNATIONAL REGISTRATION PLAN AUDIT

86395

The foregoing appropriation item 110-616, International	86396
Registration Plan, shall be used under section 5703.12 of the	86397
Revised Code for audits of persons with vehicles registered under	86398
the International Registration Plan.	86399

TRAVEL EXPENSES FOR THE STREAMLINED SALES TAX PROJECT

86400

Of the foregoing appropriation item 110-607, Local Tax	86401
Administration, the Tax Commissioner may disburse funds, if	86402
available, for the purposes of paying travel expenses incurred by	86403
members of Ohio's delegation to the Streamlined Sales Tax Project,	86404
as appointed under section 5740.02 of the Revised Code. Any travel	86405
expense reimbursement paid for by the Department of Taxation shall	86406
be done in accordance with applicable state laws and guidelines.	86407

LITTER CONTROL TAX ADMINISTRATION FUND

86408

Notwithstanding section 5733.12 of the Revised Code, during	86409
the period from July 1, 2005, to June 30, 2006, the amount of	86410
$625,232, and during the period from July 1, 2006, to June 30,	86411
2007, the amount of $625,232, received by the Tax Commissioner	86412
under Chapter 5733. of the Revised Code, shall be credited to the	86413
Litter Control Tax Administration Fund (Fund 437).	86414

TAX AMNESTY PROMOTION AND ADMINISTRATION

86415

The foregoing appropriation item 110-630, Tax Amnesty	86416
Promotion and Administration, shall be used to pay expenses	86417
incurred to promote and administer the tax amnesty program run	86418
from November 1, 2005, through December 15, 2005, by the	86419
Department of Taxation. The Department of Taxation and Attorney	86420
General's Office shall work in close collaboration on promotion	86421
activities in relation to the Tax Amnesty Promotion and	86422
Administration program.	86423

CENTRALIZED TAX FILING AND PAYMENT FUND

86424

The Director of Budget and Management, under a plan submitted	86425
by the Tax Commissioner, or as otherwise determined by the	86426
Director of Budget and Management, shall set a schedule to	86427
transfer cash from the General Revenue Fund to the credit of the	86428
Centralized Tax Filing and Payment Fund (Fund 5W4). The transfers	86429
of cash shall not exceed $4,500,000 in the biennium.	86430

COMMERCIAL ACTIVITY TAX ADMINISTRATION

86431

The foregoing appropriation item 110-629, Commercial Activity	86432
Tax Administration, shall be used to pay expenses incurred by the	86433
Department of Taxation to implement and administer the Commercial	86434
Activity Tax under Chapter 5751. of the Revised Code.	86435

Section 212.12. DOT DEPARTMENT OF TRANSPORTATION

86436

Transportation Modes

86437

General Revenue Fund

86438

GRF	775-451	Public Transportation - State	$	16,300,000	$	16,300,000	86439
GRF	776-465	Ohio Rail Development Commission	$	2,700,000	$	2,700,000	86440
GRF	776-466	Railroad Crossing/Grade Separation	$	789,600	$	789,600	86441
GRF	777-471	Airport Improvements - State	$	1,793,985	$	1,793,985	86442
GRF	777-473	Rickenbacker Lease Payments - State	$	594,500	$	320,300	86443
TOTAL GRF General Revenue Fund			$	22,178,085	$	21,903,885	86444

Federal Special Revenue Fund Group

86445

3B9	776-662	Rail Transportation - Federal	$	10,000	$	10,000	86446
TOTAL FSR Federal Special Revenue							86447
Fund Group			$	10,000	$	10,000	86448

State Special Revenue Fund Group

86449

4N4	776-663	Panhandle Lease Reserve Payments	$	764,400	$	764,400	86450
4N4	776-664	Rail Transportation - Other	$	2,111,500	$	2,111,500	86451
5CF	776-667	Rail Transload Facilities	$	500,000	$	0	86452
5W9	777-615	County Airport Maintenance Assistance	$	570,000	$	570,000	86453
TOTAL SSR State Special Revenue							86454
Fund Group			$	3,945,900	$	3,445,900	86455
TOTAL ALL BUDGET FUND GROUPS			$	26,133,985	$	25,359,785	86456

ELDERLY AND DISABLED FARE ASSISTANCE

86457

Of the foregoing appropriation item 775-451, Public	86458
Transportation - State, up to $6,000,000 in fiscal year 2006 and	86459
$7,000,000 in fiscal year 2007 may be used to make grants to	86460
county transit boards, regional transit authorities, regional	86461
transit commissions, counties, municipal corporations, and private	86462
nonprofit organizations that operate or will operate public	86463
transportation systems, for the purpose of reducing the transit	86464
fares of elderly or disabled persons. The Director of	86465
Transportation shall establish criteria for the distribution of	86466
these grants under division (B) of section 5501.07 of the Revised	86467
Code.	86468

AVIATION LEASE PAYMENTS

86469

The foregoing appropriation item 777-473, Rickenbacker Lease	86470
Payments - State, shall be used to meet scheduled payments for the	86471
Rickenbacker Port Authority. The Director of Transportation shall	86472
certify to the Director of Budget and Management any	86473
appropriations in appropriation item 777-473, Rickenbacker Lease	86474
Payments - State, that are not needed to make lease payments for	86475
the Rickenbacker Port Authority. Notwithstanding section 127.14 of	86476
the Revised Code, the amount certified may be transferred by the	86477
Director of Budget and Management to appropriation item 777-471,	86478
Airport Improvements - State.	86479

RAIL TRANSLOAD FACILITIES

86480

The foregoing appropriation item 776-667, Rail Transload	86481
Facilities, shall be used to fund the Rail Transload Initiative, a	86482
statewide pilot program administered by the Ohio Rail Development	86483
Commission, to provide grants to assist communities and railroads	86484
and other businesses to develop facilities that will enhance the	86485
ability of railroads to work with other transport modes to move	86486
bulk commodities more efficiently and safely.	86487

Section 212.15. TOS TREASURER OF STATE

86488

General Revenue Fund

86489

GRF	090-321	Operating Expenses	$	9,041,937	$	9,041,937	86490
GRF	090-401	Office of the Sinking	$	521,576	$	521,576	86491
		Fund					86492
GRF	090-402	Continuing Education	$	435,770	$	435,770	86493
GRF	090-524	Police and Fire	$	25,000	$	20,000	86494
		Disability Pension Fund					86495
GRF	090-534	Police & Fire Ad Hoc Cost	$	180,000	$	150,000	86496
		of Living					86497
GRF	090-554	Police and Fire Survivor	$	1,100,000	$	1,000,000	86498
		Benefits					86499
GRF	090-575	Police and Fire Death	$	20,000,000	$	20,000,000	86500
		Benefits					86501
TOTAL GRF General Revenue Fund			$	31,304,283	$	31,169,283	86502

Agency Fund Group

86503

425	090-635		Tax Refunds		$	31,000,000		$	31,000,000		86504
TOTAL Agency Fund Group					$	31,000,000		$	31,000,000		86505

General Services Fund Group

86506

4E9	090-603	Securities Lending Income	$	2,721,800	$	2,814,000	86507
577	090-605	Investment Pool	$	550,000	$	550,000	86508
		Reimbursement					86509
605	090-609	Treasurer of State	$	700,000	$	700,000	86510
		Administrative Fund					86511
TOTAL GSF General Services							86512
Fund Group			$	3,971,800	$	4,064,000	86513

State Special Revenue Fund Group

86514

5C5	090-602	County Treasurer Education	$	135,000	$	135,000	86515
TOTAL SSR State Special Revenue							86516
Fund Group			$	135,000	$	135,000	86517
TOTAL ALL BUDGET FUND GROUPS			$	66,411,083	$	66,368,283	86518

Section 212.15.03. OFFICE OF THE SINKING FUND

86520

The foregoing appropriation item 090-401, Office of the	86521
Sinking Fund, shall be used for financing and other costs incurred	86522
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	86523
Public Facilities Commission or its secretary, or the Treasurer of	86524
State, with respect to State of Ohio general obligation bonds or	86525
notes, including, but not limited to, printing, advertising,	86526
delivery, rating fees and the procurement of ratings, professional	86527
publications, membership in professional organizations, and	86528
services referred to in division (D) of section 151.01 of the	86529
Revised Code. The General Revenue Fund shall be reimbursed for	86530
such costs by intrastate transfer voucher pursuant to a	86531
certification by the Office of the Sinking Fund of the actual	86532
amounts used. The amounts necessary to make such reimbursements	86533
are appropriated from the general obligation bond retirement funds	86534
created by the Constitution and laws to the extent such costs are	86535
incurred.	86536

POLICE AND FIRE DEATH BENEFIT FUND

86537

The foregoing appropriation item 090-575, Police and Fire	86538
Death Benefits, shall be disbursed annually by the Treasurer of	86539
State at the beginning of each fiscal year to the Board of	86540
Trustees of the Ohio Police and Fire Pension Fund. By the	86541
twentieth day of June of each fiscal year, the Board of Trustees	86542
of the Ohio Police and Fire Pension Fund shall certify to the	86543
Treasurer of State the amount disbursed in the current fiscal year	86544
to make the payments required by section 742.63 of the Revised	86545
Code and shall return to the Treasurer of State moneys received	86546
from this appropriation item but not disbursed.	86547

TAX REFUNDS

86548

The foregoing appropriation item 090-635, Tax Refunds, shall	86549
be used to pay refunds under section 5703.052 of the Revised Code.	86550
If the Director of Budget and Management determines that	86551
additional amounts are necessary for this purpose, such amounts	86552
are hereby appropriated.	86553

Section 212.18. UST PETROLEUM UNDERGROUND STORAGE TANK

86554

Agency Fund Group

86555

691	810-632	PUSTRCB Staff	$	1,075,158	$	1,116,658	86556
TOTAL AGY Agency Fund Group			$	1,075,158	$	1,116,658	86557
TOTAL ALL BUDGET FUND GROUPS			$	1,075,158	$	1,116,658	86558

Section 212.21. TTA OHIO TUITION TRUST AUTHORITY

86560

State Special Revenue Fund Group

86561

5AM	095-603	Index Savings Plan	$	2,866,240	$	3,104,865	86562
5P3	095-602	Variable College Savings Fund	$	2,042,486	$	2,118,568	86563
645	095-601	Operating Expenses	$	807,260	$	891,173	86564
TOTAL SSR State Special Revenue							86565
Fund Group			$	5,715,986	$	6,114,606	86566
TOTAL ALL BUDGET FUND GROUPS			$	5,715,986	$	6,114,606	86567

Section 212.24. OVH OHIO VETERANS' HOME

86569

General Revenue Fund

86570

GRF	430-100	Personal Services	$	20,629,914	$	21,030,031	86571
GRF	430-200	Maintenance	$	6,396,200	$	6,396,200	86572
TOTAL GRF General Revenue Fund			$	27,026,114	$	27,426,231	86573

General Services Fund Group

86574

484	430-603		Rental and Service Revenue		$	882,737		$	882,737		86575
TOTAL GSF General Services Fund Group					$	882,737		$	882,737		86576

Federal Special Revenue Fund Group

86577

3L2	430-601	Federal VA Per Diem Grant	$	14,990,510	$	15,290,320	86578
TOTAL FED Federal Special Revenue							86579
Fund Group			$	14,990,510	$	15,290,320	86580

State Special Revenue Fund Group

86581

4E2	430-602	Veterans Home Operating	$	8,322,731	$	8,530,800	86582
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	86583
TOTAL SSR State Special Revenue							86584
Fund Group			$	9,092,827	$	9,300,896	86585
TOTAL ALL BUDGET FUND GROUPS			$	51,992,188	$	52,900,184	86586

Section 212.27. VET VETERANS' ORGANIZATIONS

86588

General Revenue Fund

86589

VAP AMERICAN EX-PRISONERS OF WAR

86590

GRF

743-501

State Support

25,030

86591

VAN ARMY AND NAVY UNION, USA, INC.

86592

GRF

746-501

State Support

55,012

86593

VKW KOREAN WAR VETERANS

86594

GRF

747-501

State Support

49,453

86595

VJW JEWISH WAR VETERANS

86596

GRF

748-501

State Support

29,715

86597

VCW CATHOLIC WAR VETERANS

86598

GRF

749-501

State Support

57,990

86599

VPH MILITARY ORDER OF THE PURPLE HEART

86600

GRF

750-501

State Support

56,377

86601

VVV VIETNAM VETERANS OF AMERICA

86602

GRF

751-501

State Support

185,954

86603

VAL AMERICAN LEGION OF OHIO

86604

GRF

752-501

State Support

252,328

86605

VII AMVETS

86606

GRF

753-501

State Support

237,919

86607

VAV DISABLED AMERICAN VETERANS

86608

GRF

754-501

State Support

166,308

86609

VMC MARINE CORPS LEAGUE

86610

GRF

756-501

State Support

85,972

86611

V37 37TH DIVISION AEF VETERANS' ASSOCIATION

86612

GRF

757-501

State Support

5,946

86613

VFW VETERANS OF FOREIGN WARS

86614

GRF

758-501

State Support

196,615

86615

TOTAL GRF General Revenue Fund					$	1,404,619		$	1,404,619		86616
TOTAL ALL BUDGET FUND GROUPS					$	1,404,619		$	1,404,619		86617

RELEASE OF FUNDS

86618

The foregoing appropriation items 743-501, 746-501, 747-501,	86619
748-501, 749-501, 750-501, 751-501, 752-501, 753-501, 754-501,	86620
756-501, 757-501, and 758-501, State Support, shall be released	86621
upon approval by the Director of Budget and Management.	86622

CENTRAL OHIO UNITED SERVICES ORGANIZATION

86623

Of the foregoing appropriation item 751-501, State Support,	86624
Vietnam Veterans of America, $50,000 in each fiscal year shall be	86625
used to support the activities of the Central Ohio USO.	86626

VETERANS SERVICE COMMISSION EDUCATION

86627

Of the foregoing appropriation item 753-501, State Support,	86628
AMVETS, up to $20,000 in each fiscal year may be used to provide	86629
moneys to the Association of County Veterans Service Commissioners	86630
to reimburse its member county veterans service commissions for	86631
costs incurred in carrying out educational and outreach duties	86632
required under divisions (E) and (F) of section 5901.03 of the	86633
Revised Code. The Director of Budget and Management shall release	86634
these funds upon the presentation of an itemized receipt, approved	86635
by the Governor's Office of Veterans Affairs, from the association	86636
for reasonable and appropriate expenses incurred while performing	86637
these duties. The association shall establish uniform procedures	86638
for reimbursing member commissions.	86639

Section 212.30. DVM STATE VETERINARY MEDICAL BOARD

86640

General Services Fund Group

86641

4K9	888-609	Operating Expenses	$	353,691	$	0	86642
TOTAL GSF General Services							86643
Fund Group			$	353,691	$	0	86644
TOTAL ALL BUDGET FUND GROUPS			$	353,691	$	0	86645

Section 212.33. DYS DEPARTMENT OF YOUTH SERVICES

86647

General Revenue Fund

86648

GRF	470-401	RECLAIM Ohio	$	177,016,683	$	182,084,588	86649
GRF	470-412	Lease Rental Payments	$	20,267,500	$	21,882,700	86650
GRF	470-510	Youth Services	$	18,608,587	$	18,608,587	86651
GRF	472-321	Parole Operations	$	14,358,995	$	14,962,871	86652
GRF	477-321	Administrative Operations	$	14,239,494	$	14,754,420	86653
TOTAL GRF General Revenue Fund			$	244,491,259	$	252,293,166	86654

General Services Fund Group

86655

175	470-613	Education Reimbursement	$	10,112,529	$	9,450,598	86656
4A2	470-602	Child Support	$	320,641	$	328,657	86657
4G6	470-605	General Operational Funds	$	10,000	$	10,000	86658
479	470-609	Employee Food Service	$	141,466	$	137,666	86659
523	470-621	Wellness Program	$	46,937	$	0	86660
6A5	470-616	Building Demolition	$	31,100	$	0	86661
TOTAL GSF General Services							86662
Fund Group			$	10,662,673	$	9,926,921	86663

Federal Special Revenue Fund Group

86664

3V5	470-604	Juvenile Justice/Delinquency Prevention	$	4,254,745	$	4,254,746	86665
3W0	470-611	Federal Juvenile Programs FFY 02	$	222,507	$	0	86666
3Z8	470-625	Federal Juvenile Programs FFY 04	$	1,500,001	$	773,812	86667
3Z9	470-626	Federal Juvenile Programs FFY 05	$	465,000	$	0	86668
321	470-601	Education	$	1,422,580	$	1,465,399	86669
321	470-603	Juvenile Justice Prevention	$	1,981,169	$	2,006,505	86670
321	470-606	Nutrition	$	2,471,550	$	2,470,655	86671
321	470-614	Title IV-E Reimbursements	$	4,960,589	$	6,012,361	86672
321	470-617	Americorps Programs	$	456,000	$	463,700	86673
TOTAL FED Federal Special Revenue							86674
Fund Group			$	17,734,141	$	17,447,178	86675

State Special Revenue Fund Group

86676

147	470-612	Vocational Education	$	1,937,784	$	2,009,866	86677
4W3	470-618	Help Me Grow	$	11,000	$	11,000	86678
5BH	470-628	Partnerships for Success	$	1,500,000	$	1,500,000	86679
TOTAL SSR State Special Revenue							86680
Fund Group			$	3,448,784	$	3,520,866	86681
TOTAL ALL BUDGET FUND GROUPS			$	276,336,857	$	283,188,131	86682

RECLAIM OHIO

86683

Of the foregoing appropriation item 470-401, RECLAIM Ohio,	86684
$25,000 in each fiscal year shall be distributed directly to the	86685
Lighthouse Youth Services Wrap-Around Program.	86686

OHIO BUILDING AUTHORITY LEASE PAYMENTS

86687

The foregoing appropriation item 470-412, Lease Rental	86688
Payments, in the Department of Youth Services, shall be used for	86689
payments to the Ohio Building Authority for the period from July	86690
1, 2005, to June 30, 2007, under the primary leases and agreements	86691
for facilities made under Chapter 152. of the Revised Code, but	86692
limited to the aggregate amount of $42,150,200. This appropriation	86693
is the source of funds pledged for bond service charges on related	86694
obligations issued pursuant to Chapter 152. of the Revised Code.	86695

EDUCATION REIMBURSEMENT

86696

The foregoing appropriation item 470-613, Education	86697
Reimbursement, shall be used to fund the operating expenses of	86698
providing educational services to youth supervised by the	86699
Department of Youth Services. Operating expenses include, but are	86700
not limited to, teachers' salaries, maintenance costs, and	86701
educational equipment. This appropriation item may be used for	86702
capital expenses related to the education program.	86703

EMPLOYEE FOOD SERVICE AND EQUIPMENT

86704

Notwithstanding section 125.14 of the Revised Code, the	86705
foregoing appropriation item 470-609, Employee Food Service, may	86706
be used to purchase any food operational items with funds received	86707
into the fund from reimbursement for state surplus property.	86708

PARTNERSHIPS FOR SUCCESS

86709

In fiscal year 2006, the foregoing appropriation item	86710
470-628, Partnerships for Success, shall be used to support the	86711
Partnerships for Success Project. On or before January 1, 2007,	86712
the Director of Budget and Management shall transfer any amount of	86713
cash that remains unspent in the Partnerships for Success Fund	86714
(Fund 5BH) to the Children's Trust Fund (Fund 198).	86715

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	86716
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	86717

Any business relating to the funds associated with the Office	86718
of Criminal Justice Services' appropriation item 196-602, Criminal	86719
Justice Federal Programs, commenced but not completed by the	86720
Office of Criminal Justice Services or its director shall be	86721
completed by the Department of Youth Services or its director in	86722
the same manner, and with the same effect, as if completed by the	86723
Office of Criminal Justice Services or its director. No	86724
validation, cure, right, privilege, remedy, obligation, or	86725
liability is lost or impaired by reason of the transfer and shall	86726
be administered by the Department of Youth Services.	86727

Any action or proceeding against the Office of Criminal	86728
Justice Services pending on the effective date of this section	86729
shall not be affected by the transfer of responsibility to the	86730
Department of Youth Services, and shall be prosecuted or defended	86731
in the name of the Department of Youth Services or its director.	86732
In all such actions and proceedings, the Department of Youth	86733
Services or its director upon application of the court shall be	86734
substituted as party.	86735

Section 303.03. EXPENDITURES AND APPROPRIATION INCREASES	86736
APPROVED BY THE CONTROLLING BOARD	86737

Any money that the Controlling Board approves for expenditure	86738
or any increase in appropriation authority that the Controlling	86739
Board approves under sections 127.14, 131.35, and 131.39 of the	86740
Revised Code or any other provision of law is hereby appropriated	86741
for the period ending June 30, 2007.	86742

Section 303.06. PERSONAL SERVICE EXPENSES

86743

Unless otherwise prohibited by law, any appropriation from	86744
which personal service expenses are paid shall bear the employer's	86745
share of public employees' retirement, workers' compensation,	86746
disabled workers' relief, and all group insurance programs; the	86747
costs of centralized accounting, centralized payroll processing,	86748
and related personnel reports and services; the cost of the Office	86749
of Collective Bargaining; the cost of the Personnel Board of	86750
Review; the cost of the Employee Assistance Program; the cost of	86751
the affirmative action and equal employment opportunity programs	86752
administered by the Department of Administrative Services; the	86753
costs of interagency information management infrastructure; and	86754
the cost of administering the state employee merit system as	86755
required by section 124.07 of the Revised Code. These costs shall	86756
be determined in conformity with the appropriate sections of law	86757
and paid in accordance with procedures specified by the Office of	86758
Budget and Management. Expenditures from appropriation item	86759
070-601, Public Audit Expense - Local Government, in Fund 422 may	86760
be exempted from the requirements of this section.	86761

Section 303.09. RE-ISSUANCE OF VOIDED WARRANTS

86762

In order to provide funds for the reissuance of voided	86763
warrants under section 117.47 of the Revised Code, there is hereby	86764
appropriated, out of moneys in the state treasury from the fund	86765
credited as provided in section 117.47 of the Revised Code, that	86766
amount sufficient to pay such warrants when approved by the Office	86767
of Budget and Management.	86768

Section 303.12. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	86769
AGAINST THE STATE	86770

Except as otherwise provided in this section, an	86771
appropriation in this act or any other act may be used for the	86772
purpose of satisfying judgments, settlements, or administrative	86773
awards ordered or approved by the Court of Claims or by any other	86774
court of competent jurisdiction in connection with civil actions	86775
against the state. This authorization does not apply to	86776
appropriations to be applied to or used for payment of guarantees	86777
by or on behalf of the state, or for payments under lease	86778
agreements relating to, or debt service on, bonds, notes, or other	86779
obligations of the state. Notwithstanding any other statute to the	86780
contrary, this authorization includes appropriations from funds	86781
into which proceeds of direct obligations of the state are	86782
deposited only to the extent that the judgment, settlement, or	86783
administrative award is for, or represents, capital costs for	86784
which the appropriation may otherwise be used and is consistent	86785
with the purpose for which any related obligations were issued or	86786
entered into. Nothing contained in this section is intended to	86787
subject the state to suit in any forum in which it is not	86788
otherwise subject to suit, and is not intended to waive or	86789
compromise any defense or right available to the state in any suit	86790
against it.	86791

Section 303.13. CAPITAL PROJECT SETTLEMENTS

86792

This section specifies an additional and supplemental	86793
procedure to provide for payments of judgments and settlements if	86794
the Director of Budget and Management determines, pursuant to	86795
division (C)(4) of section 2743.19 of the Revised Code, that	86796
sufficient unencumbered moneys do not exist in the particular	86797
appropriation to pay the amount of a final judgment rendered	86798
against the state or a state agency, including the settlement of a	86799
claim approved by a court, in an action upon and arising out of a	86800
contractual obligation for the construction or improvement of a	86801
capital facility if the costs under the contract were payable in	86802
whole or in part from a state capital projects appropriation. In	86803
such a case, the director may either proceed pursuant to division	86804
(C)(4) of section 2743.19 of the Revised Code or apply to the	86805
Controlling Board to increase an appropriation or create an	86806
appropriation out of any unencumbered moneys in the state treasury	86807
to the credit of the capital projects fund from which the initial	86808
state appropriation was made. The Controlling Board may approve or	86809
disapprove the application as submitted or modified. The amount of	86810
an increase in appropriation or new appropriation specified in an	86811
application approved by the Controlling Board is hereby	86812
appropriated from the applicable capital projects fund and made	86813
available for the payment of the judgment or settlement.	86814

If the director does not make the application authorized by	86815
this section or the Controlling Board disapproves the application,	86816
and the director does not make application under division (C)(4)	86817
of section 2743.19 of the Revised Code, the director shall for the	86818
purpose of making that payment make a request to the General	86819
Assembly as provided for in division (C)(5) of that section.	86820

Section 303.18. INCOME TAX DISTRIBUTION TO COUNTIES

86821

There are hereby appropriated out of any moneys in the state	86822
treasury to the credit of the General Revenue Fund, which are not	86823
otherwise appropriated, funds sufficient to make any payment	86824
required by division (B)(2) of section 5747.03 of the Revised	86825
Code.	86826

Section 303.21. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	86827
BALANCES OF OPERATING APPROPRIATIONS	86828

An unexpended balance of an operating appropriation or	86829
reappropriation that a state agency lawfully encumbered prior to	86830
the close of a fiscal year is reappropriated on the first day of	86831
July of the following fiscal year from the fund from which it was	86832
originally appropriated or reappropriated for the following period	86833
and shall remain available only for the purpose of discharging the	86834
encumbrance:	86835

(A) For an encumbrance for personal services, maintenance,	86836
equipment, or items for resale, other than an encumbrance for an	86837
item of special order manufacture not available on term contract	86838
or in the open market or for reclamation of land or oil and gas	86839
wells for a period of not more than five months from the end of	86840
the fiscal year;	86841

(B) For an encumbrance for an item of special order	86842
manufacture not available on term contract or in the open market,	86843
for a period of not more than five months from the end of the	86844
fiscal year or, with the written approval of the Director of	86845
Budget and Management, for a period of not more than twelve months	86846
from the end of the fiscal year;	86847

(C) For an encumbrance for reclamation of land or oil and gas	86848
wells, for a period ending when the encumbered appropriation is	86849
expended or for a period of two years, whichever is less;	86850

(D) For an encumbrance for any other expense, for such period	86851
as the director approves, provided such period does not exceed two	86852
years.	86853

Any operating appropriations for which unexpended balances	86854
are reappropriated beyond a five-month period from the end of the	86855
fiscal year by division (B) of this section shall be reported to	86856
the Controlling Board by the Director of Budget and Management by	86857
the thirty-first day of December of each year. The report on each	86858
such item shall include the item, the cost of the item, and the	86859
name of the vendor. The report shall be updated on a quarterly	86860
basis for encumbrances remaining open.	86861

Upon the expiration of the reappropriation period set out in	86862
divisions (A), (B), (C), or (D) of this section, a reappropriation	86863
made by this section lapses, and the Director of Budget and	86864
Management shall cancel the encumbrance of the unexpended	86865
reappropriation not later than the end of the weekend following	86866
the expiration of the reappropriation period.	86867

Notwithstanding the preceding paragraph, with the approval of	86868
the Director of Budget and Management, an unexpended balance of an	86869
encumbrance that was reappropriated on the first day of July by	86870
this section for a period specified in division (C) or (D) of this	86871
section and that remains encumbered at the close of the fiscal	86872
biennium is hereby reappropriated on the first day of July of the	86873
following fiscal biennium from the fund from which it was	86874
originally appropriated or reappropriated for the applicable	86875
period specified in division (C) or (D) of this section and shall	86876
remain available only for the purpose of discharging the	86877
encumbrance.	86878

The Director of Budget and Management may correct accounting	86879
errors committed by the staff of the Office of Budget and	86880
Management, such as re-establishing encumbrances or appropriations	86881
cancelled in error, during the cancellation of operating	86882
encumbrances in November and of non-operating encumbrances in	86883
December.	86884

If the Controlling Board approved a purchase, that approval	86885
remains in effect so long as the appropriation used to make that	86886
purchase remains encumbered.	86887

Section 306.03. UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

86888

The maximum amounts that may be assessed against nuclear	86889
electric utilities under division (B)(2) of section 4937.05 of the	86890
Revised Code are as follows:	86891

		FY 2006	FY 2007	86892
Department of Agriculture				86893
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	86894
Department of Health				86895
	Fund 610 Radiation Emergency Response	$850,000	$850,000	86896
Environmental Protection Agency				86897
	Fund 644 ER Radiological Safety	$286,114	$286,114	86898
Emergency Management Agency				86899
	Fund 657 Utility Radiological Safety	$1,260,000	$1,260,000	86900

Section 312.01. TRANSFERS OF FISCAL YEAR 2005 GENERAL REVENUE	86901
FUND ENDING BALANCES	86902

Notwithstanding divisions (B)(1)(b), (B)(2), and (C) of	86903
section 131.44 of the Revised Code, fiscal year 2005 surplus	86904
revenue shall be distributed as follows:	86905

(A) The first $60,000,000 of such surplus revenue shall be	86906
transferred to Fund 5AX, Public Assistance Reconciliation Fund, to	86907
pay a portion of the remaining state TANF liability to the federal	86908
government.	86909

(B) The next $40,000,000 of such surplus revenue shall be	86910
transferred to the Disaster Services Fund (5E2), which is hereby	86911
created in the state treasury.	86912

(C) The next $100,000,000 of such surplus revenue shall be	86913
transferred to the Budget Stabilization Fund.	86914

(D) The next $100,000,000 of such surplus revenue shall be	86915
transferred to Fund 021, the Public School Building Fund.	86916

(E) Any surplus revenue in excess of the amounts distributed	86917
under divisions (A) to (D) of this section shall be transferred to	86918
the Budget Stabilization Fund.	86919

Section 312.03. TRANSFERS TO THE GENERAL REVENUE FUND FROM	86920
NON-FEDERAL NON-GRF FUNDS	86921

Notwithstanding any other provision of law to the contrary,	86922
during fiscal years 2006 and 2007, the Director of Budget and	86923
Management is hereby authorized to transfer cash from non-federal,	86924
non-General Revenue Fund funds that are not constitutionally	86925
restricted to the General Revenue Fund. The total amount of cash	86926
transfers made pursuant to this section to the General Revenue	86927
Fund during fiscal years 2006 and 2007 shall not exceed	86928
$60,000,000.	86929

Section 312.06. TRANSFERS TO THE GENERAL REVENUE FUND OF	86930
INTEREST EARNED	86931

Notwithstanding any provision of Ohio law to the contrary,	86932
the Director of Budget and Management, through June 30, 2007, may	86933
transfer interest earned by any fund in the Central Accounting	86934
System to the General Revenue Fund. This section does not apply to	86935
funds whose source of revenue is restricted or protected by the	86936
Constitution of this state, federal tax law, or the "Cash	86937
Management Improvement Act of 1990" 104 Stat. 1058 (1990), 31	86938
U.S.C. 6501, et. seq., as amended.	86939

Section 312.09. BUDGET STABILIZATION FUND TRANSFERS

86940

(A) Notwithstanding any provision of law to the contrary,	86941
through June 30, 2007, if the Director of Budget and Management	86942
determines that the estimated ending fund balance of the General	86943
Revenue Fund will be greater than the amounts assumed in this act	86944
for either fiscal year 2006 or 2007, the Director may transfer up	86945
to the excess balance to the Budget Stabilization Fund. This	86946
division does not apply to division (A) of Section 206.66.21, TANF	86947
TRANSFERS, of this act.	86948

(B) Notwithstanding any provision of law to the contrary,	86949
through June 30, 2007, if the Director of Budget and Management	86950
determines that state revenue receipts and available fund balances	86951
in any fund other than the General Revenue Fund exceed estimated	86952
state expenditures, the Director may transfer up to the excess	86953
revenue to the Budget Stabilization Fund. This division does not	86954
apply to revenue restricted or protected by the Ohio Constitution,	86955
federal tax law or grant requirements, or the "Cash Management	86956
Improvement Act of 1990," 104 Stat. 1058 (1990), 31 U.S.C. 6501,	86957
et seq., as amended.	86958

(C) In executing division (A) of this section and division	86959
(A) of Section 206.66.21, TANF TRANSFERS, it is intended that	86960
these divisions be applied and construed so that both of the	86961
transfers authorized under these divisions may be made through	86962
June 30, 2007.	86963

(D) After making the transfers described in divisions (A) and	86964
(B) of this section, the Director of Budget and Management shall	86965
submit a report to the President of the Senate and the Speaker of	86966
the House of Representatives.	86967

Section 312.10. TAX REFORM SYSTEM IMPLEMENTATION FUND	86968
TRANSFERS TO TAX AMNESTY PROGRAM	86969

Notwithstanding any provision of law to the contrary, prior	86970
to June 30, 2006, the Director of Budget and Management shall	86971
transfer $2,000,000 in cash from the Tax Reform System	86972
Implementation Fund (Fund 228) to the Tax Amnesty Promotion and	86973
Administration Fund (Fund 5BW), which is hereby created in the	86974
State Treasury. The funds shall be used to pay expenses incurred	86975
in promoting and administering the tax amnesty program run by the	86976
Department of Taxation.	86977

After receiving the revenue receipts from the tax amnesty	86978
program, the Director of Budget and Management shall transfer the	86979
first $2,000,000 to the Tax Reform System Implementation Fund, the	86980
next $10,000,000 to the General Revenue Fund, and the remaining	86981
excess fund balance to the Budget Stabilization Fund.	86982

Section 312.12. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	86983
IMPLEMENTATION	86984

On July 1, 2005, or as soon thereafter as possible, the	86985
Director of Budget and Management shall transfer an amount not to	86986
exceed $675,000 in cash from the General Revenue Fund to Fund 5N4,	86987
OAKS Project Implementation. On July 1, 2006, or as soon	86988
thereafter as possible, the Director of Budget and Management	86989
shall transfer an amount not to exceed $675,000 in cash from the	86990
General Revenue Fund to Fund 5N4, OAKS Project Implementation.	86991

Section 312.15. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

86992

Not later than the first day of June in each year of the	86993
biennium, the Director of Budget and Management shall transfer	86994
$1,000,000 from the Corporate and Uniform Commercial Code Filing	86995
Fund to the General Revenue Fund.	86996

Section 312.18. GRF TRANSFER TO THE NATIONAL GUARD	86997
SCHOLARSHIP RESERVE FUND	86998

On July 1, 2005, or as soon as possible thereafter, the	86999
Director of Budget and Management shall transfer up to $592,000	87000
cash from the General Revenue Fund to the National Guard	87001
Scholarship Reserve Fund (Fund 5BM).	87002

Section 312.21. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	87003
RE-ESTABLISHMENT OF ENCUMBRANCES	87004

Any cash transferred by the Director of Budget and Management	87005
under section 126.15 of the Revised Code is hereby appropriated.	87006
Any amounts necessary to re-establish appropriations or	87007
encumbrances under section 126.15 of the Revised Code are hereby	87008
appropriated.	87009

Section 312.22. The Highway Safety Building Fund (Fund 025),	87010
created in section 4501.07 of the Revised Code, is the same fund	87011
as the one referred to in Section 15.01 of Am. Sub. H.B. 16 of the	87012
126th General Assembly.	87013

Section 312.24. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	87014
AGREEMENT FUND	87015

(A) Notwithstanding section 183.02 of the Revised Code, on	87016
July 1, 2005, or as soon as possible thereafter, the Director of	87017
Budget and Management shall transfer from the Tobacco Master	87018
Settlement Agreement Fund (Fund 087) $5,000,000 cash to the	87019
General Revenue Fund up to $5,000,000 cash to the Healthy Ohioans	87020
Initiative Fund (Fund 5BL in the Department of Health), $6,000,000	87021
cash to the Children's Hospitals Fund (Fund 5CR in the Department	87022
of Job and Family Services), and $4,000,000 cash to the Adult	87023
Emergency Assistance Fund (Fund 5CS in the Department of Mental	87024
Health). Of the tobacco revenue that is credited to the Tobacco	87025
Master Settlement Agreement Fund (Fund 087) in fiscal year 2005,	87026
the share that is determined pursuant to section 183.02 of the	87027
Revised Code to be the amount transferred by the Director of	87028
Budget and Management from the Tobacco Master Settlement Agreement	87029
Fund (Fund 087) to the Tobacco Use Prevention and Cessation Trust	87030
Fund (Fund H87) shall be reduced by the amount that is transferred	87031
from the Tobacco Master Settlement Agreement Fund (Fund 087) to	87032
various funds pursuant to this division.	87033

(B) Notwithstanding section 183.02 of the Revised Code, on	87034
July 1, 2006, or as soon as possible thereafter, the Director of	87035
Budget and Management shall transfer from the Tobacco Master	87036
Settlement Agreement Fund (Fund 087) $6,000,000 cash to the	87037
Children's Hospitals Fund (Fund 5CR in the Department of Job and	87038
Family Services) and $4,000,000 cash to the Adult Emergency	87039
Assistance Fund (Fund 5CS in the Department of Mental Health). Of	87040
the tobacco revenue that is credited to the Tobacco Master	87041
Settlement Agreement Fund (Fund 087) in fiscal year 2006, the	87042
share that is determined pursuant to section 183.02 of the Revised	87043
Code to be the amount transferred by the Director of Budget and	87044
Management from the Tobacco Master Settlement Agreement Fund (Fund	87045
087) to the Tobacco Use Prevention and Cessation Trust Fund (Fund	87046
H87) shall be reduced by the amount that is transferred from the	87047
Tobacco Master Settlement Agreement Fund (Fund 087) to the various	87048
funds pursuant to this division.	87049

Section 315.03. CONSOLIDATION OF REGULATORY BOARDS

87050

(A) It is the intent of the General Assembly to consolidate	87051
the following health-related regulatory boards within the	87052
Department of Health not later than July 1, 2006:	87053

(1) The Chemical Dependency Professionals Board;

87054

(2) The Board of Chiropractic Examiners;

87055

(3) The Counselor, Social Worker, and Marriage and Family	87056
Therapist Board;	87057

(4) The Ohio Board of Dietetics;

87058

(5) The Ohio Occupational Therapy, Physical Therapy, and	87059
Athletic Trainers Board;	87060

(6) The Ohio Optical Dispensers Board;

87061

(7) The State Board of Optometry;

87062

(8) The State Board of Orthotics, Prosthetics, and	87063
Pedorthics;	87064

(9) The State Board of Psychology;

87065

(10) The Ohio Respiratory Care Board;

87066

(11) The Board of Speech-Language Pathology and Audiology;

87067

(12) The State Veterinary Medical Licensing Board.

87068

(B) It is the intent of the General Assembly to consolidate	87069
the following regulatory boards and commissions within the	87070
Department of Commerce not later than July 1, 2006:	87071

(1) The Ohio Athletic Commission;

87072

(2) The Barber Board;

87073

(3) The State Board of Cosmetology;

87074

(4) The Board of Embalmers and Funeral Directors;

87075

(5) The Manufactured Homes Commission;

87076

(6) The Board of Motor Vehicle Collision Repair Registration;

87077

(7) The State Board of Sanitarian Registration.

87078

(C) It is the intent of the General Assembly to consolidate	87079
the Ohio Medical Transportation Board within the Department of	87080
Public Safety not later than July 1, 2006.	87081

(D) The Director of Budget and Management and the Directors	87082
of Administrative Services, Commerce, Health, and Public Safety	87083
shall appoint representatives to a transition team. In addition,	87084
the transition team shall include a total of three members	87085
representing the affected regulatory boards, to be selected by the	87086
executive directors of those boards.	87087

The transition team shall develop a plan to ensure the smooth	87088
and timely consolidation of the boards into the respective	87089
departments. The transition team shall address the details of the	87090
consolidations, identifying necessary statutory changes and	87091
working with the Office of Budget and Management to develop	87092
budgets for the respective departments and the consolidated boards	87093
and commissions. The transition team may recommend additional	87094
regulatory boards or commissions to be consolidated and may	87095
recommend modifications to the planned consolidations.	87096

The transition team shall submit a report containing	87097
recommendations and the details for the consolidations not later	87098
than December 31, 2005, to the Governor, the Speaker of the House	87099
of Representatives, and the President of the Senate. The report	87100
and recommendations shall address the following issues, and may	87101
address additional issues:	87102

(1) The necessary levels of funding;

87103

(2) The savings projected as a result of the consolidations;

87104

(3) The consolidation of activities between each board or	87105
commission and the department providing centralized services,	87106
including the role of the members of the board or commission and	87107
the role of the department;	87108

(4) The staffing levels needed, whether employees must be	87109
retained, and whether any employees retained have civil service	87110
status;	87111

(5) The continuation of the standards and procedures of the	87112
board or commission;	87113

(6) The continuation of rules and whether any rules need to	87114
be amended as a result of the consolidations;	87115

(7) The transfer of assets, liabilities, and contractual	87116
obligations;	87117

(8) The transfer of records and other materials pertaining to	87118
the board or commission.	87119

(E) It is the intent of the General Assembly to introduce a	87120
bill in fiscal year 2006 that will include the necessary statutory	87121
changes to effect the consolidations and that will include revised	87122
appropriations for the departments and the consolidated boards and	87123
commissions for fiscal year 2007.	87124

Section 315.06. CAREER-TECHNICAL SCHOOL BUILDING ASSISTANCE	87125
PROGRAM	87126

All materials, assets, liabilities, and records of the	87127
Department of Education, irrespective of form or medium, deemed	87128
necessary by the Ohio School Facilities Commission to implement	87129
sections 3318.47, 3318.48, and 3318.49 of the Revised Code shall	87130
be transferred to the Commission not later than one hundred twenty	87131
days after the effective date of this section, in accordance with	87132
a transition plan which shall be developed and approved by the	87133
Commission in consultation with the Department.	87134

All current and pending loans and appropriations,	87135
encumbrances, and funds related to the Career-Technical School	87136
Building Assistance Fund (Fund 020), deemed necessary by the	87137
Commission to implement section 3318.48 of the Revised Code, shall	87138
be transferred to the Commission not later than one hundred twenty	87139
days after the effective date of this section in accordance with	87140
the transition plan.	87141

Any business commenced but not completed by the Department on	87142
the effective date of this section relating to the implementation	87143
of section 3318.48 of the Revised Code and the functions	87144
transferred by this section shall continue to be administered by	87145
the Department for a period of one hundred twenty days after the	87146
effective date of this section or until the transition plan	87147
described in this section is approved by the Commission, whichever	87148
occurs first. The Department shall provide the Commission whatever	87149
administrative assistance the Commission requires during the	87150
period of transition, which assistance shall be specified in the	87151
transition plan described in this section.	87152

Wherever any law, contract, or other document refers to the	87153
Department, the State Board of Education, or the Superintendent of	87154
Public Instruction in regard to the implementation or	87155
administration of section 3318.48 of the Revised Code, the	87156
references shall be deemed to refer to the Commission or the	87157
Director of the Commission. No action or proceeding pending on the	87158
effective date of this section relating to the implementation or	87159
administration of Chapter 3318. of the Revised Code is affected by	87160
the transfer. In all such actions and proceedings, the Commission	87161
or the Director shall be substituted as a party upon application	87162
by the receiving entity to the court or other appropriate	87163
tribunal.	87164

Section 315.09. ELIMINATION OF THE OHIO EDUCATIONAL	87165
TELECOMMUNICATIONS NETWORK COMMISSION	87166

(A) Effective July 1, 2005, the Ohio Educational	87167
Telecommunications Network Commission is abolished and its	87168
functions, assets, and liabilities, including but not limited to	87169
vehicles and equipment assigned to employees of the Commission and	87170
records of the Commission regardless of form or medium, are	87171
transferred to the eTech Ohio Commission. The eTech Ohio	87172
Commission is thereupon and thereafter successor to, assumes the	87173
obligations of, and otherwise constitutes the continuation of the	87174
Ohio Educational Telecommunications Network Commission. The	87175
functions of the Executive Director of the Ohio Educational	87176
Telecommunications Network Commission are thereupon and thereafter	87177
transferred to the Executive Director of the eTech Ohio	87178
Commission.	87179

Any business commenced but not completed by the Ohio	87180
Educational Telecommunications Network Commission or the Executive	87181
Director of the Ohio Educational Telecommunications Network	87182
Commission on July 1, 2005, shall be completed by the eTech Ohio	87183
Commission or the Executive Director of the eTech Ohio Commission,	87184
respectively, in the same manner, and with the same effect, as if	87185
completed by the Ohio Educational Telecommunications Network	87186
Commission or the Executive Director of the Ohio Educational	87187
Telecommunications Network Commission. No validation, cure, right,	87188
privilege, remedy, obligation, or liability is lost or impaired by	87189
reason of the transfer required under this section and shall be	87190
administered by the eTech Ohio Commission. All of the Ohio	87191
Educational Telecommunications Network Commission's rules, orders,	87192
and determinations continue in effect as rules, orders, and	87193
determinations of the eTech Ohio Commission, until modified or	87194
rescinded by the eTech Ohio Commission. If necessary to ensure the	87195
integrity of the Administrative Code, the Director of the	87196
Legislative Service Commission shall renumber the Ohio Educational	87197
Telecommunications Network Commission's rules to reflect their	87198
transfer to the eTech Ohio Commission.	87199

(B) Employees of the Ohio Educational Telecommunications	87200
Network Commission shall be transferred to the eTech Ohio	87201
Commission or dismissed. Employees of the Ohio Educational	87202
Telecommunications Network Commission so dismissed cease to hold	87203
their positions of employment on July 1, 2005. Employees of the	87204
Ohio Educational Telecommunications Network Commission so	87205
transferred shall be removed from any bargaining unit in which	87206
they are included under Chapter 4117. of the Revised Code	87207
effective July 1, 2005. Employees of the Ohio Educational	87208
Telecommunications Network Commission so transferred shall be	87209
removed from any bargaining unit in which they are included under	87210
Chapter 4117. of the Revised Code effective July 1, 2005.	87211

(C) No judicial or administrative action or proceeding in	87212
which the Ohio Educational Telecommunications Network Commission	87213
or the Executive Director of the Commission is a party that is	87214
pending on July 1, 2005, is affected by the transfer of functions	87215
under division (A) of this section. Such action or proceeding	87216
shall be prosecuted or defended in the name of the eTech Ohio	87217
Commission. On application to the court or other tribunal, the	87218
eTech Ohio Commission shall be substituted for the Executive	87219
Director of the Ohio Educational Telecommunications Network or the	87220
Commission as a party to such action or proceeding.	87221

(D) On and after July 1, 2005, when the Ohio Educational	87222
Telecommunications Network Commission or the Executive Director of	87223
the Ohio Educational Telecommunications Network Commission is	87224
referred to in any statute, rule, contract, grant, or other	87225
document, the reference is hereby deemed to refer to the eTech	87226
Ohio Commission or the Executive Director of the eTech Ohio	87227
Commission, respectively.	87228

Section 315.10. ELIMINATION OF THE OHIO SCHOOLNET COMMISSION

87229

(A) Effective July 1, 2005, the Ohio SchoolNet Commission is	87230
abolished and its functions, assets, and liabilities, including,	87231
but not limited to, vehicles and equipment assigned to employees	87232
of the Commission and records of the Commission regardless of form	87233
or medium, are transferred to the eTech Ohio Commission. The eTech	87234
Ohio Commission is thereupon and thereafter successor to, assumes	87235
the obligations of, and otherwise constitutes the continuation of	87236
the Ohio SchoolNet Commission. The functions of the Executive	87237
Director of the Ohio SchoolNet Commission are thereupon and	87238
thereafter transferred to the Executive Director of the eTech Ohio	87239
Commission.	87240

Any business commenced but not completed by the Ohio	87241
SchoolNet Commission or the Executive Director of the Ohio	87242
SchoolNet Commission on July 1, 2005, shall be completed by the	87243
eTech Ohio Commission or the Executive Director of the eTech Ohio	87244
Commission, respectively, in the same manner, and with the same	87245
effect, as if completed by the Ohio SchoolNet Commission or the	87246
Executive Director of the Ohio SchoolNet Commission. No	87247
validation, cure, right, privilege, remedy, obligation, or	87248
liability is lost or impaired by reason of the transfer required	87249
under this section and shall be administered by the eTech Ohio	87250
Commission. All of the Ohio SchoolNet Commission's rules, orders,	87251
and determinations continue in effect as rules, orders, and	87252
determinations of the eTech Ohio Commission, until modified or	87253
rescinded by the eTech Ohio Commission. If necessary to ensure the	87254
integrity of the Administrative Code, the Director of the	87255
Legislative Service Commission shall renumber the Ohio SchoolNet	87256
Commission's rules to reflect their transfer to the eTech Ohio	87257
Commission.	87258

(B) Employees of the Ohio SchoolNet Commission shall be	87259
transferred to the eTech Ohio Commission or dismissed. Employees	87260
of the Ohio SchoolNet Commission so dismissed cease to hold their	87261
positions of employment on July 1, 2005.	87262

(C) No judicial or administrative action or proceeding in	87263
which the Ohio SchoolNet Commission or the Executive Director of	87264
the Commission is a party that is pending on July 1, 2005, is	87265
affected by the transfer of functions under division (A) of this	87266
section. Such action or proceeding shall be prosecuted or defended	87267
in the eTech Ohio Commission. On application to the court or other	87268
tribunal, the eTech Ohio Commission shall be substituted for the	87269
Executive Director of the Ohio SchoolNet Commission as a party to	87270
such action or proceeding.	87271

(D) On and after July 1, 2005, when the Ohio SchoolNet	87272
Commission or the Executive Director of the Ohio SchoolNet	87273
Commission is referred to in any statute, rule, contract, grant,	87274
or other document, the reference is hereby deemed to refer to the	87275
eTech Ohio Commission or the Executive Director of the eTech Ohio	87276
Commission, respectively.	87277

(E) If the Department of Education receives any expenditure	87278
and program reports for fiscal year 2005 for programs that were	87279
administered by the Ohio SchoolNet Commission during that fiscal	87280
year, the Department shall forward those reports to the eTech Ohio	87281
Commission by September 30, 2005.	87282

Section 315.11. TRANSFER OF FUNDS TO THE AGENCIES

87283

On and after July 1, 2005, notwithstanding any provision of	87284
law to the contrary, the Director of Budget and Management is	87285
authorized to take the actions described in this section with	87286
respect to budget changes made necessary by administrative	87287
reorganization, program transfers, the creation of new funds, and	87288
the consolidation of funds as authorized by this act. The Director	87289
may make any transfer of cash balances between funds. At the	87290
request of the Director, the Ohio Educational Telecommunications	87291
Network Commission and the Ohio SchoolNet Commission shall certify	87292
to the Director an estimate of the amount of the cash balance to	87293
be transferred to the receiving funds. The Director may transfer	87294
the estimated amount when needed to make payments. Not more than	87295
thirty days after certifying the estimated amount, the Commissions	87296
shall certify the final amount to the Director. The Director shall	87297
transfer the difference between any amount previously transferred	87298
and the certified final amount. The Director may cancel	87299
encumbrances and re-establish encumbrances or parts of	87300
encumbrances as needed in fiscal year 2006 in the appropriate	87301
funds and appropriation items for the same purposes. The	87302
appropriation authority necessary to re-establish such	87303
encumbrances in fiscal year 2006 as determined by the Director, in	87304
a different fund or appropriation item, within an agency or	87305
between agencies, is hereby appropriated. When re-established	87306
encumbrances or parts of re-established encumbrances are	87307
cancelled, the Director shall reduce the appropriations for these	87308
respective funds and appropriation items by the amount of the	87309
encumbrances cancelled. The amounts cancelled are hereby	87310
authorized. Any fiscal year 2005 unencumbered or unallotted	87311
appropriation balances may be transferred to the appropriate funds	87312
and appropriation items to be used for the same purposes, as	87313
determined by the Director. The amounts transferred are hereby	87314
appropriated.	87315

Section 316.03. (A) Not later than July 1, 2005, the Governor	87316
shall appoint members to the eTech Ohio Commission and shall	87317
appoint a chairperson of the Commission as required by section	87318
3353.02 of the Revised Code, as enacted by this act.	87319
Notwithstanding division (F) of that section, the initial	87320
chairperson appointed by the Governor shall serve until July 1,	87321
2006, at which time the Governor shall appoint a chairperson in	87322
accordance with that section.	87323

(B) Notwithstanding section 3353.03 of the Revised Code, as	87324
enacted by this act, the Governor shall appoint an interim	87325
executive director of the Commission not later than July 1, 2005.	87326
The interim executive director shall serve for one year or until	87327
the Commission appoints an executive director pursuant to that	87328
section, whichever is earlier. The Governor shall fix the	87329
compensation of the interim executive director. The interim	87330
executive director shall exercise any authority provided by law to	87331
the executive director of the Commission or delegated to the	87332
interim executive director by the Commission.	87333

Section 318.03. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

87334

Certain appropriations are in this act for the purpose of	87335
paying debt service and financing costs on general obligation	87336
bonds or notes of the state issued pursuant to the Ohio	87337
Constitution and acts of the General Assembly. If it is determined	87338
that additional appropriations are necessary for this purpose,	87339
such amounts are hereby appropriated.	87340

Section 318.06. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER	87341
OF STATE	87342

Certain appropriations are in this act for the purpose of	87343
making lease payments pursuant to leases and agreements relating	87344
to bonds or notes issued by the Ohio Building Authority or the	87345
Treasurer of State or, previously, by the Ohio Public Facilities	87346
Commission, pursuant to the Ohio Constitution and acts of the	87347
General Assembly. If it is determined that additional	87348
appropriations are necessary for this purpose, such amounts are	87349
hereby appropriated.	87350

Section 318.09. AUTHORIZATION FOR TREASURER OF STATE AND OBM	87351
TO EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	87352

The Office of Budget and Management shall initiate and	87353
process disbursements from general obligation and lease rental	87354
payment appropriation items during the period from July 1, 2005,	87355
to June 30, 2007, relating to bonds or notes issued under Sections	87356
2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution,	87357
and Chapters 151. and 154. of the Revised Code. Disbursements	87358
shall be made upon certification by the Treasurer of State of the	87359
dates and the amounts due on those dates.	87360

Section 318.12. ISSUANCE OF OBLIGATIONS BY THE OHIO COAL	87361
DEVELOPMENT OFFICE	87362

The Ohio Public Facilities Commission, upon the request of	87363
the Director of the Ohio Coal Development Office of the Ohio Air	87364
Quality Development Authority with the advice of the Technical	87365
Advisory Committee created in section 1551.35 of the Revised Code	87366
and the approval of the Executive Director of the Ohio Air Quality	87367
Development Authority, is hereby authorized to issue and sell, in	87368
accordance with Section 15 of Article VIII, Ohio Constitution, and	87369
Chapter 151. and particularly sections 151.01 and 151.07 of the	87370
Revised Code, bonds and other obligations of the State of Ohio in	87371
an aggregate principal amount not to exceed $15,000,000 in	87372
addition to the issuance of obligations heretofore authorized by	87373
prior acts of the General Assembly. The obligations shall be	87374
dated, issued, and sold from time to time in such amounts as may	87375
be necessary to provide sufficient moneys to the credit of the	87376
Coal Research and Development Fund created in section 1555.15 of	87377
the Revised Code to pay costs charged to the fund when due.	87378

Section 321.03. STATE AND LOCAL REBATE AUTHORIZATION

87379

There is hereby appropriated, from those funds designated by	87380
or pursuant to the applicable proceedings authorizing the issuance	87381
of state obligations, amounts computed at the time to represent	87382
the portion of investment income to be rebated or amounts in lieu	87383
of or in addition to any rebate amount to be paid to the federal	87384
government in order to maintain the exclusion from gross income	87385
for federal income tax purposes of interest on those state	87386
obligations under section 148(f) of the Internal Revenue Code.	87387

Rebate payments shall be approved and vouchered by the Office	87388
of Budget and Management.	87389

Section 321.06. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

87390

Pursuant to the plan for compliance with the Federal Cash	87391
Management Improvement Act required by section 131.36 of the	87392
Revised Code, the Director of Budget and Management may cancel and	87393
re-establish all or part of encumbrances in like amounts within	87394
the funds identified by the plan. The amounts necessary to	87395
re-establish all or part of encumbrances are hereby appropriated.	87396

Section 321.09. STATEWIDE INDIRECT COST RECOVERY

87397

Whenever the Director of Budget and Management determines	87398
that an appropriation made to a state agency from a fund of the	87399
state is insufficient to provide for the recovery of statewide	87400
indirect costs under section 126.12 of the Revised Code, the	87401
amount required for such purpose is hereby appropriated from the	87402
available receipts of such fund.	87403

Section 321.10. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	87404
INDIRECT COST ALLOCATION PLAN	87405

The total transfers made from the General Revenue Fund by the	87406
Director of Budget and Management under this section shall not	87407
exceed the amounts transferred into the General Revenue Fund under	87408
division (B) of section 126.12 of the Revised Code.	87409

The director of an agency may certify to the Director of	87410
Budget and Management the amount of expenses not allowed to be	87411
included in the Statewide Indirect Cost Allocation Plan under	87412
federal regulations, from any fund included in the Statewide	87413
Indirect Cost Allocation Plan, prepared as required by section	87414
126.12 of the Revised Code.	87415

Upon determining that no alternative source of funding is	87416
available to pay for such expenses, the Director of Budget and	87417
Management may transfer from the General Revenue Fund into the	87418
fund for which the certification is made, up to the amount of the	87419
certification. The director of the agency receiving such funds	87420
shall include, as part of the next budget submission prepared	87421
under section 126.02 of the Revised Code, a request for funding	87422
for such activities from an alternative source such that further	87423
federal disallowances would not be required.	87424

Section 321.11. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

87425

Notwithstanding any provision of law to the contrary, on or	87426
before the first day of September of each fiscal year, the	87427
Director of Budget and Management, in order to reduce the payment	87428
of adjustments to the federal government, as determined by the	87429
plan prepared under division (A) of section 126.12 of the Revised	87430
Code, may designate such funds as the director considers necessary	87431
to retain their own interest earnings.	87432

Section 401.05. That Sections 16.09, 19.01, 20.01, 22.03,	87433
22.04, 23.02, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am. Sub.	87434
H.B. 16 of the 126th General Assembly be amended to read as	87435
follows:	87436

Appropriations

Sec. 16.09. OSB SCHOOL FOR THE BLIND

87437

CAP-774	Glass Windows/E Wall of Natatorium	$	63,726	87438
CAP-775	Renovation of Science Lab Greenhouse	$	58,850	87439
CAP-776	Renovating Recreation Area	$	213,900	87440
CAP-777	New Classrooms for Secondary MH Program	$	880,407	87441
CAP-778	Renovation of Student Health Service Area	$	144,375	87442
CAP-779	Replacement of Cottage Windows	$	208,725	87443
CAP-~~780~~ 782	New School Lighting	$	184,500	87444
CAP-781	Food Prep. Area Air Conditioning	$	67,250	87445
Total School for the Blind		$	1,821,733	87446

Sec. 19.01. All items set forth in this section are hereby	87447
appropriated out of any moneys in the state treasury to the credit	87448
of the Cultural and Sports Facilities Building Fund (Fund 030)	87449
that are not otherwise appropriated.	87450

Appropriations

AFC CULTURAL FACILITIES COMMISSION

87451

CAP-010	Sandusky State Theatre Improvements	$	325,000	87452
CAP-013	Stambaugh Hall Improvements	$	250,000	87453
CAP-033	Woodward Opera House Renovation	$	100,000	87454
CAP-038	Center Exhibit Replacement	$	816,000	87455
CAP-043	Statewide Site Repairs	$	100,000	87456
CAP-044	National Underground Railroad Freedom Center	$	4,150,000	87457
CAP-046	Cincinnati Museum Center Improvements	$	250,000	87458
CAP-052	Akron Art Museum	$	1,012,500	87459
CAP-053	Powers Auditorium Improvements - Eleanor Beecher Flad Pavilion	$	250,000	87460
CAP-065	Beck Center for the Cultural Arts	$	100,000	87461
CAP-069	Cleveland Institute of Art	$	250,000	87462
CAP-071	Cleveland Institute of Music	$	750,000	87463
CAP-073	Marina District/Ice Arena Development	$	3,500,000	87464
CAP-074	Stan Hywet Hall & Gardens - West Vista Restoration	$	750,000	87465
CAP-745	Emergency Repairs	$	838,560	87466
CAP-769	Rankin House State Memorial	$	192,000	87467
CAP-781	Archives and Library Automation	$	624,000	87468
CAP-784	Center Rehabilitation	$	960,000	87469
CAP-806	Grant Boyhood Home Improvements	$	480,000	87470
CAP-812	Schuster Arts Center	$	5,500,000	87471
CAP-823	Marion Palace Theatre	$	750,000	87472
CAP-826	Renaissance Theatre	$	750,000	87473
CAP-834	Galion Historic Big Four Depot Restoration	$	170,000	87474
CAP-835	Jamestown Opera House	$	125,000	87475
CAP-844	Charles A. Eulett Education Center/Edge of Appalachia Museum Center	$	1,850,000	87476
CAP-845	Lima Historic Athletic Field	$	100,000	87477
CAP-846	Butler Palace Theatre	$	~~100,000~~ 200,000	87478
CAP-847	Voice of America Museum	$	275,000	87479
CAP-848	Oxford Arts Center ADA Project	$	72,000	87480
CAP-849	Clark County Community Arts Expansion Project	$	500,000	87481
CAP-850	Westcott House Historic Site	$	75,000	87482
CAP-851	General Lytle Homestead - Harmony Hill	$	50,000	87483
CAP-852	Miami Township Community Amphitheatre	$	50,000	87484
CAP-853	Western Reserve Historical Society	$	1,000,000	87485
CAP-854	Steamship Mather Museum	$	100,000	87486
CAP-855	Rock and Roll Hall of Fame	$	250,000	87487
CAP-856	Friendly Inn Settlement House Historic Site	$	250,000	87488
CAP-857	Merrick House Historic Site	$	250,000	87489
CAP-858	Strongsville Historic Building	$	100,000	87490
CAP-859	Arts Castle	$	100,000	87491
CAP-860	Great Lakes Historical Society	$	325,000	87492
CAP-861	Ohio Glass Museum	$	250,000	87493
CAP-862	Goll Wood Homestead	$	50,000	87494
CAP-863	Ariel Theatre	$	100,000	87495
CAP-864	Bellbrook/Sugarcreek Historical Society	$	10,000	87496
~~CAP-865~~	~~Kennedy Stone House~~	$	~~15,000~~	87497
CAP-866	Sports Facilities Improvements - Cincinnati	$	4,350,000	87498
CAP-867	Ensemble Theatre	$	450,000	87499
CAP-868	Taft Museum	$	500,000	87500
CAP-869	Art Academy of Cincinnati	$	100,000	87501
CAP-870	Riverbend Pavilion Improvements	$	250,000	87502
CAP-871	Cincinnati Art & Technology Academy - Longworth Hall	$	100,000	87503
CAP-872	Music Hall: Over-The-Rhine	$	750,000	87504
CAP-873	John Bloomfield Home Restoration	$	115,000	87505
CAP-874	Malinta Historical Society Caboose Exhibit	$	6,000	87506
CAP-875	Hocking County Historical Society - Schempp House	$	10,000	87507
CAP-876	Art Deco Markay Theater	$	200,000	87508
CAP-877	Harvey Wells House	$	100,000	87509
CAP-878	Bryn Du	$	250,000	87510
CAP-879	Broad Street Historical Renovation	$	300,000	87511
CAP-880	Amherst Historical Society	$	35,000	87512
CAP-881	COSI - Toledo	$	1,900,000	87513
CAP-882	Ohio Theatre - Toledo	$	100,000	87514
CAP-883	Chester Academy Historic Site Renovations	$	25,000	87515
CAP-884	Bradford Ohio Railroad Museum	$	100,000	87516
CAP-885	Montgomery County Historical Society Archives	$	100,000	87517
CAP-886	Nelson T. Gant Historic Homestead	$	25,000	87518
CAP-887	Aurora Outdoor Sports Complex	$	50,000	87519
CAP-888	Preble County Historical Society	$	100,000	87520
CAP-889	Tecumseh Sugarloaf Mountain Amphitheatre	$	120,000	87521
CAP-890	Pro Football Hall of Fame	$	400,000	87522
CAP-891	MAPS Air Museum	$	15,000	87523
CAP-892	Foundation Community ~~Threatre~~ Theatre	$	50,000	87524
CAP-893	William McKinley Library Restoration	$	250,000	87525
CAP-894	Hale Farm & Village	$	250,000	87526
~~CAP-895~~	~~Blossom Music Center~~	$	~~2,512,500~~	87527
CAP-896	Richard Howe House	$	100,000	87528
CAP-897	Ward-Thomas Museum	$	30,000	87529
CAP-898	Packard Music Hall Renovation Project	$	100,000	87530
CAP-899	Holland Theatre	$	100,000	87531
CAP-900	Van Wert Historical Society	$	32,000	87532
CAP-901	Warren County Historical Society	$	225,000	87533
CAP-902	Marietta Colony Theatre	$	335,000	87534
CAP-903	West Salem Village Opera House	$	92,000	87535
CAP-904	Beavercreek Community Theater	$	100,000	87536
CAP-905	Smith Orr Homestead	$	100,000	87537
Total Cultural Facilities Commission		$	~~43,592,560~~ 41,165,060	87538
TOTAL Cultural and Sports Facilities Building Fund		$	~~43,592,560~~ 41,165,060	87539

Sec. 20.01. All items set forth in this section are hereby	87541
appropriated out of any moneys in the state treasury to the credit	87542
of the Ohio Parks and Natural Resources Fund (Fund 031) that are	87543
not otherwise appropriated.	87544

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

87545

STATEWIDE AND LOCAL PROJECTS

87546

CAP-012	Land Acquisition	$	750,000	87547
CAP-051	Buck Creek State Park - Camp/Dock Renovations	$	25,000	87548
CAP-060	East Fork State Park Renovation	$	50,000	87549
CAP-068	Kennedy Stone House	$	15,000	87550
CAP-080	Atwood Lake Conservancy District	$	75,000	87551
CAP-083	John Bryan State Park Shelter Construction	$	30,000	87552
CAP-084	Findley State Park General Improvements	$	12,500	87553
~~CAP-085~~	~~The Wilds Carnivore Center~~	$	~~1,000,000~~	87554
CAP-086	Scippo Creek Conservation	$	75,000	87555
CAP-087	Belpre City Swimming Pool	$	125,000	87556
CAP-705	Ohio-Erie Canal Tuscarawas River Logjam Removal	$	25,000	87557
CAP-748	Local Parks Projects - Statewide	$	2,511,079	87558
CAP-753	Project Planning	$	1,144,316	87559
CAP-881	Dam Rehabilitation	$	5,000,000	87560
CAP-931	Wastewater/Water Systems Upgrades	$	2,900,000	87561
Total Statewide and Local Projects		$	~~13,722,895~~	87562
	12,737,895	87563
Total Department of Natural Resources		$	~~13,722,895~~	87564
	12,737,895	87565
TOTAL Ohio Parks and Natural Resources Fund		$	~~13,722,895~~	87566
	12,737,895	87567

Appropriations

Sec. 22.03. DMH DEPARTMENT OF MENTAL HEALTH

87569

CAP-479	Community Assistance Projects	$	~~1,800,000~~ 1,900,000	87570
CAP-978	Infrastructure Improvements	$	8,050,000	87571
~~CAP-989~~	~~Cleveland Christian Home~~	$	~~100,000~~	87572
Total Department of Mental Health		$	9,950,000	87573

COMMUNITY ASSISTANCE PROJECTS

87574

Of the foregoing appropriation item CAP-479, Community	87575
Assistance Projects, $200,000 shall be used for the Center for	87576
Families and Children, $100,000 shall be used for the Cleveland	87577
Christian Home, and $100,000 shall be used for the Berea	87578
Children's Home.	87579

Appropriations

Sec. 22.04. DMR DEPARTMENT OF MENTAL RETARDATION AND	87580
DEVELOPMENTAL DISABILITIES	87581

STATEWIDE AND CENTRAL OFFICE PROJECTS

87582

CAP-480	Community Assistance Projects	$	9,475,000	87583
CAP-955	Statewide Development Centers	$	3,257,257	87584
Total Statewide and Central Office Projects		$	12,732,257	87585
TOTAL Department of Mental Retardation and Developmental Disabilities		$	12,732,257	87586
TOTAL MENTAL HEALTH FACILITIES IMPROVEMENT FUND		$	22,782,257	87587

COMMUNITY ASSISTANCE PROJECTS

87588

The foregoing appropriation item CAP-480, Community	87589
Assistance Projects, may be used to provide community assistance	87590
funds for the development, purchase, construction, or renovation	87591
of facilities for day programs or residential programs that	87592
provide services to persons eligible for services from the	87593
Department of Mental Retardation and Developmental Disabilities or	87594
county boards of mental retardation and developmental	87595
disabilities. Any funds provided to nonprofit agencies for the	87596
construction or renovation of facilities for persons eligible for	87597
services from the Department of Mental Retardation and	87598
Developmental Disabilities and county boards of mental retardation	87599
and developmental disabilities shall be governed by the prevailing	87600
wage provisions in section 176.05 of the Revised Code.	87601

Of the foregoing appropriation item CAP-480, $200,000 shall	87602
be used for the Achievement Centers for Children;and $250,000	87603
shall be used for Bellefaire Jewish Children's Bureau;.	87604

Notwithstanding any other provision of law to the contrary,	87605
of the foregoing appropriation item CAP-480, $250,000 shall be	87606
used for the Julie Billart facility; and $75,000 shall be used for	87607
the Hanson Home.	87608

Appropriations

Sec. 23.02. ~~OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK~~	87609
~~COMMISSION~~ETC ETECH OHIO	87610

CAP-001		Educational TV and Radio Equipment		$	1,027,038		87611
Total ~~Ohio Educational Telecommunications Network Commission~~ eTech Ohio				$	1,027,038		87612

Appropriations

Sec. 23.12. CLS CLEVELAND STATE UNIVERSITY

87614

CAP-023	Basic Renovations	$	3,267,875	87615
CAP-125	College of Education Building	$	8,057,262	87616
~~CAP-130~~	~~WVIZ Technology Center/Playhouse Square~~	$	~~750,000~~	87617
CAP-152	Rhodes Tower-Data Center Relocation	$	1,000,000	87618
CAP-153	University Annex-Vacation and Demolition	$	49,390	87619
CAP-154	Main Classroom Stair Tower & Entry	$	1,500,000	87620
CAP-155	Cleveland Playhouse	$	250,000	87621
CAP-156	Physical Education Building Rehabilitation	$	1,000,000	87622
Total Cleveland State University		$	~~15,874,527~~ 15,124,527	87623

Appropriations

Sec. 23.13. KSU KENT STATE UNIVERSITY

87625

CAP-022	Basic Renovations	$	3,573,078	87626
CAP-105	Basic Renovations-East Liverpool	$	151,408	87627
CAP-106	Basic Renovations-Geauga	$	45,607	87628
CAP-107	Basic Renovations-Salem	$	105,640	87629
CAP-108	Basic Renovations-Stark	$	325,358	87630
CAP-110	Basic Renovations-Ashtabula	$	177,801	87631
CAP-111	Basic Renovations-Trumbull	$	347,695	87632
CAP-112	Basic Renovations-Tuscarawas	$	171,699	87633
CAP-212	Health Science Building, Planning	$	705,720	87634
CAP-235	Rehabilitation of Franklin Hall	$	13,923,684	87635
CAP-260	Land Acquisitions & Improvements-East Liverpool	$	638,419	87636
CAP-261	Addition/Renovation of Classrooms-Geauga	$	246,878	87637
CAP-262	Gym Renovation Planning-Salem	$	490,213	87638
CAP-263	Parking Lot & Roadway Paving-Stark	$	162,076	87639
CAP-264	Fine Arts Building & New Campus Center-Stark	$	1,000,000	87640
CAP-265	Science Lab Addition-Trumbull	$	991,786	87641
CAP-266	Fine & Performing Arts Center - Tuscarawas	$	844,655	87642
CAP-267	Columbiana County Port Authority	$	875,000	87643
CAP-268	Canton Convention Center	$	735,000	87644
CAP-269	Blossom Music Center	$	2,512,500	87645
Total Kent State University		$	~~25,511,717~~ 28,024,217	87646

Sec. 23.26. CCC CUYAHOGA COMMUNITY COLLEGE

87648

Appropriations

CAP-031	Basic Renovations	$	2,428,960	87649
CAP-079	Cleveland Art Museum Improvements	$	3,000,000	87650
CAP-094	Collegewide Wayfinding Signage System	$	1,067,510	87651
CAP-095	Collegewide Asset Protection and Building Codes Upgrade	$	1,491,522	87652
CAP-096	Health Care Technology Building - Eastern	$	6,050,264	87653
CAP-097	WVIZ Technology Center/Playhouse Square	$	750,000	87654

Total Cuyahoga Community College

~~14,038,256~~ 14,788,256

87655

Sec. 23.45. STC STARK TECHNICAL COLLEGE

87656

CAP-004	Basic Renovations	$	438,295	87657
CAP-035	Business Technologies Addition Rehabilitation	$	1,378,892	87658
CAP-037	Fuel Cell Initiative	$	250,000	87659
Total Stark Technical College		$	2,067,187	87660
Total Board of Regents and State				87661
Institutions of Higher Education		$	~~488,343,998~~ 490,956,498	87662
TOTAL Higher Education Improvement Fund		$	~~489,371,036~~ 491,883,536	87663

Sec. 24.01. All items set forth in this section are hereby	87665
appropriated out of any moneys in the state treasury to the credit	87666
of the Parks and Recreation Improvement Fund (Fund 035) that are	87667
not otherwise appropriated.	87668

Appropriations

DNR DEPARTMENT OF NATURAL RESOURCES

87669

CAP-004	Burr Oak Lodge	$	150,000	87670
CAP-012	Land Acquisition	$	243,663	87671
CAP-085	The Wilds Carnivore Center	$	1,000,000	87672
~~CAP-088~~	Muskingum River Lock and Dam	$	250,000	87673
CAP-716				87674
CAP-234	State Park Campgrounds, Cabins, and Lodges	$	2,712,500	87675
CAP-331	Park Boating Facilities	$	7,588,383	87676
CAP-701	Buckeye Lake State Park - Dam Rehabilitation	$	4,000,000	87677
CAP-718	Grand Lake St. Mary's State Park Erosion Control Project	$	450,000	87678
CAP-748	Local Park Projects	$	2,715,000	87679
CAP-753	Project Planning	$	175,000	87680
CAP-848	Hazardous Dam Repair - Statewide	$	1,325,000	87681
CAP-876	Statewide Trails	$	~~1,101,500~~ 1,851,500	87682
CAP-931	Statewide Wastewater/Water Systems Upgrade	$	2,500,000	87683
Total Department of Natural Resources		$	~~23,211,046~~	87684
	24,961,046	87685
TOTAL Parks and Recreation Improvement Fund		$	~~23,211,046~~	87686
	24,961,046	87687

FEDERAL REIMBURSEMENT

87688

All reimbursements received from the federal government for	87689
any expenditures made pursuant to this section shall be deposited	87690
in the state treasury to the credit of the Parks and Recreation	87691
Improvement Fund (Fund 035).	87692

LOCAL PARKS PROJECTS

87693

Of the foregoing appropriation item CAP-748, Local Parks	87694
Projects, $75,000 shall be used for the Springfield Arts Veterans'	87695
Park; $50,000 shall be used for the Village of Bentleyville Park;	87696
$25,000 shall be used for the Cleveland Police and Firefighters	87697
Memorial Park; $100,000 shall be used for the Parma Heights	87698
Greenbriar Park; $125,000 shall be used for the Fairborn Park	87699
Entrance Project; $250,000 shall be used for the Greene County	87700
Soccer Park; $750,000 shall be used for the Banks Park; $400,000	87701
shall be used for the Colerain Township Park Improvements;	87702
$200,000 shall be used for the Colerain Township Heritage Park;	87703
$75,000 shall be used for the London Park Project; $50,000 shall	87704
be used for Somerset Park Improvements; $50,000 shall be used for	87705
Meadowbrook Park; $25,000 shall be used for Early Hill Park;	87706
$25,000 shall be used for the Wright-Flyer Aviation Park; $200,000	87707
shall be used for Madison Township Park; $10,000 shall be used for	87708
the Wellington Soccer Field Park; $10,000 shall be used for the	87709
Greenwich Township Baseball Field Park Improvements; $20,000 shall	87710
be used for the City of London Sports Park; $25,000 shall be used	87711
for the Pleasant Hill Park Ball Field Project; and $250,000 shall	87712
be used for the Education Gateway at Sippo Lake Park.	87713

STATEWIDE TRAILS PROGRAM

87714

Of the foregoing appropriation item CAP-876, Statewide	87715
Trails, $85,000 shall be used for the Williamsburg-Batavia	87716
hike/bike trail; $16,500 shall be used for the South Milford Road	87717
Bike Trail Project; $125,000 shall be used for the Tri-County	87718
Triangle Trail in Fayette county; ~~$100,00~~$100,000 shall be used	87719
for the Tri-County Triangle Trail in Highland County; $125,000	87720
shall be used for the Tri-County Triangle Trail in Ross county;	87721
$550,000 shall be used for the Camp Chase Ohio to Erie Trail; ~~and~~	87722
$100,000 shall be used for the Holmes County Park District - Rails	87723
to Trails; and $750,000 shall be used for the Little Miami Trail	87724
through the Village of Terrace Park. The state funds for the	87725
Little Miami Trail Project shall be used to undertake project work	87726
that is eligible for reimbursement under the federal Land and	87727
Water Conservation Fund and the Recreational Trails Program. The	87728
federal reimbursement funds for the project work shall be credited	87729
to the Parks and Recreation Improvement Fund (Fund 035).	87730

Section 401.06. That existing Sections 16.09, 19.01, 20.01,	87731
22.03, 22.04, 23.02, 23.12, 23.13, 23.26, 23.45, and 24.01 of Am.	87732
Sub. H.B. 16 of the 126th General Assembly are hereby repealed.	87733

Section 401.11. That Sections 203.03.09, 203.03.10, and	87734
203.06.15 of Am. Sub. H.B. 68 of the 126th General Assembly be	87735
amended to read as follows:	87736

Sec. 203.03.09. PUBLIC ACCESS ROADS FOR STATE FACILITIES

87737

Of the foregoing appropriation item 772-421, Highway	87738
Construction - State, ~~$4,517,500~~$5,000,000 shall be used in each	87739
fiscal year during the fiscal year 2006-2007 biennium by the	87740
Department of Transportation for the construction, reconstruction,	87741
or maintenance of public access roads, including support features,	87742
to and within state facilities owned or operated by the Department	87743
of Natural Resources~~, as requested by the Director of Natural~~	87744
~~Resources~~.	87745

Notwithstanding section 5511.06 of the Revised Code, of the	87746
foregoing appropriation item 772-421, Highway Construction -	87747
State, $2,228,000 in each fiscal year of the fiscal year 2006-2007	87748
biennium shall be used by the Department of Transportation for the	87749
construction, reconstruction, or maintenance of park drives or	87750
park roads within the boundaries of metropolitan parks.	87751

Included in the foregoing appropriation item 772-421, Highway	87752
Construction - State, the department may perform related road work	87753
on behalf of the Ohio Expositions Commission at the state	87754
fairgrounds, including reconstruction or maintenance of public	87755
access roads and support features, to and within fairground	87756
facilities as requested by the commission and approved by the	87757
Director of Transportation.	87758

LIQUIDATION OF UNFORESEEN LIABILITIES

87759

Any appropriation made to the Department of Transportation,	87760
Highway Operating Fund, not otherwise restricted by law, is	87761
available to liquidate unforeseen liabilities arising from	87762
contractual agreements of prior years when the prior year	87763
encumbrance is insufficient.	87764

Sec. 203.03.10. PREVENTIVE MAINTENANCE

87765

The Department of Transportation shall contract with an	87766
independent party to ~~issue a yearly report~~conduct a study and	87767
issue a report on the effectiveness and progress of preventive	87768
maintenance projects ~~that meet warranty guidelines~~. ~~The~~	87769
Thereafter, the Department shall issue a yearly report on or	87770
before the first day of December for three consecutive years	87771
~~beginning in fiscal year 2005.~~	87772

~~The Department shall provide in its annual report data~~ on	87773
actual and planned pavement preventive maintenance activities. The	87774
data shall include the following: (1) the total number of lane	87775
miles receiving preventive maintenance treatment, by treatment	87776
type and highway system category; (2) the total number of lane	87777
miles programmed to receive treatment; (3) the actual costs of the	87778
pavement preventive maintenance activities per lane mile, by	87779
treatment type and highway system category; (4) the total number	87780
of lane miles rehabilitated or reconstructed; and (5) the actual	87781
cost per lane mile of rehabilitated or reconstructed highway, by	87782
highway system category.	87783

Sec. 203.06.15. EMERGENCY MANAGEMENT

87784

Federal Special Revenue Fund Group

87785

3N5	763-644	U.S. DOE Agreement	$	275,000	$	275,000	87786
329	763-645	Federal Mitigation Program	$	303,504	$	303,504	87787
337	763-609	Federal Disaster Relief	$	27,269,140	$	27,280,000	87788
339	763-647	Emergency Management Assistance and Training	$	129,622,000	$	129,622,000	87789
TOTAL FED Federal Special							87790
Revenue Fund Group			$	157,469,644	$	157,480,504	87791

State Special Revenue Fund Group

87792

4V3	763-662	EMA Service and Reimbursement	$	696,446	$	696,446	87793
657	763-652	Utility Radiological Safety	$	1,260,000	$	1,260,000	87794
681	763-653	SARA Title III HAZMAT Planning	$	271,510	$	271,510	87795
TOTAL SSR State Special Revenue							87796
Fund Group			$	2,227,956	$	2,227,956	87797
TOTAL ALL BUDGET FUND GROUPS -							87798
Emergency Management			$	159,697,600	$	159,708,460	87799

FEDERAL MITIGATION PROGRAM

87800

The fund created by the Controlling Board known as the	87801
Disaster ~~Relief~~Services Plan and Grant Administration Fund is now	87802
the Federal Mitigation Program Fund, and shall be used to plan and	87803
mitigate against future disaster costs.	87804

The appropriation item 763-645, heretofore known as	87805
Individual/Family Grant - Fed, is hereafter known as Federal	87806
Mitigation Program, and shall be used to plan and mitigate against	87807
future disaster costs.	87808

STATE DISASTER RELIEF

87809

The appropriation item 763-601, State Disaster Relief, may	87810
accept transfers of cash and appropriations from Controlling Board	87811
appropriation items to reimburse eligible local governments and	87812
private nonprofit organizations for costs related to disasters	87813
that have been declared by local governments or the Governor. The	87814
Ohio Emergency Management Agency shall publish and make available	87815
an application packet outlining eligible items and application	87816
procedures for entities requesting state disaster relief.	87817

Individuals may be eligible for reimbursement of costs	87818
related to disasters that have been declared by the Governor and	87819
the Small Business Administration. The funding in appropriation	87820
item 763-601, State Disaster Relief, shall be used in accordance	87821
with the principles of the federal Individual and Family Grant	87822
Program, which provides grants to households that have been	87823
affected by a disaster to replace basic living items. The Ohio	87824
Emergency Management Agency shall publish and make available an	87825
application procedure for individuals requesting assistance under	87826
the state Individual Assistance Program.	87827

SARA TITLE III HAZMAT PLANNING

87828

The SARA Title III HAZMAT Planning Fund (Fund 681) is	87829
entitled to receive grant funds from the Emergency Response	87830
Commission to implement the Emergency Management Agency's	87831
responsibilities under Chapter 3750. of the Revised Code.	87832

Section 401.12. That existing Sections 203.03.09, 203.03.10,	87833
and 203.06.15 of Am. Sub. H.B. 68 of the 126th General Assembly	87834
are hereby repealed.	87835

Section 401.13. Notwithstanding section 5511.05 of the	87836
Revised Code, the Director of Transportation shall confer with the	87837
Director of Natural Resources in fiscal years 2006 and 2007	87838
concerning the establishment, construction, reconstruction,	87839
improvement, repair, and maintenance of all roads and bridges	87840
within the boundaries of all state parks, including all such parks	87841
and properties under the control and custody of the Department of	87842
Natural Resources. After conferring with the Director of Natural	87843
Resources, the Director of Transportation shall establish,	87844
construct, reconstruct, improve, repair, and maintain all such	87845
roads and bridges. $5,000,000 shall be expended to establish,	87846
construct, reconstruct, improve, repair, and maintain all such	87847
roads and bridges in each fiscal year.	87848

Section 403.01. That Section 14 of Sub. H.B. 434 of the 125th	87849
General Assembly be amended to read as follows:	87850

Sec. 14. ~~NET SCHOOLNET COMMISSION~~ETC ETECH OHIO

87851

Tobacco Master Settlement Agreement Fund Group

87852

S87	~~228~~ 935-602	Education Technology Trust Fund	$	9,277,865	$	6,274,109	87853
TOTAL TSF Tobacco Master							87854
Settlement Agreement Fund							87855
Group			$	9,277,865	$	6,274,109	87856
TOTAL ALL BUDGET FUND GROUPS			$	9,277,865	$	6,274,109	87857

SCHOOLNET PLUS

87858

~~The Ohio SchoolNet Commission shall distribute SchoolNet Plus~~	87859
~~Grants to qualifying school districts in fiscal year 2005 to~~	87860
~~establish and equip at least one interactive computer workstation~~	87861
~~for each five students enrolled in the seventh grade as reported~~	87862
~~by school districts pursuant to division (A) of section 3317.03 of~~	87863
~~the Revised Code.~~	87864

Upon completion of the SchoolNet Plus Grant Program for the	87865
seventh grade, ~~the Ohio SchoolNet Commission~~eTech Ohio shall	87866
distribute SchoolNet Plus Grants to qualifying school districts in	87867
fiscal year 2006 to establish and equip at least one interactive	87868
computer workstation for each five children enrolled in the eighth	87869
grade as reported by school districts pursuant to division (A) of	87870
section 3317.03 of the Revised Code.	87871

Districts in the first two quartiles of wealth shall receive	87872
up to $275 per pupil for students in the targeted grade to	87873
purchase classroom computers. Districts in the third and fourth	87874
quartiles shall receive up to $105 per pupil in the targeted	87875
grade. If a district has met the state's goal of one computer to	87876
every five students in the targeted grade, the district may use	87877
the funds provided through SchoolNet Plus to purchase computers	87878
for successive grades or to fulfill educational technology needs	87879
in other grades as specified in the district's technology plan.	87880

Section 403.02. That existing Section 14 of Sub. H.B. 434 of	87881
the 125th General Assembly is hereby repealed.	87882

Section 403.05. That Section 4 of Am. Sub. H.B. 516 of the	87883
125th General Assembly be amended to read as follows:	87884

Sec. 4. The following agencies shall be retained pursuant to	87885
division (D) of section 101.83 of the Revised Code and shall	87886
expire on December 31, 2010:	87887

	REVISED CODE OR	87888
	UNCODIFIED	87889
AGENCY NAME	SECTION	87890

Administrator, Interstate Compact on Mental Health	5119.50	87891
Administrator, Interstate Compact on	5103.20	87892
Placement of Children		87893
Advisory Board of Governor's Office of Faith-Based and Community Initiatives	107.12	87894
Advisory Boards to the EPA for Air Pollution	121.13	87895
Advisory Boards to the EPA for Water Pollution	121.13	87896
Advisory Committee of the State Veterinary Medical Licensing Board	4741.03(D)(3)	87897
Advisory Committee on Livestock Exhibitions	901.71	87898
Advisory Council on Amusement Ride Safety	1711.51	87899
Advisory Board of Directors for Prison Labor	5145.162	87900
Advisory Council for Each Wild, Scenic, or Recreational River Area	1517.18	87901
Advisory Councils or Boards for State Departments	107.18 or 121.13	87902
Advisory Group to the Ohio Water Resources Council	1521.19(C)	87903
Alzheimer's Disease Task Force	173.04(F)	87904
AMBER Alert Advisory Committee	5502.521	87905
Apprenticeship Council	4139.02	87906
Armory Board of Control	5911.09	87907
Automated Title Processing Board	4505.09(C)(1)	87908
Banking Commission	1123.01	87909
Board of Directors of the Ohio Health Reinsurance Program	3924.08	87910
Board of Voting Machine Examiners	3506.05(B)	87911
Board of Tax Appeals	5703.02	87912
Brain Injury Advisory Committee	3304.231	87913
Capitol Square Review and Advisory Board	105.41	87914
Child Support Guideline Advisory Council	3119.024	87915
Children's Trust Fund Board	3109.15	87916
Citizens Advisory Committee (BMV)	4501.025	87917
Citizen's Advisory Councils (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	87918
Clean Ohio Trail Advisory Board	1519.06	87919
Coastal Resources Advisory Council	1506.12	87920
Commission on African-American Males	4112.12	87921
Commission on Hispanic-Latino Affairs	121.31	87922
Commission on Minority Health	3701.78	87923
Committee on Prescriptive Governance	4723.49	87924
Commodity Advisory Commission	926.32	87925
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council	5123.353	87926
Community Oversight Council	3311.77	87927
Compassionate Care Task Force	Section 3, H.B. 474, 124th GA	87928
~~Consumer Advisory Committee to the Rehabilitation Services Commission~~	~~3304.24~~	87929
Continuing Education Committee (for Sheriffs)	109.80	87930
Controlling Board	127.12	87931
Coordinating Committee, Agricultural Commodity Marketing Programs	924.14	87932
Council on Alcohol and Drug Addiction Services	3793.09	87933
Council on Unreclaimed Strip Mined Lands	1513.29	87934
Council to Advise on the Establishment and Implementation of the Birth Defects Information System	3705.34	87935
County Sheriffs' Standard Car-Marking and Uniform Commission	311.25	87936
Credit Union Council	1733.329	87937
Criminal Sentencing Advisory Committee	181.22	87938
Day-Care Advisory Council	5104.08	87939
Dentist Loan Repayment Advisory Board	3702.92	87940
Development Financing Advisory Council	122.40	87941
Education Commission of the States (Interstate Compact for Education)	3301.48	87942
Electrical Safety Inspector Advisory Committee	3783.08	87943
Emergency Response Commission	3750.02	87944
Engineering Experiment Station Advisory Committee	3335.27	87945
Environmental Education Council	3745.21	87946
Environmental Review Appeals Commission	3745.02	87947
EPA Advisory Boards or Councils	121.13	87948
Farmland Preservation Advisory Board	901.23	87949
Financial Planning & Supervision Commission for Municipal Corporation, County, or Township	118.05	87950
Financial Planning & Supervision Commission for School District	3316.05	87951
Forestry Advisory Council	1503.40	87952
Governance Authority for a State University or College	3345.75	87953
Governor's Advisory Council on Physical Fitness, Wellness, & Sports	3701.77	87954
Governor's Council on People with Disabilities	3303.41	87955
Governor's Residence Advisory Commission	107.40	87956
Great Lakes Commission (Great Lakes Basin Compact)	6161.01	87957
Gubernatorial Transition Committee	107.29	87958
Head Start Partnership Study Council	Section 41.35, H.B. 95, 125th GA	87959
Hemophilia Advisory Subcommittee	3701.0210	87960
Housing Trust Fund Advisory Committee	175.25	87961
Industrial Commission Nominating Council	4121.04	87962
Industrial Technology and Enterprise Advisory Council	122.29	87963
Infant Hearing Screening Subcommittee	3701.507	87964
Insurance Agent Education Advisory Council	3905.483	87965
Interagency Council on Hispanic/Latino Affairs	121.32(J)	87966
Interstate Mining Commission (Interstate Mining Compact)	1514.30	87967
Interstate Rail Passenger Advisory Council (Interstate High Speed Intercity Rail Passenger Network Compact)	4981.35	87968
Joint Council on MR/DD	101.37	87969
Joint Select Committee on Volume Cap	133.021	87970
Labor-Management Government Advisory Council	4121.70	87971
Legal Rights Service Commission	5123.60	87972
Legislative Task Force on Redistricting, Reapportionment, and Demographic Research	103.51	87973
Maternal and Child Health Council	3701.025	87974
Medically Handicapped Children's Medical Advisory Council	3701.025	87975
Midwest Interstate Passenger Rail Compact Commission (Ohio members)	4981.361	87976
Military Activation Task Force	5902.15	87977
Milk Sanitation Board	917.03	87978
Mine Subsidence Insurance Governing Board	3929.51	87979
Minority Development Financing Board	122.72	87980
Multi-Agency Radio Communications Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	87981
Multidisciplinary Council	3746.03	87982
Muskingum River Advisory Council	1501.25	87983
National Museum of Afro-American History and Culture Planning Committee	149.303	87984
~~Nursing Facility Reimbursement Study Council~~	~~5111.34~~	87985
Ohio Advisory Council for the Aging	173.03	87986
Ohio Aerospace & Defense Advisory Council	122.98	87987
Ohio Arts Council	3379.02	87988
Ohio Business Gateway Steering Committee	5703.57	87989
Ohio Cemetery Dispute Resolution Commission	4767.05	87990
Ohio Civil Rights Commission Advisory Agencies and Conciliation Councils	4112.04(B)	87991
Ohio Commercial Insurance Joint Underwriting Association Board Of Governors	3930.03	87992
Ohio Commercial Market Assistance Plan Executive Committee	3930.02	87993
Ohio Commission on Dispute Resolution and Conflict Management	179.02	87994
Ohio Commission to Reform Medicaid	Section 59.29, H.B. 95, 125th GA	87995
Ohio Community Service Council	121.40	87996
Ohio Council for Interstate Adult Offender Supervision	5149.22	87997
Ohio Cultural Facilities Commission	3383.02	87998
Ohio Developmental Disabilities Council	5123.35	87999
~~Ohio Educational Telecommunications Network Commission~~	~~3353.02~~	88000
Ohio Ethics Commission	102.05	88001
Ohio Expositions Commission	991.02	88002
Ohio Family and Children First Cabinet Council	121.37	88003
Ohio Geology Advisory Council	1505.11	88004
Ohio Grape Industries Committee	924.51	88005
Ohio Hepatitis C Advisory Commission	3701.92	88006
Ohio Historic Site Preservation Advisory Board	149.301	88007
Ohio Historical Society Board of Trustees	149.30	88008
Ohio Judicial Conference	105.91	88009
Ohio Lake Erie Commission	1506.21	88010
Ohio Medical Malpractice Commission	Section 4, S.B. 281, 124th GA and Section 3, S.B. 86, 125th GA	88011
Ohio Medical Quality Foundation	3701.89	88012
Ohio Parks and Recreation Council	1541.40	88013
Ohio Peace Officer Training Commission	109.71	88014
Ohio Public Defender Commission	120.01	88015
Ohio Public Library Information Network Board	Sec. 69, H.B. 117, 121st GA, as amended by H.B. 284, 121st GA	88016
Ohio Public Works Commission	164.02	88017
Ohio Quarter Horse Development Commission	3769.086	88018
~~Ohio SchoolNet Commission~~	~~3301.80~~	88019
Ohio Small Government Capital Improvements Commission	164.02	88020
Ohio Soil and Water Conservation Commission	1515.02	88021
Ohio Standardbred Development Commission	3769.085	88022
Ohio Steel Industry Advisory Council	122.97	88023
Ohio Teacher Education and Licensure Advisory Council	3319.28(D)	88024
Ohio Thoroughbred Racing Advisory Committee	3769.084	88025
Ohio Tuition Trust Authority	3334.03	88026
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	88027
Ohio Vendors Representative Committee	3304.34	88028
Ohio War Orphans Scholarship Board	5910.02	88029
Ohio Water Advisory Council	1521.031	88030
Ohio Water Resources Council	1521.19	88031
Ohioana Library Association, Martha Kinney Cooper Memorial	3375.62	88032
Oil and Gas Commission	1509.35	88033
Operating Committee, Agricultural Commodity Marketing Programs	924.07	88034
Organized Crime Investigations Commission	177.01	88035
Parole Board	5149.10	88036
Pharmacy and Therapeutics Committee of the Dept. of Job and Family Services	5111.81	88037
Physician Loan Repayment Advisory Board	3702.81	88038
Power Siting Board	4906.02	88039
Prequalification Review Board	5525.07	88040
Private Water Systems Advisory Council	3701.346	88041
Public Employment Risk Reduction Advisory Commission	4167.02	88042
Public Health Council	3701.33	88043
Public Utilities Commission Nominating Council	4901.021	88044
Public Utility Property Tax Study Committee	5727.85	88045
Radiation Advisory Council	3748.20	88046
Reclamation Commission	1513.05	88047
Recreation and Resources Commission	1501.04	88048
Recycling and Litter Prevention Advisory Council	1502.04	88049
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	88050
Release Authority of Department of Youth Services	5139.50	88051
Savings & Loans Associations & Savings Banks Board	1181.16	88052
Schools and Ministerial Lands Divestiture Committee	501.041	88053
Second Chance Trust Fund Advisory Committee	2108.17	88054
Self-Insuring Employers Evaluation Board	4123.352	88055
Services Committee of the Workers' Compensation System	4121.06	88056
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	88057
Solid Waste Management Advisory Council	3734.51	88058
State Agency Coordinating Group	1521.19	88059
State Board of Deposit	135.02	88060
State Board of Emergency Medical Services Subcommittees	4765.04	88061
State Council of Uniform State Laws	105.21	88062
State Committee for the Purchase of Products and Services Provided by Persons with Severe Disabilities	4115.32	88063
State Criminal Sentencing Commission	181.21	88064
State Employment Relations Board	4117.02	88065
State Fire Commission	3737.81	88066
State Racing Commission	3769.02	88067
State Victims Assistance Advisory Committee	109.91	88068
Student Tuition Recovery Authority	3332.081	88069
Tax Credit Authority	122.17	88070
Technical Advisory Committee to Assist the Director of the Ohio Coal Development Office	1551.35	88071
Technical Advisory Council on Oil and Gas	1509.38	88072
Transportation Review Advisory Council	5512.07	88073
Unemployment Compensation Review Commission	4141.06	88074
Unemployment Compensation Advisory Council	4141.08	88075
Utility Radiological Safety Board	4937.02	88076
Vehicle Management Commission	125.833	88077
Veterans Advisory Committee	5902.02(K)	88078
Volunteer Fire Fighters' Dependents Fund Boards (Private and Public)	146.02	88079
Water and Sewer Commission	1525.11(C)	88080
Waterways Safety Council	1547.73	88081
Wildlife Council	1531.03	88082
Workers' Compensation System Oversight Commission	4121.12	88083
Workers' Compensation Oversight Commission Nominating Committee	4121.123	88084

Section 403.06. That existing Section 4 of Am. Sub. H.B. 516	88085
of the 125th General Assembly is hereby repealed.	88086

Section 403.10.01. That Section 26.01 of Am. Sub. S.B. 189 of	88087
the 125th General Assembly be amended to read as follows:	88088

Reappropriations

Sec. 26.01. ~~OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK~~	88089
~~COMMISSION~~ETC ETECH OHIO	88090

CAP-001	Educational Television and Radio Equipment	$	~~1,650,617~~ 3,378,684	88091
CAP-002	Educational Broadcasting Fiber Optic Network	$	51,748	88092
Total ~~Ohio Educational Telecommunications Network Commission~~ eTech Ohio		$	~~1,702,365~~ 3,430,432	88093

EDUCATIONAL TELEVISION AND RADIO EQUIPMENT

88094

The foregoing appropriation item CAP-001, Educational	88095
Television and Radio Equipment, shall be used to provide	88096
broadcasting, transmission, and production equipment to Ohio	88097
public radio and television stations, radio reading services, and	88098
~~the Ohio Educational Telecommunications Network Commission~~eTech	88099
Ohio.	88100

EDUCATIONAL BROADCASTING FIBER OPTIC NETWORK

88101

The foregoing appropriation item CAP-002, Educational	88102
Broadcasting Fiber Optic Network, shall be used to link the Ohio	88103
public radio and television stations, radio reading services, and	88104
~~the Ohio Educational Broadcasting Network~~eTech Ohio for the	88105
reception and transmission of digital communications through fiber	88106
optic cable or other technology.	88107

Section 403.10.02. That existing Section 26.01 of Am. Sub.	88108
S.B. 189 of the 125th General Assembly is hereby repealed.	88109

Section 403.07. That Section 74 of Am. Sub. S.B. 189 of the	88110
125th General Assembly be amended to read as follows:	88111

Sec. 74. Not later than June 30, ~~2005~~2006, the Director of	88112
Mental Health shall revise rule 5122-29-06 of the Administrative	88113
Code regarding the certification standards for the	88114
partial-hospitalization community mental health service. As part	88115
of the revision, the Director shall address client eligibility	88116
criteria.	88117

Section 403.08. That existing Section 74 of Am. Sub. S.B. 189	88118
of the 125th General Assembly is hereby repealed.	88119

Section 403.09. That Section 22 of Am. Sub. S.B. 189 of the	88120
125th General Assembly, as amended by Am. Sub. H.B. 16 of the	88121
126th General Assembly, be amended to read as follows:	88122

Sec. 22. All items set forth in this section are hereby	88123
appropriated out of any moneys in the state treasury to the credit	88124
of the Cultural and Sports Facilities Building Fund (Fund 030)	88125
that are not otherwise appropriated:	88126

Reappropriations

AFC CULTURAL FACILITIES COMMISSION

88127

CAP-003	Center of Science and Industry - Toledo	$	12,268	88128
CAP-004	Valentine Theatre	$	1,111	88129
CAP-005	Center of Science and Industry - Columbus	$	181,636	88130
CAP-010	Sandusky State Theatre Improvements	$	1,000,000	88131
CAP-017	Zion Center of the National Afro-American Museum	$	488,232	88132
CAP-021	Ohio Historical Center - Archives and Library Shelving	$	2,395	88133
CAP-033	Woodward Opera House Renovation	$	1,050,000	88134
CAP-037	Canton Palace Theatre Renovations	$	1,066,126	88135
CAP-038	Center Exhibit Replacement	$	750,000	88136
CAP-042	Statewide Site Exhibit/Renovation & Construction	$	625,000	88137
CAP-043	Statewide Site Repairs	$	454,000	88138
CAP-046	Cincinnati Museum Center Improvements	$	500,000	88139
CAP-052	Akron Art Museum	$	6,634,666	88140
CAP-053	Powers Auditorium Improvements	$	200,000	88141
CAP-055	Waco Museum & Aviation Learning Center	$	500,000	88142
CAP-057	Comprehensive Master Plan	$	180,000	88143
CAP-058	Cedar Bog Nature Preserve Education Center	$	766,200	88144
CAP-061	Statewide Arts Facilities Planning	$	35,931	88145
CAP-063	Robins Theatre Renovations	$	1,000,000	88146
CAP-064	Bramley Historic House	$	75,000	88147
CAP-066	Delaware County Cultural Arts Center	$	40,000	88148
CAP-068	Perry County Historical Society	$	100,000	88149
CAP-069	Cleveland Institute of Art	$	750,000	88150
CAP-071	Cleveland Institute of Music	$	750,000	88151
CAP-072	West Side Arts Consortium	$	138,000	88152
CAP-074	Stan Hywet Hall & Gardens	$	250,000	88153
CAP-075	McKinley Museum Improvements	$	125,000	88154
CAP-076	Spring Hill Historic Home	$	125,000	88155
CAP-077	Western Reserve Ballet Improvements	$	100,000	88156
CAP-078	Midland Theatre	$	175,000	88157
CAP-079	Lorain Palace Civic Theatre	$	200,000	88158
CAP-080	Great Lakes Historical Society	$	150,000	88159
CAP-734	Hayes Presidential Center	$	75,000	88160
CAP-745	Historic Sites and Museums	$	750,000	88161
CAP-753	Buffington Island State Memorial	$	91,500	88162
CAP-770	Serpent Mound State Memorial	$	295,000	88163
CAP-784	Ohio Historical Center Rehabilitation	$	673,700	88164
CAP-786	Piqua/Ft Picakawillany Acquisition and Improvements	$	136,000	88165
CAP-789	Neil Armstrong Air and Space Museum Improvements	$	103,516	88166
CAP-791	Harrison Tomb and Site Renovations	$	149,500	88167
CAP-796	Moundbuilders State Memorial	$	530,000	88168
CAP-806	Grant Boyhood Home Improvements	$	68,333	88169
CAP-809	Cincinnati Ballet Facility Improvements	$	450,000	88170
CAP-810	Toledo Museum of Art Improvements	$	2,000,000	88171
CAP-814	Crawford Museum of Transportation & Industry	$	2,500,000	88172
CAP-820	Historical Center Ohio Village Buildings	$	502,000	88173
CAP-821	Lorain County Historical Society	$	300,000	88174
CAP-822	Madison County Historic Schoolhouse	$	40,000	88175
CAP-823	Marion Palace Theatre	$	825,000	88176
CAP-824	McConnellsville Opera House	$	75,000	88177
CAP-825	Secrest Auditorium	$	75,000	88178
CAP-826	Renaissance Theatre	$	50,000	88179
CAP-827	Trumpet in the Land	$	100,000	88180
~~CAP-828~~	~~Becky Thatcher Showboat~~	$	~~30,000~~	88181
CAP-829	Mid Ohio Valley Players	$	~~50,000~~ 80,000	88182
CAP-830	The Anchorage	$	50,000	88183
CAP-831	Wayne County Historical Society	$	300,000	88184
CAP-833	Promont House Museum	$	200,000	88185
~~CAP-836~~	~~Fairfield Outdoor Theatre~~	$	~~100,000~~	88186
CAP-837	Lake County Historical Society	$	250,000	88187
CAP-839	Hancock Historical Society	$	75,000	88188
CAP-840	Riversouth Development	$	1,000,000	88189
CAP-841	Ft. Piqua Hotel	$	200,000	88190
CAP-843	Marina District/Ice Arena Development	$	4,000,000	88191
Total Cultural Facilities Commission		$	~~34,470,114~~	88192
	34,370,114	88193
TOTAL CULTURAL and Sports Facilities Building Fund		$	~~34,470,114~~	88194
	34,370,114	88195

COSI COLUMBUS - LOCAL ADMINISTRATION OF CAPITAL PROJECT	88196
CONTRACTS	88197

Notwithstanding division (A) of section 3383.07 of the	88198
Revised Code, the Ohio Cultural Facilities Commission, with	88199
respect to the foregoing appropriation item CAP-005, Center of	88200
Science and Industry - Columbus, may administer all or part of	88201
capital facilities project contracts involving exhibit fabrication	88202
and installation as determined by the Department of Administrative	88203
Services, the Center of Science and Industry - Columbus, and the	88204
Ohio Cultural Facilities Commission in review of the project	88205
plans. The Ohio Cultural Facilities Commission shall enter into a	88206
contract with the Center of Science and Industry - Columbus to	88207
administer the exhibit fabrication and installation contracts and	88208
such contracts are not subject to Chapter 123. or 153. of the	88209
Revised Code.	88210

SPORTS FACILITIES IMPROVEMENTS - AKRON

88211

The amount reappropriated to the Cultural and Sports	88212
Facilities Building Fund (Fund 030), CAP-024, Sports Facilities	88213
Improvements - Akron, is the unallotted and unencumbered balance	88214
in the Sports Facilities Building Fund (Fund 024), CAP-024, Sports	88215
Facilities Improvements - Akron.	88216

REDS HALL OF FAME

88217

The amount reappropriated to the Cultural and Sports	88218
Facilities Building Fund (Fund 030), CAP-025, Reds Hall of Fame,	88219
is the unallotted and unencumbered balance in the Sports	88220
Facilities Building Fund (Fund 024), CAP-025, Reds Hall of Fame.	88221

AKRON ART MUSEUM

88222

The amount reappropriated for the foregoing appropriation	88223
item CAP-052, Akron Art Museum, is the unencumbered and unallotted	88224
balance as of June 30, 2004, in appropriation item CAP-052, Akron	88225
Art Museum, plus $1,634,666.	88226

RIVERSOUTH DEVELOPMENT

88227

The amount reappropriated for the foregoing appropriation	88228
item CAP-840, Riversouth Development, is the unencumbered and	88229
unallotted balance as of June 30, 2004, in appropriation item	88230
CAP-840, Riversouth Development, minus $9,000,000.	88231

MARINA DISTRICT/ICE ARENA DEVELOPMENT

88232

The amount reappropriated to the Cultural and Sports	88233
Facilities Building Fund (Fund 030), CAP-843, Marina District/Ice	88234
Arena Development, is the unallotted and unencumbered balance in	88235
the Sports Facilities Building Fund (Fund 024), CAP-073, Marina	88236
District/Ice Arena Development.	88237

Section 403.10. That existing Section 22 of Am. Sub. S.B. 189	88238
of the 125th General Assembly, as amended by Am. Sub. H.B. 16 of	88239
the 126th General Assembly, is hereby repealed.	88240

Section 403.11. That Section 3 of Am. Sub. H.B. 621 of the	88241
122nd General Assembly, as most recently amended by Am. Sub. H.B.	88242
95 of the 125th General Assembly, be amended to read as follows:	88243

Sec. 3. That sections Sec. 166.031. , Sec. 901.80. , Sec. 901.81. , Sec. 901.82. , and	88244
Sec. 901.83. of the Revised Code are hereby repealed, effective October	88245
15, ~~2005~~2007.	88246

Section 403.12. That existing Section 3 of Am. Sub. H.B. 621	88247
of the 122nd General Assembly, as most recently amended by Am.	88248
Sub. H.B. 95 of the 125th General Assembly, is hereby repealed.	88249

Section 403.17. That Section 153 of Am. Sub. H.B. 117 of the	88250
121st General Assembly, as most recently amended by Am. Sub. H.B.	88251
95 of the 125th General Assembly, be amended to read as follows:	88252

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	88253
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	88254
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	88255
repealed, effective October 16, ~~2005~~2007.	88256

(B) Any money remaining in the Legislative Budget Services	88257
Fund on October 16, ~~2005~~2007, the date that section 5112.19 of	88258
the Revised Code is repealed by division (A) of this section,	88259
shall be used solely for the purposes stated in then former	88260
section 5112.19 of the Revised Code. When all money in the	88261
Legislative Budget Services Fund has been spent after then former	88262
section 5112.19 of the Revised Code is repealed under division (A)	88263
of this section, the fund shall cease to exist.	88264

Section 403.18. That existing Section 153 of Am. Sub. H.B.	88265
117 of the 121st General Assembly, as most recently amended by Am.	88266
Sub. H.B. 95 of the 125th General Assembly, is hereby repealed.	88267

Section 403.23. That Section 5 of Am. Sub. S.B. 50 of the	88268
121st General Assembly, as most recently amended by Am. Sub. H.B.	88269
95 of the 125th General Assembly, be amended to read as follows:	88270

Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	88271
General Assembly shall take effect July 1, ~~2005~~2007.	88272

Section 403.24. That existing Section 5 of Am. Sub. S.B. 50	88273
of the 121st General Assembly, as most recently amended by Am.	88274
Sub. H.B. 95 of the 125th General Assembly is hereby repealed.	88275

* Section 490.03. That Section 59.19 of Am. Sub. H.B. 95 of	88276
the 125th General Assembly is hereby repealed.	88277

* Section 490.04. Section 89.17 of Am. Sub. H.B. 95 of the	88278
125th General Assembly is hereby repealed.	88279

Section 490.06. That Section 147 of Am. Sub. H.B. 95 of the	88280
125th General Assembly is hereby repealed.	88281

Section 503.03. As used in this section, "state agency" means	88282
the administrative departments identified in section 121.02 of the	88283
Revised Code and the bureau of workers' compensation.	88284

During 2005, the Auditor of State shall examine the	88285
compliance of each state agency with the requirements of section	88286
131.02 of the Revised Code. The examination shall inquire into the	88287
following matters:	88288

(A) The practices and procedures used by the agency to	88289
collect claims before the claims are certified to the Attorney	88290
General as required by section 131.02 of the Revised Code;	88291

(B) The number of individuals employed by the agency or	88292
engaged under contract with the agency in 2003 and 2004 whose only	88293
or whose primary duty is to collect amounts owed to the agency;	88294

(C) For claims certified to the Attorney General under	88295
section 131.02 of the Revised Code in 2003 and 2004, the average	88296
number of days elapsing between the last day for timely payment of	88297
the claims and the day the agency certified the claim to the	88298
Attorney General.	88299

For the purposes of the examination required by this section,	88300
the Auditor of State may request a state agency to provide reports	88301
to the Auditor of State on the matters described under divisions	88302
(A), (B), and (C) of this section. State agencies shall provide	88303
such reports to the Auditor of State within 60 days after the	88304
request, but the Auditor of State may extend the time for	88305
providing the report for good cause for up to sixty days.	88306

Not later than March 31, 2006, the Auditor of State shall	88307
submit a written report of the Auditor of State's findings under	88308
this section to the Governor, the Speaker of the House of	88309
Representatives, the President of the Senate, and the Legislative	88310
Service Commission.	88311

Section 503.09. (A) There is hereby created the Correctional	88312
Faith-Based Initiatives Task Force consisting of the following	88313
seventeen members:	88314

(1) One member of the House of Representatives appointed by	88315
the Speaker of the House of Representatives;	88316

(2) One member of the House of Representatives appointed by	88317
the leader of the minority party of the House of Representatives;	88318

(3) One member of the Senate appointed by the President of	88319
the Senate;	88320

(4) One member of the Senate appointed by the Minority Leader	88321
of the Senate;	88322

(5) Two members appointed by the Governor;

88323

(6) The Director of Rehabilitation and Correction or the	88324
director's designee;	88325

(7) Three members appointed by the Director of Rehabilitation	88326
and Correction who have expertise or experience in faith-based	88327
programs in the correctional setting;	88328

(8) The Director of Job and Family Services or the director's	88329
designee;	88330

(9) The Director of Youth Services or the director's	88331
designee;	88332

(10) One member appointed by the Director of Youth Services	88333
who has expertise or experience in the juvenile court system;	88334

(11) The Director of Alcohol and Drug Addiction Services or	88335
the director's designee;	88336

(12) The Director of Mental Health or the director's	88337
designee;	88338

(13) The Executive Director of the Division of Criminal	88339
Justice Services or the executive director's designee;	88340

(14) One member appointed by the executive assistant in	88341
charge of the Governor's Office of Faith-Based and Community	88342
Initiatives.	88343

(B) The Director of Rehabilitation and Correction, or the	88344
director's designee, and the member of the House of	88345
Representatives appointed by the Speaker of the House of	88346
Representatives shall be co-chairs of the task force. The task	88347
force shall meet at least once each month. The Department of	88348
Rehabilitation and Correction shall provide the task force with a	88349
meeting room and secretarial assistance.	88350

(C) The task force shall study seamless faith-based solutions	88351
to problems in the correctional system, focusing on diversion	88352
programs, programs and services in the prison system and for	88353
families of incarcerated individuals, and the faith-based and	88354
nonprofit organizations that provide the programs and services.	88355
The task force shall examine existing faith-based programs in	88356
prisons in Ohio and other states and shall consider the	88357
feasibility of replicating programs from other states and	88358
developing model faith-based penal institutions, faith-based units	88359
within penal institutions, and faith-based programs to reduce	88360
recidivism of offenders after their release from prison, improve	88361
prison management, and deal with juveniles who have been held over	88362
to or are in the adult penal system or who have parents who are	88363
incarcerated.	88364

(D) On or before the first anniversary of the effective date	88365
of this section, the task force shall provide a written report and	88366
recommendations to the Governor, the Speaker of the House of	88367
Representatives, and the President of the Senate. Upon submitting	88368
the report and recommendations, the task force shall cease to	88369
exist.	88370

Section 503.12. (A) There is hereby created the Local	88371
Government and Library Revenue Distribution Task Force consisting	88372
of the following members:	88373

(1) Five members of the House of Representatives to be	88374
appointed by the Speaker of the House of Representatives, at least	88375
two of whom shall be from the minority party;	88376

(2) Five members of the Senate to be appointed by the	88377
President of the Senate, at least two of whom shall be from the	88378
minority party.	88379

All appointments shall be made within thirty days after the	88380
effective date of this section. Vacancies on the Task Force shall	88381
be filled in the same manner as the original appointments. The	88382
Task Force shall designate one of the members to serve as	88383
chairperson. The initial meeting to organize the Task Force shall	88384
be called by the Tax Commissioner.	88385

(B) The Task Force shall study potential sources of state	88386
funding for the Local Government Fund, the Library and Local	88387
Government Support Fund, and the Local Government Revenue	88388
Assistance Fund that have the capacity to allow for growth in	88389
funding levels and to provide stability in funding levels. In	88390
addition, the Task Force shall consider changes to the codified	88391
funding formulae for the Local Government Fund, the Library and	88392
Local Government Support Fund, and the Local Government Revenue	88393
Assistance Fund that reflect the reform to Ohio tax code.	88394

(C) The Task Force shall receive staff assistance from the	88395
Tax Commissioner and may request assistance from the Legislative	88396
Service Commission. The Task Force shall consult with the County	88397
Commissioners Association of Ohio, the Ohio Township Association,	88398
the Ohio Municipal League, the Ohio Library Council, and the Ohio	88399
Parks and Recreation Association. The Task Force shall also seek	88400
the input and testimony of other interested parties.	88401

(D) Not later than December 1, 2006, the Task Force shall	88402
submit a report to the Governor and to the General Assembly	88403
setting forth its recommendations for sources of funding for the	88404
funds specified in division (B) of this section, together with	88405
suggested legislation to implement the recommendations.	88406

(E) The Task Force shall cease to exist upon issuing its	88407
report.	88408

Section 503.15. (A) Notwithstanding any other provision of	88409
law to the contrary, the appointment and removal provisions of the	88410
resolutions and ordinances governing the board of trustees of any	88411
regional transit authority consisting of a county having a	88412
population of at least five hundred thousand, according to the	88413
2000 federal census, and two municipal corporations, are void on	88414
the effective date of this act. The appointment and removal of the	88415
board of trustees of such regional transit authority shall comply	88416
with section 306.331 of the Revised Code.	88417

(B) Within the first five days after the effective date of	88418
this act, the county and municipal corporations of such regional	88419
transit authority shall appoint a new board of trustees for the	88420
regional transit authority in accordance with section 306.331 of	88421
the Revised Code.	88422

(C) Notwithstanding any other provision of law to the	88423
contrary, on the fifth day after the effective date of this act,	88424
the board of trustees of such regional transit authority, as	88425
constituted on the effective date of this act, is dissolved and	88426
the board appointed in accordance with section 306.331 of the	88427
Revised Code shall meet and organize.	88428

(D) This act shall not be construed as affecting the validity	88429
of any action of such regional transit authority taken prior to	88430
the effective date of this act.	88431

Section 506.03. (A) The Governor is hereby authorized to	88432
execute a deed in the name of the state conveying to	88433
Hocking.Athens.Perry Community Action and its successors and	88434
assigns all of the state's right, title, and interest in the	88435
following described real estate:	88436

Situate in the Village of Glouster, Trimble Township, Athens	88437
County, Ohio, and being a part of a tract as described in Volume	88438
384, Page 47 of the Deed Records of Athens County, and being more	88439
particularly described as follows:	88440

Beginning at an iron pin set at the northeast corner of Lot	88441
848 of the Wassall Fire Clay Company's Addition to the Village of	88442
Glouster; thence along the south line of a 10.00 foot alley South	88443
85º 54' 29" East 219.30 feet to an iron pin set, thence along the	88444
west line of a 4.27 acre tract (ORV 4-442) South 2º 25' 37" East,	88445
528.53 feet to an iron pin found; thence along the west line of a	88446
44.21 acre tract (ORV 172-611) South 24º 08' 53" West, 412.51 feet	88447
to an iron pin found; thence North 81º 51' 07" West 594.65 feet to	88448
a point on the east right of way line of the former Toledo and	88449
Ohio Central Railroad (passing an iron pin found at 586.43 feet);	88450
thence along said line North 1º 39' 06" West, 734.24 feet to an	88451
iron pin found; thence along the south line of Lot 860 in said	88452
Village South 85º 54' 11" East, 188.77 feet to an iron pin set;	88453
thence along the east line of Lots 860 and 859 North 4º 05' 20"	88454
East, 100.00 feet to an iron pin set (an iron pin found for	88455
reference bears South 70º 30' 21" East, 1.01 feet); thence along	88456
the south line of Lots 857 and 848 South 85º 54' 29" East, 340.04	88457
feet to an iron pin found; thence along the east line of Lot 848	88458
North 4º 05' 30" East, 40.00 feet to the point of beginning and	88459
containing 14.046 acres.	88460

Subject to all Easements and Rights of Way of Record.

88461

Bearings used are to an assumed meridian and are for angular	88462
determination only.	88463

Surveyed October 1996 by Kenneth E. Highland, Ohio PLS	88464
#S-7581.	88465

EXCEPTING THEREFROM THE FOLLOWING DESCRIBED TWO TRACTS:

88466

Tract 1-0.020 acre: Situate in the Village of Glouster,	88467
Trimble Township, Athens County, Ohio, and being a part of a tract	88468
as previously described in Volume 384, Page 47 of the Deed Records	88469
of Athens County and being more particularly described as follows:	88470
Commencing at an iron pin set at the southeast corner of Lot 860	88471
of the Wassall Fire Clay Company's Addition to the Village of	88472
Glouster; thence along the south line of said lot North 85º 54'	88473
11" West, 88.77 feet to an iron pin set at the point of beginning	88474
of this tract; thence leaving said line and along a new line South	88475
4º 05' 49" West, 15.00 feet to a point (passing an iron pin set at	88476
10.00 feet); thence along a new line parallel to the south line of	88477
the previously mentioned lot line North 85º 54' 11" West, 60.00	88478
feet to an iron pin set; thence North 4º 05' 49" East, 15.00 feet	88479
to an iron pin set on grantors most westerly north line (passing	88480
an iron pin set at 5.00 feet); thence along said line South 85º	88481
54' 11" East, 60.00 feet to the point of beginning and containing	88482
0.020 acre. Subject to all easements and rights of way of record.	88483
Bearings used are to an assumed meridian and are for angular	88484
determination only. Surveyed August 1997 by Kenneth E. Highland,	88485
Ohio PLS #S-7581.	88486

Deed Reference:Volume 263, Page 540 and Volume 299, Page 185,	88487
Athens County Official Records.	88488

Tract 2-0.013 acre: Situate in the Village of Glouster,	88489
Trimble Township, Athens County, Ohio, and being a part of a tract	88490
as previously described in Volume 384, Page 47 of the Deed Records	88491
of Athens County and being more particularly described as follows:	88492
Commencing at an iron pin set at the southwest corner of Lot 857	88493
of the Wassall Fire Clay Company's Addition to the Village of	88494
Glouster; thence along the south line of said lot South 85º 54'	88495
29" East, 90.00 feet to an iron pin set at the point of beginning	88496
of this tract; thence continuing along said line South 85º 54' 29"	88497
East, 60.00 feet to an iron pin set at the southeast corner of	88498
said lot; thence along a new line South 4º 05' 31" West 10.00 feet	88499
to an iron pin set; thence along a line parallel to the south line	88500
of Lot 857 North 85º 54' 29" West, 60.00 feet to an iron pin set;	88501
thence along a new line North 4º 05' 31" East, 10.00 feet to the	88502
point of beginning and containing 0.013 acre. Subject to all	88503
easements and rights of way of record. Bearings used are to an	88504
assumed meridian and are for angular determination only. Surveyed	88505
August 1997 by Kenneth E. Highland, Ohio PLS #S-7581; revised June	88506
2000.	88507

Deed Reference:Volume 299, Page 704; Volume 263, Page 544;	88508
and Volume 299, Page 183, Athens County Official Records.	88509

DEED REFERENCE:VOLUME _____, PAGE _____; VOLUME 298, PAGE	88510
2439; AND VOLUME 258, PAGE 79, ATHENS COUNTY OFFICIAL RECORDS.	88511

(B) Consideration for the conveyance of the real estate	88512
described in division (A) of this section is the purchase price of	88513
one dollar.	88514

(C) Upon payment of the purchase price, the Auditor of State,	88515
with the assistance of the Attorney General, shall prepare a deed	88516
to the real estate described in division (A) of this section. The	88517
deed shall state the consideration. The deed shall be executed by	88518
the Governor in the name of the state, countersigned by the	88519
Secretary of State, sealed with the Great Seal of the State,	88520
presented in the Office of the Auditor of State for recording, and	88521
delivered to Hocking.Athens.Perry Community Action.	88522
Hocking.Athens.Perry Community Action shall present the deed for	88523
recording in the Office of the Athens County Recorder.	88524

(D) Hocking.Athens.Perry Community Action shall pay the costs	88525
of the conveyance of the real estate described in division (A) of	88526
this section.	88527

(E) This section expires one year after its effective date.

88528

Section 506.06. (A) The Governor is hereby authorized to	88529
execute a deed in the name of the state conveying to the	88530
purchaser, and the purchaser's heirs and assigns or successors and	88531
assigns, all of the state's right, title, and interest in the	88532
following described real estate:	88533

Situated in the State of Ohio, County of Clark and the Township of	88534
Springfield, City of Springfield.	88535

Being a part of the Southwest quarter of Section	88536
twenty-three, Township five, Range nine and a part of the west	88537
half of Section seventeen, Township five, Range nine, B.M.R.S.	88538

Beginning at the intersection of the centerline of the Old	88539
National Road (now the west bound lane of the New National Road)	88540
with the East line of Section twenty-three;	88541

thence with the centerline of said road S 86°30'W 20.0 feet;

88542

thence parallel to the section line N 2°0'W 1000.0 feet to a	88543
point;	88544

thence N 86°30' E 20.0 feet to a point on the section line;

88545

thence with the section line N 2°0' W 94.63 feet to a bar;

88546

thence N 86°30' E 683.10 feet to a stake in the Ogden Road	88547
right of way;	88548

thence with said road S 2°0' E 525.05 feet to a point in the	88549
road;	88550

thence S 86°30' W 20.0 feet to a point;

88551

thence parallel to the road S 2°0' E 569.58 feet to the	88552
centerline of the Old National Road;	88553

thence with said road S 86°30' W 663.10 feet to the place of	88554
beginning, and containing seventeen and thirty-six hundredths	88555
(17.36) Acres of land	88556

Being a part of the same premises conveyed to said Board of	88557
county commissioners of Clark County, Ohio, by the following:	88558

Deed from Mary E. Kinnane dated August 20, 1920, and recorded	88559
in Volume 170, page 464; Deed from the Board of County	88560
Commissioners of Champaign County, Ohio dated January 30, 1925,	88561
and recorded in Volume 239, Page 155; Deed from Board of	88562
Commissioners of Greene County, Ohio dated January 30, 1925, and	88563
recorded in Volume 239, Page 160; Deed from Board of County	88564
Commissioners of Madison County, Ohio, dated January 30, 1925, and	88565
recorded in Volume 239, page 153; all in the Deed Records of Clark	88566
County, Prior Deed reference: Volume 568, Page 61.	88567

(B) The Ohio Department of Mental Retardation and	88568
Developmental Disabilities shall appraise the real estate	88569
described in division (A) of this section or have it appraised by	88570
one or more disinterested persons for a fee to be determined by	88571
the Department.	88572

(C) The Director of Administrative Services shall offer the	88573
real estate described in division (A) of this section for sale as	88574
follows:	88575

(1) The Director shall review the appraisal, establish an	88576
appraised value for the real estate, and provide notice to the	88577
Ohio Department of Mental Retardation and Developmental	88578
Disabilities of any interest expressed by any state entity in	88579
acquiring the real estate at the appraised value. The Director	88580
shall first offer the real estate at the appraised value to any	88581
state entity that has expressed an interest in so acquiring the	88582
real estate.	88583

(2) If no state entity expresses an interest in acquiring the	88584
real estate at the appraised value, or if a state entity accepts	88585
the offer mentioned in division (C)(1) of this section but fails	88586
to timely complete the purchase, the Director shall offer the real	88587
estate at the appraised value to the Board of County Commissioners	88588
of Clark County.	88589

(3) If, after thirty days, the Board of County Commissioners	88590
of Clark County does not accept such an offer to purchase the real	88591
estate at the appraised value, or if the Board accepts the offer	88592
but fails to timely complete the purchase, the Director shall	88593
offer the real estate at the appraised value to the City of	88594
Springfield.	88595

(4)(a) If, after thirty days, the City of Springfield does	88596
not accept such an offer to purchase the real estate at the	88597
appraised value, or if the City of Springfield accepts the offer	88598
but fails to timely complete the purchase, a public auction of the	88599
real estate shall be held in accordance with division (C)(4)(c) of	88600
this section and with a required sale price of not less than	88601
two-thirds of the appraised value.	88602

(b) If, after a public auction as provided for in division	88603
(C)(4)(a) of this section, no bids for at least two-thirds of the	88604
appraised value are received, a second public auction shall be	88605
held in accordance with division (C)(4)(c) of this section, and	88606
the real estate shall be sold, subject to that division, to the	88607
highest bidder at a price acceptable to both the Director of	88608
Administrative Services and the Ohio Department of Mental	88609
Retardation and Developmental Disabilities.	88610

(c) The Director may reject any and all bids at a public	88611
auction under division (C)(4)(a) or (b) of this section. The	88612
Director shall advertise each auction in a newspaper of general	88613
circulation in Clark County once a week for three consecutive	88614
weeks immediately prior to the date of the auction. The terms of	88615
sale of the real estate at an auction shall be ten per cent of the	88616
purchase price in cash, bank draft, or certified check on the date	88617
of sale, with the balance payable within sixty days after the date	88618
of sale. A purchaser who does not complete the conditions of the	88619
sale as stipulated in this section shall forfeit the ten per cent	88620
of the purchase price paid on the date of sale to the state as	88621
liquidated damages.	88622

(D) The real estate described in division (A) of this section	88623
shall be sold as an entire parcel and not subdivided.	88624

(E) Advertising costs, appraisal fees, and all other costs of	88625
the sale of the real estate described in division (A) of this	88626
section shall be paid by the Ohio Department of Mental Retardation	88627
and Developmental Disabilities.	88628

(F) Upon payment of ten per cent of the purchase price in	88629
accordance with division (C) of this section, or upon notice from	88630
the Director of Administrative Services that the real estate	88631
described in division (A) of this section has been sold other than	88632
at a public auction in accordance with division (C) of this	88633
section, the Auditor of State, with the assistance of the Attorney	88634
General, shall prepare a deed to the real estate described in	88635
division (A) of this section. The deed shall state the	88636
consideration. The deed shall be executed by the Governor in the	88637
name of the state, countersigned by the Secretary of State, sealed	88638
with the Great Seal of the State, presented in the Office of the	88639
Auditor of State for recording, and delivered to the purchaser	88640
upon the payment of the balance of the purchase price. The	88641
purchaser shall present the deed for recording in the Office of	88642
the Clark County Recorder.	88643

(G) The net proceeds of the sale of the real estate described	88644
in division (A) of this section shall be deposited in the state	88645
treasury to the credit of the Mental Health Facilities Improvement	88646
Fund created in section 154.20 of the Revised Code and shall be	88647
used to offset bond indebtedness for Springview Developmental	88648
Center capital projects.	88649

(H) This section shall expire two years after its effective	88650
date.	88651

Section 509.03. (A)(1) The Clerk of the Medina Municipal	88652
Court shall be elected by the qualified electors of the territory	88653
of the court in the manner that is provided for the election of	88654
the judge of that court in section 1901.07 of the Revised Code at	88655
the first general election that occurs not less than six months	88656
after the effective date of this section.	88657

(2) Notwithstanding division (A)(1)(a) of section 1901.31 of	88658
the Revised Code, the term of the Clerk of the Medina Municipal	88659
Court elected under division (A)(1) of this section shall commence	88660
on the first day of January following the clerk's election and	88661
continue until the clerk's successor is elected and qualified. The	88662
clerk's successor shall be elected pursuant to the schedule for	88663
the election of the judge of that court in sections 1901.07 and	88664
1901.08 of the Revised Code.	88665

(B) The Clerk of the Medina Municipal Court shall continue in	88666
office until the clerk elected pursuant to division (A) of this	88667
section takes office. If the office of Clerk of the Medina	88668
Municipal Court becomes vacant prior to the date that the clerk	88669
elected pursuant to division (A) of this section takes office, the	88670
judges of the court shall appoint a clerk to serve until the clerk	88671
elected pursuant to division (A) of this section takes office.	88672

Section 512.03. The Motor Vehicle Inspection and Maintenance	88673
Fund that is created in section 3704.14 of the Revised Code, as	88674
reenacted by this act, is a continuation of the Motor Vehicle	88675
Inspection and Maintenance Fund that was created in section	88676
3704.14 of the Revised Code, as repealed by this act. Money	88677
credited to the Fund under former section 3704.14 of the Revised	88678
Code shall be used for the purposes specified in new section	88679
3704.14 of the Revised Code, as enacted by this act.	88680

Section 553.01. (A) As used in this section:

88681

(1) "Qualifying delinquent taxes" means any tax levied under	88682
Chapter 5733., 5739., 5741., 5747., or 5748. of the Revised Code,	88683
including the taxes levied under sections 5733.41 and 5747.41 of	88684
the Revised Code and taxes required to be withheld under Chapters	88685
5747. and 5748. of the Revised Code, which were due and payable	88686
from any person as of May 1, 2005, were unreported or	88687
underreported, and remain unpaid.	88688

(2) "Qualifying delinquent personal property taxes" means a	88689
tax for which a return is filed under section 5711.02 of the	88690
Revised Code. (3) "Qualifying delinquent taxes" and "qualifying	88691
delinquent personal property taxes" do not include any tax for	88692
which a notice of assessment or audit has been issued, for which a	88693
bill has been issued, or for which an audit has been conducted or	88694
is currently being conducted.	88695

(B) The Tax Commissioner shall establish and administer a tax	88696
amnesty program with respect to qualifying delinquent taxes and	88697
qualifying delinquent personal property taxes. The program shall	88698
commence on November 1, 2005, and shall conclude on December 15,	88699
2005. The Tax Commissioner shall issue forms and instructions and	88700
take other actions necessary to implement the program. The Tax	88701
Commissioner shall publicize the program so as to maximize public	88702
awareness and participation in the program.	88703

(C)(1) During the program, if a person pays the full amount	88704
of qualifying delinquent taxes owed by that person and one-half of	88705
any interest that has accrued as a result of the person failing to	88706
pay those taxes in a timely fashion, the Tax Commissioner shall	88707
waive or abate all applicable penalties and one-half of any	88708
interest that accrued on the qualifying delinquent taxes.	88709

(2) During the program, if a person who owes qualifying	88710
delinquent personal property taxes files a return with the Tax	88711
Commissioner, in the form and manner prescribed by the Tax	88712
Commissioner, listing all taxable property that was required to be	88713
listed on the return required to be filed under section 5711.02 of	88714
the Revised Code, the Tax Commissioner shall issue a preliminary	88715
assessment certificate to the appropriate county auditor. Upon	88716
receiving a preliminary assessment certificate issued by the Tax	88717
Commissioner pursuant to this division, the county auditor shall	88718
compute the amount of qualifying delinquent personal property	88719
taxes owed by the person and shall add to that amount one-half of	88720
the interest prescribed under sections 5711.32 and 5719.041 of the	88721
Revised Code. The county treasurer shall collect the amount of tax	88722
and interest computed by the county auditor under this division by	88723
preparing and mailing a tax bill to the person as prescribed in	88724
section 5711.32 of the Revised Code. If the person pays the full	88725
amount of tax and interest thereon on or before the date shown on	88726
the tax bill all applicable penalties and one-half of any interest	88727
that accrued on the qualifying delinquent personal property taxes	88728
shall be waived.	88729

(3) No payment required under division (G) of section 321.24	88730
of the Revised Code shall be made with respect to any person who	88731
pays qualifying delinquent personal property taxes under division	88732
(C)(2) of this section.	88733

(4) Notwithstanding any contrary provision of the Revised	88734
Code, the Tax Commissioner shall not furnish to the county auditor	88735
any information pertaining to the exemption from taxation under	88736
division (C)(3) of section 5709.01 of the Revised Code insofar as	88737
that information pertains to any person who pays qualifying	88738
delinquent personal property taxes under division (C)(2) of this	88739
section.	88740

(D) The Tax Commissioner may require a person participating	88741
in the program to file returns or reports, including amended	88742
returns and reports, in connection with the person's payment of	88743
qualifying delinquent taxes or qualifying delinquent personal	88744
property taxes.	88745

(E) A person who participates in the program and pays in full	88746
any outstanding qualifying delinquent tax or qualifying delinquent	88747
personal property tax and the interest payable on such tax in	88748
accordance with this section shall not be subject to any criminal	88749
prosecution or any civil action with respect to that tax, and no	88750
assessment shall thereafter be issued against that person with	88751
respect to that tax.	88752

(F) Taxes and interest collected under the program shall be	88753
credited to the General Revenue Fund, except that:	88754

(1) Qualifying delinquent personal property taxes and	88755
interest payable thereon shall be credited to the appropriate	88756
county undivided income tax fund, and the county auditor shall	88757
distribute the amount thereof among the various taxing districts	88758
in the county as if it had been levied, collected, and settled, as	88759
personal property taxes;	88760

(2) Qualifying delinquent taxes levied under section	88761
5739.021, 5739.023, or 5739.026 of the Revised Code shall be	88762
distributed to the appropriate counties and transit authorities in	88763
accordance with section 5739.21 of the Revised Code during the	88764
next distribution required under that section;	88765

(3) Qualifying delinquent taxes levied under section	88766
5741.021, 5741.022, or 5741.023 of the Revised Code shall be	88767
distributed to the appropriate counties and transit authorities in	88768
accordance with section 5741.03 of the Revised Code during the	88769
next distribution required under that section; and	88770

(4) Qualifying delinquent taxes levied under Chapter 5748. of	88771
the Revised Code shall be credited to the school district income	88772
tax fund and then paid to the appropriate school district during	88773
the next payment required under division (D) of section 5747.03 of	88774
the Revised Code.	88775

Section 553.02. Section 553.01 of this act is hereby	88776
repealed, effective December 16, 2005. The repeal of Section	88777
553.01 of this act does not affect, after the effective date of	88778
the repeal, the rights, remedies, or actions authorized under that	88779
section.	88780

Section 553.02.01. Notwithstanding section 5735.142 of the	88781
Revised Code, a city, exempted village, joint vocational, or local	88782
school district or educational service center that failed to file	88783
or failed to file in a timely manner an application for a refund	88784
of that portion of the motor vehicle fuel tax imposed by section	88785
5735.29 of the Revised Code that became effective on July 1, 2003,	88786
as permitted by section 5735.142 of the Revised Code, that the	88787
school district or educational service center paid through the	88788
purchase of motor fuel on or after that date may file such a	88789
refund application with the Tax Commissioner during the sixty-day	88790
period next following the effective date of this section. The Tax	88791
Commissioner shall process a refund application received under	88792
this section in accordance with section 5735.142 of the Revised	88793
Code, treating such an application as if it had been timely filed	88794
with the Tax Commissioner in accordance with that section.	88795

Section 557.03. A credit is hereby allowed against the	88796
additional estate tax imposed by section 5731.18 of the Revised	88797
Code on the estate of a decedent who dies on or after January 1,	88798
2002, but before the effective date of that section as amended by	88799
this act. The credit shall equal that portion of the additional	88800
estate tax imposed by section 5731.18 of the Revised Code that is	88801
over and above the additional estate tax that would have been	88802
imposed if the tax levied by division (A) of that section had been	88803
an amount equal to the maximum credit allowable by section 2011 of	88804
the Internal Revenue Code that was in effect and applicable on the	88805
date of such decedent's death for any taxes paid to any state.	88806

Section 557.04. Notwithstanding division (A)(3) of section	88807
5733.09 or section 5733.98 of the Revised Code, the credit allowed	88808
under section 5733.56 of the Revised Code to telephone companies	88809
for providing programs to aid the communicatively impaired shall	88810
be allowed in tax year 2005 so that there is full recovery of the	88811
tax credit under that section for that tax year.	88812

Section 557.06. (A) As used in this section, "net additional	88813
tax" means, in the case of a wholesale dealer, the net additional	88814
amount of tax resulting from the amendment by this act of section	88815
5743.02 of the Revised Code, less the discount allowed under	88816
section 5743.05 of the Revised Code as a commission for affixing	88817
and canceling stamps or meter impressions, that is due on all	88818
packages of Ohio stamped cigarettes and on all unaffixed Ohio	88819
cigarette tax stamps that the wholesale dealer has on hand as of	88820
the beginning of business on July 1, 2005, and, in the case of a	88821
retail dealer, means the net additional amount of tax resulting	88822
from the amendment by this act of section 5743.02 of the Revised	88823
Code that is due on all packages of Ohio stamped cigarettes and on	88824
all unaffixed Ohio cigarette tax stamps that the retail dealer has	88825
on hand as of the beginning of business on July 1, 2005.	88826

(B) In addition to the return required under section 5743.03	88827
of the Revised Code, each wholesale dealer and each retail dealer	88828
shall make and file a return on forms prescribed by the tax	88829
commissioner showing the net additional tax due and any other	88830
information that the commissioner considers necessary to apply	88831
sections 5743.01 to 5743.20 of the Revised Code in the	88832
administration of the net additional tax. On or before September	88833
30, 2005, each wholesale dealer and each retail dealer shall	88834
deliver the return to the treasurer of state, together with	88835
remittance of the net additional tax shown on the return to be	88836
due. A wholesale dealer or retail dealer may claim a credit equal	88837
to five per cent of the net additional tax shown on the return to	88838
be due if the wholesale dealer or retail dealer delivers the	88839
return required under this section to the treasurer of state on or	88840
before August 15, 2005, together with remittance of the net	88841
additional tax due after allowing for the five per cent credit.	88842
The treasurer of state shall stamp or otherwise mark on the return	88843
the date on which the return and remittance were received by the	88844
treasurer of state and also shall show on the return by stamp or	88845
otherwise the amount of the tax payment remitted with the return.	88846
Upon receipt, the treasurer of state shall immediately transmit	88847
all returns filed under this section to the commissioner.	88848

(C) Any wholesale or retail dealer who fails to file a return	88849
or remit net additional tax as required under this section shall	88850
forfeit and pay into the state treasury a late charge equal to	88851
fifty dollars or ten per cent of the net additional tax due,	88852
whichever is greater. If the net additional tax, or any portion	88853
thereof, whether determined by the commissioner or the wholesale	88854
or retail dealer, is not paid on or before the date prescribed for	88855
payment under this section, interest shall accrue on the unpaid	88856
amount at the rate per annum required by section 5703.47 of the	88857
Revised Code from the date prescribed for payment of the net	88858
additional tax to the date of payment or to the date the	88859
commissioner issues an assessment under section 5743.081 or	88860
5743.082 of the Revised Code, whichever occurs first. Interest	88861
shall be paid and collected in the same manner as the net	88862
additional tax.	88863

(D) Unpaid or unreported net additional taxes, late charges,	88864
and interest may be collected by assessment in the manner	88865
prescribed under sections 5743.081 and 5743.082 of the Revised	88866
Code.	88867

(E) All amounts collected under this section shall be	88868
considered revenue arising from the tax imposed by section 5743.02	88869
of the Revised Code.	88870

Section 557.09. (A) This section applies only to the	88871
semiannual period from July 1, 2005, to December 31, 2005.	88872

Notwithstanding any provision of Chapter 5751. of the Revised	88873
Code as enacted by this act, for purposes of making the first	88874
payment of the tax imposed under that chapter, a tax return for	88875
both calendar year and calendar quarter taxpayers for that	88876
semiannual period shall be filed not later than February 10, 2006.	88877
The semiannual tax payment for all taxpayers for that semiannual	88878
period shall be fifty dollars for the first five hundred thousand	88879
dollars in taxable gross receipts during that semiannual period.	88880
In addition, a tax is imposed on all taxable gross receipts for	88881
that semiannual period in excess of five hundred thousand dollars.	88882
Such tax shall equal the product of six-tenths of one mill per	88883
dollar (the result of rounding twenty-three per cent of two and	88884
six-tenths mills) times the remaining amount of taxable gross	88885
receipts after subtracting five hundred thousand dollars in	88886
taxable gross receipts.	88887

(B) Only persons excluded pursuant to divisions (E)(2) to	88888
(10) of section 5751.01 of the Revised Code, as enacted by this	88889
act, and persons with less than forty thousand dollars in taxable	88890
gross receipts during calendar year 2005 are not subject to this	88891
section.	88892

(C) The tax commissioner shall take the necessary steps to	88893
implement this section and use money in the commercial tax	88894
administrative fund to promote awareness of the tax imposed under	88895
this section and under Chapter 5751. of the Revised Code as	88896
enacted by this act by means of advertising and other reasonable	88897
means.	88898

Section 557.10. In lieu of the certification and crediting of	88899
money to the Recycling and Litter Prevention Fund in fiscal year	88900
2006 that would be required under section 5733.122 of the Revised	88901
Code if that section were not repealed by this act, the Director	88902
of Budget and Management, during fiscal year 2006, shall transfer	88903
$1,500,000 from the General Revenue Fund to the Recycling and	88904
Litter Prevention Fund according to a schedule to be determined by	88905
the Director.	88906

Section 557.12. ADJUSTMENT TO LOCAL GOVERNMENT DISTRIBUTIONS

88907

(A) On or before the seventh day of each month of the period	88908
July 2005 through June 2007, the Tax Commissioner shall determine	88909
and certify to the Director of Budget and Management the amount to	88910
be credited, by tax, during that month to the Local Government	88911
Fund, to the Library and Local Government Support Fund, and to the	88912
Local Government Revenue Assistance Fund, respectively, under	88913
divisions (B) to (G) of this section.	88914

(B) Notwithstanding sections 5727.45, 5727.84, 5733.12,	88915
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary,	88916
for each month in the period July 1, 2005, through June 30, 2007,	88917
from the utility excise, kilowatt-hour, corporation franchise,	88918
sales and use, and personal income taxes collected:	88919

(1) An amount shall first be credited to the Local Government	88920
Fund equal to the amount credited to that fund from that tax	88921
according to the schedule in divisions (C), (D), (E), and (F) of	88922
this section;	88923

(2) An amount shall next be credited to the Local Government	88924
Revenue Assistance Fund equal to the amount credited to that fund	88925
from that tax according to the schedule in divisions (C), (D),	88926
(E), and (F) of this section;	88927

(3) An amount shall next be credited to the Library and Local	88928
Government Support Fund equal to the amount credited to that fund	88929
from that tax according to the schedule in division (G) of this	88930
section.	88931

To the extent the amounts credited under divisions (B)	88932
through (G) of this section exceed the amounts that otherwise	88933
would have been credited under sections 5727.45, 5727.84, 5733.12,	88934
5739.21, 5741.03, and 5747.03 of the Revised Code, the amounts	88935
credited to the general revenue fund shall be reduced. To the	88936
extent the amounts credited under divisions (B) through (G) of	88937
this section are less than the amounts that otherwise would have	88938
been credited under sections 5727.45, 5727.84, 5733.12, 5739.21,	88939
5741.03, and 5747.03 of the Revised Code, the amounts credited to	88940
the general revenue fund shall be increased.	88941

(C) Pursuant to divisions (B)(1) and (2) of this section, the	88942
amounts shall be credited from the corporation franchise, sales	88943
and use, and personal income taxes to each respective fund as	88944
follows:	88945

(1) In July 2005, one hundred per cent of the amount credited	88946
in July 2004; in July 2006, one hundred per cent of the amount	88947
credited in July 2005;	88948

(2) In August 2005, one hundred per cent of the amount	88949
credited in August 2004; in August 2006, one hundred per cent of	88950
the amount credited in August 2005;	88951

(3) In September 2005, one hundred per cent of the amount	88952
credited in September 2004; in September 2006, one hundred per	88953
cent of the amount credited in September 2005;	88954

(4) In October 2005, one hundred per cent of the amount	88955
credited in October 2004; in October 2006, one hundred per cent of	88956
the amount credited in October 2005;	88957

(5) In November 2005, one hundred per cent of the amount	88958
credited in November 2004; in November 2006, one hundred per cent	88959
of the amount credited in November 2005;	88960

(6) In December 2005, one hundred per cent of the amount	88961
credited in December 2004; in December 2006, one hundred per cent	88962
of the amount credited in December 2005;	88963

(7) In January 2006, one hundred per cent of the amount	88964
credited in January 2005; in January 2007, one hundred per cent of	88965
the amount credited in January 2006;	88966

(8) In February 2006, one hundred per cent of the amount	88967
credited in February 2005; in February 2007, one hundred per cent	88968
of the amount credited in February 2006;	88969

(9) In March 2006, one hundred per cent of the amount	88970
credited in March 2005; in March 2007, one hundred per cent of the	88971
amount credited in March 2006;	88972

(10) In April 2006, one hundred per cent of the amount	88973
credited in April 2005; in April 2007, one hundred per cent of the	88974
amount credited in April 2006;	88975

(11) In May 2006, one hundred per cent of the amount credited	88976
in May 2005; in May 2007, one hundred per cent of the amount	88977
credited in May 2006;	88978

(12) In June 2006, one hundred per cent of the amount	88979
credited in June 2005; in June 2007, one hundred per cent of the	88980
amount credited in June 2006.	88981

(D) Pursuant to divisions (B)(1) and (2) of this section,	88982
from the public utility excise tax, amounts shall be credited to	88983
the Local Government Fund and the Local Government Revenue	88984
Assistance Fund as follows:	88985

(1) In July 2005 and July 2006, no amount shall be credited	88986
to the Local Government Fund and no amount shall be credited to	88987
the Local Government Revenue Assistance Fund;	88988

(2) In August 2005 and August 2006, no amount shall be	88989
credited to the Local Government Fund or to the Local Government	88990
Revenue Assistance Fund;	88991

(3) In September 2005 and September 2006, no amount shall be	88992
credited to the Local Government Fund or to the Local Government	88993
Revenue Assistance Fund;	88994

(4) In October 2005 and October 2006, thirty per cent of	88995
$7,870,426.16 shall be credited to the Local Government Fund and	88996
thirty per cent of $1,124,346.59 shall be credited to the Local	88997
Government Revenue Assistance Fund;	88998

(5) In November 2005 and November 2006, thirty per cent of	88999
$1,045,731.11 shall be credited to the Local Government Fund and	89000
thirty per cent of $149,390.15 shall be credited to the Local	89001
Government Revenue Assistance Fund;	89002

(6) In December 2005 and December 2006, thirty per cent of	89003
$1,210,041.67 shall be credited to the Local Government Fund and	89004
thirty per cent of $172,863.13 shall be credited to the Local	89005
Government Revenue Assistance Fund;	89006

(7) In January 2006 and January 2007, no amount shall be	89007
credited to the Local Government Fund or to the Local Government	89008
Revenue Assistance Fund;	89009

(8) In February 2006 and February 2007, thirty per cent of	89010
$1,515,069.22 shall be credited to the Local Government Fund and	89011
thirty per cent of $216,438.43 shall be credited to the Local	89012
Government Revenue Assistance Fund;	89013

(9) In March 2006 and March 2007, thirty per cent of	89014
$7,859,958.57 shall be credited to the Local Government Fund and	89015
thirty per cent of $1,122,851.24 shall be credited to the Local	89016
Government Revenue Assistance Fund;	89017

(10) In April 2006 and April 2007, no amount shall be	89018
credited to the Local Government Fund or to the Local Government	89019
Revenue Assistance Fund;	89020

(11) In May 2006 and May 2007, thirty per cent of	89021
$3,300,718.22 shall be credited to the Local Government Fund and	89022
thirty per cent of $471,531.17 shall be credited to the Local	89023
Government Revenue Assistance Fund;	89024

(12) In June 2006 and June 2007, thirty per cent of	89025
$9,344,500.89 shall be credited to the Local Government Fund and	89026
thirty per cent of $1,334,928.70 shall be credited to the Local	89027
Government Revenue Assistance Fund.	89028

(E) Pursuant to divisions (B)(1) and (2) of this section,	89029
from the kilowatt-hour tax, amounts shall be credited to the Local	89030
Government Fund and the Local Government Revenue Assistance Fund	89031
as follows:	89032

(1) In July 2005 and July 2006, no amount shall be credited	89033
to the Local Government Fund and no amount shall be credited to	89034
the Local Government Revenue Assistance Fund;	89035

(2) In August 2005 and August 2006, no amount shall be	89036
credited to the Local Government Fund or to the Local Government	89037
Revenue Assistance Fund;	89038

(3) In September 2005, and September 2006, no amount shall be	89039
credited to the Local Government Fund or to the Local Government	89040
Revenue Assistance Fund;	89041

(4) In October 2005 and October 2006, seventy per cent of	89042
$7,870,426.16 shall be credited to the Local Government Fund and	89043
seventy per cent of $1,124,346.59 shall be credited to the Local	89044
Government Revenue Assistance Fund;	89045

(5) In November 2005 and November 2006, seventy per cent of	89046
$1,045,731.11 shall be credited to the Local Government Fund and	89047
seventy per cent of $149,390.15 shall be credited to the Local	89048
Government Revenue Assistance Fund;	89049

(6) In December 2005 and December 2006, seventy per cent of	89050
$1,210,041.67 shall be credited to the Local Government Fund and	89051
seventy per cent of $172,863.13 shall be credited to the Local	89052
Government Revenue Assistance Fund;	89053

(7) In January 2006 and January 2007, no amount shall be	89054
credited to the Local Government Fund or to the Local Government	89055
Revenue Assistance Fund;	89056

(8) In February 2006 and February 2007, seventy per cent of	89057
$1,515,069.22 shall be credited to the Local Government Fund and	89058
seventy per cent of $216,438.43 shall be credited to the Local	89059
Government Revenue Assistance Fund;	89060

(9) In March 2006 and March 2007, seventy per cent of	89061
$7,859,958.57 shall be credited to the Local Government Fund and	89062
seventy per cent of $1,122,851.24 shall be credited to the Local	89063
Government Revenue Assistance Fund;	89064

(10) In April 2006 and April 2007, no amount shall be	89065
credited to the Local Government Fund or to the Local Government	89066
Revenue Assistance Fund;	89067

(11) In May 2006 and May 2007, seventy per cent of	89068
$3,300,718.22 shall be credited to the Local Government Fund and	89069
seventy per cent of $471.531.17 shall be credited to the Local	89070
Government Revenue Assistance Fund;	89071

(12) In June 2006 and June 2007, seventy per cent of	89072
$9,344,500.89 shall be credited to the Local Government Fund and	89073
seventy per cent of $1,334,928.70 shall be credited to the Local	89074
Government Revenue Assistance Fund.	89075

(F) Notwithstanding the amounts required to be credited	89076
pursuant to division (C) of this section, the amount credited each	89077
month to the Local Government Fund and the Local Government	89078
Revenue Assistance Fund from the personal income tax shall be net	89079
of a reduction. The reduction shall equal the amount by which the	89080
monthly distributions required by division (I) of this section are	89081
below the total amount that otherwise would have been credited for	89082
that month pursuant to divisions (C), (D), and (E) of this	89083
section.	89084

(G) Pursuant to division (B)(3) of this section, amounts	89085
shall be credited from the personal income tax to the Library and	89086
Local Government Support Fund as follows:	89087

(1) In July 2005, one hundred per cent of the amount credited	89088
in July 2004; in July 2006, ninety-five per cent of the amount	89089
credited in July 2005;	89090

(2) In August 2005, one hundred per cent of the amount	89091
credited in August 2004; in August 2006, ninety-five per cent of	89092
the amount credited in August 2005;	89093

(3) In September 2005, one hundred per cent of the amount	89094
credited in September 2004; in September 2006, ninety-five per	89095
cent of the amount credited in September 2005;	89096

(4) In October 2005, one hundred per cent of the amount	89097
credited in October 2004; in October 2006, ninety-five per cent of	89098
the amount credited in October 2005;	89099

(5) In November 2005, one hundred per cent of the amount	89100
credited in November 2004; in November 2006, ninety-five per cent	89101
of the amount credited in November 2005;	89102

(6) In December 2005, ninety-five per cent of the amount	89103
credited in December 2004; in December 2006, one hundred per cent	89104
of the amount credited in December 2005;	89105

(7) In January 2006, ninety-five per cent of the amount	89106
credited in January 2005; in January 2007, one hundred per cent of	89107
the amount credited in January 2006;	89108

(8) In February 2006, ninety-five per cent of the amount	89109
credited in February 2005; in February 2007, one hundred per cent	89110
of the amount credited in February 2006;	89111

(9) In March 2006, ninety-five per cent of the amount	89112
credited in March 2005; in March 2007, one hundred per cent of the	89113
amount credited in March 2006;	89114

(10) In April 2006, ninety-five per cent of the amount	89115
credited in April 2005; in April 2007, one hundred per cent of the	89116
amount credited in April 2006;	89117

(11) In May 2006, ninety-five per cent of the amount credited	89118
in May 2005; in May 2007, one hundred per cent of the amount	89119
credited in May 2006;	89120

(12) In June 2006, ninety-five per cent of the amount	89121
credited in June 2005; in June 2007, one hundred per cent of the	89122
amount credited in June 2006.	89123

(H) The total amount credited to the Local Government Fund	89124
and the Local Government Revenue Assistance Fund in each month	89125
during the period July 2005 through November 2005 shall be	89126
distributed by the tenth day of the immediately succeeding month	89127
in the following manner, and the total amount credited to the	89128
Library and Local Government Support Fund in each month during the	89129
period July 2005 through June 2007 shall be distributed by the	89130
tenth day of the immediately succeeding month in the following	89131
manner:	89132

(1) Each county undivided local government fund shall receive	89133
a distribution from the Local Government Fund based on its	89134
proportionate share of the total amount received from the fund in	89135
such respective month for the period August 1, 2004, through	89136
December 31, 2004.	89137

(2) Each municipal corporation receiving a direct	89138
distribution from the Local Government Fund shall receive a	89139
distribution based on its proportionate share of the total amount	89140
received from the fund in such respective month for the period	89141
August 1, 2004, through December 31, 2004.	89142

(3) Each county undivided local government revenue assistance	89143
fund shall receive a distribution from the Local Government	89144
Revenue Assistance Fund based on its proportionate share of the	89145
total amount received from the fund in such respective month for	89146
the period August 1, 2004, through December 31, 2004.	89147

(4) Each county undivided library and local government	89148
support fund shall receive a distribution from the Library and	89149
Local Government Support Fund based on its proportionate share of	89150
the total amount received from the fund in such respective month	89151
for the period August 1, 2004, through July 31, 2005.	89152

(I) Notwithstanding any other provision of law to the	89153
contrary, the total amount credited to the Local Government Fund	89154
and the Local Government Revenue Assistance Fund in each month	89155
during the period December 2005 through June 2007 shall be	89156
distributed by the tenth day of the immediately succeeding month	89157
in the following manner:	89158

(1) Each county undivided local government fund and each	89159
county undivided local government revenue assistance fund shall	89160
receive the "countywide township and village distribution" for	89161
each respective fund, as determined under divisions (I)(1)(a) and	89162
(b) of this section.	89163

(a) The countywide township and village distribution is	89164
determined as follows: For each county undivided local government	89165
fund and each county undivided local government revenue assistance	89166
fund, the Tax Commissioner shall identify the proportionate shares	89167
of the distributions made from each fund to townships and villages	89168
located partially or entirely in that county, as reported by the	89169
county auditor for calendar year 2005 under division (J) of	89170
section 5747.51 and division (I) of section 5747.62 of the Revised	89171
Code, respectively. For each county and each fund, the Tax	89172
Commissioner shall compute the sum of the proportionate shares of	89173
distributions to townships and villages, and shall next multiply	89174
the sum for each fund by the amount distributed each month to the	89175
county undivided local government fund from the local government	89176
fund and by the amount distributed each month to the county	89177
undivided local government revenue assistance fund from the local	89178
government revenue assistance fund, respectively, during the	89179
period January 2005 through December 2005.	89180

(b) The Tax Commissioner shall multiply each product derived	89181
in division (I)(1)(a) of this section by one hundred per cent to	89182
yield that month's countywide township and village distribution	89183
for each fund and each county.	89184

(c) Only those subdivisions reported as townships and those	89185
municipal corporations reported as villages in the most recent	89186
edition of the Secretary of State's "Ohio Municipal, Township and	89187
School Board Roster," available as of November 1, 2005, shall be	89188
considered to be townships or villages, respectively, for purposes	89189
of this section. Townships and villages that are dissolved or that	89190
merge with another subdivision on or after August 1, 2005, may be	89191
excluded from the calculation of the countywide township and	89192
village distribution.	89193

(2) In addition to the distributions provided in divisions	89194
(I)(1), (I)(3) and (I)(5) of this section, each county undivided	89195
local government fund and each county undivided local government	89196
revenue assistance fund shall receive the "county distribution"	89197
computed for each fund under divisions (I)(2)(a) and (b) of this	89198
section.	89199

(a) The monthly distribution made from the county undivided	89200
local government fund to each county as a subdivision during the	89201
period January 2005 through December 2005, excluding dealer in	89202
intangibles tax distributions, multiplied by ninety per cent.	89203

(b) The monthly distribution made from the county undivided	89204
local government revenue assistance fund to each county as a	89205
subdivision during the period January 2005 through December 2005,	89206
multiplied by ninety per cent.	89207

(3) In addition to the distributions provided in divisions	89208
(I)(1), (I)(2), and (I)(5) of this section, each county undivided	89209
local government fund and each county undivided local government	89210
revenue assistance fund shall receive the "other taxing unit	89211
distribution" computed for each fund under divisions (I)(3)(a) and	89212
(b) of this section.	89213

(a) The sum of the monthly product calculated pursuant to	89214
division (I)(1)(a) of this section, the monthly distribution to	89215
the county as a subdivision from the county undivided local	89216
government fund, excluding dealer in intangibles tax	89217
distributions, during the period January 2005 through December	89218
2005, and the monthly distribution made from the county undivided	89219
local government fund, excluding dealer in intangibles tax	89220
distributions, to municipal corporations not otherwise included in	89221
division (I)(1)(a) of this section during the period January 2005	89222
through December 2005 shall be subtracted from the county	89223
undivided local government fund distribution made from the local	89224
government fund in such respective month during the period January	89225
2005 through December 2005. The difference shall be multiplied by	89226
eighty per cent.	89227

(b) The sum of the monthly product calculated pursuant to	89228
division (I)(1)(a) of this section, the monthly distribution to	89229
the county as a subdivision from the undivided local government	89230
revenue assistance fund during the period January 2005 through	89231
December 2005, and the monthly distribution made from the county	89232
undivided local government revenue assistance fund to municipal	89233
corporations not otherwise included in division (I)(1)(a) of this	89234
section during the period January 2005 through December 2005 shall	89235
be subtracted from the county undivided local government revenue	89236
assistance fund distribution made from the local government	89237
revenue assistance fund in such respective month during the period	89238
January 2005 through December 2005. The difference shall be	89239
multiplied by ninety per cent.	89240

(4) Each municipal corporation identified by the Tax	89241
Commissioner as a village under division (I)(1)(c) of this section	89242
shall receive in each month an amount directly from the Local	89243
Government Fund equal to one hundred per cent of the amount the	89244
municipal corporation received directly from that fund in such	89245
respective month during the period January 1, 2005, through	89246
December 31, 2005.	89247

The Tax Commissioner shall compute for each municipal	89248
corporation, excluding villages receiving amounts pursuant to	89249
division (I)(4) of this section, an "excess amount," which amount	89250
equals the extent to which such municipal corporation's	89251
distributions received directly from the Local Government Fund	89252
during calendar year 2005 and the distributions received from the	89253
county undivided local government fund, excluding dealer in	89254
intangibles tax distributions, during calendar year 2005 exceeded	89255
$1,000,000. If a positive excess amount is computed for a	89256
municipal corporation, then the Tax Commissioner shall divide the	89257
excess amount by the sum of the amount received by that municipal	89258
corporation directly from the Local Government Fund during	89259
calendar year 2005 plus the amount that municipal corporation	89260
received from the county undivided local government fund,	89261
excluding dealer in intangibles tax distributions, during calendar	89262
year 2005. The result of that calculation shall be the "percentage	89263
excess" for the subject municipal corporation. The	89264
"below-threshold percentage" equals the percentage excess	89265
subtracted from one. Any municipal corporation for which a	89266
percentage excess is computed shall receive a monthly distribution	89267
directly from the Local Government Fund equal to the sum of (1)	89268
the product derived by multiplying the distribution received	89269
directly from the Local Government Fund by the municipal	89270
corporation in such month of calendar year 2005 times the	89271
below-threshold percentage, multiplied by ninety per cent, and (2)	89272
the product derived by multiplying the distribution received	89273
directly from the Local Government Fund by the municipal	89274
corporation in such month of calendar year 2005 times the	89275
percentage excess, multiplied by eighty per cent. Except for	89276
villages receiving amounts pursuant to division (I)(4) of this	89277
section, each municipal corporation whose excess amount computed	89278
under this division is not a positive number and a percentage	89279
excess has therefore not been computed shall receive in each month	89280
an amount directly from the Local Government Fund that is equal to	89281
ninety per cent of the amount the municipal corporation received	89282
directly from that fund in such respective month during the period	89283
January 1, 2005, through December 31, 2005.	89284

(5) Each county undivided local government fund and each	89285
county undivided local government revenue assistance fund shall	89286
receive the total "city distribution" for each respective county	89287
fund, as determined under divisions (I)(5)(a) and (b) of this	89288
section. Notwithstanding divisions (C) to (I) of section 5747.51	89289
or section 5747.53 of the Revised Code to the contrary, each city	89290
shall receive from the county undivided local government fund and	89291
from the county undivided local government revenue assistance fund	89292
its monthly city distribution determined under this section. The	89293
city distribution is determined as follows:	89294

(a) For each municipal corporation otherwise not receiving a	89295
distribution under division (I)(1) of this section and that	89296
received a distribution from the county undivided local government	89297
fund during calendar year 2005, the Tax Commissioner shall	89298
identify the percentage excess and below-threshold percentage	89299
determined under division (I)(4) of this section. If a percentage	89300
excess has been computed for a municipal corporation under	89301
division (I)(4) of this section, its monthly distribution from the	89302
county undivided local government fund shall equal the sum of (1)	89303
the product derived by multiplying the amount distributed to the	89304
municipal corporation from the fund in such month of calendar year	89305
2005, excluding any dealer in intangible tax distributions, by the	89306
below-threshold percentage, multiplied by ninety per cent, and (2)	89307
the product derived by multiplying the amount distributed to the	89308
municipal corporation from the fund in such month of calendar year	89309
2005, excluding any dealer in intangibles tax distributions, by	89310
the percentage excess, multiplied by eighty per cent. Each	89311
municipal corporation whose excess amount is not a positive number	89312
and for which a percentage excess was not computed shall receive	89313
the amount it received from the county undivided local government	89314
fund in such month of calendar year 2005, excluding any dealer in	89315
intangibles tax distributions, multiplied by ninety per cent.	89316

(b) Each municipal corporation not otherwise receiving a	89317
distribution under division (I)(1) of this section shall receive	89318
from the county undivided local government revenue assistance fund	89319
the same amount it received from that fund in such month of	89320
calendar year 2005, multiplied by eighty per cent.	89321

(J) Notwithstanding the distribution method prescribed by	89322
divisions (C) to (I) of section 5747.51 or by section 5747.53 of	89323
the Revised Code, during the period January 1, 2006, through July	89324
31, 2007, the amounts allocated monthly to each county undivided	89325
local government fund from the local government fund shall be	89326
distributed among all subdivisions located wholly or partially in	89327
the county in the manner prescribed by division (J) of this	89328
section.	89329

(1) The countywide township and village distribution shall be	89330
distributed among townships and villages based on their relative	89331
proportionate shares of the sum of the township and village	89332
proportionate shares described in division (I)(1)(a) of this	89333
section.	89334

(2) The other taxing unit distribution shall be distributed	89335
to subdivisions not otherwise included in divisions (J)(1),	89336
(J)(3), and (J)(4) of this section based on their relative	89337
proportionate shares of the sum of proportionate shares for such	89338
subdivisions based on the calendar year 2005 report submitted by	89339
the county auditor to the Tax Commissioner pursuant to division	89340
(J) of section 5747.51 of the Revised Code.	89341

(3) The city distribution shall be distributed according to	89342
division (I)(5) of this section.	89343

(4) The county distribution shall be distributed according to	89344
division (I)(2) of this section.	89345

(5) Dealer in intangibles taxes distributed to each county	89346
undivided local government fund shall be distributed among	89347
subdivisions based on each subdivision's relative share of the	89348
total distributions made from the county undivided local	89349
government fund according to divisions (J)(1) to (3) of this	89350
section.	89351

(6) By December 20, 2005, the Tax Commissioner shall make	89352
such information available to each county auditor deemed	89353
reasonable and appropriate for the purposes of making the	89354
distributions required by this section.	89355

(7) Until the county auditor provides the Tax Commissioner	89356
the report required by division (J) of section 5747.51 for	89357
calendar year 2005, the amounts distributed to the county	89358
undivided local government fund that are subsequently apportioned	89359
to subdivisions under this section shall be based on the most	89360
recent year for which a report has been submitted. If a county	89361
auditor report for a calendar year preceding calendar year 2005 is	89362
used to make the distributions under this section and the county	89363
auditor report for calendar year 2005 report is subsequently	89364
submitted to the Tax Commissioner, there shall be no adjustment	89365
for any month when such pre-calendar year 2005 report information	89366
was used.	89367

(K) Notwithstanding the distribution method prescribed by	89368
divisions (C) to (H) of section 5747.62 or by section 5747.63 of	89369
the Revised Code, during the period January 1, 2006, through July	89370
31, 2007, the amounts allocated monthly to each county undivided	89371
local government revenue assistance fund from the local government	89372
revenue assistance fund shall be distributed among all	89373
subdivisions located wholly or partially in the county in the	89374
manner prescribed by division (K) of this section.	89375

(1) The countywide township and village distribution shall be	89376
distributed among townships and villages based on their relative	89377
proportionate shares of the sum of the township and village	89378
proportionate shares described in division (I)(1)(a) of this	89379
section.	89380

(2) The other taxing unit distribution shall be distributed	89381
to subdivisions not otherwise included in division (K)(1), (K)(3),	89382
and (K)(4) of this section based on their relative proportionate	89383
shares of the sum of proportionate shares for such subdivisions	89384
based on the calendar year 2005 report submitted by the county	89385
auditor to the Tax Commissioner pursuant to division (I) of	89386
section 5747.62 of the Revised Code.	89387

(3) The city distribution shall be distributed according to	89388
division (I)(5) of this section.	89389

(4) The county distribution shall be distributed according to	89390
division (I)(2) of this section.	89391

(5) By December 20, 2005, the Tax Commissioner shall make	89392
such information available to each county auditor deemed	89393
reasonable and appropriate for the purposes of making the	89394
distributions required by this section.	89395

(6) Until the county auditor provides the Tax Commissioner	89396
the report required by division (I) of section 5747.62 for	89397
calendar year 2005, the amounts distributed to the county	89398
undivided local government revenue assistance fund that are	89399
subsequently apportioned to subdivisions under this section shall	89400
be based on the most recent year for which a report has been	89401
submitted. If a county auditor report for a calendar year	89402
preceding calendar year 2005 is used to make the distributions	89403
under this section and the county auditor report for calendar year	89404
2005 report is subsequently submitted to the Tax Commissioner,	89405
there shall be no adjustment for any month when such pre-calendar	89406
year 2005 report information was used.	89407

(L) For the 2005, 2006, and 2007 distribution years, the Tax	89408
Commissioner is not required to issue the certifications otherwise	89409
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of	89410
the Revised Code, but shall provide to each county auditor by the	89411
twentieth day of July 2005, July 2006, and July 2007 an estimate	89412
of the amounts to be received by the county in the ensuing year	89413
from the Local Government Fund, Local Government Revenue	89414
Assistance Fund, and Library and Local Government Support Fund	89415
pursuant to this section and any pertinent section of the Revised	89416
Code. For the 2006 distribution year, the Tax Commissioner shall	89417
provide by December 20, 2005, a revised estimate of the amounts to	89418
be received by the county in the ensuing year from the Local	89419
Government Fund, Local Government Revenue Assistance Fund, and	89420
Library and Local Government Support Fund pursuant to this section	89421
and any pertinent section of the Revised Code. At the discretion	89422
of the Tax Commissioner, the Tax Commissioner may report to each	89423
county auditor additional revised estimates of the 2005, 2006, or	89424
2007 distributions at any time during the period July 1, 2005,	89425
through July 31, 2007.	89426

(M) During the period July 1, 2005, through July 31, 2007,	89427
the Director of Budget and Management shall issue such directives	89428
to state agencies that are necessary to ensure that the	89429
appropriate amounts are distributed to the Local Government Fund,	89430
to the Local Government Revenue Assistance Fund, and to the	89431
Library and Local Government Support Fund.	89432

Section 557.13. (A) It is the intent of the General Assembly	89433
that section 5751.02 of the Revised Code, as enacted by this act,	89434
be applied in a manner that is consistent with and identical to	89435
the situsing provisions that apply to the corporation franchise	89436
tax.	89437

(B) Section 5751.02 of the Revised Code, as enacted by this	89438
act and relating to the situsing of gross receipts, shall be	89439
interpreted and applied by the Tax Commissioner in a manner that	89440
is consistent with the body of case law addressing the situsing of	89441
sales for purposes of the sales factor as determined under Chapter	89442
5733. of the Revised Code, and in a manner that is consistent with	89443
the Tax Commissioner's prior treatment of the corporation	89444
franchise tax sales factor situsing law for taxpayers under that	89445
chapter.	89446

(C) For purposes of section 5751.02 of the Revised Code, as	89447
enacted by this act, tangible personal property that is delivered	89448
into a foreign trade zone located in Ohio to a person within such	89449
foreign trade zone, solely for purposes of further delivery out of	89450
this state and without regard to the passage of title and to	89451
repackaging for further shipping purposes, shall be sitused to the	89452
location at which the person or person's affiliated customer	89453
completes the delivery of the property to locations outside of	89454
Ohio. For purpose of this section, "person's affiliated customer"	89455
means any person that is a member of the consolidated elected	89456
taxpayer of which the person that initially received such property	89457
in the foreign trade zone is also a member.	89458

Section 557.15. The amendment by this act of sections 319.302	89459
and 323.152 of the Revised Code first applies in tax year 2005.	89460

Section 557.21. The amendment by this act of section 5727.81	89461
of the Revised Code first applies to the measurement period that	89462
includes July 1, 2005.	89463

Section 557.24. The amendment by this act of sections	89464
5731.01, 5731.05, 5731.131, 5731.14, 5731.18, and 5731.181 of the	89465
Revised Code, and the repeal by this act of section 5731.20 of the	89466
Revised Code, applies to estates of decedents dying on or after	89467
the effective date of those sections as amended by this act.	89468

Section 557.27. The amendment by this act of section 5733.40	89469
of the Revised Code applies to taxable years ending on or after	89470
the effective date of this act.	89471

Section 557.30. Except as otherwise provided in division	89472
(A)(18) of section 5747.01 and division (A) of section 5747.02 of	89473
the Revised Code, the amendment by this act of sections 5747.01	89474
and 5747.02 of the Revised Code applies to taxable years ending on	89475
or after the effective date of this section.	89476

Section 557.33. The amendment by this act of section 5747.05	89477
of the Revised Code applies to taxable years ending on or after	89478
the effective date of this section.	89479

Section 560.03. There is hereby created the Ohio Military	89480
Reserve Homeland Security Study Commission to evaluate the role	89481
and effectiveness of the Ohio Military Reserve. The Commission	89482
shall consist of seven members: the Chairperson of the House	89483
Commerce and Labor Committee, who shall serve as chairperson of	89484
the Commission, two members of the House of Representatives whom	89485
the Speaker of the House of Representatives shall appoint, two	89486
members of the Senate whom the President of the Senate shall	89487
appoint, the Adjutant General or a representative the Adjutant	89488
General designates, and the Director of Public Safety or a	89489
representative the Director designates. The chairperson shall call	89490
the meetings of the Commission. The Commission shall report its	89491
findings to the General Assembly before January 1, 2006.	89492

Section 563.03. It is the intention of the General Assembly	89493
that the amendments made by this act to sections 3319.081 and	89494
3319.17 of the Revised Code, and the enactment by this act of	89495
section 3319.172 of the Revised Code, shall not affect collective	89496
bargaining agreements between public employers and public	89497
employees entered into prior to the effective date of this	89498
section.	89499

Section 566.03. As used in this section, "municipal public	89500
safety director" has the same meaning as in section 145.01 of the	89501
Revised Code, as amended by this act.	89502

Not later than ninety days after the effective date of this	89503
section, each municipal public safety director who is a member of	89504
the Public Employees Retirement System shall indicate to the	89505
retirement system, on a form supplied by the retirement system, a	89506
choice of whether to receive benefits under division (A) of	89507
section 145.33 of the Revised Code or under division (B) of that	89508
section.	89509

Section 569.03. (A) As used in this section, "appointing	89510
authority" has the same meaning as in section 124.01 of the	89511
Revised Code, and "exempt employee" has the same meaning as in	89512
section 124.152 of the Revised Code.	89513

(B) Notwithstanding section 124.181 of the Revised Code both	89514
of the following apply:	89515

(1) In cases where no vacancy exists, an appointing authority	89516
may, with the written consent of an exempt employee, assign duties	89517
of a higher classification for a period of time not to exceed two	89518
years to that exempt employee, and that exempt employee shall	89519
receive compensation at a rate commensurate with the duties of the	89520
higher classification.	89521

(2) If necessary, employees exempt from collective bargaining	89522
who are assigned to duties within their agency to maintain	89523
operations during the Ohio Administrative Knowledge System (OAKS)	89524
implementation may agree to a temporary assignment that exceeds	89525
the two-year limit.	89526

Section 606.03. If any item of law that constitutes the whole	89527
or part of a codified or uncodified section of law contained in	89528
this act, or if any application of any item of law that	89529
constitutes the whole or part of a codified or uncodified section	89530
of law contained in this act, is held invalid, the invalidity does	89531
not affect other items of law or applications of items of law that	89532
can be given effect without the invalid item of law or	89533
application. To this end, the items of law of which the codified	89534
and uncodified sections contained in this act are composed, and	89535
their applications, are independent and severable.	89536

Section 609.03. An item of law, other than an amending,	89537
enacting, or repealing clause, that composes the whole or part of	89538
an uncodified section contained in this act has no effect after	89539
June 30, 2007, unless its context clearly indicates otherwise.	89540

Section 612.03. Except as otherwise specifically provided in	89541
this act, the codified sections of law amended or enacted in this	89542
act, and the items of law of which the codified sections of law	89543
amended or enacted in this act are composed, are subject to the	89544
referendum. Therefore, under Ohio Constitution, Article II,	89545
Section 1c and section 1.471 of the Revised Code, the codified	89546
sections of law amended or enacted by this act, and the items of	89547
law of which the codified sections of law as amended or enacted by	89548
this act are composed, take effect on the ninety-first day after	89549
this act is filed with the Secretary of State. If, however, a	89550
referendum petition is filed against any such codified section of	89551
law as amended or enacted by this act, or against any item of law	89552
of which any such codified section of law as amended or enacted by	89553
this act is composed, the codified section of law as amended or	89554
enacted, or item of law, unless rejected at the referendum, takes	89555
effect at the earliest time permitted by law.	89556

Section 612.06. Except as otherwise specifically provided in	89557
this act, the repeal by this act of a codified section of law is	89558
subject to the referendum. Therefore, under Ohio Constitution,	89559
Article II, Section 1c and section 1.471 of the Revised Code, the	89560
repeal by this act of a codified section of law takes effect on	89561
the ninety-first day after this act is filed with the Secretary of	89562
State. If, however, a referendum petition is filed against any	89563
such repeal, the repeal, unless rejected at the referendum, takes	89564
effect at the earliest time permitted by law.	89565

Section 612.09. The sections of law amended, enacted, or	89566
repealed by this act that are listed in this section are subject	89567
to the referendum. Therefore, under Ohio Constitution, Article II,	89568
Section 1c and section 1.471 of the Revised Code, the sections,	89569
and the items of law of which they are composed, take effect as	89570
specified in this section. If, however, a referendum petition is	89571
filed against any such section as amended, enacted, or repealed,	89572
or against any item of law of which any such section as amended or	89573
enacted is composed, the section as amended, enacted, or repealed	89574
goes into effect at the earliest time permitted by law that is on	89575
or after the effective date specified in this section.	89576

Sections 9.24, 120.52, 120.53, 131.23, 317.08, 317.36,	89577
323.01, 329.051, 340.03, 340.16, 1901.26, 1907.24, 2303.201,	89578
2305.234, 2744.05, 3111.04, 3119.54, 3121.12, 3121.50, 3702.74,	89579
4123.27, 4705.09, 4731.65, 4731.71, 4736.11, 5101.181, 5101.241,	89580
5101.26, 5101.31, 5101.36, 5104.38, 5107.26, 5110.01, 5110.05,	89581
5111.021 (5111.022), 5111.022 (5111.023), 5111.023 (5111.0115),	89582
5111.025, 5111.062, 5111.10, 5111.85, 5111.851, 5111.852,	89583
5111.853, 5111.854, 5111.855, 5111.856, 5111.89, 5111.891,	89584
5111.892, 5111.893, 5111.914, 5111.97 (5111.86), 5112.03, 5112.08,	89585
5112.17, 5115.10, 5115.11, 5115.12, 5115.13, 5115.14, 5115.20,	89586
5115.22, 5115.23, and 5119.61 of the Revised Code take effect	89587
October 1, 2005.	89588

Sections 4753.03, 4753.06, 4753.071, 4753.08, 4753.09,	89589
5107.05, 5107.30, and 5107.301 of the Revised Code take effect	89590
January 1, 2006.	89591

Sections 3301.0710 and 3301.0714 of the Revised Code take	89592
effect July 1, 2006.	89593

Section 612.12. Sections 101.391, 108.05, 109.57, 109.91,	89594
120.36, 121.37, 121.38, 121.381, 121.382, 122.011, 122.083,	89595
123.17, 125.11, 125.60, 125.601, 125.602, 125.603, 125.604,	89596
125.605, 125.606, 125.607, 125.608, 125.609, 125.6010, 125.6011,	89597
125.6012, 125.831, 125.832, 126.25, 131.02, 133.09, 141.011,	89598
141.04, 147.05, 147.10, 147.11, 147.12, 147.371, 149.30, 181.251	89599
(5502.63), 181.51 (5502.61), 181.52 (5502.62), 181.54 (5502.64),	89600
181.55 (5502.65), 181.56 (5502.66), 307.86, 339.72, 339.88,	89601
731.14, 731.141, 742.59, 901.43, 901.44, 905.32, 905.33, 905.331,	89602
905.36, 905.37, 905.38, 905.381, 905.50, 905.66, 907.16, 911.02,	89603
913.02, 913.23, 915.02, 915.16, 915.24, 921.02, 921.16, 923.44,	89604
923.45, 923.46, 927.69, 1327.511, 1327.62, 1327.70, 1327.71,	89605
1327.99, 1502.02, 1515.14, 1541.03, 1713.03, 2113.041, 2151.416,	89606
2152.74, 2901.07, 2923.25, 3107.10, 3125.191, 3301.311, 3301.32,	89607
3301.86, 3301.88, 3310.01, 3310.02, 3310.03, 3310.04, 3310.05,	89608
3310.06, 3310.07, 3310.08, 3310.09, 3310.10, 3310.13, 3310.14,	89609
3310.16, 3310.17, 3313.975, 3313.976, 3313.977, 3313.978, 3313.98,	89610
3314.013, 3314.015, 3314.021, 3314.06, 3314.061, 3314.084,	89611
3314.13, 3314.27, 3314.28, 3316.043, 3317.01, 3317.013, 3317.016,	89612
3317.017, 3317.02, 3317.022, 3317.023, 3317.026, 3317.027,	89613
3317.028, 3317.029, 3317.0216, 3317.0217, 3317.03, 3317.031,	89614
3317.05, 3317.052, 3317.053, 3317.063, 3317.081, 3317.10, 3317.16,	89615
3317.20, 3317.201, 3317.21 (3318.47), 3317.22 (3318.48), 3317.23	89616
(3318.49), 3318.33, 3319.06, 3323.091, 3323.14, 3323.16, 3323.19,	89617
3325.11, 3325.12, 3325.16, 3325.17, 3333.28, 3334.02, 3334.19,	89618
3365.01, 3365.02, 3701.021, 3701.073, 3701.146, 3702.141, 3702.68,	89619
3702.83, 3709.29, 3709.34, 3712.03, 3714.073, 3715.04, 3721.011,	89620
3721.03, 3721.032, 3721.07, 3721.15, 3721.21, 3721.541, 3734.57,	89621
3734.901, 3734.9010, 3743.57, 3745.015, 3745.11, 3745.114,	89622
3748.07, 3748.13, 3770.061, 3793.09, 3901.021, 3901.17, 3905.36,	89623
4112.12, 4115.32, 4115.34, 4115.36, 4511.75, 4519.02, 4519.09,	89624
4723.32, 4723.61, 4723.62, 4723.621, 4723.63 (4723.91), 4723.64,	89625
4723.65, 4723.66, 4723.67, 4723.68, 4723.69, 4736.12, 4905.10,	89626
4911.18, 4973.171, 5101.07, 5101.071, 5101.21, 5101.46, 5101.461,	89627
5101.821, 5104.01, 5104.32, 5110.352, 5111.019, 5111.061,	89628
5111.082, 5111.11, 5111.111, 5111.112 (5111.113), 5111.113	89629
(5111.114), 5111.16, 5111.161, 5111.162, 5111.163, 5111.164,	89630
5111.17, 5111.176, 5111.19, 5111.191, 5111.98, 5112.30, 5112.341,	89631
5120.09, 5120.51, 5139.01, 5502.01, 5540.01, 5540.032, 5540.09,	89632
5731.39, and 6109.21 of the Revised Code as amended or enacted by	89633
this act, and the items of law of which such sections as amended	89634
or enacted by this act are composed, are not subject to the	89635
referendum. Therefore, under Ohio Constitution, Article II,	89636
Section 1d and section 1.471 of the Revised Code, such sections as	89637
amended or enacted by this act, and the items of law of which such	89638
sections as amended or enacted by this act are composed, go into	89639
immediate effect when this act becomes law.	89640

Section 612.12.01. The enactment by this act of new section	89641
4723.63 of the Revised Code, and the items of which it is	89642
composed, are not subject to the referendum. Therefore, under Ohio	89643
Constitution, Article II, Section 1d and section 1.471 of the	89644
Revised Code, the new section, and the items of which it is	89645
composed, go into immediate effect when this act becomes law.	89646

Section 612.12.03. New sections 3317.012, 5111.02, and	89647
5111.112 of the Revised Code as enacted by this act, and the items	89648
of law of which such sections as enacted by this act are composed,	89649
are not subject to the referendum. Therefore, under Ohio	89650
Constitution, Article II, Section 1d and section 1.471 of the	89651
Revised Code, such sections as enacted by this act, and the items	89652
of law of which such sections as enacted by this act are composed,	89653
go into immediate effect when this act becomes law.	89654

Section 612.15. The repeal by this act of sections 181.53,	89655
339.77, 742.36, 3301.31, 3301.33, 3301.34, 3301.35, 3301.36,	89656
3301.37, 3301.38, 3301.85, 3301.87, 3317.012, 3317.0212, and	89657
3317.0213 of the Revised Code is not subject to the referendum.	89658
Therefore, under Ohio Constitution, Article II, Section 1d and	89659
section 1.471 of the Revised Code, the repeals go into immediate	89660
effect when this act becomes law.	89661

Section 612.18. The sections of law amended, enacted, or	89662
repealed by this act that are listed in this section are not	89663
subject to the referendum. Therefore, under Ohio Constitution,	89664
Article II, Section 1d and section 1.471 of the Revised Code, the	89665
sections as amended, enacted, or repealed, and the items of law of	89666
which such sections as amended or enacted by this act are	89667
composed, go into effect as specified in this section.	89668

Sections 125.05, 140.01, 183.28, 3301.80, 3314.074, 3317.06,	89669
3317.50, 3317.51, 3319.22, 3319.235, 3323.021, 3353.01, 3353.02,	89670
3353.03, 3353.04, 3353.06, 3353.07, 3704.035, 3704.14, 3704.142,	89671
3704.143, 3704.17, 3704.99, 3721.01, 3721.50, 3721.51, 3721.511,	89672
3721.52, 3721.56, 3721.561, 3721.58, 3722.01, 3722.02, 4117.24,	89673
4503.103, 5111.041, 5111.042, 5111.20, 5111.21, 5111.22, 5111.221,	89674
5111.222, 5111.23, 5111.231 (5111.232), 5111.234, 5111.235,	89675
5111.24, 5111.241, 5111.242, 5111.25, 5111.251, 5111.254,	89676
5111.255, 5111.256, 5111.257 (5111.258), 5111.26, 5111.261,	89677
5111.263, 5111.264, 5111.265, 5111.266, 5111.27, 5111.28, 5111.29,	89678
5111.291, 5111.30, 5111.31, 5111.32, 5111.33, 5111.34, 5111.871,	89679
5112.31, 5123.01, 5123.041, 5123.045, 5123.046, 5123.047,	89680
5123.048, 5123.049, 5123.0412, 5123.16, 5123.34, 5123.41, 5123.71,	89681
5123.76, 5126.01, 5126.035, 5126.042, 5126.054, 5126.055,	89682
5126.056, 5126.057, 5126.12, 5552.01, and 5705.091 of the Revised	89683
Code take effect July 1, 2005.	89684

New sections 3353.02, 3353.03, 3704.14, 5111.231, 5111.257,	89685
and 5123.048 of the Revised Code take effect July 1, 2005.	89686

Section 612.20. Section 5111.262 of the Revised Code is not	89687
subject to the referendum, and therefore, under Ohio Constitution,	89688
Article II, Section 1d and section 1.471 of the Revised Code,	89689
takes effect July 1, 2005.	89690

Section 612.21. The amendment or enactment by this act of	89691
sections 122.17, 122.171, 140.08, 150.07, 150.10, 319.302,	89692
323.152, 325.31, 1548.06, 2921.13, 2927.023, 4301.43, 4505.06,	89693
5703.052, 5703.053, 5703.057, 5703.26, 5703.47, 5703.50, 5703.70,	89694
5703.99, 5707.031, 5711.16, 5711.21, 5711.28, 5715.24, 5719.041,	89695
5725.19, 5725.32, 5727.01, 5727.02, 5727.031, 5727.06, 5727.08,	89696
5727.10, 5727.11, 5727.111, 5727.12, 5727.23, 5727.241, 5727.47,	89697
5727.81, 5727.812, 5727.82, 5727.99, 5728.01, 5728.02, 5728.03,	89698
5728.04, 5728.06, 5728.08, 5728.99, 5729.032, 5729.08, 5731.01,	89699
5731.05, 5731.131, 5731.14, 5731.18, 5731.181, 5731.22, 5731.23,	89700
5731.41, 5731.99, 5733.01, 5733.33, 5733,351, 5733.352, 5733.40,	89701
5733.41, 5733.49, 5733.98, 5733.99, 5735.99, 5737.03, 5739.025,	89702
5739.034, 5739.035, 5739.10, 5739.99, 5741.99, 5743.01, 5743.03,	89703
5743.031, 5743.05, 5743.071, 5743.072, 5743.08, 5743.10, 5743.111,	89704
5743.112, 5743.14, 5743.15, 5743.16, 5743.18, 5743.19, 5743.20,	89705
5743.71, 5743.99, 5747.02, 5747.05, 5747.056, 5747.08, 5747.212,	89706
5747.331, 5747.80, 5747.98, 5747.99, 5751.01, 5751.011, 5751.012,	89707
5751.013, 5751.02, 5751.03, 5751.031, 5751.032, 5751.033, 5751.04,	89708
5751.05, 5751.051, 5751.06, 5751.07, 5751.08, 5751.081, 5751.09,	89709
5751.10, 5751.11, 5751.12, 5751.20, 5751.21, 5751.22, 5751.23,	89710
5751.31, 5751.50, 5751.51, 5751.52, 5751.53, 5751.98, and 5751.99	89711
of the Revised Code provides for or is essential to implementation	89712
of a tax levy. Therefore, under Ohio Constitution, Article II,	89713
Section 1d, the amendments and enactments, and the items of which	89714
they are composed, are not subject to the referendum and go into	89715
immediate effect when this act becomes law.	89716

Section 612.24. The repeal by this act of section 5731.20 of	89717
the Revised Code provides for or is essential to implementation of	89718
a tax levy. Therefore, under Ohio Constitution, Article II,	89719
Section 1d, the repeal is not subject to the referendum and goes	89720
into immediate effect when this act becomes law.	89721

Section 612.27. The amendment, enactment, or repeal by this	89722
act of the sections of law that are listed in this section	89723
provides for or is essential to implementation of a tax levy.	89724
Therefore, under Ohio Constitution, Article II, Section 1d, the	89725
amendments, enactments, and repeals, and the items of which any	89726
such amendment or enactment is composed, are not subject to the	89727
referendum and go into effect as specified in this section.	89728

Sections 5703.80, 5733.065, 5733.066, 5733.122, 5739.033,	89729
5739.09, 5743.02, 5743.32, and 5743.33 of the Revised Code take	89730
effect July 1, 2005.	89731

Sections 5739.012, 5739.021, 5739.026, 5739.03, 5739.16, and	89732
5741.16 of the Revised Code take effect January 1, 2006.	89733

Section 612.30. (A) Except as otherwise provided in division	89734
(B) of this section, the amendments by this act to section 127.16	89735
of the Revised Code are not subject to the referendum. Therefore,	89736
under Ohio Constitution, Article II, Section 1d and section 1.471	89737
of the Revised Code, the amendments take effect July 1, 2005.	89738

(B) The amendment to division (D)(2) of section 127.16 of the	89739
Revised Code is subject to the referendum. Therefore, under Ohio	89740
Constitution, Article II, Section 1c and section 1.471 of the	89741
Revised Code, the amendment takes effect October 1, 2005. If,	89742
however, a referendum petition is filed against the amendment, the	89743
amendment, unless rejected at the referendum, takes effect at the	89744
earliest time permitted by law that is on or after the effective	89745
date specified in this division.	89746

Section 612.31. (A) Except as otherwise provided in division	89747
(B) of this section, the amendments by this act to section 307.695	89748
of the Revised Code are subject to the referendum. Therefore,	89749
under Ohio Constitution, Article II, Section 1c and section 1.471	89750
of the Revised Code, the amendments go into effect on the	89751
ninety-first day after this act is filed with the Secretary of	89752
State. If, however, a referendum petition is filed against the	89753
amendments, the amendments, unless rejected at the referendum,	89754
take effect at the earliest time permitted by law.	89755

(B) The amendments to section 307.695 of the Revised Code	89756
relating to community improvement corporations provide for or are	89757
essential to implementation of a tax levy. Therefore, under Ohio	89758
Constitution, Article II, Section 1d, the amendments take effect	89759
July 1, 2005.	89760

Section 612.33. (A) Except as otherwise provided in division	89761
(B) of this section, the amendments by this act to section 321.24	89762
of the Revised Code provides for or is essential to implementation	89763
of a tax levy. Therefore, under Ohio Constitution, Article II,	89764
Section 1d, the amendments are not subject to the referendum and	89765
go into immediate effect when this act becomes law.	89766

(B) The amendment to division (F) of section 321.24 of the	89767
Revised Code provides for or is essential to implementation of a	89768
tax levy. Therefore, under Ohio Constitution, Article II, Section	89769
1d, the amendment takes effect July 1, 2005.	89770

Section 612.36. (A) Except as otherwise provided in division	89771
(B) of this section, the amendments by this act to section 329.04	89772
of the Revised Code are not subject to the referendum. Therefore,	89773
under Ohio Constitution, Article II, Section 1d and section 1.471	89774
of the Revised Code, the amendments go into immediate effect.	89775

(B) The amendments to divisions (A)(3) to (9) of section	89776
329.04 of the Revised Code are subject to the referendum.	89777
Therefore, under Ohio Constitution, Article II, Section 1c and	89778
section 1.471 of the Revised Code, the amendments take effect	89779
October 1, 2005. If, however, a referendum petition is filed	89780
against the amendments, the amendments, unless rejected at the	89781
referendum, take effect at the earliest time permitted by law that	89782
is on or after the effective date specified in this division.	89783

Section 612.36.03. (A) Except as otherwise provided in	89784
division (B) of this section, the amendments to section 3301.0711	89785
of the Revised Code are subject to the referendum. Therefore,	89786
under Ohio Constitution, Article II, Section 1c and section 1.471	89787
of the Revised Code, the amendments take effect July 1, 2006. If,	89788
however, a referendum petition is filed against the amendments,	89789
the amendments, unless rejected at the referendum, take effect at	89790
the earliest time permitted by law that is on or after the	89791
effective date specified in this division.	89792

(B) The amendments to division (N) of section 3301.0711 of	89793
the Revised Code are not subject to the referendum. Therefore,	89794
under Ohio Constitution, Article II, Section 1d and section 1.471	89795
of the Revised Code, the amendments go into immediate effect.	89796

Section 612.37. (A) Except as otherwise provided in division	89797
(B) of this section, the amendments to section 3314.02 of the	89798
Revised Code are subject to the referendum. Therefore, under Ohio	89799
Constitution, Article II, Section 1c and section 1.471 of the	89800
Revised Code, the amendments go into effect on the ninety-first	89801
day after this act is filed with the Secretary of State. If,	89802
however, a referendum petition is filed against the amendments,	89803
the amendments, unless rejected at the referendum, take effect at	89804
the earliest time permitted by law.	89805

(B) The amendment striking the paragraph immediately	89806
following division (C)(1)(f)(iii) of section 3314.02 of the	89807
Revised Code is not subject to the referendum. Therefore, under	89808
Ohio Constitution, Article II, Section 1d and section 1.471 of the	89809
Revised Code, the amendment goes into immediate effect when this	89810
act becomes law.	89811

Section 612.38. (A) Except as otherwise provided in division	89812
(B) of this section, the amendments by this act to section 3314.03	89813
of the Revised Code are not subject to the referendum. Therefore,	89814
under Ohio Constitution, Article II, Section 1d and section 1.471	89815
of the Revised Code, the amendments go into immediate effect.	89816

(B) The amendment to division (A)(4) and the amendments	89817
adding divisions (A)(25) and (F) of section 3314.03 of the Revised	89818
Code are subject to the referendum. Therefore, under Ohio	89819
Constitution, Article II, Section 1c and section 1.471 of the	89820
Revised Code, the amendments take effect on the ninety-first day	89821
after this act is filed with the Secretary of State. If, however,	89822
a referendum petition is filed against the amendments, the	89823
amendments, unless rejected at the referendum, take effect at the	89824
earliest time permitted by law.	89825

Section 612.38.03. (A) Except as otherwise provided in	89826
division (B) of this section, the amendments by this act to	89827
section 3314.08 of the Revised Code are not subject to the	89828
referendum. Therefore, under Ohio Constitution, Article II,	89829
Section 1d and section 1.471 of the Revised Code, the amendments	89830
go into immediate effect.	89831

(B) The amendments to division (N) of section 3314.08 of the	89832
Revised Code are subject to the referendum. Therefore, under Ohio	89833
Constitution, Article II, Section 1c and section 1.471 of the	89834
Revised Code, the amendments take effect on the ninety-first day	89835
after this act is filed with the Secretary of State. If, however,	89836
a referendum petition is filed against the amendments, the	89837
amendments, unless rejected at the referendum, take effect at the	89838
earliest time permitted by law.	89839

Section 612.39. (A) Except as otherwise provided in division	89840
(B) of this section, the amendments by this act to section	89841
3317.024 of the Revised Code are not subject to the referendum.	89842
Therefore, under Ohio Constitution, Article II, Section 1d and	89843
section 1.471 of the Revised Code, the amendments go into	89844
immediate effect.	89845

(B) The amendment to division (J) of section 3317.024 of the	89846
Revised Code is subject to the referendum. Therefore, under Ohio	89847
Constitution, Article II, Section 1c and section 1.471 of the	89848
Revised Code, the amendment takes effect on the ninety-first day	89849
after this act is filed with the Secretary of State. If, however,	89850
a referendum petition is filed against the amendment, the	89851
amendment, unless rejected at the referendum, takes effect at the	89852
earliest time permitted by law.	89853

Section 612.45. (A) Except as otherwise provided in division	89854
(B) of this section, the amendments by this act to section 3702.51	89855
of the Revised Code are not subject to the referendum. Therefore,	89856
under Ohio Constitution, Article II, Section 1d and section 1.471	89857
of the Revised Code, the amendments go into immediate effect.	89858

(B) The amendment to division (G)(10) of section 3702.51 of	89859
the Revised Code is not subject to the referendum. Therefore,	89860
under Ohio Constitution, Article II, Section 1d and section 1.471	89861
of the Revised Code, the amendments take effect July 1, 2005.	89862

Section 612.48. (A) Except as otherwise provided in division	89863
(B) of this section, the amendments to section 5101.35 of the	89864
Revised Code are subject to the referendum. Therefore, under Ohio	89865
Constitution, Article II, Section 1c and section 1.471 of the	89866
Revised Code, the amendments take effect on the ninety-first day	89867
after this act is filed with the Secretary of State. If, however,	89868
a referendum petition is filed against the amendments, the	89869
amendments, unless rejected at the referendum, take effect at the	89870
earliest time permitted by law.	89871

(B) The amendment by this act to division (A)(3) of section	89872
5101.35 of the Revised Code adding a reference to "5101.461" is	89873
not subject to the referendum. Therefore, under Ohio Constitution,	89874
Article II, Section 1d and section 1.471 of the Revised Code, the	89875
amendment goes into immediate effect.	89876

Section 612.54. (A) Except as otherwise provided in division	89877
(B) of this section, the amendments to section 5111.02 (5111.021)	89878
of the Revised Code are subject to the referendum. Therefore,	89879
under Ohio Constitution, Article II, Section 1c and section 1.471	89880
of the Revised Code, the amendments take effect October 1, 2005.	89881
If, however, a referendum petition is filed against the	89882
amendments, the amendments, unless rejected at the referendum,	89883
take effect at the earliest time permitted by law that is on or	89884
after the effective date specified in this division.	89885

(B) The amendment by this act to division (B) of section	89886
5111.02 (5111.021) of the Revised Code striking the last sentence	89887
of that division (B) is not subject to the referendum. Therefore,	89888
under Ohio Constitution, Article II, Section 1d and section 1.471	89889
of the Revised Code, the amendment takes effect July 1, 2005.	89890

Section 612.57. (A) Except as otherwise provided in division	89891
(B) of this section, the amendments to section 5111.06 of the	89892
Revised Code are subject to the referendum. Therefore, under Ohio	89893
Constitution, Article II, Section 1c and section 1.471 of the	89894
Revised Code, the amendments go into effect on October 1, 2005.	89895
If, however, a referendum petition is filed against the	89896
amendments, the amendments, unless rejected at the referendum,	89897
take effect at the earliest time permitted by law that is on or	89898
after the effective date specified in this division.	89899

(B) The amendment to division (A)(1) of section 5111.06 of	89900
the Revised Code that inserts a reference to section 5111.061 of	89901
the Revised Code is not subject to the referendum. Therefore,	89902
under Ohio Constitution, Article II, Section 1d and section 1.471	89903
of the Revised Code, the amendment goes into immediate effect when	89904
this act becomes law.	89905

Section 612.63. (A) Except as otherwise provided in division	89906
(B) of this section, the amendment renumbering section 5111.88 as	89907
section 5111.97 of the Revised Code is subject to the referendum.	89908
Therefore, under Ohio Constitution, Article II, Section 1c and	89909
section 1.471 of the Revised Code, the renumbering amendment takes	89910
effect October 1, 2005. If, however, a referendum petition is	89911
filed against the renumbering amendment, the renumbering	89912
amendment, unless rejected at the referendum, takes effect at the	89913
earliest time permitted by law that is on or after the effective	89914
date specified in this division.	89915

(B) The amendment to division (B)(2) of section 5111.88	89916
(5111.97) of the Revised Code striking "eighteen" and inserting	89917
"twelve" is not subject to the referendum. Therefore, under Ohio	89918
Constitution, Article II, Section 1d and section 1.471 of the	89919
Revised Code, the amendment goes into immediate effect when this	89920
act becomes law.	89921

Section 612.66. (A) Except as otherwise provided in division	89922
(B) of this section, the amendments to section 5727.84 of the	89923
Revised Code provide for or are essential to implementation of a	89924
tax levy. Therefore, under Ohio Constitution, Article II, Section	89925
1d, the amendments go into immediate effect when this act becomes	89926
law.	89927

(B) The amendments striking divisions (B)(6) and (7) and	89928
(C)(3) from section 5727.84 of the Revised Code are subject to the	89929
referendum. Therefore, under Ohio Constitution, Article II,	89930
Section 1c and section 1.471 of the Revised Code, the amendments	89931
take effect on the ninety-first day after this act is filed with	89932
the Secretary of State. If, however, a referendum petition is	89933
filed against the amendments, the amendments, unless rejected at	89934
the referendum, take effect at the earliest time permitted by law.	89935

Section 612.69. (A) Except as otherwise provided in division	89936
(B) of this section, the amendments to section 5727.85 of the	89937
Revised Code are not subject to the referendum. Therefore, under	89938
Ohio Constitution, Article II, Section 1d and section 1.471 of the	89939
Revised Code, the amendments go into immediate effect when this	89940
act becomes law.	89941

(B) The amendments to section 5727.85 of the Revised Code	89942
that insert new language into division (F), strike "February" and	89943
insert "May," strike divisions (G) and (H) and the two unlettered	89944
paragraphs following, insert new division (H), and add an internal	89945
cross-reference to division (F) of the section are subject to the	89946
referendum. Therefore, under Ohio Constitution, Article II,	89947
Section 1c and section 1.471 of the Revised Code, the amendments	89948
take effect on the ninety-first day after this act is filed with	89949
the Secretary of State. If, however, a referendum petition is	89950
filed against the amendments, the amendments, unless rejected at	89951
the referendum, take effect at the earliest time permitted by law.	89952

Section 612.69.03. The amendments by this act to section	89953
5739.01 of the Revised Code provide for or are essential to	89954
implementation of a tax levy. Therefore, under Ohio Constitution,	89955
Article II, Section 1d, the amendments are not subject to the	89956
referendum and go into immediate effect when this act becomes law.	89957
However, the amendment to divisions (HHH) and (III) of the section	89958
goes into effect July 1, 2005, and the amendments to division	89959
(H)(1)(a)(vi), adding a new division (H)(1)(b), and adding a new	89960
division (H)(1)(c)(iv) of the section go into effect January 1,	89961
2006.	89962

Section 612.69.06. The amendments by this act to section	89963
5739.02 of the Revised Code provide for or are essential to	89964
implementation of a tax levy. Therefore, under Ohio Constitution,	89965
Article II, Section 1d, the amendments are not subject to the	89966
referendum and go into immediate effect when this act becomes law.	89967
However, the amendment to division (B)(18) of the section goes	89968
into effect July 1, 2005.	89969

Section 612.69.09. (A) Except as otherwise provided in	89970
division (B) of this section, the amendments by this act to	89971
section 5739.17 of the Revised Code are not subject to the	89972
referendum. Therefore, under Ohio Constitution, Article II,	89973
Section 1d and section 1.471 of the Revised Code, the amendments	89974
take effect on July 1, 2005.	89975

(B) The amendments to division (C) of section 5739.17 of the	89976
Revised Code provide for or are essential to implementation of a	89977
tax levy. Therefore, under Ohio Constitution, Article II, Section	89978
1d, the amendments are not subject to the referendum and go into	89979
immediate effect when this act becomes law.	89980

Section 612.69.12. The amendments by this act to section	89981
5741.02 of the Revised Code provide for or are essential to	89982
implementation of a tax levy. Therefore, under Ohio Constitution,	89983
Article II, Section 1d, the amendments are not subject to the	89984
referendum and go into immediate effect when this act becomes law.	89985
However, the amendment to division (E) of the section goes into	89986
effect January 1, 2006.	89987

Section 612.72. (A) Except as otherwise provided in division	89988
(B) of this section, the amendments by this act to section 5747.01	89989
of the Revised Code provides for or is essential to implementation	89990
of a tax levy. Therefore, under Ohio Constitution, Article II,	89991
Section 1d, the amendments are not subject to the referendum and	89992
go into immediate effect when this act becomes law.	89993

(B) The amendment to division (A)(10) of section 5747.01 of	89994
the Revised Code is subject to the referendum. Therefore, under	89995
Ohio Constitution, Article II, Section 1c and section 1.471 of the	89996
Revised Code, the amendment takes effect on the ninety-first day	89997
after this act is filed with the Secretary of State. If, however,	89998
a referendum petition is filed against the amendment, the	89999
amendment, unless rejected at the referendum, takes effect at the	90000
earliest time permitted by law.	90001

Section 615.03. Except as otherwise specifically provided in	90002
this act, the uncodified sections of law amended or enacted in	90003
this act, and the items of law of which the uncodified sections of	90004
law amended or enacted in this act are composed, are not subject	90005
to the referendum. Therefore, under Ohio Constitution, Article II,	90006
Section 1d and section 1.471 of the Revised Code, the uncodified	90007
sections of law amended or enacted in this act, and the items of	90008
law of which the uncodified sections of law amended or enacted in	90009
this act are composed, go into immediate effect when this act	90010
becomes law.	90011

Section 615.06. Uncodified sections of law amended or enacted	90012
in this act, and items of law contained within the uncodified	90013
sections of law amended or enacted in this act, that are marked	90014
with an asterisk are subject to the referendum. Therefore, under	90015
Ohio Constitution, Article II, Section 1c and section 1.471 of the	90016
Revised Code, the uncodified sections and items of law marked with	90017
an asterisk take effect on the ninety-first day after this act is	90018
filed with the Secretary of State. If, however, a referendum	90019
petition is filed against an uncodified section or item of law	90020
marked with an asterisk, the uncodified section or item of law	90021
marked with an asterisk, unless rejected at the referendum, takes	90022
effect at the earliest time permitted by law.	90023

If the amending and existing repeal clauses commanding the	90024
amendment of an uncodified section of law are both marked with	90025
asterisks, the uncodified section as amended is deemed also to	90026
have been marked with an asterisk.	90027

An asterisk marking an uncodified section or item of law has	90028
the form *.	90029

This section defines the meaning and form of, but is not	90030
itself to be considered marked with, an asterisk.	90031

Section 615.90. If the amendment or enactment in this act of	90032
a codified or uncodified section of law is subject to the	90033
referendum, the corresponding indications in the amending,	90034
enacting, or existing repeal clauses commanding the amendment or	90035
enactment also are subject to the referendum, along with the	90036
amendment or enactment. If the amendment or enactment by this act	90037
of a codified or uncodified section of law is not subject to the	90038
referendum, the corresponding indications in the amending,	90039
enacting, or existing repeal clauses commanding the amendment or	90040
enactment also are not subject to the referendum, the same as the	90041
amendment or enactment.	90042

Section 618.03. The amendment of sections 5112.03 and 5112.08	90043
of the Revised Code are not intended to supersede the earlier	90044
repeal, with delayed effective date, of those sections.	90045

Section 618.06. The General Assembly, applying the principle	90046
stated in division (B) of section 1.52 of the Revised Code that	90047
amendments are to be harmonized if reasonably capable of	90048
simultaneous operation, finds that the following sections,	90049
presented in this act as composites of the sections as amended by	90050
the acts indicated, are the resulting versions of the sections in	90051
effect prior to the effective date of the sections as presented in	90052
this act:	90053

Section 122.74 of the Revised Code as amended by both Am.	90054
Sub. H.B. 356 and Am. Sub. S.B. 310 of the 121st General Assembly.	90055

Section 307.37 of the Revised Code as amended by both Am.	90056
Sub. H.B. 175 and Sub. H.B. 231 of the 125th General Assembly.	90057

Section 307.86 of the Revised Code as amended by both Am.	90058
Sub. H.B. 11 and Sub. H.B. 230 of the 125th General Assembly.	90059

Section 2151.86 of the Revised Code as amended by both Am.	90060
Sub. H.B. 106 and Am. Sub. H.B. 117 of the 125th General Assembly.	90061

Section 2921.13 of the Revised Code as amended by Am. Sub.	90062
H.B. 12, Am. Sub. H.B. 95, and Am. Sub. H.B. 311 of the 125th	90063
General Assembly.	90064

Section 3314.03 of the Revised Code as amended by both Am.	90065
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly.	90066

Section 3317.023 of the Revised Code as amended by both Am.	90067
Sub. H.B. 3 and Am. Sub. H.B. 95 of the 125th General Assembly.	90068

Section 3317.026 of the Revised Code as amended by both Sub.	90069
H.B. 129 and Sub. S.B. 200 of the 124th General Assembly.	90070

Section 3704.035 of the Revised Code as amended by both Am.	90071
Sub. S.B. 18 and Am. Sub. S.B. 153 of the 120th General Assembly.	90072

Section 4503.571 of the Revised Code as amended by both Am.	90073
Sub. S.B. 120 and Am. Sub. S.B. 232 of the 123rd General Assembly.	90074

Section 5739.01 of the Revised Code as amended by both Am.	90075
Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly.	90076

Section 5739.02 of the Revised Code as amended by both Am.	90077
Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th General Assembly.	90078

Section 5739.99 of the Revised Code as amended by both Am.	90079
Sub. S.B. 143 and Sub. S.B. 200 of the 124th General Assembly.	90080

Section 5741.02 of the Revised Code as amended by Am. Sub.	90081
H.B. 95, Am. Sub. S.B. 37, and Sub. S.B. 47 of the 125th General	90082
Assembly.	90083

Section 5743.03 of the Revised Code as amended by both Am.	90084
Sub. S.B. 242 and Am. Sub. S.B. 261 of the 124th General Assembly.	90085

Section 5743.99 of the Revised Code as amended by both Am.	90086
Sub. S.B. 123 and Am. Sub. S.B. 242 of the 124th General Assembly.	90087

Section 6121.04 of the Revised Code as amended by both Sub.	90088
H.B. 601 and Am. Sub. H.B. 628 of the 123rd General Assembly.	90089